Print The Prison and Young Offenders Centre Rules (Northern Ireland) 1995
Statutory Instrument 1995 No. 8
Entered into force1stMarch 1995
The Secretary of State in pursuance of section 13 of the Prison Act (Northern Ireland) 1953(a), as extended by section 2 of the Treatment of Offenders Act (Northern Ireland) 1968(b), hereby makes the following rules-
PART I
PRELIMINARY
Citation and commencement1.These rules may be cited as the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 and shall come into operation on1stMarch 1995.
Generalprincipals2.(1) These rules are made with regard to the following general principles-
(a)All prisoners committed by the courts shall be held safely and securely for the protection of the community and in the interests of justice;
(b)The treatment of prisoners shall be such as to sustain their self- respect and health and to encourage them to develop a sense of personal responsibility;
(c)Prisoners’ living conditions shall be compatible with human dignity and acceptable standards of living in the community;
(d)Prisoners will be offered to use their time constructively while in prison and willbeencouraged to do so;
(e) Each prisoner will be considered individually and where appropriate will be able to contribute to decisions regarding how he spends his time while in prison;
(f) Facilities and privileges shall be made available to prisoners, individually or as members of a class, without discrimination on the basis of race,colour, sex, language, political opinion, national or other origin, birth, economic or other status;
(g) Where a decision is taken which affects the conditions of imprisonment of a prisoner, or a class or prisoners, the reasons for that decision will be made available;
(h) Order and discipline in prison shall be maintained at all times with firmness and fairness but with no more restriction than is necessary for safe custody and well-ordered community life;
(i)Prisoners shall be given facilities to maintain links with their families and encouraged to do so and assisted in other respects to prepare themselves for eventual release;
(j)Prisoners retain all rights and privileges except those removed as a necessary consequence of their imprisonment;
(k)Information will be made available to prisoners to enable them to understand the prison regime and to make use of the facilities available under it.
(2) These principals, taken together, are intended as a guide to the interpretation and application of the rules.
Application3.-(1) These rules shall apply to all prisoners held in lawful custody.
(2) The rules shall apply to women prisoners subject to Part X.
(3) The rules shall apply to inmates held in a young offenders centre subject to Part XI.
(4) The rules shall apply to untried prisoners subject to Part XII.
(5) The rules shall apply to prisoners committed for contempt or otherwise lawfully detained without conviction subject to Part XIII.
Interpretation4.(1)In these rules –
“theAct” means the Prison Act (Northern Ireland) 1953;
“boardof visitors” means a board of visitors appointed for a prison under section 10 of the Act;
“centre” means a young offenders centre provided under section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968;
“chaplain” means a minister of any religious denomination appointed under section 9(1) of the Act;
“chiefmedical officer” means the chief medical officer of the Department of Health and Social Services;
“codeof conduct” means any code of conduct approved by the Secretary of State under rule 6;
“foreignnational” does not include a citizen of theRepublicofIreland;
“thegovernor” means the governing governor of a prison whether or not present at the prison;
“a governor” means any governor and includes an officer acting with authority under rule 117(2) or rule 117(3);
“inmate” means a person required to be detained in a young offenders centre;
“legal adviser” means , in relation to a prisoner, the prisoner’s counsel or solicitor and includes an accredited clerk acting on behalf of a solicitor;
“medical officer” means the officer, being a registered medical practitioner, appointed by the Secretary of State to perform the functions of that officer;
“officer” means an officer of a prison;
“prisoner” means any person to be detained in a prison;
“privilege” means any of the privileges under rule 10;
“public holiday” means any holiday which is published by means of a Circular Instruction made by the Secretary of State and includes bank and privilege holidays;
“visiting committee” means the committee appointed by the Secretary of State under section 3 of the Treatment of Offenders Act (Northern Ireland) 1968.
Prisons5.(1) The Secretary of State may, in pursuance of section 1 of the Act:-
(a)declare that any premises, building, enclosure or place shall be a prison;
(b)alter the boundaries of any prison;
(c) amend or revoke any such declaration.
(2) The prisons specified in the Schedule to these Rules are hereby declared to be prisons for the purposes of the Act and of these rules.
Code of Conduct6.The Secretary of State may approve a code, or codes, of conduct to have effect in relation to the conduct, duties and discipline of the staff of prisons.
Application of these rules during an emergency7.– (1) Where there is an emergency affecting the safe and secure operation of a prison, or prisons, the Secretary of State may declare an emergency and direct that these rules shall only have effect to the extent consistent with action taken with regard to that emergency.
(2) Where any constable or other person, not being an officer, is employed by reason of any emergency to assist the governor of a prison by performing duties ordinarily performed by an officer, any reference in these rules to an officer, except in parts XIV and XV, shall be treated as including a reference to a constable or other person so employed.
Revocation8.The Prison Rules (Northern Ireland) 1982, The Young Offenders Centre Rules (Northern Ireland) 1982, The Prison (Amendment) Rules (Northern Ireland) 1983, and The Young Offenders Centre (Amendment)Rules (Northern Ireland) 1983 are revoked.
PART II
CLASSIFICATION, PRIVILEGES AND ACCOMMODATION
Classification9.(1) Prisoners shall be classified in accordance with any directions made by the Secretary of State, having regard to their age, offence, length of sentence, previous record, conduct in prison or while on temporary release under rule 27 and the requirements of security, good order and discipline at the prison in which they are confined.
(2) A prisoner may be re-classified following a review by the governor taking into account any of the matters set out in paragraph (1).
(3) A prisoner shall not be re-classified as a punishment for an offence against discipline.
(4) Prisoners may be located in such part of the prison as the governor may determine by reference to their classification and any other factors which he may decide to take into account; and may subsequently be transferred to other locations in the prison either in groups or as individuals.
(5) The classification of prisoners under this Rule will not be such as to unnecessarily deprive prisoners of the benefits of association with other persons.
Privileges10.– (1) There shall be established at every prison a system or systems of privileges appropriate to the classes of prisoners held there.
(2) The system of privileges shall have regard to prisoners’ personal possessions, private cash and prison earnings in addition to access to other facilities.
(3) Where an order for the forfeiture of privileges is made by a governor under Rule 39(1) of these Rules, it shall apply only to those privileges specified in the order.
Accommodation11.(1) Accommodation for prisoners shall be in accordance with directions approved by the Secretary of State and shall be of such size and be lighted, warmed, ventilated and fitted in such a manner as is requisite for health and human dignity subject to paragraph (4) of this Rule.
(2) Accommodation shall be provided with means by which prisoners locked inside may communicate at any time with an officer.
(3) Each prisoner shall have a separate room or cell, but where necessary the governor, in accordance with any directions approved by the Secretary of State, may accommodate two or more prisoners in a room or cell.
(4) The provision of accommodation above the standard required for the preservation of health is subject to the requirements of security and good order and to the use made of the accommodation by the prisoner or prisoners.
Cleanliness of the prison12.(1) The governor shall take all practical steps to ensure the cleanliness and hygiene of all parts of the prison in which prisoners, officers and other staff live, work, or otherwise have reason to be.
(2) To this end the governor shall consult with the medical officer and with the authorities responsible for environmental health and for health and safety at work.
(3) The governor may grant reasonable facilities toauthorisedofficers of those authorities under paragraph (2) for the inspection of those parts of the prison in which they have a proper interest.
(4) An officer may direct a prisoner to clean and sweep the yards, passages and other parts of the prison.
Heating, lighting and ventilation13.The governor shall ensure that the arrangements for heating, lighting and ventilation in the prison are satisfactory, and the provisions of rule 12(2) and 12(3) shall apply to these matters.
Beds and bedding14.Every prisoner shall be provided with a separate bed and with separate bedding adequate for warmth and health.
PART III
RECEPTION, TRANSFER AND DISCHARGE
General15.No prisoner shall be received without a valid commitment order, warrant or certificateauthorisinghis detention in custody.
Search16.– (1) Every prisoner shall be searched on reception to prison.
(2) A prisoner may be searched before or following a visit, on any occasion on which the prisoner has come into contact with, or is likely to come into contact with, persons from outside the prison, or when his cell or property is searched.
(3) A search under paragraphs (1) and (2) may include a full search.
(4) The governor may direct that a prisoner or prisoners be searched at such times as is considered necessary for the safety and security of the prison.
(5) Where the governor has grounds to believe that a prisoner is in possession of a prohibited orunauthorisedarticle and that item may only be discovered by means of a full search the governor may direct that the prisoner be required to submit to a full search.
(6) A prisoner shall not be undressed, or required to undress, in the sight of another prisoner, or any persons other than the officers conducting the search, but a prisoner may be required to remove a hat, coat or overcoat.
(7) Any search for which a prisoner must undress may only be carried out by an officer of the same sex as the prisoner.
(8) Where a prisoner refuses to co-operate with a search, including a full search, such force as is necessary to effect the search may be used.
(9) This rule does not permit the search of a body cavity, but a prisoner may be required to open his mouth to permit a visual inspection.
(10) Under this rule a search of a prisoner may include a search of any prisoner’s cell and property.
Prisoners’ property on reception17.(1) Any property or clothing which a prisoner is not allowed to retain for his own use shall be taken into safe custody under the authority and responsibility of the governor.
