Prison (Amendment) Rules 1995

JurisdictionUK Non-devolved
CitationSI 1995/983

1995 No. 983

PRISONS

The Prison (Amendment) Rules 1995

Made 1st April 1995

Laid before Parliament 4th April 1995

Coming into force 25th April 1995

In exercise of the powers conferred upon me by section 47 of the Prison Act 19521, I hereby make the following Rules:

S-1 These Rules may be cited as the Prison (Amendment) Rules 1995...

1. These Rules may be cited as the Prison (Amendment) Rules 1995 and shall come into force on 25th April 1995.

S-2 The Prison Rules 1964 shall have effect subject to the...

2. The Prison Rules 19642shall have effect subject to the amendments set out in the Schedule to these Rules.

S-3 Without prejudice to the operation of the Interpretation Act...

3.—(1) Without prejudice to the operation of the Interpretation Act 19783, where, prior to the coming into force of these Rules, a prisoner has been temporarily released under rule 6 of the Prison Rules 1964 as then in force and is still at large at the moment these Rules come into force, he shall be deemed, after the coming into force of these Rules, to have been released under rule 6 of the Prison Rules 1964 as substituted by paragraph 2 of the Schedule to these Rules, notwithstanding the fact (if it be the case) that he would not have qualified for release under rule 6 as so substituted.

(2) Without prejudice to the operation of the Interpretation Act 1978, references in the following provisions of the Prison Rules 1964, however expressed, to rule 6 of those Rules shall be construed as including a reference to rule 6 of those Rules as in force prior to the coming into force of these Rules: rules 6(5)(b) and (6) (as substituted by these Rules) and 47(8).

S-4 Paragraphs 3 and 4 of the Schedule shall not apply in relation...

4. Paragraphs 3 and 4 of the Schedule shall not apply in relation to offences against discipline committed before the coming into force of these Rules.

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Home Office

1st April 1995

SCHEDULE

Rule 2

AMENDMENTS TO THE PRISON RULES 1964

SCH-1.1

1. In rule 3 (classification of prisoners), the following paragraph shall be substituted for paragraph (2):

SCH-1.2

“2 Unconvicted prisoners:

(a) shall be kept out of contact with convicted prisoners as far as the governor considers this can reasonably be done, unless and to the extent that they have consented to share residential accommodation or participate in any activity with convicted prisoners; and (b) shall under no circumstances be required to share a cell with a convicted prisoner.”.

SCH-1.2

2. For rule 6 (temporary release) there shall be substituted the following rule:

SCH-1.6

Temporary release

6.—(1) The Secretary of State may, in accordance with the other provisions of this rule, release temporarily a prisoner to whom this rule applies.

(2) A prisoner may be released under this rule for any period or periods and subject to any conditions.

(3) A prisoner 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 prison;

(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 prison;

(f)

(f) to assist any police officer in any enquiries;

(g)

(g) to facilitate the prisoner’s transfer between prisons;

(h)

(h) to assist him in maintaining family ties or in his transition from prison life to freedom; or

(i)

(i) to enable him to make a visit in the locality of the prison, as a reward for good behaviour or performance.

(4) A prisoner shall not be released under this rule...

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