The Young Offender Institution Rules 2000

• Citation: S.I. 2000/3371
• Sections: 100

Section 1 Citation and commencement

(a) These Rules may be cited as the Young Offender Institution Rules 2000 and shall come into force on 1st April 2001.

(b) The Rules set out in Schedule 1 to this Order are hereby revoked.

Section 2 Interpretation

(1) In these Rules, where the context so admits, the expression-

“adjudicator” means a District Judge (Magistrates' Courts) or Deputy District Judge (Magistrates' Courts) approved by the Lord Chancellor for the purpose of inquiring into a charge which has been referred to him;

“communication" includes any written or drawn communication from an inmate to any other person, whether intended to be transmitted by means of a postal service or not, and any communication from an inmate to any other person transmitted by means of a telecommunications system;

“compulsory school age" has the same meaning as in the Education Act 1996 ;

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

“ coronavirus ” has the meaning given by section 1 of the 2020 Act (meaning of “coronavirus” and related terminology);

“ coronavirus period ” means the period of time inclusive of a transmission control period and the transition period which follows it;

“electronic cigarette” means a product that can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill container and a tank, or rechargeable with single use cartridges).

“fixed-term prisoner” has the meaning assigned to it by section 237(1) of the Criminal Justice Act 2003;

“governor" includes an officer for the time being in charge of a young offender institution;

“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 and who is working within the young offender institution ...;

“health care provider” includes any provider of health services, whether or not commissioned by an NHS body (within the meaning given by section 275(1) of the National Health Service 2006) ;

“information technology equipment” includes any laptop or notebook computer, desktop computer, gaming console, handheld computing device, personal organiser or any electronic device containing a computer processor and capable of connecting to the internet, and any reference to information technology equipment includes a reference to–

a component part of a device of that description; or

any article designed or adapted for use with any information technology equipment (including any disk, film or other separate article on which images, sounds, computer code or other information may be stored or recorded) ;

“inmate" means a person who is required to be detained in a young offender institution;

“intercepted material" means the contents of any communication intercepted pursuant to these Rules;

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

“minister appointed to a young offender institution" means a minister so appointed under section 10 of the Prison Act 1952;

“officer" means an officer of a young offender institution;

“ payback punishment ” means a requirement to complete unpaid work that is rehabilitative or reparative in nature;

“ pharmacy medicine ” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;

“ prescription only medicine ” has the meaning given in regulation 8 the Human Medicines Regulations 2012;

“ psychoactive substance ” has the same meaning as in the Psychoactive Substances Act 2016;

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“telecommunications system" means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy;

“the 2003 Act ” means the Criminal Justice Act 2003.

“ the 2020 Act ” means the Coronavirus Act 2020;

“transition period” means the period of 3 months starting on the date on which a transmission control period ends;

“transmission control period” has the meaning given by paragraph 5 of Schedule 21 to the 2020 Act.

(2) In these Rules a reference to—

(a) an award of additional days means additional days awarded under these Rules by virtue of section 42 of the Criminal Justice Act 1991 or by virtue of section 257 of the 2003 Act ;

(b) the Church of England includes a reference to the Church of 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 to a numbered paragraph is in a rule, unless otherwise stated, a reference to the paragraph of that number in that rule.

Section 2A Coronavirus period – transition period

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Section 3 Aims and general principles of young offender institutions

(1) The aim of a young offender institution shall be to help offenders to prepare for their return to the outside community.

(2) The aim mentioned in paragraph (1) shall be achieved, in particular, by—

(a) providing a programme of activities, including education, training and work designed to assist offenders to acquire or develop personal responsibility, self-discipline, physical fitness, interests and skills and to obtain suitable employment after release;

(b) fostering links between the offender and the outside community; and

(c) co-operating with the services responsible for the offender’s supervision after release.

Section 4 Classification of inmates

(1) Subject to paragraphs (2) to (5), inmates may be classified, in accordance with any directions of the Secretary of State, taking into account their ages, characters and circumstances.

(2) Except where paragraph (5) applies, an inmate who has the relevant deportation status must not be classified as suitable for open conditions.

(3) If, immediately before the relevant time—

(a) an inmate has been classified as suitable for open conditions; and

(b) the young offender institution has received notice that the inmate has the relevant deportation status,

the inmate’s classification must be reconsidered in accordance with this rule as soon as practicable after the relevant time.