(2) If clothing is in an infested or in a state of total disrepair it may be destroyed, in which event the details shall be recorded and the prisoner informed.
(3) Any cash which a prisoner has on reception to prison shall be paid into an account under the control of the governor and the prisoner shall be credited with the amount in the books of the prison.
(4) If a prisoner has any form of medicine in his possession on reception it shall be for the medical officer to decide on its use or disposal as the case may be.
(5) If the medical officer is not on duty at the time of reception an officer, or any other person, acting with the authority of the medical officer, will take note of any medication that a prisoner has in his possession and will take appropriate action and he will report to the medical officer before the medical officer interviews the prisoner.
Money and articles received at a prison18.– (1) Any money or other article (other than a letter or other communication) sent to a prisoner through the post office or otherwise received at prison shall be dealt with in accordance with the provisions of this rule and the prisoner shall be told how it is dealt with.
(2) Any cash shall, at the discretion of the governor, be –
(a) dealt with in accordance with rule 17(3); or
(b)returned to the sender if his name and address are known; or
(c)where the sender’s name and address are unknown, otherwise dealt with subject to any discretion by the Secretary of State provided that in relation to a prisoner committed to prison in default of payment of a sum of money, cash received at the prison shall be applied in or towards the satisfaction of the amount due form him unless the prisoner objects.
(3) Any security for money shall, at the discretion of the governor, be –
(a) placed with the prisoner’s property; or
(b) returned to the sender if his name and address are known; or
(c)encashedand the cash dealt with in accordance with paragraph
(2) of this rule.
(4) Any other article to which this rule applies shall, at the discretion of the governor, be –
(a) delivered to the prisoner or placed with his property; or
(b) returned to the sender if his name and address are known; or
(c) if the sender’s name and address are not known or if the article is of such a nature that it would be unreasonable to return it, sold or otherwise disposed of, and the net proceeds of any sale dealt with in accordance with paragraph (2) of this rule.
Record, photograph and finger-prints19.–(1) The name, age, height, weight, distinctive marks and any measurements or other particulars which may be required in regard to a prisoner shall, on his reception and subsequently as necessary, be taken and recorded in such a way as the Secretary of State may direct.
(2) A convicted prisoner may be photographed, palm-printed and fingerprinted on reception and at subsequent times as may be necessary for the purposes of prison records.
(3) No copy of a photograph of a prisoner, or other personal details taken in under this rule, may be given to any person notauthorisedto receive them.
Baths20.Every prisoner on his reception shall have a hot bath or shower as directed by the governor or medical officer unless exempted by either from doing so.
Medical examination on reception21.–(1)Subject to paragraph (2) the medical officer or other approved medical practitioner shall separately examine every prisoner as early as practicable on the day of his reception and shall record the result.
(2) If a prisoner is received too late on the day of his reception, or if he is received on a day when the medical officer is not on duty at the prison, he shall be seen following his reception by an officer, or any other person, acting with the authority of the medical officer, and then be examined by the medical officer as soon as possible on the next day or where that is not possible within 48 hours of his reception.
(3) The medical officer shall notauthoriseanyone to see a prisoner under paragraph (2) unless he is satisfied that they are adequately trained.
(4) If any prisoner is found to have any infectious disease or to be in any condition which may threaten the health or well-being of others, the medical officer shall report the matter to the governor and the chief medical officer and steps shall at once be taken to treat the disease or condition appropriately.
Interview with governor after reception22.The governor shall interview every prisoner as soon as practicable after his reception, and shall ensure that any relevant matters to which the prisoner may draw attention are noted and dealt with.
Information to prisoners23.–(1) As soon as practicable after reception every prisoner shall be provided with information sufficient to enable him to understand the disciplinary and other requirements of the prison, the facilities available and the proper methods of seeking further information and of making complaints.
(2) Information provided under this rule shall be made available in writing for a prisoner to consult in his own time.
(3) In the case of a prisoner who cannot read or who for any reason has difficulty in understanding, the governor shall ensure that the necessary information has been properly explained to him.
(4) A prisoner may consult these rules at any reasonable time and a prisoner shall be informed during reception of the right to do so.
Foreign nationals24.–(1) Foreign nationals shall be informed without delay that they may communicate with the appropriate diplomatic representative of the state to which they belong and be given reasonable facilities to do so.
(2) Refugees or stateless persons shall be given reasonable facilities to communicate with the diplomatic representative of the state which looks after their interests, or any national or international authority which serves the interests of such persons.
(3) Special arrangements shall be made to meet the needs of foreign nationals with linguistic difficulties.
Custody outside prison25.–(1) Subject to paragraph (2) and (5) a prisoner who is directed by any court or by the Secretary of State to be taken to any place shall be kept in the custody of the officers ordered by the governor to take him to that place.
(2) A prisoner who is directed to be brought before a court of summary jurisdiction may be kept in the custody of police officers outside the prison.
(3) When a prisoner is being transferred to or from prison, he shall be exposed to public view as little as possible, and as far as is practicable be protected from insult, curiosity and publicity of any kind.
(4) Prisoners shall on all occasions be transported in conditions which avoid any unnecessary physical hardship or indignity.
(5) A prisoner having been removed from prison and detained in hospital shall remain under the control of the governor of that prison and may be kept in the custody of an officer, a police officer or any person to whose custody he may temporarily be committed with the approval of the governor.
Transfer26.–(1) Where practicable, every prisoner shall be interviewed by the governor before transfer.
(2) The medical officer shall see every prisoner as short a time as is practicable before his transfer to another prison unless, in exceptional circumstances and for reasons of security or the good order and control of the prison, the governor directs that the transfer must take effect immediately.
(3) If the medical officer is of the opinion that the prisoner is not fit to be transferred he shall inform the governor of that and the prisoner shall not be transferred.
(4) Where a prisoner is transferred from one prison to another he shall be allowed reasonable facilities to inform his next-of-kin and if he is anunconvictedprisoner or engaged in litigation, his legal advisor.
Temporary release27.–(1) A prisoner to whom this rule applies may be temporarily released for any period or periods and subject to any conditions.
(2) A prisoner may be temporarily released under this rule for any special purpose or to enable him to have medical treatment to engage in employment, to receive instruction or training or to assist him in his transition from prison to outside life.
(3) A prisoner released under this rule may be recalled to prison at any time whether the conditions of his release have been broken or not.
(4) This rule applies to prisoners other than persons-
(a) remanded in custody by any court; or
(b)committed in custody for trial; or
(c)committed to be sentenced or otherwise dealt with before or by the Crown Court.
Discharge28.–(1) Every prisoner shall be interviewed by the governor before discharge.
(2) The medical officer shall examine every prisoner as short a time as is practicable before his discharge.
(3) On the discharge of a prisoner his own clothes and other property shall, subject to paragraph (4), be returned to him.
(4) If a prisoner’s clothes have been destroyed under Rule 17(2) suitable clothing shall be provided for him.
Death or serious illness of prisoner29.–(1) If a prisoner dies, becomes seriously ill, sustains any severe injury or is removed to hospital, the governor shall, if he knows the address, at once inform the prisoner’s next-of-kin, and also any person the prisoner may reasonably have asked should be informed.
(2) If a prisoner dies, the governor shall immediately notify the coroner having jurisdiction, the board of visitors and the Secretary of State.
(3) If a prisoner dies, the medical officer shall record and report to the governor and the chief medical officer –
(a) when the deceased was injured or taken ill;
(b) the time at which he was first told of the injury or illness;
(c)the nature of the injury or disease;
(d)when the prisoner died;
and in cases where a post-mortem examination is made, the medical officer shall report on its findings and make any observations which he considers appropriate.
Remission of sentence30.–(1) A prisoner serving a sentence of imprisonment for an actual term of more than 5 days may, on the ground of his good conduct, be granted remission in accordance with the provisions of this rule, shall not permit the reduction of the actual term to less than 5 days.
(2) The remission granted shall not exceed half the total of the actual term and any period spent in custody which is taken into account under section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 (which relates to the duration of sentences).
(3) Where a prisoner commits an offence while in prison custody or on temporary release under rule 27 and is awarded a sentence to be served concurrently with the sentence that was being served when the offence was committed the governor may order that the prisoner shall lose remission in respect of all or part of that sentence up to a maximum of 28 days or with the authority of the Secretary of State for up to 180 days.
(4) Remission lost under paragraph (3) may be restored by the governor, or if it is more than 28 days, the Secretary of State.
(5) The foregoing provisions of this rule shall have effect subject to any disciplinary award loss of remission and shall not apply to a sentence of imprisonment for life.
(6) A prisoner who would otherwise be discharged on any of the following days, that is to say –
(a) a Sunday, Christmas Day, Good Friday;
(b) a public holiday in Northern Ireland;
(c) in the case of a person who is serving a term (as pronounced) of more than 7 days, a Saturday;
(d)aday on which he would be granted temporary release under rule 27; may be discharged on the next preceding day which is not one of those days.
(7) In this rule “actual term” means the term of a sentence of imprisonment as reduced by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 and, in the case of a sentence pronounced outside Northern Ireland, any reference to the said section 26(2) includes a reference to any corresponding provision having effect where the sentence was pronounced.
