Prison Rules 1964

JurisdictionUK Non-devolved
CitationSI 1964/388
Year1964

1964 No. 388

PRISONS

ENGLAND AND WALES

The Prison Rules 1964

11thMarch 1964

25thMarch 1964

ARRANGEMENT OF RULES

PART 1

PRISONERS

General

Rule

1. Purpose of prison training and treatment.

2. Maintenance of order and discipline.

3. Classification of prisoners.

4. Privileges.

5. Remission of sentence.

6. Temporary release.

7. Information to prisoners.

8. Applications.

9. Women prisoners.

Religion

10. Religious denomination.

11. Special duties of chaplains and prison ministers.

12. Regular visits by ministers of religion.

13. Religious services.

14. Substitute for chaplain or prison minister.

15. Sunday work.

16. Religious books.

Medical attention, &c.

17. Medical attendance.

18. Special illnesses and conditions.

19. Notification of illness or death.

Physical welfare and work

20. Clothing.

21. Food.

22. Alcohol and tobacco.

23. Sleeping accommodation.

24. Beds and bedding.

25. Special accommodation.

26. Hygiene.

27. Daily exercise.

28. Work.

Education and social welfare

29. Education.

30. Library books.

31. Outside contacts.

32. After-care.

Letters and visits

33. Letters and visits generally.

34. Personal letters and visits.

35. Police interviews.

36. Securing release.

37. Legal advisers.

Removal, record and property

38. Custody outside prison.

39. Search.

40. Record and photograph.

41. Prisoners' property.

42. Money and articles received by post.

Special control and restraint

43. Removal from association.

44. Use of force.

45. Temporary confinement.

46. Restraints.

Offences against discipline

47. Offences against discipline.

48. Disciplinary charges.

49. Rights of prisoners charged.

50. Governor's awards.

51. Graver offences.

52. Especially grave offences.

53. Infliction of corporal punishment.

54. Medical certificate.

55. Restricted diet.

56. Remission and mitigation of awards.

Appellants

57. Application.

58. Visiting.

59. Medical examination.

60. Letters and facilities.

61. Pay for work done.

Other particular classes

62. Prisoners awaiting trial or sentence, &c.

63. Prisoners committed for contempt, &c.

64. Prisoners convicted of sedition, &c.

Corrective training

65. Class of prison.

66. Release on licence.

Preventive detention

67. Stages of preventive detention.

68. Removal to the second stage.

69. Return to the first stage.

70. Release on licence.

71. Prisoners recalled from licence.

Prisoners under sentence of death

72. Application of foregoing Rules.

73. Search.

74. Confinement.

75. Visits.

76. Correspondence.

PART II

OFFICERS OF PRISONS

77. General duty of officers.

78. Gratuities forbidden.

79. Search of officers.

80. Transactions with prisoners.

81. Contact with former prisoners, &c.

82. Communications to the press, &c.

83. Quarters.

84. Code of discipline.

PART III

PERSONS HAVING ACCESS TO A PRISON

85. Prohibited articles.

86. Control of persons and vehicles.

87. Viewing of prisons.

PART IV

VISITING COMMITTEES AND BOARDS OF VISITORS

88. Disqualification for membership.

89. Visiting committee.

90. Appointment of members of visiting committee.

91. First meeting of visiting committee.

92. Board of visitors.

93. Proceedings of committees and boards.

94. General duties of committees and boards.

95. Particular duties.

96. Members visiting prisons.

97. Annual report.

PART V

SUPPLEMENTAL

98. Delegation by governor.

99. Interpretation.

100. Revocations and savings.

101. Citation and commencement.

In pursuance of section 47 of the Prison Act 1952(a), as amended by sections 23(2) and 41(1) of, and Schedule 4 to, the Criminal Justice Act 1961 (b), I hereby make the following Rules:—

PART I

PRISONERS

General

Purpose of prison training and treatment

1. The purpose of the training and treatment of convicted prisoners shall be to encourage and assist them to lead a good and useful life.

Maintenance of order and discipline

2.—(1) Order and discipline shall be maintained with firmness, but with no more restriction than is required for safe custody and well ordered community life.

(2) In the control of prisoners, officers shall seek to influence them through their own example and leadership, and to enlist their willing co-operation.

(3) At all times the treatment of prisoners shall be such as to encourage their self-respect and a sense of personal responsibility, but a prisoner shall not be employed in any disciplinary capacity.

