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In exercise of the powers conferred upon me by section 47 of the Prison Act 1952[1], I hereby make the following Rules:

"controlled drug" means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971[2];

"convicted prisoner" means, subject to the provisions of rule 7(3), a prisoner who has been convicted or found guilty of an offence or committed or attached for contempt of court or for failing to do or abstain from doing anything required to be done or left undone, and the expression "unconvicted prisoner" shall be construed accordingly;

"governor" includes an officer for the time being in charge of a prison;

"legal adviser" means, in relation to a prisoner, his counsel or solicitor, and includes a clerk acting on behalf of his solicitor;

"officer" means an officer of a prison and, for the purposes of rule 40(2), includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 89 of the Criminal Justice Act 1991[3];

"prison minister" means, in relation to a prison, a minister appointed to that prison under section 10 of the Prison Act 1952;

"short-term prisoner" and "long-term prisoner" have the meanings assigned to them by section 33(5) of the Criminal Justice Act 1991, as extended by sections 43(1) and 45(1) of that Act.

    (2) In these Rules - 

(a) a reference to an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991;

(b) a reference to the Church of England includes a reference to the Church in Wales; and

(c) a reference to a numbered rule is, unless otherwise stated, a reference to the rule of that number in these Rules and a reference in a rule to a numbered paragraph is, unless otherwise stated, a reference to the paragraph of that number in that rule.

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

Privileges
     8.  - (1) 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.

    (2) Systems of privileges approved under paragraph (1) may include arrangements under which prisoners may be allowed time outside their cells and in association with one another, in excess of the minimum time which, subject to the other provisions of these Rules apart from this rule, is otherwise allowed to prisoners at the prison for this purpose.

    (3) Systems of privileges approved under paragraph (1) may include arrangements under which privileges may be granted to prisoners only in so far as they have met, and for so long as they continue to meet, specified standards in their behaviour and their performance in work or other activities.

    (4) Systems of privileges which include arrangements of the kind referred to in paragraph (3) shall include procedures to be followed in determining whether or not any of the privileges concerned shall be granted, or shall continue to be granted, to a prisoner; such procedures shall include a requirement that the prisoner be given reasons for any decision adverse to him together with a statement of the means by which he may appeal against it.

    (5) Nothing in this rule shall be taken to confer on a prisoner any entitlement to any privilege or to affect any provision in these Rules other than this rule as a result of which any privilege may be forfeited or otherwise lost or a prisoner deprived of association with other prisoners.

Temporary release
     9.  - (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) on compassionate grounds or for the purpose of receiving medical treatment;

(b) to engage in employment or voluntary work;

(c) to receive instruction or training which cannot reasonably be provided in the prison;

(d) to enable him to participate in any proceedings before any court, tribunal or inquiry;

(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) to assist any police officer in any enquiries;

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

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

(i) to enable him to make a visit in the locality of the prison, as a privilege under rule 8.

    (4) A prisoner shall not be released under this rule unless the Secretary of State is satisfied that there would not be an unacceptable risk of his committing offences whilst released or otherwise failing to comply with any condition upon which he is released.

    (5) The Secretary of State shall not release under this rule a prisoner serving a sentence of imprisonment if, having regard to:

(a) the period or proportion of his sentence which the prisoner has served or, in a case where paragraph (10) does not apply to require all the sentences he is serving to be treated as a single term, the period or proportion of any such sentence he has served; and

(b) the frequency with which the prisoner has been granted temporary release under this rule,

the Secretary of State is of the opinion that the release of the prisoner would be likely to undermine public confidence in the administration of justice.

    (6) If a prisoner has been temporarily released under this rule during the relevant period and has been sentenced to imprisonment for a criminal offence committed whilst at large following that release, he shall not be released under this rule unless his release, having regard to the circumstances of this conviction, would not, in the opinion of the Secretary of State, be likely to undermine public confidence in the administration of justice.