(8) For the purposes of this rule-
(a)consecutive terms of imprisonment and, in the case of terms of imprisonment imposed before1st March 1976, terms which are wholly or partly concurrent shall be treated as a single term;
(b)a person committed to prison in default of a payment of a sum adjudged to be paid by a conviction shall be treated as serving a sentence of imprisonment;
(c)a person ordered to be returned to prison under article 3 of the Treatment of Offenders (Northern Ireland) Order 1976 shall be treated as serving a sentence of imprisonment.
(9) Paragraphs (1) and (2) of this Rule have effect subject to sections 14 and 15 of the Northern Ireland (Emergency Provisions) Act 1991 which restrict the remission available to prisoners convicted of scheduled offences.
PART IV
DISCIPLINE AND CONTROL
Supervision31.–(1) Prisoners may be supervised by officers of either sex.
(2) In circumstances in which privacy would be expected a prisoner will be supervised by an officer of the same sex.
Restriction of association32.–(1) Where it is necessary for the maintenance of good order or discipline, or in his own interests that the association permitted to a prisoner should be restricted, either generally or for particular purposes, the governor may arrange for the restriction of his association.
(2) A prisoner’s association under this rule may not be restricted under this rule for a period of more than 48 hours without the agreement of a member of the board of visitors or of the Secretary of State.
(3) An extension of the period of restriction under paragraph(2) shall be for a period not exceeding one month, but may be renewed for further periods each not exceeding one month.
(4) The governor may arrange at his discretion for such a prisoner as aforesaid to resume full or increased association with other prisoners and shall do so if in any case the medical officer so advises on medical grounds.
(5) Rule 55(1) shall not apply to a prisoner who is subject to restriction of association under this rule but such a prisoner shall be entitled to one hour of exercise each day which shall be taken in the open air, weather permitting.
Unauthorisedarticles33.A governor may confiscate any article which a prisoner is not allowed to have in his possession after his reception into prison.
Prohibited articles34.–(1) Except as provided by statute, or with the authority of the Secretary of State in the case of firearms, or the governor in regard to all other items, no person may-
(a)bring, send, throw or cause to be taken into prison by post or otherwise; or
(b) bring, take or throw out of a prison; or
(c) deposit in any place with intent that it should come into a prisoner’s possession any weapon, money, clothing, food, drink, drug, tobacco, letter, parcel, package, paper, book, implement or other article.
(2) Any item introduced contrary to paragraph (1) may be confiscated by the governor and shall then be dealt with as the Secretary of State may direct.
Laying of disciplinary charges
35.–(1) Where a prisoner is to be charged with an offence against prison discipline the charge shall be laid in writing before the governor within 48 hours of the discovery of the offence save in exceptional circumstances.
(2) The prisoner shall be informed of the charge on the grounds on which it has been made within 24 hours of the charge being laid before the governor and, in any case, before the inquiry by the governor, to enable him to consider anydefencehe may wish to make.
(3) Before any inquiry the prisoner who has been charged will be provided with information about the procedure and purpose of the inquiry and will be informed of the right to request legal representations at the inquiry.
(4) A prisoner who is to be charged with an offence against discipline may be kept apart from other prisoners pending adjudication, if the governor considers that it is necessary, but may not be held separately for more than 48 hours.
Inquiry into charge36.–(1) The governor shall hold an inquiry into any charge that a prisoner has committed an offence against prison discipline.
(2) The governor shall first inquire into any charge not later, save in exceptional circumstances, than the next day after the laying of the charge unless that day is a Saturday, Sunday or public holiday, or is a day of religious observance for the prisoner in accordance with his religious denomination as recorded under rule 57.
(3) The governor may adjourn the inquiry pending further investigations, but must give reasons for doing so which shall be recorded in the record made under rule 37; any adjournment must not unfairly prejudice the interests of the prisoner.
(4) At any inquiry into a charge against a prisoner the governor shall satisfy himself that the prisoner has had sufficient time to prepare hisdefence; the prisoner shall be given a full opportunity of hearing what is alleged against him and of presenting his own case.
(5) If the Governor is not satisfied that the prisoner has had sufficient time to prepare his case he may allow an adjournment sufficient to allow the prisoner to prepare his case.
(6) Every charge against a prisoner shall be dealt with by the governor or, in a prison where a deputy has been appointed, by the deputy governor, but where neither the governor nor the deputy governor is available the governor may delegate the inquiry to another governorauthorisedby the Secretary of State to deal with charges.
(7) A reference to the governor in paragraph (1) and rules 37, 39 and 40 shall include a reference to a deputy governor or other officerauthorisedto deal with the charge under paragraph (6).
Findings37.–(1) A record will be kept of every inquiry into an offence against prison discipline and shall include the charge preferred, the facts alleged, a summary of the evidence presented, the governor’s findings and, if the charge is upheld, any award made against the prisoner.
(2) The governor may find a prisoner guilty of a lesser charge if it appears to him appropriate to do so and if it would not unfairly prejudice the interests of the prisoner. If the governor does so he shall give his reasons in the record made under paragraph (1).
Offences against prison discipline38.A prisoner shall be guilty of an offence against prison discipline, if he –
(1) mutinies or commits any act of collective indiscipline;
(2) assaults an officer or other member of staff;
(3) commits an assault causing injury against any other person including another prisoner;
(4) commits any other assault;
(5) fights or wrestles with any prisoner or other person;
(6) escapes or absconds from prison or legal custody;
(7) endangers the health or personal safety of any person or persons, including prisoners, through intentional or reckless conduct;
(8) detains any person against his will;
(9) intentionally obstructs an officer in the execution of his duty or any other person going about hisauthorisedduties within the prison;
(10) denies access to any part of a prison to any officer or other authorized person;
(11) f ails to comply with a condition of temporary release under rule 27;
(12) has in his possession anyunauthorisedarticle, or a greater quantity of any article that he isauthorisedto have, or sells or delivers to or receives from any personunauthorisedarticle, or sells, or without permission, delivers to any person any article which he is allowed to have only for his own use;
(13) takes improperly any article belonging to another person or to a prison;
(14) intentionally or recklessly sets fire to any part of a prison or any property, whether or not his own, or, destroys or damages any part of a prison or other property not being his own.
(15) absents himself from any place where he is required to be or is present at any place where he is notauthorisedto be;
(16) is disrespectful to any person or uses threatening, abusive, or insulting words orbehaviour;
(17) pierces himself or another prisoner with a needle or other implement, or consents to another prisoner piercing him with a needle or other implement, for the purpose of making a tattoo, for bodily piercing (including ear piercing), or for any other purpose;
(18) commits an indecent or obscene act;
(19) prepares, manufactures, consumes, inhales or administers to himself or any other prisoner, with or without consent, any intoxicating substance or drug, or buys, sells, passes or possesses any such item;
(20) bribes or attempts to influence any officer or other person going aboutauthorisedduties within a prison;
(21) being required to work refuses to do so, or intentionally fails to work properly;
(22) disobeys any lawful order;
(23) disobeys or fails to comply with any rule or regulation applying to him;
(24) in any other way offends against good order and discipline;
(25) attempt to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit any of the foregoing offences.
Governor’s awards39.–(1) The governor may, subject to rules 40 and 41 one or more of the following awards for an offence against prison discipline-
(a) caution;
(b)loss of remission for a period not exceeding 28 days;
(c) stoppage of earnings for a period not exceeding 28 days;
(d) stoppage of any or all privileges other than earnings, for a period not exceeding 28 days or 90 days in the case of evening association;
(e) exclusion from associated work for a period not exceeding 14 days;
(f) cellular confinement for a period not exceeding 3 days.
(2) A prisoner found guilty of an offence against discipline under rule 38(14) may, in addition to or in lieu of an award of stoppage of earnings under paragraph (1)(c), be required to pay a sum out of earnings thereafter made by him.
(3) Such a sum shall not exceed 10 times the amount of the prisoner’s earnings for the week in which the offence was committed, and the rate of deduction from earnings shall not exceed one half of the prisoner’s earnings in any one week.
(4) If a prisoner is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively, but in the case of forfeiture of remission of sentence the total period forfeited shall not exceed 28 days and in the case of cellular confinement the total period shall not exceed 14 days.
40.–(1) Where a prisoner is charged with an offence under rule 38 paragraph (1), (2), (3), (6), or (8) or any other offence under rule 38 for which in the view of the Governor it may be appropriate to award a more serious punishment than is provided for in rule 39, the Governor, unless he dismisses the charge, may refer the charge to the Secretary of State.
(2) The Secretary of State shall thereupon inquire into the charge and, if he is satisfied that the offence has been committed, may make one or more of the following awards-
(a) Caution;
(b) Loss of remission for a period not exceeding 90 days;
(c) Stoppage of earnings for a period not exceeding 56 days;
(d) Stoppage of all or any privileges other than earnings, for a period not exceeding 90 days or 180 days in the case of evening association;
(e) Exclusion from associated work for a period not exceeding 14 days;
(f) Cellular confinement for a period not exceeding 56 days.
(3) Where a prisoner is found guilty of an offence under rule 38 (14) the provisions of rule 39 (2) and (3) will apply.
(4) The Secretary of State may delegate his powers under this rule to the Board of Visitors or to a panel appointed from all the Boards of Visitors for the purpose of hearing charges in any particular case.