(4) If—

(a) an inmate has been classified as suitable for open conditions (whether before or after the relevant time); and

(b) the young offender institution receives notice after the relevant time that the inmate has the relevant deportation status,

the inmate’s classification must be reconsidered in accordance with this rule as soon as practicable after the young offender institution receives that notice.

(5) This paragraph applies if an inmate has been classified as suitable for open conditions and is located in open conditions immediately before the inmate’s classification is reconsidered, whether under paragraph (3) or (4) or otherwise.

(6) For the purposes of this rule, an inmate has the relevant deportation status if—

(a) there is a deportation order against the inmate under section 5(1) of the Immigration Act 1971; and

(b) no appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act ”) that may be brought or continued from within the United Kingdom in relation to the decision to make the deportation order—

(i) could be brought (ignoring any possibility of an appeal out of time with permission), or

(ii) is pending (within the meaning of section 104 of the 2002 Act ).

(7) In paragraph (6), the reference to the decision to make a deportation order includes a decision that section 32(5) of the UK Borders Act 2007 applies in respect of the inmate.

(8) In this rule, “the relevant time” means 5.00 p.m on 13th August 2014.

Section 5 Temporary release

(1) Subject to paragraph (1A), the Secretary of State may, in accordance with the other provisions of this rule, release temporarily an inmate to whom this rule applies.

(1A) An inmate who has the relevant deportation status must not be released under this rule unless the inmate is located in open conditions immediately before the time of release.

(2) An inmate may be released under this rule for any period or periods and subject to any conditions.

(3) An inmate 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 young offender institution;

(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 young offender institution;

(f) to assist any police officer in any enquiries;

(g) to facilitate the inmate’s transfer between the young offender institution and another penal establishment;

(h) to assist him in maintaining family ties or in his transition from life in the young offender institution to freedom; or

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An inmate 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 of his failing to comply with any condition upon which he is released.

(5) Where at any time an offender is subject concurrently:

(a) to a detention and training order; and

(b) to a sentence of detention in a young offender institution,

he shall be treated for the purposes of paragraphs (6) and (7) as if he were subject only to the one of them that was imposed on the later occasion.

(6) The Secretary of State shall not release under this rule an inmate if, having regard to:

(a) the period or proportion of his sentence which the inmate 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 inmate has been granted temporary release under this rule,

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

(7) If an inmate has been temporarily released under this rule during the relevant period and has been sentenced to any period of detention, custody or 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 his conviction, would not, in the opinion of the Secretary of State, be likely to undermine public confidence in the administration of justice; and for this purpose “the relevant period":

(a) in the case of an inmate serving a determinate sentence of imprisonment, detention or custody, 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") or section 100 of the Powers of the Criminal Courts (Sentencing) Act 2000 (“the 2000 Act") or Chapter 6 of Part 12 of the 2003 Act or by virtue of section 233 of the Sentencing Code ; or

(b) in the case of an inmate serving an indeterminate sentence of imprisonment, detention or custody, is, if the inmate has previously been released on licence under Part II of the 1991 Act or Part II of the Crime (Sentences) Act 1997 or Chapter 6 of Part 12 of the 2003 Act , the period since the date of his last recall to a penal establishment in respect of that sentence or, where the inmate has not been so released, the period he has served in respect of that sentence,

save that where an inmate falls within both of sub-paragraphs (a) and (b) above, the “relevant period", in the case of that inmate, shall be determined by whichever of the applicable sub-paragraphs that produces the longer period.

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

(8A) If, immediately before the relevant time, an inmate has been released under this rule and the young offender institution has received notice that the inmate has the relevant deportation status, the inmate must be recalled unless—

(a) the period for which the inmate has been released is due to expire on 13th August 2014; or

(b) the inmate was released from open conditions.

(8B) If an inmate has been released under this rule (whether before or after the relevant time) and the young offender institution receives notice after the relevant time that the inmate has the relevant deportation status, the inmate must be recalled unless—

(a) the period for which the inmate has been released is due to expire on the day on which the young offender institution receives that notice; or

(b) the inmate was released from open conditions.

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

(10) For the purposes of any reference in this rule to an inmate’s sentence, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(11) In this rule, any reference to release on licence under Part II of the 1991 Act includes any release on licence under any earlier legislation providing for early release on licence.

(12) In this rule—

(a) any reference to an inmate who has the relevant deportation status is to be read in accordance with rule 4(6) and (7); and

(b) any reference to the relevant time is to be read in accordance with rule 4(8).

