Article 40 Substitution of rule 92 of the principal Rules

For rule 92 of the principal Rules (escorted exceptional day absence) there is substituted the following rule:–

“Escorted day absence

92

(1)

In this rule, “escorted day absence” means leave of absence under escort from the prison, for a period not exceeding 1 day, of a prisoner for the purpose of enabling him–

(a)

to visit a near relative who it appears to the Governor is dangerously ill;

(b)

to attend the funeral of a near relative; or

(c)

to attend at any place for any reason where the Governor is of the view that there are exceptional circumstances.

(2)

On the written application of a prisoner, the Governor may grant, subject to and in accordance with the provisions of this rule and any operational requirements, escorted day absence to the prisoner if he is satisfied that the purpose of the application is genuine and appropriate.

(3)

If the prisoner concerned is for the time being assigned security category A, the Governor shall obtain the prior written consent of the Secretary of State to the granting of escorted day absence.

(4)

Where the Governor grants escorted day absence, the prisoner concerned shall be escorted by an officer or officers throughout the period of his absence from the prison.

(5)

For the purposes of escorted day absence in terms of this rule, the Secretary of State may specify in a direction–

(a)

the criteria about which the Governor must be satisfied before granting leave of absence for the purpose specified in paragraph (1)(a);

(b)

the persons who are to be treated as near relatives of the prisoner; and

(c)

the proceedings, services or ceremonies which a prisoner may attend for the purpose specified in paragraph (1)(b).”.