Provisions in relation to particular awards41.–(1) An award of stoppage of earnings may, instead of forfeiting all a prisoner’s earnings for a specified period not exceeding 28 days, or as the case may be 56 days, be expressed so as to forfeit a proportion (not being less than one half) of his earnings for a specified period not exceeding a correspondingly greater number of days.
(2) No award of cellular confinement shall be given effect unless the medical officer has certified that the prisoner is in a fit state of health to undergo it.
(3) The governor shall visit every prisoner undergoing cellular confinement at least once a day, and an appropriate officer shall visit such a prisoner at intervals of not more than 3 hours during the day.
Prospective loss of remission42.–(1) In the case of an offence against prison discipline committed by a prisoner who is detained only on remand or to await trial or sentence, an award of loss of remission may be made as provided in rule 39 and 40 notwithstanding that the prisoner has not (or had not at the time of the offence) been sentenced to imprisonment or ordered to be detained in a young offenders centre.
(2) An award under paragraph (1) shall have effect only where the sentence of imprisonment or term of detention in a young offenders centre being imposed is reduced by section 26(2) of the Treatment of Offenders Act (Northern Ireland) 1968 by a period which includes the time when the offence against discipline was committed.
(3) As regards a person detained in a young offenders centre, no award under this rule shall have effect to the extent, if any, that the award made was more severe than could, at the time it was made, have been made under the rules applying to the centre.
Suspended awards43.–(1) Subject to any directions by the Secretary of State, the power to make a disciplinary award (other than a caution) shall include power to direct that the award is not to take effect unless, during a period specified in the direction (not being more than 6 months from the date of the direction), the prisoner commits another offence against discipline and a direction is given under paragraph (2).
(2) Where a prisoner commits an offence against prison discipline during the period specified in a direction given under paragraph (1) the authority dealing with that offence may-
(a) direct that the suspended award shall take effect; or
(b) reduce the period or amount of the suspended award and direct that it shall take effect as so reduced; or
(c)vary the original direction by substituting for the period specified therein a period expiring not later than 6 months from the period of variation; or
(d)give no direction in respect of the suspended award.
Remission and mitigation of awards44.–(1) The Secretary of State may quash any finding of guilt or remit any punishment or mitigate it.
(2) Subject to any directions of the Secretary of State, the governor may remit or mitigate any punishment imposed by a governor and the board of visitors may remit or mitigate any punishment imposed by a board of visitors.
(3) In this rule mitigate means reducing the punishment or substituting another punishment which is, in the opinion of the Secretary of State or the governor or, as the case may be, the board of visitors, less severe.
Petition against awards45.–(1) A prisoner may petition the Secretary of State in respect of an award made by a governor or by the board of visitors.
(2) A petition will only be permitted under this section where it alleges that -
(a) the facts established did not justify a finding of guilt;
(b) the governor or board of visitors misapplied the prison rules or failed to follow the principles of natural justice;
(c) the award was more severe than was merited by the findings; or
(d) any combination of the above.
(3) The petition will be considered on its merits and a response in writing sent to the prisoner as soon as possible.
(4) Where a petition is upheld any of the remedies provided for under rule 44(1) may be applied as appropriate.
Use of force
46.–(1) Any officer in dealing with a prisoner shall not use force nnecessarily.
(2) If force is necessary no more force should be used than is necessary in the circumstances prevailing.
(3)If force is used, for whatever reason, the officer or officers concerned shall report details to the governor as soon as possible.
Temporary confinement47.–(1) For the purpose of preventing disturbance, damage or injury, a refractory or violent prisoner may be temporarily confined in a special cell or protected room approved for the purpose by the Secretary of State; but a prisoner shall not be confined in such a cell as a punishment or after he has ceased to be refractory or violent.
(2) The governor shall inform the medical officer of the intended removal of any prisoner to a special cell or protected room, but where this is not possible the medical officer shall be informed as soon as possible thereafter.
(3) Notwithstanding the provisions of paragraph (1) and (2) the medical officer may, for the purpose of preventing a prisoner from causing injury to himself or to others, order that he may be temporarily confined in a protected room and to be confined there for as long as the medical officer considers necessary.
(4) The governor, the Secretary of State and a member of the board of visitors shall be informed of any prisoner who is so confined.
(5) Every prisoner who is temporarily confined in a special cell or protected room shall be visited at least once a day by the governor and by the medical officer.
(6) Every prisoner so confined shall be observed at least once every 15 minutes by an officer and a record shall be kept of such observations.
Restraints48.–(1) Where it is necessary to prevent a prisoner from injuring himself or others, damaging property, or creating a disturbance, the governor may order him to be put under restraint.
(2) Notice of such an order shall be given without delay to a member of the board of visitors, the medical officer and to the Secretary of State.
(3) On receipt of the notice the medical officer shall inform the governor whether he concurs with the order and the governor shall give effect to any recommendation that the medical officer may make.
(4) Except as provided by this rule no prisoner shall be put under restraint otherwise than for their safe custody during transfer or on medical grounds by order of the medical officer.
(5) No prisoner shall be put under restraint as a punishment.
(6) No prisoner shall be kept under restraint longer than is necessary.
(7) A governor may only order that a prisoner be kept under restraint for more than 24 hours with the agreement of both the medical officer and a member of the board of visitors.
(8) Where anauthorisationis given under paragraph (7) it shall be reviewed daily by the governor and the medical officer.
(9) Every prisoner who is under restraint shall be observed at intervals of not more than 15 minutes by an officer and a record shall be kept of such observations.
(10) The governor shall record the particulars of every case of restraint.
(11) Any means of restraint shall be of a patternauthorisedby the Secretary of State and shall in such manner and under such conditions as he may direct.
General control of admission to the prison49.–(1) No person may enter the prison without the governor’s permission, unless he is entitled to do so.
(2) Any person entering or leaving the prison may be stopped, examined and, with their consent, searched.
(3) Such person shall be searched only by officers of the same sex as that person.
(4) Any person who does not consent to being searched may be denied access to the prison.
(5) The governor may direct the removal from the prison of any person who does not leave on being required to do so.
(6) Under this rule a search of person may include a search of any item in that person’s possession or of a vehicle.
Visitors viewing the prison
50.–(1) No outside person shall be permitted to view a prison unlessauthorisedto do so by statute or by the Secretary of State.
(2) No person viewing the prison shall beauthorisedto make a sketch, or take a photograph or make a film or sound recording or communicate with a prisoner unlessauthorisedto do so by statute or by the Secretary of State.
(3) In paragraph (2) “film” includes any record however made of a sequence of visual images which is capable of being used as a means of showing that sequence as a moving picture.
PART V
WORK, EDUCATION AND RECREATION
Work
51.–(1) Work of a useful nature or other purposeful activities shall be provided to keep prisoners actively employed during their normal day.
(2) Any prisoner may be required to work by the governor unless excused by the medical officer on medical grounds.
(3) No prisoner shall be employed on any class of work unless the medical officer has certified him as fit for that class of work.
(4) No prisoner may be required to work for more than 8 hours in any day and any prisoner engaged in a regular pattern of work shall have at least one rest day a week.
(5) As far as practicable, work shall be provided outside the cells and in association with other prisoners.
(6) No prisoner shall be employed except on work of an appropriate natureauthorisedby the Secretary of State.
(7) Except with the authority of the Secretary of State, no prisoner shall be employed in the service of any other prisoner or of any officer or for the private benefit of any person.
(8) Prisoners who are recorded as members of a religious denomination under rule 57 shall not be required to work unnecessarily on their days of religious observance.
(9) For the purpose of these rules “work” includes employment in the ordinary service of the prison, in prison occupational services and participation in vocational training.
(10) The Secretary of State may make arrangements for prisoners to earn money for work carried out under this rule.
Education52.–(1) Every prisoner who expresses interest in participating in education shall be permitted to do so to the extent practicable; special attention shall be paid to prisoners with problems of illiteracy or innumeracy.
(2)Programmesof educational classes covering as wide a range of subjects as practicable shall be arranged at every prison.
(3) As far as practicable, reasonable facilities should also be made available to prisoners who wish to improve their education by correspondence courses or private study.
(4) Where a prisoner is engaged in education during a period in which he could otherwise have worked he shall be allowed earnings in accordance with rule 51(10) of these rules.
(5) As soon as possible after his reception or following his transfer to another prison, every prisoner shall be informed of the educational facilities which are available.
(6) Where a prisoner’s educational activities are interrupted by his transfer to another prison or for any other reason, every effort shall be made to assist him to continue with them.
Handicrafts and hobbies53.As far as practical reasonable facilities shall be allowed to prisoners who wish to practice handicrafts or other hobbies.
Libraries54.–(1) A library shall be provided in every prison and every prisoner shall be allowed to have books or other items borrowed from the library, and to exchange them, under such conditions as the governor or the Secretary of State may determine.
(2) As far as practicable, and subject to the requirements of security, control and good order, prisoners shall be allowed to go to the library and to choose their books and other items there.
Exercise and association55.–(1) Every prisoner shall be given the opportunity of association for not less than one hour each day which may be taken as exercise in the open air, weather permitting.
(2) Where on any day a prisoner participates in exercise consisting of sport or physical training indoors, or is engaged in outside work the requirement that association be taken as exercise in paragraph (1) shall not apply.