Section 5A Coronavirus Restricted Temporary Release

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Section 6 Privileges

(1) There shall be established at every young offender institution systems of privileges ... appropriate to the classes of inmates thereof and their ages, characters and circumstances, which shall include arrangements under which money earned by inmates may be spent by them within the young offender institution.

(2) Systems of privileges established under paragraph (1) may include arrangements under which inmates may be allowed time outside the 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 inmates at the young offender institution for this purpose.

(3) Systems of privileges established under paragraph (1) may include arrangements under which privileges may be granted to inmates 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 an inmate; such procedures shall include a requirement that the inmate 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 an inmate 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 an inmate deprived of association with other inmates.

Section 7 Information to inmates

(1) Every inmate shall be provided, as soon as possible after his reception into the young offender institution, 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 method of making requests and complaints.

(2) In the case of an inmate aged under 18, or an inmate 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 inmate who requests it.

Section 8 Requests and complaints

(1) An inmate may make a request or complaint to the governor or independent monitoring board relating to the inmate’s detention.

(2) ... The governor shall consider as soon as possible 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.

Section 9 Communications generally

(1) Without prejudice to sections 6 and 19 of the Prison Act 1952 and except as provided by these Rules, an inmate shall not be permitted to communicate with any person outside the young offender institution, or such person with him, except with the leave of the Secretary of State or as a privilege under rule 7.

(2) Notwithstanding paragraph (1), and except as otherwise provided in these Rules, the Secretary of State may impose any restriction or condition, either generally or in a particular case, upon the communications to be permitted between an inmate and other persons if he considers that the restriction or condition to be imposed—

(a) does not interfere with the Convention rights of any person; or

(b) is necessary on grounds specified in paragraph (3) below, provided that:

(i) reliance on the grounds is compatible with the Convention right to be interfered with; and

(ii) the restriction or condition is proportionate to what is sought to be achieved.

(3) The grounds referred to in paragraph (2) are—

(a) the interests of national security;

(b) the prevention, detection, investigation or prosecution of crime;

(c) the interests of public safety;

(d) securing or maintaining security or good order and discipline in the young offender institution;

(e) the protection of health or morals;

(f) the protection of the reputation of others;

(g) maintaining the authority and impartiality of the judiciary; or

(h) the protection of the rights and freedoms of any person.

(4) Subject to paragraph (2), the Secretary of State may require that any visit, or class of visits, shall be held in facilities which include special features restricting or preventing physical contact between an inmate and a visitor.

(5) Every visit to an inmate shall take place within the sight of an officer or employee of the young offender institution authorised for the purposes of this rule by the governor (in this rule referred to as an “authorised employee"), unless the Secretary of State otherwise directs, and for the purposes of this paragraph a visit to an inmate shall be taken to take place within the sight of an officer or authorised employee if it can be seen by an officer or authorised employee by means of an overt closed circuit television system.

(6) Subject to rule 13, every visit to an inmate shall take place within the hearing of an officer or authorised employee, unless the Secretary of State otherwise directs.

(7) The Secretary of State may give directions, either generally or in relation to any visit or class of visits, concerning the day and times when inmates may be visited.

(8) In this rule—

(a) references to communications include references to communications during visits;

(b) references to restrictions and conditions upon communications include references to restrictions and conditions in relation to the length, duration and frequency of communications; and

(c) references to Convention rights are to the Convention rights within the meaning of the Human Rights Act 1998 .

Section 10 Personal letters and visits

(1) Subject to paragraph (7) an inmate shall be entitled—

(a) to send and to receive a letter on his reception into a young offender institution and thereafter once a week; and

(b) to receive a visit twice in every period of four weeks, but only once in every such period if the Secretary of State so directs.

(1A) During a coronavirus period, the Secretary of State may, either generally or in a particular case, and for such periods of time as the Secretary of State considers necessary, suspend any entitlement to a visit under paragraph (1)(b), if the Secretary of State considers that such a suspension is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to inmates or the young offender institution and proportionate to what is sought to be achieved.

(2) The governor may allow an inmate an additional letter or visit as a privilege under rule 6 or when necessary for his welfare or that of his family.

(3) The governor may allow an inmate entitled to a visit to send and to receive a letter instead.

(4) The governor may defer the right of an inmate to a visit until the expiration of any period of confinement to a cell or room.

(5) The independent monitoring board may allow an inmate an additional letter or visit in special circumstances, and may direct that a visit may extend beyond the normal duration.

