Article 73 Visitors

F1(1)

Without prejudice to any other powers to prohibit or restrict entry to prisons, or his powers under rules 34 and 35, the Secretary of State may prohibit visits by a person to a prison or to a prisoner in a prison for such periods of time as he considers necessary if the Secretary of State considers that such a prohibition is—

(a)

necessary on grounds specified in rule 35A(4); and

(b)

is proportionate to what is sought to be achieved by the prohibition.

F2(1A)

During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a prison or to a prisoner in a prison for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to prisoners or the prison.

(2)

~~F3Paragraph (1)~~ Paragraphs (1) and (1A) shall not apply in relation to any visit to a prison or prisoner by a member of the F4independent monitoring board of the prison, or justice of the peace, or to prevent any visit by a legal adviser for the purposes of an interview under rule 38 or visit allowed by the independent monitoring board under rule 35(6).

Annotations

Textual amendments

F1: Rule 73(1) substituted (24.10.2000) by The Prison (Amendment) (No. 2) Rules 2000 (S.I. 2000/2641), rules 1, 7
F2: Rule 73(1A) inserted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 12(a) (with rule 1(3))
F3: Words in rule 73(2) substituted (temp.) (15.5.2020) by virtue of The Prison and Young Offender Institution (Coronavirus) (Amendment) (No. 2) Rules 2020 (S.I. 2020/508), rule 1(1), Sch. 1 para. 12(b) (with rule 1(3))
F4: Words in rule 73(2) substituted (1.4.2008) by The Prison (Amendment) Rules 2008 (S.I. 2008/597), rules 1, 4(a)