(3) The medical officer shall decide upon the fitness of every prisoner for exercise, sport and physical training and may excuse a prisoner from, or modify, any such activity on medical grounds.
(4) Where necessary, special arrangements shall be made, in consultation with the medical officer, for remedial physical education or therapy.
PART VI
RELIGION
General
56.All prisoners shall be allowed to practice their religion to the extent compatible with good order and discipline.
Religious denominations57.–(1) On reception each prisoner shall be required to state his religious denomination, if any, and the governor shall record the denomination so stated.
(2) A prisoner may change his recorded religious denomination with the agreement of the governor.
Chaplains58.–(1) A chaplain in carrying out his duties shall support the governor.
(2) A chaplain shall be subject to the rules and regulations of the prison.
Duties of chaplains59.–(1) A chaplain shall interview individually every prisoner who is recorded as belonging to his denomination and is willing to be interviewed –
(a) as soon as possible after his reception;
(b) from time to time as often as practicable during his imprisonment; and
(c) a short time before his discharge.
(2) A chaplain shall give such religious instruction as may be practicable to any prisoner of his denomination wishing it.
(3) A chaplain shall conduct divine service for prisoners of his denomination at such times as may be arranged.
(4) A chaplain shall, as often as possible, visit all prisoners of his denomination who are sick, under restraint, or confined to a cell.
(5) A chaplain shall, if no other arrangements are made, read the burial service at the funeral of any prisoner of his denomination who dies in the prison.
(6) The Secretary of State may require a chaplain to report to him on the carrying out of any of his duties as a chaplain.
Substitute for chaplain60.–(1) A person or persons, not exceeding 3 in number, approved by the Secretary of State, may act for the chaplain in his absence, and any such person or persons shall be subject to the rules and regulations of the prison in like manner as a chaplain.
(2) Any person or persons approved by the Secretary of State may assist the chaplain in the carrying out of religious services or in such duties as may be approved.
(3) The Secretary of State may withdraw any such approval so granted.
Visits by chaplains of other denominations61.–(1) As far as practicable access to a chaplain of any religious denomination shall not be refused to any prisoner.
(2) Any request by a prisoner to see a chaplain of a denomination other than that of his recorded denomination shall be passed to the chaplain concerned and unless the prisoner requests otherwise, the chaplain of the prisoner’s denomination shall also be informed.
(3) If a prisoner objects to the visit of any religious representative, he shall not be compelled to receive the visit.
Visits by other ministers62.–(1) Where a prisoner belongs to a denomination for which no chaplain has been appointed the governor shall do what he reasonably can, if so requested by the prisoner, to arrange for him to be visited regularly by a minister of that denomination.
(2) Without prejudice to paragraph (1), any other request by a prisoner to see a minister of any denomination may be permitted at the governor’s discretion and unless the prisoner requests otherwise, the chaplain of the prisoner’s denomination shall be informed.
(3) Any minister as referred to in paragraphs (1) and (2) shall be subject to the rules and regulations that apply to visitors to a prison.
Privacy63.Any interview under this part shall be accorded a degree of privacy appropriate to its nature and purpose.
Religious books64.–(1) Every prisoner shall be allowed to have a Bible or other appropriate religious book approved by his denomination.
(2) There shall, as far as reasonably practicable, be available for every prisoner’s personal use such other religious books as his denominationrecognises.
(3) So far as is practicable, every prisoner shall be allowed to satisfy the needs of his religious, spiritual and moral life by having in his possession any other necessary books or other appropriate material not provided under paragraphs (1) and (2).
PART VII
SOCIAL RELATIONS AND COMMUNICATIONS
Family relationships, welfare and after-care
65.–(1) Special attention shall be paid to the maintenance of relationships between a prisoner and his family.
(2) Prisoners shall be encouraged and assisted to establish and maintain such relations with persons and agencies outside prison as may, in the opinion of the governor, best promote the interests of his family and his own social rehabilitation.
(3) From the beginning of a prisoner’s sentence consideration shall be given, in consultation with all appropriate persons and agencies, to the prisoner’s future and any practical assistance which he can be given on and after his release.
(4) The governor shall ensure that any officer with responsibility for prisoner’s welfare is provided with appropriate facilities to carry out his duties.
Current affairs66.–(1) Prisoners shall be allowed to keep themselves informed of current affairs by such means as may be permitted by the governor.
(2) A prisoner may receive newspapers and periodicals subject to any restrictions imposed by the governor.
Communications67.–(1) The Secretary of State may, with a view to securing discipline and good order or the prevention of crime or in the interests of any persons, impose restrictions, either generally or in a particular case, on the communications to be permitted between a prisoner and other persons.
(2) The governor may at any time, having regard to circumstances obtaining or expected to obtain in the prison, suspend all or any visits for such period as the Secretary of State.
(3) Except as provided by statute or in these rules, a prisoner shall not be permitted to communicate with any outside person, or that person with him, without the authority of the Secretary of State.
(4) Except as provided in these Rules, every letter or communication to or from a prisoner may be read or examined by the governor who may, at his discretion, stop any such letter or communication on any of the grounds that it is not permitted under paragraph (1) or that it may undermine the security of the prison.
(5) Every visit to a prisoner shall take place within the sight of an officer, unless the Secretary of State otherwise directs.
(6) Except as provided by these rules, every visit to a prisoner shall take place within the hearing of an officer, unless the Secretary of State otherwise directs.
(7) The Secretary of State may give directions, generally or in relation to any visit or class of visits, concerning the days and times when a prisoner may be visited and the duration of such visits.
(8) Visits shall not take place on a Sunday except with the permission of the Secretary of State.
(9) Except with the governor’s authority, not more than three persons shall be allowed to visit a prisoner at one time.
Personal letters and visits68.–(1) A prisoner shall be entitled to send and receive a letter on his reception to prison.
(2) A prisoner is entitled to send and receive one letter each week, but the Secretary of State may as a privilege allow additional letters to be sent and received by any class of prisoners.
(3) A prisoner is entitled to a visit once in a period of 4 weeks, but the Secretary of State may as a privilege allow additional visits to any class of prisoner.
(4) The governor may allow additional letters or visits in any particular case.
(5) The governor may allow a prisoner entitled to a visit to send and receive a letter instead.
(6) The governor may defer the right of a prisoner to a visit until the expiration of any period of cellular confinement.
(7) Save in exceptional circumstances visits under this rule shall be of at least 30 minutes duration.
(8) A prisoner shall not be entitled under this rule to receive a visit from any person other than a relative or friend, except with the leave of the governor or the Secretary of State.
(9) Any letter or visit under the succeeding provisions of these rules shall not be counted as a letter or visit for the purposes of this rule.
Police interviews69.–(1) A police officer may, on production of an order issued by or on behalf of the Chief Constable of the Royal Ulster Constabulary, interview any prisoner.
(2) An interview under this rule shall take place in the sight and, if the governor directs, the hearing of a prison officer.
Securing release70.–(1) A person detained in prison in default of finding a surety, or of payment of a sum of money, may communicate with, and be visited at any reasonable time on a weekday by any relative or friend to arrange for a surety or payment in order to ensure his release from prison.
(2) Every prisoner detained as specified in paragraph (1) shall be told of this rule on his reception.
Legal advisers71.–(1) Reasonable facilities shall be allowed for the legal adviser of a prisoner who is party to legal proceedings, civil or criminal, to interview the prisoner in connection with those proceedings in the sight but not in the hearing of an officer.
(2) A prisoner’s legal adviser may, with the Secretary of State’s permission, interview the prisoner in connection with any other legal business in the sight but not in the hearing of an officer.
Correspondence in connection with legal matters72.–(1) A prisoner who is a party to any legal proceedings may correspond with his legal adviser or any court, national or international, in connection with those proceedings.
(2) A prisoner may correspond with a solicitor for the purpose of obtaining legal advice concerning any matter in relation to which he may become a party to legal proceedings or for the purpose of instructing the solicitor to issue proceedings, or to allow him to conduct any legal business.
(3) A prisoner shall on request be provided with any writing materials necessary for the purpose of paragraph (1).
(4) No letter to which this rule applies shall be opened by the governor unless he has reason to believe that it contains matter not related to actual or potential legal proceedings or other legal business.
(5) Subject to any directions given in the particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of a prisoner to whom paragraph (1) applies shall be afforded reasonable facilities for examining him in connection with the proceedings and may do so out of hearing but in the sight of an officer.
Control of visitors to prisoners73.–(1) The governor may require the name and address of any visitor to a prisoner and may require the visitor to be searched.
(2) Any search under this rule requires the consent of the visitor and if the visitor does not consent the governor may refuse the visitor admission.
(3) Where the governor denies admission to any visitor he shall record his reasons for doing so.
(4) No search of a visitor shall be made in the presence of any prisoner or other visitor or by, or in the presence of, an officer of the other sex.
(5) If there are reasonable grounds for suspecting that anyone visiting a prisoner is bringing in or taking out any article for an improper purpose, or contrary to the rules and regulations of the prison, or that his conduct may tend to subvert discipline or good order, the governor may suspend his visit and remove him for the prison.
(6) Where a visit is suspended under paragraph (3) the fact shall be recorded and reported to the Secretary of State.
