Back to previous page

Education and training
     28.  - (1) Arrangements shall be made at a centre for the education and training of each trainee according to his age and his personal needs as assessed and recorded in his training plan under rule 27 of these Rules.

    (2) Those arrangements shall be such as to ensure the participation of each trainee in education or training courses for at least 25 hours a week.

    (3) The activities provided under this rule shall, so far as practicable, be such as will foster personal responsibility and a trainee's interests and skills and help him to prepare for his return to the community.

    (4) In the case of a trainee who is of compulsory school age, the curriculum shall be appropriate to his age, ability and aptitude and to any special educational needs he may have, and shall as far as possible reflect the requirements of the National Curriculum within the meaning of the Education Act 1996.

Outside contacts
     29.  - (1) The governor shall encourage links between the centre and the community by taking steps to establish and maintain relations with suitable persons and agencies outside the centre.

    (2) The governor shall ensure that special attention is paid to the maintenance of such relations between a trainee and his family as seem desirable in the best interests of the trainee.

    (3) Where any restriction on contact of any kind between a trainee and his family is deemed necessary by the governor, it shall be imposed in consultation with the trainee, his family and the services responsible for his supervision after release.

    (4) In any case where for any reason contact is not maintained between a trainee and his family, the governor shall appoint an independent person to visit and befriend the trainee.

After care
     30.  - (1) From the beginning of his period of detention, consideration shall be given, in consultation with the appropriate supervising service, to a trainee's future and the help to be given to him in preparation for and after his return to the community.

    (2) Every trainee shall be given a careful explanation of his liability to supervision after release and the requirements to which he will be subject while under supervision.

    (3) The training plan prepared for a trainee under rule 27 of these Rules shall have regard to the need to help the trainee in preparation for and after his return to the community and, in the case of a trainee who will be of compulsory school age at the date of that return, to education in the community.

Maintenance of order and discipline
     31.  - (1) Order and discipline shall be maintained in a centre, but with no more restriction than is required in the interests of security and well-ordered community life.

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

Custody outside a centre
     32.  - (1) A trainee being taken to or from a centre in custody shall be exposed as little as possible to public observation and proper care shall be taken to protect him from curiosity and insult.

    (2) A trainee required to be taken in custody anywhere outside a centre shall be kept in the custody of a custody officer or of a police officer.

Search
     33.  - (1) Every trainee shall be searched on his reception into a centre and subsequently as the governor thinks necessary.

    (2) A trainee shall be searched in as seemly a manner as is consistent with discovering anything concealed.

    (3) No trainee shall be stripped and searched - 

(a) without the authority of the governor;

(b) in the presence of more than two officers; and

(c) in the sight of another trainee or in the sight or presence of an officer not of the same sex.

    (4) A written record shall be kept of any search to which paragraph (3) above applies which shall specify - 

(a) the name of the trainee;

(b) the reason for the search;

(c) when the search was carried out;

(d) who authorised the search and who carried it out; and

(e) what, if anything, was found as a result of the search.

Record and photograph
     34.  - (1) A personal record of each trainee shall be prepared, maintained and preserved in such manner and for such period as the Secretary of State may direct, but no part of the record shall be disclosed to any person not authorised to receive it.

    (2) Every trainee may be photographed on reception and subsequently, but no copy of the photograph shall be given to any person not authorised to receive it.

Trainees' property
     35.  - (1) Anything, other than cash, which a trainee has at a centre and which he is not allowed to retain for his own use shall be taken into the governor's custody and shall be listed in an inventory.

    (2) Any cash which a trainee has at a centre shall be paid into an account under the control of the governor and the trainee shall be credited with the amount in the books of the centre.

    (3) The governor may confiscate any unauthorised article found in the possession of a trainee after his reception into a centre, or concealed or deposited within a centre.

Removal from association
     36.  - (1) Where it appears to be necessary in the interests of preventing him from causing significant harm to himself or to any other person or significant damage to property that a trainee should not associate with other trainees, either generally or for particular purposes, the governor may arrange for the trainee's removal from association accordingly.

    (2) A trainee shall not be removed under this rule unless all other appropriate methods of control have been applied without success.