(6) The Secretary of State may allow additional letters and visits in relation to any inmate or class of inmates.

(7) An inmate shall not be entitled under this rule to receive a visit from—

(a) any person, whether or not a relative or friend, during any period of time that person is the subject of a prohibition imposed under rule 77; or

(b) any other person, other than a relative or friend, except with the leave of the Secretary of State.

(8) Any letter or visit under the succeeding provisions of these Rules shall not be counted as a letter or visit for the purposes of this rule.

Section 11 Interception of communications

(1) The Secretary of State may give directions to any governor concerning the interception in a young offender institution of any communication by any inmate or class of inmates if the Secretary of State considers that the directions are—

(a) necessary on grounds specified in paragraph (4); and

(b) proportionate to what is sought to be achieved.

(2) Subject to any directions given by the Secretary of State, the governor may make arrangements for any communication by an inmate or class of inmates to be intercepted in a young offender institution by an officer or an employee of the young offender institution authorised by the governor for the purposes of this rule (referred to in this rule as an “authorised employee") if he considers that the arrangements are—

(a) necessary on grounds specified in paragraph (4); and

(b) proportionate to what is sought to be achieved.

(2A) The governor may not make arrangements for interception of any communication between an inmate and

(a) the inmate’s legal adviser; or

(b) any body or organisation with which the Secretary of State has made arrangements for the confidential handling of correspondence,

unless either the condition in paragraph (2B) or the condition in paragraph (2C) is satisfied .

(2B) The condition in this paragraph is that—

(a) the governor has reasonable cause to believe that the communication is being made with the intention of furthering a criminal purpose; and

(b) the arrangements for interception of the communication are authorised by—

(i) the chief executive officer of His Majesty’s Prison and Probation Service;

(ii) the director responsible for national operational services of that service; or

(iii) the duty director of that service.

(2C) The condition in this paragraph is that—

(a) the communication is by means of a telecommunications system which facilitates the transmission of both images (whether moving or otherwise) and sound;

(b) the interception is only of the images and not of sound; and

(c) the governor considers that the arrangements are—

(i) necessary on grounds specified in paragraph (4); and

(ii) proportionate to what is sought to be achieved.

(3) Any communication by an inmate may, during the course of its transmission in a young offender institution, be terminated by an officer or an authorised employee if he considers that to terminate the communication is—

(a) necessary on grounds specified in paragraph (4); and

(b) proportionate to what is sought to be achieved by the termination.

(4) The grounds referred to in paragraphs (1)(a), (2)(a) , (2C)(c)(i) and (3)(a) are—

(a) the interests of national security;

(b) the prevention, detection, investigation or prosecution of crime;

(c) the interests of public safety;

(d) securing or maintaining security or good order and discipline in the young offender institution;

(e) the protection of health or morals; or

(f) the protection of the rights and freedoms of any person.

(5) Any reference to the grounds specified in paragraph (4) in relation to the interception of a communication by means of a telecommunications system in a young offender institution, or the disclosure or retention of intercepted material from such a communication, shall be taken to be a reference to those grounds with the omission of sub-paragraph (f).

(6) For the purposes of this rule “interception"—

(a) in relation to a communication by means of a telecommunications system, means any action taken in relation to the system or its operation so as to make some or all of the contents of the communications available, while being transmitted, to a person other than the sender or intended recipient of the communication; and the contents of a communication are to be taken to be made available to a person while being transmitted where the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently; and

(b) in relation to any written or drawn communication, includes opening, reading, examining and copying the communication.

Section 12 Permanent log of communications

(1) The governor may arrange for a permanent log to be kept of all communications by or to an inmate.

(2) The log referred to in paragraph (1) may include, in relation to a communication by means of a telecommunications system in a young offender institution, a record of the destination, duration and cost of the communication and, in relation to any written or drawn communication, a record of the sender and addressee of the communication.

Section 13 Disclosure of material

(1) Except in accordance with paragraph (2), the governor may not disclose to any person who is not

(a) an officer of a young offender institution;

(b) an officer of the Secretary of State;

(c) an officer of the Youth Justice Board for England and Wales, where the Board has entered into a contract for the provision or running, or both, of the young offender institution; or

(d) an employee of the young offender institution authorised by the governor for the purpose of this rule,

any intercepted material, information retained pursuant to rule 12 or material obtained by means of an overt closed circuit television system used during a visit.