(7) A copy of the law regarding the introduction of prohibited articles into the prison shall be displayed in the visiting area and, before the prisoner is brought into that area, the visitor’s attention shall be drawn to it.
PART VIII
PRISONERS’ REQUESTS AND COMPLAINTS
General
74.–(1) A prisoner may make any request or complaint relating to his imprisonment to an officer, a governor, a member of the board of visitors or an officer of the Secretary of State visiting the prison.
(2) Any such request or complaint shall be recorded by the person to whom it is made and shall be reported as soon as possible to the governor.
(3) A prisoner may make a request or complaint orally or in writing.
(4) Every request and complaint shall be considered, and a reply given, as soon as possible.
(5) If a prisoner wishes to make a request or complaint relating to an incident or event he should do so at an appropriate time.
Requests to see the governor75.On every day other than at weekends or public holidays the governor shall hear any request made to him under rule 74 above.
Requests to see a member of the board of visitors76.On the occasion of each visit to the prison by a member of the board of visitors, the governor shall inform him of all outstanding requests by prisoners to see a member of the board.
Requests to see an officer of the Secretary of State77.On the occasion of each visit to the prison by an officer of the Secretary of State the governor shall inform such an officer of all outstanding requests by prisoners to see him.
Complaints made in confidence78.–(1) A prisoner may make a written complaint in confidence to the governing governor or to the chairman of the board of visitors; such complaints shall be delivered to the recipient as soon as possible.
(2) A prisoner who makes a complaint under this rule shall be informed that if his complaint involves any prison officer or other staff, it may be necessary to make the complaint known to those persons so that it can be fully investigated.
Petitions to the Secretary of State79.–(1) A prisoner may petition the Secretary of State about any matter relating to his imprisonment.
(2) Petitions to the Secretary of State shall be dispatched by the governor as soon as possible with any relevant information to assist the Secretary of State in considering the petition.
(3) A prisoner may make a petition to the Secretary of State in a sealed envelop.
(4) A petition sent under paragraph (3) shall be forwarded unopened unless the governor has reason to believe that other material is enclosed; the petition itself shall not be read at the prison before it is forwarded.
(5) A prisoner who intends to send a petition under paragraph (3) shall be informed that if it involves the governor, any prison officer or other member of staff, it is likely to be necessary to make the contents known to those persons so that it can be investigated.
(6) The Secretary of State may pass a petition received under this rule to a governor of a prison if it relates to a matter under his authority and in such a case theovernorwill investigate and reply to the petition.
PART IX
PHYSICAL WELFARE
Medical provision80.At every prison a separate building or a suitable part of the prison shall be equipped, furnished and staffed in a way appropriate to the medical care and treatment of sick prisoners.
Hygiene81.–(1) Every prisoner shall be allowed adequate access to sanitation facilities and water for health and cleanliness and will be provided with an appropriate range of toilet articles, which shall be replaced as necessary.
(2) Every prisoner shall be required to keep himself clean by washing at proper times and by having a hot bath or shower at least once a week unless excused by the governor or medical officer.
(3) Every male prisoner may be required to shave as necessary for health and cleanliness.
(4) A prisoner’s hair shall not be cut without his consent unless the medical officer considers it necessary for the sake of health and cleanliness.
(5) A governor may require that a prisoner cover or restrain his hair at such times as are necessary for the protection of health and hygiene.
(6) Every prisoner shall keep his cell, utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged.
Food82.–(1) Every prisoner shall be provided with sufficient food which is wholesome, nutritious, palatable, adequately presented and well prepared and which takes into account age, health, and work and, as far as practicable, religious or cultural requirements.
(2) Unless the governor or the medical officer directs, no prisoner shall be allowed to have any food other than that ordinarily provided.
(3) A prisoner who wishes to complain about the food supplied to him must make the complaint as soon as possible after he has received the food; any such complaint shall be properly considered by the governor and, where appropriate, action to remedy the complaint shall be taken as soon as possible.
(4) The governor shall ensure that the condition, quality and quantity of food, both before and after it is cooked and at the point of delivery, and the conditions under which it is prepared, are inspected frequently and that appropriate action is taken as soon as possible where any shortcoming is discovered.
(5) The medical officer shall satisfy himself that the nature, quality and quantity of food is appropriate to prisoners’ health.
(6) A member of the board of visitors shall, on behalf of the board, inspect the preparation and delivery of prisoners’ food and its palatability at frequent intervals.
(7) In this rule “food” includes drink.
Alcohol, drugs and tobacco83.–(1) A prisoner shall not be given or allowed to have any intoxicating liquor or drug except under a written order of the medical officer specifying the nature and quantity and the name of the prisoner for whose use it is ordered.
(2) A prisoner shall not be allowed to smoke or have in his possession any tobacco except in accordance with such orders as may be given by the governor.
Clothing84.–(1) A prisoner shall wear clothing adequate for warmth and health in accordance with a scale approved by the Secretary of State (including any special clothing which the governor considers is required for any particular work or activity), and shall be provided with such clothing except to the extent that he provides his own clothing under paragraph (3).
(2) All clothing shall be clean and be kept in proper condition; facilities shall be available for items to be changed as often as is necessary for the maintenance of health and hygiene.
(3) A prisoner may provide his own clothing except to the extent that-
(a) his own clothing is required for the purposes of justice; or
(b) his own clothing is prohibited under paragraph (4); or
(c) the governor considers that special clothing is required for any particular work or activity.
(4) The governor may prohibit clothing of any particular description or any particular item of clothing if he considers that the wearing of that clothing or item would be prejudicial to security, good order or discipline.
(5) Where such clothing as is provided under paragraph (1) is worn by a prisoner who is required to be taken in custody to court, it shall be such as does not indicate that he is a prisoner.
Medical officer
85.–(1) The medical officer of a prison shall be responsible for the general care of prisoners’ health.
(2) In the absence of the medical officer, his duties shall be performed by a registered medical practitioner approved by the chief medical officer and the Secretary of State.
(3) Arrangements shall be made at every prison to ensure that at all times a registered medical officer is either present at the prison or is able to attend the prison without delay in cases of urgency.
Duties of a medical officer86.–(1) The medical officer shall uphold the rules and regulations of the prison and shall support the governor.
(2) The medical officer shall report to the chief medical officer on, and inform the governor of, anything in the prison or the treatment of prisoners which appears to him to require consideration on medical grounds.
(3) The medical officer shall advise the governor on the hygiene of the prisoners, including the suitability and cleanliness of their clothing and bedding, and on the hygiene of the prison generally so far as he is able to do so.
(4) The medical officer shall every day see those prisoners who complain of illness and shall report to the governor in writing on their fitness for work.
(5) The medical officer shall be told at once if a prisoner appears to be seriously ill, and shall ensure that the prisoner is attended as soon as possible.
(6) Where a prisoner is thought to be a possible suicide risk by a governor, officer or other person employed in the prison they shall inform the medical officer and he shall consider whether any medical treatment is necessary.
(7) The medical officer shall give written directions for separating from other prisoners any prisoner whose health makes such separation advisable in his own interest or that of other prisoners.
(8) The medical officer shall at least once every day visit every prisoner under restraint, confined to a room or in cellular confinement, or any other prisoner to whom his attention is specifically directed.
(9) The medical officer shall not apply any painful tests to a prisoner for the purpose of detecting malingering or for any other purpose except with the permission of the board of visitors.
Medical records and statistics87.–(1) The medical officer shall record the condition of every sick prisoner, the nature of his disease, the medicines and the diet provided and any other treatment which he may order.
(2) The medical officer shall keep such statistical records and provide such statistical returns as the Secretary of State may direct relevant to his duties as a medical officer.
(3) The medical report shall, as soon as possible after 31stMarch in each year, submit a report to the Secretary of State concerning such matters relative to his duties during the year as the Secretary of State may direct.
Special medical reports88.–(1) When the medical officer believes that a prisoner’s health is likely to be injuriously affected by continued imprisonment, or any conditions of imprisonment, he shall report the circumstances to the governor and to the chief medical officer for the information of the Secretary of State.
(2) The medical officer shall pay special attention to any prisoner whose mental condition appears to require it and where appropriate make any special arrangements which appear necessary for his supervision or care.
(3) The medical officer shall inform the governor and the chief medical officer if he suspects that any prisoner is dangerously ill or has suicidal intentions, and the prisoner shall be placed under special observation.
(4) The medical officer may, with the approval of the chief medical officer, call another member of the medical profession or a member of an associated profession into consultation.
Operations89.Except in urgent circumstances no major surgical procedures shall be performed in the prison.
PART X
WOMEN PRISONERS
Custody90.–(1) Women prisoners shall be held in separate accommodation.
(2) Prisoners of both sexes may participate together in work, education or other approved activities subject to the approval of the governor.
(3) Nothing in this rule shall unnecessarily deprive prisoners of the benefits of association with other persons.
Regimes91.–(1) In the provision of work, education, recreation, or privileges the governor may provide a different regime for women prisoners from that available to male prisoners.
(2) This rule does not permit any discrimination which would be unlawful but for the fact it took place in a prison.
Pregnancy, confinement and babies92.–(1) Where a female prisoner is pregnant on committal and her confinement is expected to take place before the end of her sentence, she shall, if possible, be temporarily removed from the prison to a suitable hospital for the confinement and for any period following delivery which the medical officer considers necessary.