    (3) A trainee who is placed in his own room during normal waking hours in accordance with arrangements made under this rule shall - 

(a) be observed at least once in every period of 15 minutes;

(b) not be left unaccompanied during normal waking hours for a continuous period of more than 3 hours nor for periods which total in aggregate more than 3 hours in any period of 24 hours;

(c) be released from the room as soon as it is no longer necessary for the purposes mentioned in paragraph (1) above that he be removed from association; and

(d) be informed both orally and in writing of the reasons for such placement.

    (4) A record shall be kept of each occasion on which a trainee is removed from association under this rule which shall specify - 

(a) the name of the trainee;

(b) the date and time removal commenced and finished;

(c) who authorised it;

(d) the reasons for it and that the trainee was informed in accordance with paragraph (3)(d) above; and

(e) any observations made in accordance with paragraph (3)(a) above;

and the record kept in accordance with this paragraph shall be made available, upon request, to the person authorised under rule 43(1) of these Rules to inspect the centre.

Use of force
     37.  - (1) An officer in dealing with a trainee shall not use force unnecessarily and, when the application of force to a trainee is necessary, no more force than is necessary shall be used.

    (2) No officer shall act deliberately in a manner calculated to provoke a trainee.

Physical restraint
     38.  - (1) No trainee shall be physically restrained save where necessary for the purpose of preventing him from - 

(a) escaping from custody;

(b) injuring himself or others;

(c) damaging property; or

(d) inciting another trainee to do anything specified in paragraph (b) or (c) above,

and then only where no alternative method of preventing the event specified in any of paragraphs (a) to (d) above is available.

    (2) No trainee shall be physically restrained under this rule except in accordance with methods approved by the Secretary of State and by an officer who has undergone a course of training which is so approved.

    (3) Particulars of every occasion on which a trainee is physically restrained under this rule shall be recorded within 12 hours of its occurrence.

Officers of secure training centres
     39.  - (1) It shall be the duty of every officer to conform to these Rules and the rules and regulations of the centre, to assist and support the governor in their maintenance and to obey his lawful instructions.

    (2) An officer shall inform the governor promptly of any abuse or impropriety which comes to his knowledge.

    (3) No officer shall receive any unauthorised fee, gratuity or other consideration in connection with his office.

    (4) An officer shall submit himself to be searched in a centre if the governor so directs.

    (5) No officer shall take part in any business or pecuniary transaction with or on behalf of a trainee without the leave of the Secretary of State.

    (6) No officer shall, without authority, bring in or take out, or attempt to bring in or take out, or knowingly allow to be taken in or brought out, to or for a trainee, or deposit in any place with intent that it shall come into the possession of a trainee, any article whatsoever.

    (7) No officer shall, without the knowledge of the governor, communicate with any person who he knows to be a former trainee or a relative or friend of a trainee or former trainee.

    (8) No officer shall make, directly or indirectly, any unauthorised communication to a representative of the press or any other person concerning matters which have become known to him in the course of his duty.

    (9) No officer shall, without authority, publish any matter or make any public pronouncement relating to the administration of any centre or to any of its trainees.

Prohibited articles
     40.  - (1) No person shall, without authority, convey into or throw into or deposit in a centre, or convey to a trainee, or deposit in any place with intent that it shall come into the possession of a trainee, any article whatsoever.

    (2) Anything so conveyed, thrown or deposited may be confiscated by the governor.

Control of persons and vehicles
     41.  - (1) Any person or vehicle entering or leaving a centre may be stopped, examined and searched.

    (2) The governor may direct the removal from a centre of any person who does not leave on being required to do so.

Viewing of secure training centres
     42.  - (1) No outside person shall be permitted to view a centre unless authorised by statute or the Secretary of State.

    (2) No person viewing a centre shall be permitted to take a photograph, make a sketch or communicate with a trainee unless authorised by statute or the Secretary of State.

Inspection of centres
     43.  - (1) The Secretary of State may cause any centre to be inspected by persons who are for the time being authorised to conduct inspections under section 80 of the Children Act 1989[4].

    (2) A person conducting an inspection under this rule may be accompanied by Her Majesty's Chief Inspector of Prisons or a person designated by him and by one or more of Her Majesty's Inspectors of Schools in England.

