The Prison and Young Offenders Centre (Amendment) Rules (Northern Ireland) 2009

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

These Rules amend the Prison and Young Offenders Centre Rules (Northern Ireland) 1995 (“the principal rules”). The Rules come into operation on 1st February 2010.

Rule 3 amends rule 4 (interpretation) of the principal rules.

Rules 4, 5, 6, 7, 8, 9, 10 11, 12, 18, 20, 21, 23, 24, 46, 47, 48, 49, 51, 52, 53, 54, 55, 56, 58, 59, 60 and 61 make changes in relation to the health care aspects of the principal rules as a result of health care becoming the responsibility of the Department of Health, Social Services and Public Safety.

Rule 13 amends rule 32 (restriction of association) of the principal rules which governs the restriction of the association of a prisoner. The amendments mean that association can be restricted to ensure the safety of officers, prisoners and any other person and that when association is so restricted the prisoner can be housed in a cell equipped to aid the retrieval of any unauthorised or prohibited article. Rule 32 (2) is amended to enable association to be restricted for up to 72 hours without the agreement of the Secretary of State.

Rule 14 corrects a drafting error in rule 36 (7) (inquiry into charge).

Rule 15 creates 3 new offences against prison discipline arising from the introduction of compulsory testing for alcohol and controlled drugs.

Rule 16 amends rule 39(4) (governor’s awards) of the principal rules to remove the reference to loss of remission as the power of a prison governor to award loss of remission was revoked as it was incompatible with Article 6 of the European Convention on Human Rights.

Rule 17 introduces defences to the new offences created by rule 15.

Rule 19 revokes rule 45 (petition against awards) of the principal rules to remove the right of a prisoner to petition the Secretary of State in respect of an award made by a governor.

Rule 22 inserts new rules 48B and 48C which establish the procedure which is to apply when a prison officer requires a prisoner to provide a sample under section 19A or 19B of the Prison Act (Northern Ireland) 1953 for testing for alcohol or controlled drugs.

Rule 25 enables prisoners' communications to be intercepted by authorised employees, as well as by prison officers.

Rule 26 enables interviews of prisoners to be conducted by the Serious Organised Crime Agency, Her Majesty’s Revenue and Customs and the Security Service.

Rule 27 enables the Governor of a prison, rather than the Secretary of State, to control visitors to prisons.

Rule 28 amends rule 75 (complaints by prisoners: subject matter of complaints) to exclude health from the matters in respect of which a prisoner may complain.

Rules 29 to 35 amend rules 76 to 79C (complaints by prisoners) and omit rule 78 to change the three-tier complaints system to a two-tier system.

Rule 36 excludes health from the matters in respect of which a former prisoner may complain.

Rule 37 substitutes a definition of “the appropriate person” in rule 79F (complaints by former prisoners: procedure).

Rule 39 introduces a complaints system for visitors.

Rules 40 to 45 amend rules 79I to 79N which deal with complaints to the Prisoner Ombudsman for Northern Ireland. Rule 41(2) excludes health from the matters in respect of which a complaint can be made to the Ombudsman. Health care complaints are now the responsibility of the Northern Ireland Commissioner for Complaints.

Rule 49 amends rule 83 (alcohol, drugs and tobacco) to prohibit a prisoner being given or having prescription only medicine without a prescription.