(2) The Secretary of State shall be notified of any such impending confinement and may thereupon direct removal of the prisoner under such conditions, if any, as he thinks fit.
(3) The Secretary of State may, subject to any conditions he thinks fit, permit a female prisoner to have her baby with her in prison and everything necessary for the baby’s maintenance and care may be provided there.
PART XI
PERSONS ORDERED TO BE DETAINED IN A YOUNG OFFENDERS CENTRE
Modifications to these rules
93.The following words shall be substituted in Rule 2 and throughout Parts I to X and XII to XVI of these rules as they apply to those required to be detained in a young offenders centre-
(a) ‘inmate’ for ‘prisoner’;
(b) ‘centre’ for ‘prison’;
(c) ‘visiting committee’ for ‘board of visitors’
(d) ‘confinement to room’ for ‘cellular confinement’
Initial transfer to centre94.–(1) Where a person has been ordered to be detained in a centre he may be kept in custody in a prison other than a centre until arrangements can be made for his transfer to a centre.
(2) An inmate shall not be kept in prison under this rule for longer than 72 hours.
(3) While in custody in such a prison an inmate shall, so far as possible, be kept separate from other prisoners, but an inmate may associate with prisoners for work, education and exercise and for other purposes if otherwise he would be deprived of the benefits of association.
Disciplinary awards95.–(1) Rules 39(1) and 40 (2) shall not apply to inmates of a young offenders centre.
(2) The governor may, subject to rules 40 and 41, make one or more of the following awards for an offence against discipline –
(a) caution;
(b) loss of remission for a period not exceeding 14 days;
(c) stoppage of earnings for a period not exceeding 14 days;
(d) stoppage of any or all privileges other than earnings, for a period not exceeding 28 days or 60 days in the case of evening association;
(e) exclusion from associated work for a period not exceeding 14 days;
(f) confinement to room for a period not exceeding 3 days.
Rule 95 (3) was revoked under The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2000.
(4) Subject to paragraph (5), where a person ordered to be detained in a young offenders centre is kept in custody in a prison under rule 94, any disciplinary award made under these rules in respect of any offence against discipline committed by him while in prison custody shall have effect as if made under this rule to the extent (if any) that the award has not been exhausted at the time of such transfer.
(5) No award shall have effect by virtue of paragraph (4) to the extent, if any, that the award made was more severe than could, at the time it was made, have been made under this rule.
Recreation96.–(1) Rule 55 shall not apply to inmates of a young offenders centre.
(2) Subject to paragraph (3) inmates shall regularly be given such physical recreation, training and exercise as are required to promote health and physical wellbeing.
(3) The medical officer may, on medical grounds, modify physical recreation, training or exercise or exempt an inmate from any or all of these.
PART XII
UNTRIED PRISONERS
General97.This part shall apply to any person (in these rules referred to as “an untried prisoner”) committed to prison for safe custody in any of the following circumstances
(a) on his committal for trial for any indictable offence;
(b) pending the preliminary investigation or inquiry into an indictable offence by a magistrates’ court or pending the hearing of a complaint;
(c) awaiting sentence or pending inquiries after a conviction; or
(d) being held in lawful custody other than on conviction or where rule 107 applies.
(2) The treatment of untried prisoners shall be such as to recognize not only the governor’s duty to ensure the course of justice but also their status as persons who have not been convicted of any offence.
Photographing and measuring98.An untried prisoner shall not be photographed or measured while in prison except with the authority of the Secretary of State.
Separation from other prisoners99.–(1) Untried prisoners shall be kept out of contact with other prisoners as far as this can reasonably be done.
(2) Nothing in this rule shall require a prisoner to be deprived unduly of the society of other persons.
Legal assistance100.–(1) An untried prisoner shall receive –
(a)all possible assistance with any application which he may wish to make to be released on bail; and
(b)all possible assistance and facilities to enable him to exercise his legal rights in connection with his trial.
(2) A confidential written communication prepared as instructions for the legal adviser of an untried prisoner may be delivered with seal unbroken to a messengerauthorised, in writing, by the legal adviser to receive it, unless the governor has reason to suppose that it contains matter not relating to such instructions.
Contacts with relatives and others101.–(1) An untried prisoner shall be assisted in maintaining close links with his relatives and friends, and in continuing as far as possible to deal with matters relating to employment, housing, and any legitimate business.
(2) To this end he may send and receive as many letters and may receive as many visits as he wishes within such limits and subject to such conditions as the Secretary of State may direct, either generally or in a particular case.
(3) Subject to paragraph (2) and rule 97(2) , an untried prisoner shall be treated as any other prisoner for the purpose of receiving letters and visits.
Accommodation and hygiene102.–(1) An untried prisoner shall if possible be accommodated in a single cell, but if he expresses a wish to share a cell his preference shall be taken into account.
(2) An untried prisoner shall if possible have daily access to a bath or shower, opportunities for frequent changes of clothes, and be provided with the necessary means to keep his cell clean.
Daily activities103.–(1) Subject to proper requirements of safe custody and good order untried prisoners shall be unlocked each day for such period as the governor or the Secretary of State may direct; different periods may apply in different prisons and to different prisoners or classes of prisoners.
(2) Untried prisoners shall if possible have the option of eating in association or in their cells.
(3) Untried prisoners shall not be required to work, but shall have reasonable opportunities for access to purposeful activities including education and library books.
(4) An untried prisoner may, at the discretion of the governor, have supplied to him at his own expense books, newspapers, writing materials and other means of occupation.
(5) Where an untried prisoner works at his own request, he shall be allowed earnings under arrangements made in accordance with rule 51 (10) of these rules.
Application of prisoners’ money104.–(1) Any money which an untried prisoner has at a prison may be applied to the purpose of making special provision for him in cases where the prisoner is, by these rules, required to make any payment in respect of such provision.
(2) An untried prisoner may spend as much private cash as he wishes to purchase items which he is allowed to have in his possession.
Appearance and health105.–(1) An untried prisoner shall, so far as is practical, maintain his external appearance as on committal and shall shave or be shaved as necessary for this purpose.
(2) Notwithstanding the provisions of paragraph (1), the medical officer may direct that an untried prisoner’s hair be cut for the sake of health and cleanliness.
(3) If an untried prisoner desires the attendance of a registered medical practitioner or dentist, and will pay any expense incurred, the governor shall, if he is satisfied that there are reasonable grounds for the request and unless the Secretary of State otherwise directs, allow him to be visited and treated by that practitioner or dentist in consultation with the medical officer.
Property106.–(1) The governor may, on the application of an untried prisoner, allow him, so far as is consistent with security and the good order of the prison, to have in his cell any articles which were in his possession at the time of arrest and are not required for the purposes of justice or reasonably suspected of forming part of property improperly acquired by him.
(2) No article, whether of clothing or any kind, shall be received into prison for an untried prisoner until it has been examined; any article which appears likely to be used for an improper purpose may be refused by the governor.
(3) An article may also be refused by the governor if it is not of an essential nature and if its addition to the items which the prisoner already has in his possession would make the prisoner’s cell unduly cluttered or unreasonably difficult to search.
(4) An untried prisoner shall not sell or transfer to any other person any article allowed to be introduced for his use; and any prisoner offending against this rule may be prohibited from procuring any such article for such a period as the Secretary of State considers proper.
PART XIII
PRISONERS COMMITTED FOR CONTEMPT, ETC
Letters and visits107.Rules 100 and 101 shall have effect in relation to a prisoner committed or attached for contempt of court, or for failing to do so or abstain from doing anything required to be done or left undone, as it has effect in relation to an untried prisoner.
Association108.Such prisoners shall be treated as a separate class for the purposes of rule 9 but prisoners may be permitted to associate with any other class of prisoners if they are willing to do so.
Remission109.A person detained in a prison for a stated term of more than 5 days on committal or attachment for contempt of court shall, for the purposes of rule 30, be treated as serving a sentence of imprisonment for a like term.
PART XIV
GENERAL RULES RELATING TO OFFICERS
General duties of officers
110.–(1) Every officer shall conform to these rules and whatever rules and regulations may be in force in the prison and shall assist and support the governor in maintaining them.
(2) Every officer shall perform his duties conscientiously and shall be courteous towards other officers, staff and members of the public.
(3) An officer shall obey the lawful instructions of the governor.
(4) An officer shall inform the governor promptly of any breach of these rules or any abuse or impropriety which comes to his knowledge.
Contact with prisoners111.–(1) An officer shall ensure that in his dealings with prisoners that he is courteous and that his conduct is correct and proper at all times.
(2) An officer shall inform the governor promptly of any prisoner who appears to be unwell, or whosebehaviouror attitude indicates, in the opinion of the officer, that he may be suicidal or otherwise require further attention or advice.
(3) Except with the permission of the governor, an officer shall not discuss his duties or any matter of discipline or prison arrangements within the hearing of a prisoner.
(4) No officer shall take part in any business or pecuniary transaction with, or on behalf of, a prisoner without the permission of the Secretary of State.
(5) Except with the permission of the governor, no officer shall bring in or take out, or attempt to bring in or take out, or knowingly allow to be brought in or taken out, to or for a prisoner, or deposit in any place with intent that it shall come into the possession of a prisoner, any article whatsoever.
