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The Service Custody and Service of Relevant Sentences Rules 2009

S.I. 2009/1096 · Made 28 April 2009 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 13 November 2023.

Defence

Made 28th April 2009

Laid before Parliament 30th April 2009

Coming into force 31st October 2009

The Secretary of State makes the following Rules in exercise of the powers conferred by section 300 of the Armed Forces Act 2006f1:

Annotations to the whole text

Footnotes

f1

2006 c. 52; section 300 has been modified by S.I. 2009/1059, article 150.

Contents

  1. Part 1: Preliminary
  2. 1Citation, commencement and interpretation
  3. 2Revocations
  4. Part 2: Service detention in service custody premises
  5. 3Places in which persons may be required to serve sentences of service detention
  6. 4Committal to prisons and service custody premises and removal from service custody premises
  7. 5Release from service detention
  8. 6Service custody facilities overseas
  9. 7Inspector of service custody premises
  10. 8Automatic remission of sentence
  11. Part 3: Treatment, Employment and Discipline of Detainees
  12. 9Rules to be brought to the notice of detainees
  13. 10Accommodation
  14. 11Work and training of detainees in service custody premises
  15. 12Sundays and public holidays
  16. 13Work and training in association
  17. 14Unauthorised work
  18. 15Reimbursement allowance
  19. 16Prohibition of smoking
  20. 17Communications generally
  21. 18Personal correspondence
  22. 19Correspondence with legal representatives and courts
  23. 20Telephone calls
  24. 21Personal visits
  25. 22Visits by legal representatives
  26. 23Interception of communications
  27. 24Permanent log of communications
  28. 25Disclosure of material
  29. 26Retention of material
  30. 27Medical attention
  31. 28Religious books
  32. 29Chaplain and other religious ministers
  33. 30Duties of chaplain and other religious ministers
  34. 31Religious services
  35. 32Religious services
  36. 33Temporary release
  37. 34Complaints
  38. 35Admission to service custody premises
  39. 36Searches
  40. 37Escapes
  41. 38Duration of sentences: persons unlawfully at large
  42. 39Deaths in service custody premises
  43. 40Mechanical restraint
  44. 41Authorisation of mechanical restraint
  45. 42Types of mechanical restraint
  46. Part 4: Offences and Punishments in MCTC
  47. 43Breaches of discipline
  48. 44Delegation of disciplinary powers by the commandant
  49. 45Procedure for dealing with breaches of discipline
  50. 46Determination of mode of hearing
  51. 47Reference to an adjudicator
  52. 48Rights of detainees charged
  53. 49Company commander’s punishments
  54. 50Commandant’s punishments
  55. 51Adjudicator’s punishments
  56. 52Review of adjudicators’s punishment
  57. 53Cellular confinement
  58. 54Prospective award of additional days
  59. 55Suspended punishments
  60. Part 5: MCTC – further provisions
  61. 56Article 56
  62. 57Appointment of staff of MCTC
  63. 58Separate accommodation
  64. 59Segregation of detainees
  65. 60Privileges of detainees under sentence
  66. 61Education
  67. 62Welfare officer
  68. 63Appointment of the independent monitoring board
  69. 64General duties of the independent monitoring board
  70. 65Duties of the independent monitoring board on inspection of MCTC
  71. 66Appointment of service visiting officer
  72. 67Duties of the service visiting officer
  73. 68Investigation of complaints by the service visiting officer
  74. 69Resolution of complaints made to the service visiting officer
  75. 70Earned remission of sentence
  76. Part 6: Offences relating to service custody premises and further rules as to access
  77. 71Offences in relation to service custody premises and persons under sentence
  78. 71AList C articles
  79. 72Persons having access to service custody premises
  80. 73Persons having access to service custody premises
  81. Part 7: Transitional Provisions
  82. 74Article 74
  83. 75Article 75
  84. 76Article 76
  85. 77Article 77
  86. 78Article 78
  87. 79Article 79
  88. Signature
  89. Explanatory note