Article 49 Substitution of rule 120 of the principal Rules

For rule 120 of the principal Rules (short home leave, Christmas and summer leave and pre-Training for Freedom leave) there is substituted the following rule:–

“Short Home Leave and Christmas and Summer Leave

120

(1)

In this rule–

(a)

“short home leave” means temporary release from a prison of a prisoner for the purpose of enabling him to visit his home or other approved place for a period not exceeding 48 hours, excluding travelling time; and

(b)

“Christmas and summer leave” means temporary release from a prison of a prisoner for the purpose of enabling him to visit his home or other approved place for a period of up to 5 days, excluding travelling time, at Christmas or during the summer.

(2)

On the application of an eligible prisoner and subject to rule 126, the Governor may grant the prisoner short home leave or Christmas and summer leave if he is of the opinion that, having regard to the relevant criteria applicable to the grant of such leave, it is appropriate to do so.

(3)

For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of his application he–

(a)

is confined at a prison or in a particular hall of a prison to which this rule applies;

(b)

is either–

(i)

a life prisoner; or

(ii)

a prisoner serving a sentence for a term of more than one year and who has served not less than 6 months or one-third of the term of the sentence, whichever expires the later;

(c)

is assigned security category D and has been assigned that category for at least 6 weeks prior to his application; and

(d)

is not disqualified from consideration for any reason specified in rule 124.”.