Young Offender Institution Rules 2000
| Year | 2000 |
2000 No. 3371
YOUNG OFFENDER INSTITUTIONS, ENGLAND AND WALES
The Young Offender Institution Rules 2000
Made 21th December 2000
Laid before Parliament 5th January 2001
Coming into force 1st April 2001
In pursuance of section 47 of the Prison Act 19521I hereby make the following Rules:
PART I
Preliminary
Citation and commencement
1. (a) These Rules may be cited as the Young Offender Institution Rules 2000 and shall come into force on 1st April 2001.
(b) The Rules set out in the Schedule to this Order are hereby revoked.
Interpretation
2.—(1) In these Rules, where the context so admits, the expression-
“communication” includes any written or drawn communication from an inmate to any other person, whether intended to be transmitted by means of a postal service or not, and any communication from an inmate to any other person transmitted by means of a telecommunications system;
“compulsory school age” has the same meaning as in the Education Act 19962;
“controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 19713;
“governor” includes an officer for the time being in charge of a young offender institution;
“inmate” means a person who is required to be detained in a young offender institution;
“intercepted material” means the contents of any communication intercepted pursuant to these Rules;
“legal adviser” means, in relation to an inmate, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;
“minister appointed to a young offender institution” means a minister so appointed under section 10 of the Prison Act 1952;
“officer” means an officer of a young offender institution;
“short-term prisoner” and “long-term prisoner” have the meanings assigned to them by section 33(5) of the Criminal Justice Act 19914, as extended by sections 43(1) and 45(1) of that Act;
“telecommunications system” means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.
(2) In these Rules a reference to—
(a)
(a) an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991;
(b)
(b) the Church of England includes a reference to the Church of Wales; and
(c)
(c) a reference to a numbered rule is, unless otherwise stated, a reference to the rule of that number in these Rules and a reference to a numbered paragraph is in a rule, unless otherwise stated, a reference to the paragraph of that number in that rule.
PART II
Inmates
General
Aims and general principles of young offender institutions
3.—(1) The aim of a young offender institution shall be to help offenders to prepare for their return to the outside community.
(2) The aim mentioned in paragraph (1) shall be achieved, in particular, by—
(a)
(a) providing a programme of activities, including education, training and work designed to assist offenders to acquire or develop personal responsibility, self-discipline, physical fitness, interests and skills and to obtain suitable employment after release;
(b)
(b) fostering links between the offender and the outside community; and
(c)
(c) co-operating with the services responsible for the offender’s supervision after release.
Classification of inmates
4. Inmates may be classified, in accordance with any directions of the Secretary of State, taking into account their ages, characters and circumstances.
Release
Temporary release
5.—(1) The Secretary of State may, in accordance with the other provisions of this rule, release temporarily an inmate to whom this rule applies.
(2) An inmate may be released under this rule for any period or periods and subject to any conditions.
(3) An inmate may only be released under this rule:
(a)
(a) on compassionate grounds or for the purpose of receiving medical treatment;
(b)
(b) to engage in employment or voluntary work;
(c)
(c) to receive instruction or training which cannot reasonably be provided in the young offender institution;
(d)
(d) to enable him to participate in any proceedings before any court, tribunal or inquiry;
(e)
(e) to enable him to consult with his legal adviser in circumstances where it is not reasonably practicable for the consultation to take place in the young offender institution;
(f)
(f) to assist any police officer in any enquiries;
(g)
(g) to facilitate the inmate’s transfer between the young offender institution and another penal establishment;
(h)
(h) to assist him in maintaining family ties or in his transition from life in the young offender institution to freedom; or
(i)
(i) to enable him to make a visit in the locality of the young offender institution, as a privilege under rule 6.
(4) An inmate shall not be released under this rule unless the Secretary of State is satisfied that there would not be an unacceptable risk of his committing offences whilst released or otherwise of his failing to comply with any condition upon which he is released.
(5) Where at any time an offender is subject concurrently:
(a)
(a) to a detention and training order; and
(b)
(b) to a sentence of detention in a young offender institution,
he shall be treated for the purposes of paragraphs (6) and (7) as if he were subject only to the one of them that was imposed on the later occasion.
(6) The Secretary of State shall not release under this rule an inmate if, having regard to:
(a)
(a) the period or proportion of his sentence which the inmate has served or, in a case where paragraph (10) does not apply to require all the sentences he is serving to be treated as a single term, the period or proportion of any such sentence he has served; and
(b)
(b) the frequency with which the inmate has been granted temporary release under this rule,
the Secretary of State is of the opinion that the release of the inmate would be likely to undermine public confidence in the administration of justice.
(7) If an inmate has been temporarily released under this rule during the relevant period and has been sentenced to any period of detention, custody or imprisonment for a criminal offence committed whilst at large following that release, he shall not be released under this rule unless his release, having regard to the circumstances of his conviction, would not, in the opinion of the Secretary of State, be likely to undermine public confidence in the administration of justice; and for this purpose “the relevant period”:
(a)
(a) in the case of an inmate serving a determinate sentence of imprisonment, detention or custody, is the period he has served in respect of that sentence, unless, notwithstanding paragraph (10), the sentences he is serving do not fall to be treated as a single term, in which case it is the period since he was last released in relation to one of those sentences under Part II of the Criminal Justice Act 1991 (“the 1991 Act”) or section 100 of the Powers of the Criminal Courts (Sentencing) Act 20005(“the 2000 Act”); or
(b)
(b) in the case of an inmate serving an indeterminate sentence of imprisonment, detention or custody, is, if the inmate has previously been released on licence under Part II of the 1991 Act or Part II of the Crime (Sentences) Act 1997, the period since the date of his last recall to a penal establishment in respect of that sentence or, where the inmate has not been so released, the period he has served in respect of that sentence,
save that where an inmate falls within both of sub-paragraphs (a) and (b) above, the “relevant period”, in the case of that inmate, shall be determined by whichever of the applicable sub-paragraphs that produces the longer period.
(8) An inmate released under this rule may be recalled at any time whether the conditions of his release have been broken or not.
(9) This rule applies to inmates other than persons committed in custody for trial or to be sentenced or otherwise dealt with before or by the Crown Court or remanded in custody by any court.
(10) For the purposes of any reference in this rule to an inmate’s sentence, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if they would fall to be treated as a single term for the purposes of any reference to the term of imprisonment, detention or custody to which a person has been sentenced in Part II of the 1991 Act or to the term of a detention and training order in sections 100 to 103 of the 2000 Act.
(11) In this rule, any reference to release on licence under Part II of the 1991 Act includes any release on licence under any earlier legislation providing for early release on licence.
Conditions
Privileges
6.—(1) There shall be established at every young offender institution systems of privileges approved by the Secretary of State and appropriate to the classes of inmates thereof and their ages, characters and circumstances, which shall include arrangements under which money earned by inmates may be spent by them within the young offender institution.
(2) Systems of privileges approved under paragraph (1) may include arrangements under which inmates may be allowed time outside the cells and in association with one another, in excess of the minimum time which, subject to the other provisions of these Rules apart from this rule, is otherwise allowed to inmates at the young offender institution for this purpose.
(3) Systems of privileges approved under paragraph (1) may include arrangements under which privileges may be granted to inmates only in so far as they have met, and for so long as they continue to meet, specified standards in their behaviour and their performance in work or other activities.
(4)...
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