(2) The governor may disclose the material and information identified in paragraph (1) to persons, other than those mentioned in that paragraph, if:

(a) he considers that such disclosure is—

(i) necessary on the grounds specified in rule 11(4); and

(ii) proportionate to what is sought to be achieved by the disclosure;

(b) in the case of intercepted material or material obtained by means of an overt closed circuit television system used during a visit, all parties to the communication or visit consent to the disclosure; or

(c) in the case of information retained pursuant to rule 12, the inmate to whose communication the information relates, consents to the disclosure.

Section 14 Retention of material

(1) The governor shall not retain any intercepted material or material obtained by means of an overt closed circuit television system used during a visit for a period longer than 3 months beginning with the day on which the material was intercepted or obtained unless he is satisfied that continued retention of it is—

(a) necessary on grounds specified in rule 11(4); and

(b) proportionate to what is sought to be achieved by the continued retention.

(2) Where such material is retained for longer than three months pursuant to paragraph (1) the governor shall review its continued retention at periodic intervals until such time as it is no longer held by the governor.

(3) The first review referred to in paragraph (2) shall take place not more than three months after the decision to retain the material taken pursuant to paragraph (1) and subsequent reviews shall take place not more than three months apart thereafter.

(4) If the governor, on a review conducted pursuant to paragraph (2) or at any other time, is not satisfied that the continued retention of the material satisfies the requirements set out in paragraph (1), he shall arrange for the material to be destroyed.

Section 15 Police interviews

A police officer may, on production of an order issued by or on behalf of a chief officer of police, interview any inmate willing to see him.

Section 16 Visits from legal advisers

(1) Where the legal adviser of an inmate in any legal proceedings, civil or criminal, to which the inmate is a party visits the inmate, the legal adviser shall be afforded reasonable facilities for interviewing him in connection with those proceedings, and may do so out of hearing of an officer.

(2) On such a visit, an inmate’s legal adviser may, with the leave of the Secretary of State, interview the inmate in connection with any other legal business.

Section 17 Delivery and receipt of legally privileged material

(1) An inmate may deliver to, or receive from, the inmate’s legal adviser and any court, either by post or during a legal visit under rule 16, any legally privileged material and such material may only be opened, read or stopped by the governor in accordance with the provisions of this rule.

(2) Material 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) Material to which this rule applies may be opened, read and stopped if the governor has reasonable cause to believe its contents endanger prison or young offender institution security or the safety of others or are otherwise of a criminal nature.

(4) An inmate shall be given the opportunity to be present when any material to which this rule applies is opened and shall be informed if it or any enclosure is to be read or stopped.

(5) An inmate shall on request be provided with any writing materials necessary for the purposes of paragraph (1).

(6) In this rule, “court" includes 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 material to or from a person other than the inmate concerned, his legal adviser or a court.

Section 18 Securing release of defaulters

An inmate detained in a young offender institution in default of payment of a fine or any other sum of money may communicate with, and be visited at any reasonable time on a weekday by, any relative or friend for payment in order to secure his release.

Section 19 Clothing

(1) An inmate shall be provided with clothing adequate for warmth and health in accordance with a scale approved by the Secretary of State.

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

(3) Subject to the provisions of rule 45(3), an inmate 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 6.

(4) An inmate shall where necessary be provided with suitable and adequate clothing on his release.

Section 20 Food

(1) Subject to any directions of the Secretary of State, no inmate shall be allowed, except as authorised by a health care professional working within the young offender institution , 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) ... 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.

Section 21 Alcohol and tobacco

(1) No inmate shall be allowed to have any intoxicating liquor ....

(2) No inmate shall be allowed to smoke or to have any tobacco except in accordance with any directions of the Secretary of State.

Section 22 Sleeping accommodation

(1) No room or cell shall be used as sleeping accommodation for an inmate unless it has been certified by an officer of the Secretary of State (not being an officer of a young offender institution) that its size, lighting, heating, ventilation and fittings are adequate for health, and that it allows the inmate to communicate at any time with an officer.

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

Section 23 Beds and bedding

Each inmate shall be provided with a separate bed and with separate bedding adequate for warmth and health.

Section 24 Hygiene

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

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

(3) An inmate’s hair shall not be cut without his consent.

Section 25 Female inmates

The Secretary of State may, subject to any conditions he thinks fit, permit a female inmate to have her baby with her in a young offender institution, and everything necessary for the baby’s maintenance and care may be provided there.