    (7) For the purposes of paragraph (6), "the relevant period":

(a) in the case of a prisoner serving a determinate sentence of imprisonment, is the period he has served in respect of that sentence, unless, notwithstanding paragraph (10), the sentences he is serving do not fall to be treated as a single term, in which case it is the period since he was last released in relation to one of those sentences under Part II of the Criminal Justice Act 1991 ("the 1991 Act")[4];

(b) in the case of a prisoner serving an indeterminate sentence of imprisonment, is, if the prisoner has previously been released on licence under Part II of the Crime (Sentences) Act 1997[5] or Part II of the 1991 Act, the period since the date of his last recall to prison in respect of that sentence or, where the prisoner has not been so released, the period he has served in respect of that sentence; or

(c) in the case of a prisoner detained in prison for any other reason, is the period for which the prisoner has been detained for that reason;

save that where a prisoner falls within two or more of sub-paragraphs (a) to (c), the "relevant period", in the case of that prisoner, shall be determined by whichever of the applicable sub-paragraphs produces the longer period.

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

    (9) This rule applies to prisoners other than persons committed in custody for trial or to be sentenced or otherwise dealt with before or by any Crown Court or remanded in custody by any court.

    (10) For the purposes of any reference in this rule to a prisoner's sentence, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term if they would fall to be treated as a single term for the purposes of any reference to the term of imprisonment to which a person has been sentenced in Part II of the 1991 Act.

    (11) In this rule:

(a) any reference to a sentence of imprisonment shall be construed as including any sentence to detention or custody; and

(b) any reference to release on licence or otherwise under Part II of the 1991 Act includes any release on licence under any legislation providing for early release on licence.

Information to prisoners
     10.  - (1) Every prisoner shall be provided, as soon as possible after his reception into prison, 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 earnings and privileges, and the proper means of making requests and complaints.

    (2) In the case of a prisoner aged less than 18, or a prisoner aged 18 or over who cannot read or appears to have difficulty in understanding the information so provided, the governor, or an officer deputed by him, shall so explain it to him that he can understand his rights and obligations.

    (3) A copy of these Rules shall be made available to any prisoner who requests it.

Requests and complaints
     11.  - (1) A request or complaint to the governor or board of visitors relating to a prisoner's imprisonment shall be made orally or in writing by the prisoner.

    (2) On every day the governor shall hear any requests and complaints that are made to him under paragraph (1).

    (3) A written request or complaint under paragraph (1) may be made in confidence.

    (2) The chaplain shall visit daily all prisoners belonging to the Church of England who are sick, under restraint or undergoing cellular confinement; and a prison minister shall do the same, as far as he reasonably can, for prisoners of his denomination.

    (3) The chaplain shall visit any prisoner not of the Church of England who is sick, under restraint or undergoing cellular confinement, and is not regularly visited by a minister of his denomination, if the prisoner is willing.

Regular visits by ministers of religion
     15.  - (1) The chaplain shall visit the prisoners belonging to the Church of England.

    (2) A prison minister shall visit the prisoners of his denomination as regularly as he reasonably can.

    (3) Where a prisoner belongs to a denomination for which no prison minister has been appointed, the governor shall do what he reasonably can, if so requested by the prisoner, to arrange for him to be visited regularly by a minister of that denomination.

Religious services
     16.  - (1) The chaplain shall conduct Divine Service for prisoners belonging to the Church of England at least once every Sunday, Christmas Day and Good Friday, and such celebrations of Holy Communion and weekday services as may be arranged.

    (2) Prison ministers shall conduct Divine Service for prisoners of their denominations at such times as may be arranged.

Substitute for chaplain or prison minister
     17.  - (1) A person approved by the Secretary of State may act for the chaplain in his absence.

    (2) A prison minister may, with the leave of the Secretary of State, appoint a substitute to act for him in his absence.

Sunday work
     18. Arrangements shall be made so as not to require prisoners of the Christian religion to do any unnecessary work on Sunday, Christmas Day or Good Friday, or prisoners of other religions to do any such work on their recognised days of religious observance.

Religious books
     19. There shall, so far as reasonably practicable, be available for the personal use of every prisoner such religious books recognised by his denomination as are approved by the Secretary of State for use in prisons.

    (2) Subject to paragraph (1) above, the provisions of this rule shall apply to an unconvicted prisoner as to a convicted prisoner.

    (3) A convicted prisoner shall be provided with clothing adequate for warmth and health in accordance with a scale approved by the Secretary of State.

    (4) The clothing provided under this rule shall include suitable protective clothing for use at work, where this is needed.