Classification of prisoners

3.—(1) Prisoners shall be classified, in accordance with any directions of the Secretary of State, having regard to their age, temperament and record and with a view to maintaining good order and facilitating training and, in the case of convicted prisoners, of furthering the purpose of their training and treatment as provided by Rule 1 of these Rules.

(2) Unconvicted prisoners shall be kept out of contact with convicted prisoners as far as this can reasonably be done.

(3) Nothing in this Rule shall require a prisoner to be deprived unduly of the society of other persons.

Privileges

4. There shall be established at every prison systems of privileges approved by the Secretary of State and appropriate to the classes of prisoners there, which shall include arrangements under which money earned by prisoners in prison may be spent by them within the prison.

Remission of sentence

5.—(1) A prisoner serving a sentence of imprisonment for a term of more than one month may, on the ground of his industry and good conduct, be granted remission in accordance with the provisions of this Rule:

Provided that nothing in this Rule shall authorise the reduction of the term which the prisoner is serving to less than 31 days.

(2) Remission granted under this Rule shall not exceed one-third of the aggregate of the following periods, that is to say:—

(a) the term which the prisoner is serving; and

(a) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 52.

(b) 9 & 10 Eliz. 2. c. 39.

(b) the period, if any, by which the term imposed by the sentence of the court is treated as reduced under section 17(2) of the Criminal Justice Administration Act 1962(a) by reason of the prisoner having been in custody after conviction awaiting sentence.

(3) For the purposes of this Rule—

(a) a person committed to prison in default of payment of a sum adjudged to be paid by a conviction shall be treated as serving a sentence of imprisonment; and

(b) consecutive terms of imprisonment shall be treated as one term.

(4) This Rule shall have effect subject to any disciplinary award of forfeiture of remission, and shall not apply—

(a) to a prisoner serving a sentence on conviction of sedition, seditious conspiracy or seditious libel, except in respect of any period during which he works as if he were an ordinary convicted prisoner; or

(b) to a prisoner serving a sentence of imprisonment for life.

Temporary release

6.—(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 engage in employment, to receive instruction or training or to assist him in his transition from prison life to freedom.

(3) A prisoner released under this Rule may be recalled to prison at any tune whether the conditions of his release have been broken or not.

(4) This Rule applies to prisoners other than persons committed in custody for trial or to be sentenced or otherwise dealt with at or by assizes or quarter sessions, or remanded in custody by any court.

Information to prisoners

7.—(1) Every prisoner shall be provided, in his cell or room, with information in writing about those provisions of these Rules and other matters which it is necessary that he should know, including earnings and privileges, and the proper method of making complaints and of petitioning the Secretary of State.

(2) The governor, or an officer deputed by him, shall ensure that every prisoner has as soon as possible after his reception into prison, and in any case within 24 hours, read the information so provided or, in the case of a prisoner who cannot read or has difficulty in understanding, had it so explained to him that he can understand his rights and duties.

Applications

8.—(1) Every request by a prisoner to see the governor, a visiting officer of the Secretary of State or a member of the visiting committee or board of visitors shall be recorded by the officer to whom it is made and promptly passed on to the governor.

(2) On every day, other than a Sunday or public holiday, the governor shall hear the applications of prisoners who have asked to see him.

(a) 10 & 11 Eliz. 2. c. 15.

(3) Where a prisoner has asked to see any other such person as aforesaid, the governor shall ensure that that person is told of the request on his next visit to the prison.

Women prisoners

9.—(1) Women prisoners shall be kept entirely separate from male prisoners.

(2) In a prison used for both men and women prisoners that part of the prison used for women shall be in the charge of a woman officer; it shall be entirely separate from the other part and shall be secured by different locks, of which the keys shall be under the exclusive control of women officers.

(3) The Secretary of State may, subject to any conditions he thinks fit, permit a woman prisoner to have her baby with her in prison, and everything necessary for the baby's maintenance and care may be provided there.

Religion

Religious denomination

10.—(1) A prisoner shall be treated as being of the religious denomination stated in the record made in pursuance of section 10(5) of the Prison Act 1952.

(2) A prisoner may apply to the visiting committee or board of visitors to have that record amended, and the committee or board may give directions accordingly upon being satisfied that the application is made in good faith.

Special duties of chaplains and prison ministers

11.—(1) The chaplain or prison minister of a prison shall—

(a) interview every prisoner of his denomination individually soon after the prisoner's reception into that prison and shortly before...

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