Article 12 Security categories of prisoners
The Governor shall assign in accordance with paragraph (2) or (4) a security category to each prisoner as soon as possible after his reception.
For the purposes of paragraph (1) but subject to paragraph (4), a prisoner shall be assigned the lowest appropriate security category of the list of categories specified in column 1 of Schedule 2 having regard to the criteria specified in relation to each such category in column 2 of that Schedule.
Subject to paragraph (5), the Governor shall keep under review, and shall formally review at least once in every period of 12 months, the security category assigned to each prisoner and may, if appropriate, assign another category in the list in Schedule 2 to the prisoner.
For the purposes of paragraph (1), an untried prisoner shall be assigned either Category A or Category B in the list of categories specified in column 1 of Schedule 2, whichever is the lower appropriate having regard to the criteria specified in relation to those categories in column 2 of that Schedule.
The Governor shall keep under review the security category assigned to an untried prisoner and where appropriate may assign Category A to such a prisoner who is Category B or assign Category B to such a prisoner who is Category A.
Where the Governor assigns category A in the list in Schedule 2 to any prisoner, he shall within 72 hours obtain the approval of the Secretary of State for the continuation of that category in relation to the prisoner.
The Governor shall obtain the prior approval of the Secretary of State if he intends to assign category D in the list in Schedule 2 to any life prisoner.
Following the assignment of a security category, the Governor shall explain to the prisoner concerned, if he asks, why that category is the lowest appropriate and, subject to paragraph (9), shall inform him of the gist of any matter of fact or opinion to which he has had regard in reaching that determination.
Where the Governor considers that any written information or document which he has taken into account in reaching his determination of the security category would, if disclosed to the prisoner, be likely to be damaging on one or more of the following grounds, namely:–
that it would be likely adversely to affect the health, welfare or safety of the prisoner or any other person;
that it would be likely to result in the commission of an offence;
that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;
that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders; or
that it would be likely otherwise to damage the public interest,
he shall inform the prisoner, but only so far as is practicable without prejudicing the purposes for which that information is not disclosed, of the gist of that information or document.