    (5) Subject to rule 40(3), a convicted prisoner shall wear clothing provided under this rule and no other, except on the directions of the Secretary of State or as a privilege under rule 8.

    (6) A prisoner may be provided, where necessary, with suitable and adequate clothing on his release.

Food
     24.  - (1) Subject to any directions of the Secretary of State, no prisoner shall be allowed, except as authorised by the medical officer or a medical practitioner such as is mentioned in rule 20(3), to have any food other than that ordinarily provided.

    (2) The food provided shall be wholesome, nutritious, well prepared and served, reasonably varied and sufficient in quantity.

    (3) The medical officer, a medical practitioner such as is mentioned in rule 20(3) or any person deemed by the governor to be competent, shall from time to time inspect the food both before and after it is cooked and shall report any deficiency or defect to the governor.

    (4) In this rule "food" includes drink.

Alcohol and tobacco
     25.  - (1) No prisoner shall be allowed to have any intoxicating liquor except under a written order of the medical officer or a medical practitioner such as is mentioned in rule 20(3) specifying the quantity and the name of the prisoner.

    (2) No prisoner shall be allowed to smoke or to have any tobacco except as a privilege under rule 8 and in accordance with any orders of the governor.

Sleeping accommodation
     26.  - (1) No room or cell shall be used as sleeping accommodation for a prisoner unless it has been certified in the manner required by section 14 of the Prison Act 1952 in the case of a cell used for the confinement of a prisoner.

    (2) A certificate given under that section or this rule shall specify the maximum number of prisoners who may sleep or be confined at one time in the room or cell to which it relates, and the number so specified shall not be exceeded without the leave of the Secretary of State.

Beds and bedding
     27. Each prisoner shall be provided with a separate bed and with separate bedding adequate for warmth and health.

Hygiene
     28.  - (1) Every prisoner shall be provided with toilet articles necessary for his health and cleanliness, which shall be replaced as necessary.

    (2) Every prisoner shall be required to wash at proper times, have a hot bath or shower on reception and thereafter at least once a week.

    (3) A prisoner's hair shall not be cut without his consent.

Physical education
     29.  - (1) If circumstances reasonably permit, a prisoner aged 21 years or over shall be given the opportunity to participate in physical education for at least one hour a week.

    (2) The following provisions shall apply to the extent circumstances reasonably permit to a prisoner who is under 21 years of age - 

(a) provision shall be made for the physical education of such a prisoner within the normal working week, as well as evening and weekend physical recreation; the physical education activities will be such as foster personal responsibility and the prisoner's interests and skills and encourage him to make good use of his leisure on release; and

(b) arrangements shall be made for each such prisoner who is a convicted prisoner to participate in physical education for two hours a week on average.

    (3) In the case of a prisoner with a need for remedial physical activity, appropriate facilities will be provided.

    (4) The medical officer or a medical practitioner such as is mentioned in rule 20(3) shall decide upon the fitness of every prisoner for physical education and remedial physical activity and may excuse a prisoner from, or modify, any such education or activity on medical grounds.

Time in the open air
     30. If the weather permits and subject to the need to maintain good order and discipline, a prisoner shall be given the opportunity to spend time in the open air at least once every day, for such period as may be reasonable in the circumstances.

Work
     31.  - (1) A convicted prisoner shall be required to do useful work for not more than 10 hours a day, and arrangements shall be made to allow prisoners to work, where possible, outside the cells and in association with one another.

    (2) The medical officer or a medical practitioner such as is mentioned in rule 20(3) may excuse a prisoner from work on medical grounds, and no prisoner shall be set to do work which is not of a class for which he has been passed by the medical officer or by a medical practitioner such as is mentioned in rule 20(3) as being fit.

    (3) No prisoner shall be set to do work of a kind not authorised by the Secretary of State.

    (4) No prisoner shall work in the service of another prisoner or an officer, or for the private benefit of any person, without the authority of the Secretary of State.

    (5) An unconvicted prisoner shall be permitted, if he wishes, to work as if he were a convicted prisoner.

    (6) Prisoners may be paid for their work at rates approved by the Secretary of State, either generally or in relation to particular cases.

[2] 1971 c. 38.back

[3] 1991 c. 53.back

[4] 1991 c. 53.back

[5] 1997 c. 43.back

[6] 1952 c. 52.back

[7] 1983 c. 54.back