Contact with ex-prisoners112.–(1) If a former prisoner or relative or friend of a prisoner or former prisoner communicates or attempts to communicate with an officer the officer shall inform the governor.
(2) No officer shall communicate with a former prisoner or a relative or friend of a former prisoner without the permission of the governor.
Gratuities113.–(1) An officer shall not receive anyunauthorisedfee, gratuity or other consideration in connection with his office.
(2) If an officer is offered a fee, gratuity or any consideration by any person he will inform the governor.
Contracts114.Except with the permission of the Secretary of State, an officer shall not, directly or indirectly, have any interest in any contract or tender connected with the prison or receive a fee, gratuity or any other consideration from any contractor, or from any person tendering, or any other person whatever in connection with any such contract or tender.
Communications to press, etc.
115.–(1) Except with the permission of the Secretary of State, an officer shall not directly or indirectly communicate to a representative of the press, television or radio or any other person matters which he has come to know in the course of his official duties.
(2) An officer shall not, without the permission of the Secretary of State, publish any matter or make any public pronouncement relating to the administration of any prison or to any of its prisoners.
PART XV
SPECIAL RULES RELATING TO GOVERNORS
Status of governor
116.–(1) The governor shall be in command of the prison.
(2) The governor shall be responsible for the safe custody of all prisoners until they are discharged from his custody by the expiration of their sentence or by order of a court or by Royal Warrant or by order of the Secretary of State.
(3) The governor shall be responsible for prisoners’ treatment according to law, for the safeguarding of their rights and for the maintenance of discipline in the prison.
(4) Subject to any direction from the Secretary of State, the governor shall have authority over all officers and employees on the staff of the prison.
(5) The governor shall ensure the safe custody and proper disposal or use of all monies, equipment and materials in the prison and shall keep whatever records and accounts are required by direction of the Secretary of State.
Delegation by governor117.–(1) In a prison where a deputy governor has been appointed the deputy governor shall, in the presence of the governor, act for him.
(2) Subject to paragraph (1), the prison shall in the governor’s absence be in the charge of an officer approved by the Secretary of State, and the officer so approved shall, at such a time, be competent to perform and shall perform any duty required of the governor.
(3) Subject to the Act and to the provisions of Part IV of these rules and any directions by the Secretary of State, the governor may delegate to another officer any of his functions under these rules.
Powers and duties relating to officers118.–(1) The governor shall superintend the conduct of the officers under his authority.
(2) The governor may suspend an officer if there is prima facie evidence of misconduct and shall, without delay, report the matter fully to the Secretary of State and shall carry out any directions given by the Secretary of State.
(3) The governor shall deal with offences against discipline as empowered by the Secretary of State under any code of conduct made under rule 6.
(4) The governor shall record all his orders relating to the management and discipline of the prison and shall have such orders communicated to the proper officers.
(5) The governor shall keep such records of officers’ conduct as the Secretary of State may determine.
(6) The governor shall forward without delay any report or complaint which an officer wishes to make to the Secretary of State and may add any reports he feels appropriate.
(7) The governor shall –
(a)make available, as he considers appropriate to all officers and other staff circulars from the Secretary of State and other documents relating to their duties, rights and responsibilities including any code of conduct made under rule 6; and
(b)also ensure that such officers and staff have adequate opportunity to acquaint themselves with the contents of those documents.
Duties in relation to medical officer119.Without prejudice to his other duties under these rules the governor shall–
(a)without delay draw the attention of the medical officer to any prisoner whose physical or mental condition appears to require attention.
(b)at once notify the medical officer of any prisoner who is sick or any officer who is in need of urgent medical attention;
(c)provide the medical officer daily with a list of prisoners who have reported sick;
(d)provide the medical officer with a list of prisoners under punishment or confined in special cells;
(e)support the medical officer in his care of prisoner’s health and to this end give as full effect as is practicable to recommendations by the medical officer.
Duties in relation to medical welfare of prisoners and to inquests120.–(1) The governor shall, without delay, report to the Secretary of State –
(a)any case in which the medical officer believes that a prisoner’s mental state is becoming impaired by continued imprisonment;
(b)any case in which the medical officer believes that a prisoner’s life will be endangered by further imprisonment, or that a prisoner will not survive his sentence or is totally or permanently unfit for the discipline of the prison.
(2) The governor shall ensure that proper arrangements are made for the safe custody of sick prisoners and shall visit the prison hospital daily to see all prisoners who have been admitted there.
(3) The governor shall inform the appropriate chaplain when a prisoner recorded as of his denomination as dangerously ill, and shall allow such a prisoner to see any minister of religion whom the prisoner wishes to see.
(4) The governor shall satisfy himself that all officers and other staff who may be in contact with prisoners are aware of the proper procedures for seeking to identify, and for dealing with prisoners who for whatever reason may be regarded as suicide risks, and in consultation with the medical officer ensure as far as possible that these procedures operate effectively.
(5) The governor shall supply to the coroner holding an inquest on a prisoner who has died while in his custody the name of any prisoner who claims to be able and willing to give relevant evidence.
(6) The governor shall attend any inquest held following the death of a prisoner in his custody, or arrange for an appropriate officer to do so, and shall report to the Secretary of State on the findings of the inquest.
Other duties of governor121.–(1) The governor shall keep a journal in which he shall record, with the time thereof, any matter or occurrences of a significant or unusual nature.
(2) The governor shall provide such statistical or other information as the Secretary of State may direct, whether for the purpose of an annual report required by section 5 of the Act or otherwise.
(3) The provisions of rules 112, 113 and 114 shall have effect in relation to governors as well as to other officers.
PART XVI
POWERS AND DUTIES OF BOARDS OF VISITORS
Appointment of members122.–(1) The members of a board of visitors appointed under section 10 of the Act shall hold office for a period of 3 years, or such less period as the Secretary of State may direct.
(2) Any person interested in any contract for the supply of goods or services to a prison shall not be a member of the board of visitors for that prison.
(3) The Secretary of State may terminate the appointment of a member if he is satisfied that –
(a) he has failed to perform his duties satisfactorily;
(b) he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties; or
(c) he has been convicted of a criminal offence, or his conduct has been such, that is not fitting that he should remain a member.
(4) The first business at the first meeting of a board of visitors after appointment shall be the election of a chairman.
(5) The chairman of a board of visitors may be elected for the whole term of office of the board, or, at the discretion of the board, he may be elected annually.
(6) The board may elect, for such a term of office as it decides, a deputy chairman who shall preside at any meeting at which the chairman is not present.
(7) The members shall continue in office until the date of the first meeting of their successors.
Proceedings of boards123.–(1) The board shall meet at the prison once a month to discharge its functions under these rules.
(2) The quorum at a meeting of the board shall be 3 except as provided under rule 125 (3).
(3) The powers of the board shall not be affected by vacancies in its membership or any defect in the appointment of a member.
(4) The board shall keep minutes of its proceedings and a copy of the minutes shall be sent to the Secretary of State as soon as is practicable after any meeting.
(5) At each meeting of the board arotashall be arranged to ensure that the prison is visited by at least two visitors before the board’s next meeting; these arrangements shall be made in such a way as to ensure that all parts of the prison are visited at reasonable intervals.
(6) A member visiting a prison shall report on his visit to the board.
General duties of boards124.–(1) The board of visitors for a prison shall satisfy itself as to –
(a)the treatment of prisoners including provision for their health care and other welfare while in prison;
(b)the facilities available to prisoners to allow them to make purposeful use of their time; and
(c) the cleanliness and adequacy of prison premises.
(2) The board shall enquire into and report upon any matter which the Secretary of State refers to it.
(3) The board shall direct the attention of the governor to any matter which it considers calls for his attention, and shall report to the Secretary of State any matter which it considers should be reported to him.
(4) The board shall inform the Secretary of State immediately of any abuse which comes to its knowledge in connection with the prison.
(5) In the exercise of any of its powers a board shall satisfy itself, in consultation with the governor, that the exercise of power will not –
(a) undermine the security and good order of the prison;
(b) prejudice the efficient operation of the prison; or
(c) prevent the proper treatment of prisoners.
Adjudication procedure by boards125.–(1) The board shall inquire into any alleged offence against discipline where the Secretary of State has delegated to it his powers under rule 40.
(2) The board shall record in its minutes each such case and the award made and shall report thereon to the Secretary of State.
(3) The powers of the board under this rule shall be exercised at a special meeting consisting of not less than 2 members or more than 5 members.
Visits by board members126.–(1) Members of the board shall have free access at any time to all parts of the prison to which they are appointed, and to all prisoners and may interview any prisoner out of sight and hearing of prison staff.
(2) In exercising their rights under this rule members shall take into consideration the matters referred to in rule 123(5).
(3) The governor shall allow the board reasonable access to any of the records of the prison, but this shall not entitle the board to see records which the governor must keep secret under a duty of confidentiality.
Annual report127.The board shall, as soon as possible after 31stMarch in any year, report to the Secretary of State on all or any of their year’s duties under these rules together with any advice or suggestions they may wish to make.
SCHEDULE
Rule 5
Prisons
Belfast
Maghaberry
Magilligan
Maze