    (3) Any person conducting an inspection under this rule or accompanying him in accordance with paragraph (2) above may for that purpose - 

(a) enter any part of the premises of the centre;

(b) conduct an interview with any officer or trainee; and

(c) examine any records relating to the centre.

    (4) A person who has conducted an inspection under this rule shall report in writing to the Secretary of State and the report shall be published in such manner as the Secretary of State may direct.

Appointment of independent persons
     44.  - (1) The Secretary of State may appoint independent persons to visit a centre.

    (2) Any trainee may make representations to a person appointed under this rule; and for that purpose the governor shall make arrangements for such a person to interview the trainee and to receive representations from him.

    (3) A person appointed under this rule shall be entitled to have access to any records relating to the centre except that the medical records relating to any trainee or the personal records of any officer shall not be made available to him without the consent of the trainee or, as the case may be, officer concerned.

    (4) A person appointed under this rule shall draw to the attention of the Secretary of State any matter which is of concern to him.

Delegation by governor
     45. The governor of a centre may, with the leave of the Secretary of State, delegate any of his powers and duties under these Rules to another officer of the centre.

Contracted-out secure training centres
     46.  - (1) In their application to a centre which is a contracted-out secure training centre these Rules shall have effect with the following modifications.

    (2) For any reference to the governor there shall be substituted a reference to the director.

    (3) For any reference to an officer there shall be substituted a reference to a custody officer.

    (4) In rule 6(2), at the end there shall be added the words "and the monitor shall be entitled to have access to such records".

    (5) In rule 8, at the end there shall be added the following paragraph:

    " (6) Where a person is dissatisfied with the outcome of any request or complaint made by him under the grievance procedure established under this rule he may appeal to the monitor, who shall thereupon consider the request or complaint, and any such appeal may be made in confidence.".

    (6) In rule 10, at the end there shall be added the following paragraph:

    " (4) No letter or communication shall be read or examined, and no communication shall be stopped, under paragraph (3) above without the approval of the monitor.".

    (7) In rule 15(2), at the end there shall be added the words "and the trainee may appeal from that refusal to the monitor".

    (8) In rule 24, at the end there shall be added the following paragraph:

    " (4) The monitor shall be informed as soon as practicable and in any event within 12 hours of any trainee having been placed under special observation under paragraph (3) above.".

    (9) In rule 25 - 

(a) in paragraph (1) after the word "inform" there shall be inserted the words "the monitor,"; and

(b) at the end there shall be added the following paragraph:

    " (3) If a trainee in respect of whom notification is given under paragraph (1) above has suffered serious harm, or it is alleged that he has been the subject of any form of abuse, notification shall also be given to a constable and, if in the opinion of the director such harm or abuse is caused by the conduct of any custody officer or other member of the staff of the centre, the monitor.".

    (10) In the rule 29(3), at the end there shall be added the words "and subject to the approval of the monitor".

    (11) In rule 33, at the end there shall be added the following paragraph:

    " (5) The monitor shall be informed within 24 hours of any search to which paragraph (3) above applies and he shall be provided with a copy of the record kept under paragraph (4) above of that search.".

    (12) In rule 36, at the end there shall be added the following paragraph:

    " (5) The monitor shall be informed within 24 hours of the commencement of any removal from association under this rule and he shall be provided with a copy of the record kept under paragraph (4) above in relation to that removal.".

    (13) In rule 38(3), after the word "recorded" there shall be inserted the words "and notified to the monitor".

    (14) After rule 45 there shall be inserted the following rule:

     " 45A.  - (1) The monitor appointed by the Secretary of State in relation to a contracted-out centre shall have the functions specified in respect of him in the foregoing provisions of these Rules as they have effect in accordance with rule 46 of these Rules.

    (2) The director appointed by the contractor in relation to a contracted-out centre shall have - 


(a) the functions specified in respect of him in the foregoing provisions of these Rules as they have effect in accordance with rule 46 of these Rules; and

(b) the following additional functions, namely - 


(i) to promote and safeguard the welfare of the trainees detained in that centre;

(ii) to co-operate with the monotor appointed in relation to that centre and to facilitate the discharge by him of his duties and functions; and

(iii) to issue a notice to each trainee prior to his release from the centre which specifies the requirements with which he must comply following his release.".

Jack Straw
One of Her Majesty's Principal Secretaries of State

Home Office
27th February 1998