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The Secretary of State, in pursuance of section 47 of the Prison Act 1952[1] and section 7 of the Criminal Justice and Public Order Act 1994[2], hereby makes the following Rules:
Citation and commencement 1.
These Rules may be cited as the Secure Training Centre Rules 1998 and shall come into force on 16th April 1998.
Interpretation 2.
In these Rules unless the contrary intention appears the expression:
"centre" means a secure training centre;
"compulsory school age" has the meaning assigned to it in section 580 of the Education Act 1996[3];
"governor" includes an officer for the time being in charge of a centre;
"independent person" means a person appointed under rule 44 to visit centres and to whom representations may be made by trainees;
"legal adviser" means, in relation to a trainee, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;
"officer" means an officer of a centre; and
"trainee" means a person detained in a centre.
Statement of purpose 3.
- (1) The aims of a centre shall be -
(a) to accommodate trainees in a safe environment within secure conditions; and
(b) to help trainees prepare for their return to the outside community.
(2) The aim mentioned in paragraph (1)(b) above shall be achieved, in particular, by -
(a) providing a positive regime offering high standards of education and training;
(b) establishing a programme designed to tackle the offending behaviour of each trainee and to assist in his development;
(c) fostering links between the trainee and the outside community; and
(d) co-operating with the services responsible for the trainee's supervision after release.
(3) A statement of the aims mentioned in paragraph (1) above and how they are to be achieved shall be prepared and displayed in each centre and shall be made available on request -
(a) to trainees;
(b) to any person visiting the centre; and
(c) to any person inspecting the centre.
Classification 4.
Trainees may be classified, in accordance with any direction of the Secretary of State, taking into account their ages, characters and circumstances.
Temporary release 5.
- (1) A trainee may be temporarily released for any period or periods and subject to any conditions.
(2) A trainee released under this rule may be recalled at any time whether any conditions of his release have been broken or not.
Privileges 6.
- (1) There shall be established at every centre systems of privileges, incentives and sanctions approved by the Secretary of State and appropriate to the classes of trainees and their ages, characters and circumstances.
(2) Records shall be kept in writing of any privileges or incentives earned and sanctions awarded.
Information to trainees 7.
- (1) Every trainee shall be provided, as soon as possible after his reception into the centre and in any case within 24 hours, with information in writing about those provisions of these Rules and other matters which it is necessary that he should know, including privileges, incentives and sanctions, contact with members of his family or independent persons and the proper method of using the grievance procedure.
(2) The governor, or an officer deputed by him, shall so explain the information so provided that he can understand his rights and obligations.
(3) A copy of these Rules shall be made available to any trainee, or to any parent of a trainee, who requests it.
Grievance procedure 8.
- (1) There shall be established and administered at each centre a comprehensive grievance procedure, approved by the Secretary of State, to which each trainee and his parent shall have access.
(2) Every request by a trainee to see the governor or an independent person shall be recorded by the officer to whom it is made and promptly passed on to the governor.
(3) On every day, the governor shall hear any requests to see him that are made under paragraph (2) above.
(4) Where a trainee has asked to see an independent person, the governor shall ensure that that person is told of the request as soon as possible.
(5) A written request or complaint under the grievance procedure established under this rule may be made in confidence.
Visits generally 9.
- (1) There shall be established at every centre arrangements, approved by the Secretary of State, for trainees to receive visits.
(2) Arrangements established under paragraph (1) above shall take account of -
(a) the importance of contact by a trainee with his family, and
(b) the need to keep to a minimum any disruption of his education and training.
(3) Subject to the provisions of these Rules, the governor may give such directions as he thinks fit for the supervision of visits to trainees, either generally or in a particular case:
Provided that such directions shall be designed to secure that supervision is not unnecessarily intrusive.
Letters generally 10.
- (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, upon the communications to be permitted between a trainee and other persons.
(2) Except as provided by statute or these Rules, a trainee shall not be permitted to communicate with any outside person, or that person with him, without the leave of the Secretary of State.
