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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules revoke and replace the Young Offender Institution (Amendment) Rules 1999 (which have not been published), which contained some minor drafting errors.

These Rules amend the Young Offender Institution Rules 1988 (“the 1988 Rules”), as amended.

Rule 3 of these Rules introduces the Schedule, which sets out the amendments to the 1988 Rules.

Paragraph 1 of the Schedule amends rule 6 (Temporary Release) of the 1988 Rules to reflect amendments made to Part II of the Criminal Justice Act 1991 by the Crime and Disorder Act 1998. Paragraph 2 adds to rule 10 (Communications) express reference to restrictions on visits and telecommunications. Paragraphs 4, 5 and 6 make minor amendments to rules 21 (Hygiene), 35 (Education) and 43 (Search) of the 1988 Rules respectively. Paragraph 7 amends rule 48 (Temporary confinement) to provide that where an inmate is confined for 24 hours there must be a direction in his case given by a member of a board of visitors or by an officer of the Secretary of State, not being an officer of the young offender institution. Paragraph 8 clarifies rule 49 (Restraints) so that an inmate aged less than 17 years cannot be put under restraint but may, in certain circumstances, be placed in handcuffs.

Paragraph 9 amends rule 50 (Offences against discipline) to remove the offence of offending against good order and discipline and adds a new offence of receiving an article or controlled drugs during a visit; and paragraph 10 makes minor amendments to the punishments that a governor may impose under rule 53 (Governor’s punishments) and makes provision for the Secretary of State to issue guidelines for punishments.

Paragraphs 11 to 14 inclusive make minor amendments to rules 60 (Adult female inmates: disciplinary punishments), 63 (Search of officers), 67 (Quarters) and 70 (Control of persons and vehicles).

In paragraph 15 a new rule 71A (Visitors) adds powers to prohibit certain visitors for periods of time.

Paragraphs 16 and 17 amend rules 72 and 73 to make new provision in respect of the circumstances where a person may not be a member of a board of visitors and where the Secretary of State may terminate the appointment of such a person.