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Article 40 Privileges

Original text. Later amendments are not shown.

(1)

The Governor of each prison shall establish, subject to paragraph (3), such system of privileges as may be appropriate to the groups or categories of prisoners detained in the prison.

(2)

A system of privileges may include privileges which apply to different classes of prisoners or in respect of different parts of the prison.

(3)

A system of privileges established under this rule shall make provision at least in relation to–

(a)

the items of property which the Governor may, in terms of rule 44, allow a prisoner to have in his room or cell;

(b)

the arrangements whereby a prisoner may purchase items within, or outwith, the prison;

(c)

the facilities to which a prisoner may have access and the activities in which he may take part in terms of rule 76;

(d)

the arrangements whereby a prisoner may smoke or have any tobacco in his possession;

(e)

the circumstances in which privileges may be withdrawn from a prisoner; and

(f)

any other matter as may be specified in a direction made by the Secretary of State under and for the purposes of this rule.

(4)

A system of privileges shall not make provision which prejudices or derogates from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made for any purpose specified in these Rules, and any such entitlement or right shall not be regarded as a privilege granted by virtue of this rule and shall not be capable of being forfeited under rule 100(1)(b).

(5)

The Governor shall ensure that every prisoner is provided with information, in a manner which enables him to understand it, in relation to–

(a)

the application to him of the system of privileges established under this rule; and

(b)

the circumstances in which privileges may be withdrawn.

(6)

Where the Governor–

(a)

withdraws any privilege enjoyed by a prisoner; or

(b)

refuses to grant to any prisoner a privilege which is enjoyed by other prisoners,

he shall give reasons for his decision to the prisoner concerned.