(3) Except as provided by these Rules, every letter or communication to or from a trainee may be read or examined by the governor or any officer deputed by him and the governor may, at his discretion, stop any communication on the ground that its contents are objectionable or of inordinate length.
Personal letters, telephone calls and visits 11.
- (1) A trainee shall be entitled -
(a) to send three letters a week, the cost of which shall be met by the centre; and
(b) to receive a visit once a week.
(2) Subject to the provisions of these Rules a trainee shall in addition to his entitlement under paragraph (1) above be entitled to send any number of letters at his own expense, to receive any number of letters, to make and receive any number of telephone calls at his own expense and to receive visits.
(3) The normal duration of a visit to which a trainee is entitled by virtue of paragraph (1)(b) above shall be one hour.
Police interviews 12.
A police officer may, on production of an order issued by or on behalf of a chief officer of police, interview any trainee willing to see him.
Legal advisers 13.
- (1) The legal adviser of a trainee in any legal proceedings, civil or criminal, to which the trainee is a party shall be afforded reasonable facilities for interviewing him in connection with those proceedings and may do so out of hearing of an officer.
(2) A trainee's legal adviser may, with the leave of the Secretary of State, interview the trainee in connection with any other legal business.
Correspondence with legal advisers and courts 14.
- (1) A trainee may correspond with his legal adviser and any court and such correspondence may only be opened, read or stopped by the governor in accordance with the provisions of this rule.
(2) Correspondence to which this rule applies may be opened if the governor has reasonable cause to believe that it contains an illicit enclosure and any such enclosure shall be dealt with in accordance with the other provisions of these Rules.
(3) Correspondence to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger security in the centre or the safety of others or are otherwise of a criminal nature.
(4) A trainee shall be given the opportunity to be present when any correspondence to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.
(5) A trainee shall on request be provided with any writing materials necessary for the purposes of paragraph (1) of this rule.
(6) In this rule, "court" includes the European Commission of Human Rights, the European Court of Human Rights and the European Court of Justice; and "illicit enclosure" includes any article possession of which has not been authorised in accordance with the other provisions of these Rules and any correspondence to or from a person other than the trainee concerned, his legal adviser or a court.
Clothing 15.
- (1) Subject to the following provisions of this rule, a trainee shall be permitted to wear his own clothes at all times.
(2) The governor may refuse permission for a trainee to wear his own clothing if he considers that it is unsuitable but if he does so he shall inform the trainee of the reason for his decision.
(3) Suitable clothing shall be provided by the centre which is adequate for warmth and health -
(a) if a trainee is not able, or does not wish, to provide his own clothing;
(b) if the governor has refused permission for a trainee to wear his own clothing under paragraph (2) above; or
(c) for the purposes of participation in an activity for which the clothing provided by the trainee is unsuitable.
Food 16.
- (1) The governor shall ensure that trainees are provided with food, in adequate quantities for their needs, which is properly prepared, wholesome and nutritious.
(2) So far as practicable the governor shall ensure that meals are provided three times a day at regular intervals and that at each main meal there is a choice for each course, one of which shall be hot at one of those meals.
(3) The governor shall ensure that any special dietary need of a trainee, which is due to his health, religious persuasion, racial origin or cultural background, is met.
(4) The medical officer shall regularly inspect the food both before and after it is cooked, and shall report any deficiency or defect to the governor.
(5) In this rule, "food" includes drink.
Alcohol and tobacco 17.
- (1) Intoxicating liquor shall not be permitted in any part of the centre or its grounds.
(2) No trainee shall be allowed to smoke or to have any tobacco or tobacco products in his possession.
(3) Smoking shall not be permitted in any part of the centre or its grounds except in a designated smoking room set aside for use only by officers or other members of staff or visitors to the centre.
Accommodation 18.
- (1) Every trainee shall be provided with his own room.
(2) No room shall be used as sleeping accommodation for a trainee unless it has been approved by the Secretary of State as fit for the purpose.
(3) Male and female trainees shall be accommodated in separate sleeping accommodation and shall be provided with separate toilet and bathing facilities.
Beds and bedding 19.
Every trainee shall be provided with a separate bed and with separate bedding adequate for warmth and health.
Hygiene 20.
- (1) Every trainee shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.
(2) Every trainee shall be entitled to have a hot bath or shower once a day.
(3) A trainee's hair shall not be cut without his consent except where the medical officer directs that it is necessary for health or cleanliness.
Library books 21.
A library shall be provided in every centre and, subject to any directions of the Secretary of State, every trainee shall be allowed to have library books appropriate to his age and to exchange them.
Medical attendance 22.
- (1) The medical officer of a centre shall have the care of the health, mental and physical, of the trainees in that centre.
(2) Every request by a trainee to see the medical officer or other member of the healthcare staff shall be recorded by the officer to whom it is made and promptly passed on to the medical officer or, as the case may be, other member of healthcare staff.
(3) The medical officer may call another medical practitioner in consultation at his discretion and shall do so if time permits before performing any serious operation.
(4) Subject to directions given in any particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of a trainee who is a party to any legal proceedings 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 of the same sex as the trainee.
Self-harm and suicide assessment 23.
- (1) Every trainee shall, as soon as possible after his reception into the centre and in any case within 24 hours, be interviewed by a social worker and by a member of the healthcare staff with a view to assessing whether and, if so, the extent to which he has suicidal intentions or a propensity to harm himself.
(2) A written assessment of the trainee shall be prepared as soon as practicable after such an interview has concluded.
(3) The assessment prepared under paragraph (2) above shall be reviewed at regular intervals throughout the period of the trainee's detention in the centre and each trainee shall be monitored by a social worker or member of healthcare staff for that purpose.
Special illnesses and conditions 24.
- (1) The medical officer shall report to the governor on the case of any trainee whose health is likely to be injuriously affected by continued detention or any conditions of detention. The governor shall send the report to the Secretary of State without delay together with his own recommendations.
(2) The medical officer shall pay special attention to any trainee whose mental condition appears to require it, and make any special arrangements which appear necessary for his supervision or care.
(3) The medical officer shall inform the governor immediately if he suspects any trainee of having suicidal intentions or a propensity to harm himself, and the trainee shall be placed under special observation.
Notification of illness or death 25.
- (1) If a trainee dies or becomes seriously ill, sustains any serious injury or is removed to hospital on account of mental disorder, the governor shall at once inform the trainee's parent or guardian, and also any person who the trainee may reasonably have asked should be informed.
(2) If a trainee dies, the governor shall give notice immediately to the coroner having jurisdiction, to the Secretary of State and to the person authorised under rule 43(1) to inspect the centre.
Religious observance 26.
The governor shall ensure that each trainee is enabled to receive instruction in, and observe any requirement (whether as to dress, diet or otherwise) of, the religious denomination stated in the record made in pursuance of section 10(5) of the Prison Act 1952.
Regime activities 27.
- (1) A trainee shall be occupied in education, training, physical education and programmes designed to tackle offending behaviour provided in accordance with rule 3 of these Rules.
(2) For the purpose of determining the appropriate activities under this rule for individual trainees, each trainee shall be assessed as soon as practicable after the date of his reception into the centre and, within 2 weeks of that date, a training plan shall be prepared.
(3) The training plan for each trainee shall be reviewed -
(a) in the case of a trainee who is ordered to be detained for a period of 6 months or less, every two months; and
(b) in the case of a trainee who is ordered to be detained for a period of more than 6 months, every three months.
(4) The preparation and reviewing of a trainee's training plan shall be undertaken in consultation with -
(a) the services responsible for the trainee's supervision after release; and
(b) the trainee's parent or guardian.
(5) An officer of the centre shall be nominated by the governor for the purposes of preparing, supervising and reviewing the training plan of each trainee and carrying out the consultation referred to in paragraph (4) above.
(6) The medical officer or a member of the healthcare staff may excuse a trainee from any activity on medical grounds; and no trainee shall be set to participate in any activity for which he is considered by the medical officer or, as the case may be, member of healthcare staff, to be unfit.