Section 26 Library books

A library shall be provided in every young offender institution and, subject to any directions of the Secretary of State, every inmate shall be allowed to have library books and to exchange them.

Section 27 Health services

(1) The governor must work in partnership with local health care providers to secure the provision to inmates in the young offender institution of access to the same quality and range of services as the general public receives from the National Health Service.

(2) Every request by an inmate to see a health care professional shall be recorded by the officer to whom it was made and promptly communicated to a health care professional.

(3) If an unconvicted inmate desires the attendance of a named registered medical practitioner or dentist other than one already working in the young offender institution, and will pay any expense incurred, the governor must, if satisfied that there are reasonable grounds for the request and unless the Secretary of State otherwise directs, allow the inmate to be visited and treated by that practitioner or dentist, in consultation with a registered medical practitioner who works in that institution.

(4) Subject to any directions given in the particular case by the Secretary of State, a registered medical practitioner selected by or on behalf of an inmate who is a party to any legal proceedings must be afforded reasonable facilities for examining the inmate in connection with the proceedings, and may do so out of hearing but in the sight of an officer.

(5) An inmate may correspond, in accordance with arrangements made by the Secretary of State for the confidential handling of correspondence, with a registered medical practitioner who has treated the inmate for a life threatening condition, and such correspondence may not be opened, read or stopped unless the governor has reasonable cause to believe its contents do not relate to the treatment of that condition.

Section 28 Special illnesses and conditions

(1) A registered medical practitioner working within the young offender institution shall report to the governor on the case of any inmate 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29 Notification of illness or death

(1) If an inmate dies, or becomes seriously ill, sustains any severe injury or is removed to hospital on account of mental disorder, the governor shall, if he knows his or her address, at once inform the inmate’s spouse or next of kin, and also any person who the inmate may reasonably have asked should be informed.

(2) If an inmate dies, the governor shall give notice immediately to the coroner having jurisdiction, to the independent monitoring board and to the Secretary of State.

Section 30 Religious denomination

An inmate 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, but the governor may, in a proper case after due inquiry, direct that record to be amended.

Section 31 Special duties of chaplains and appointed ministers

(1) The chaplain or a minister appointed to a young offender institution shall (or during a coronavirus period shall so far as reasonably practicable) —

(a) interview every inmate of his denomination individually as soon as he reasonably can after the inmate’s reception into that institution and shortly before his release; and

(b) if no other arrangements are made, read the burial service at the funeral of any inmate of his denomination who dies in that institution.

(2) The chaplain shall (or during a coronavirus period shall so far as reasonably practicable), visit daily all inmates belonging to the Church of England who are sick, under restraint or confined to a room or cell; and a minister appointed to a young offender institution shall do the same, as far as he reasonably can, for inmates of his own denomination.

(3) If the inmate is willing, the chaplain shall (or during a coronavirus period shall so far as reasonably practicable) visit any inmate not of the Church of England who is sick, under restraint or confined to a room or cell, and is not regularly visited by a minister of his own denomination.

Section 32 Regular visits by ministers of religion, etc

(1) The chaplain shall visit regularly the inmates belonging to the Church of England.

(2) A minister appointed to a young offender institution shall visit the inmates of his denomination as regularly as he reasonably can.

(3) The governor shall, if so requested by an inmate belonging to a denomination for which no minister has been appointed to a young offender institution do what he reasonably can to arrange for that inmate to be visited regularly by a minister of that denomination.

(4) Every request by an inmate to see the chaplain or a minister appointed to a young offender institution shall be promptly passed on to the chaplain or minister.

Section 33 Religious services

(1) The chaplain shall (or during a coronavirus period shall so far as reasonably practicable) conduct Divine Service for inmates 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) A minister appointed to a young offender institution shall conduct Divine Service for inmates of his denomination at such times as may be arranged.

Section 34 Substitute for chaplain or appointed minister

(1) A person approved by the Secretary of State may act for the chaplain in his absence.

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

Section 35 Sunday work

Arrangements shall be made so as not to require inmates to do any unnecessary work on Sunday, Christmas Day or Good Friday nor inmates of religions other than the Christian religion to do any unnecessary work on their recognised days of religious observance (as in alternative, but not in addition, to those days).

Section 36 Religious books

There shall, so far as reasonably practicable, be available for the personal use of every inmate such religious books recognised by his denomination as are approved by the Secretary of State for use in young offender institutions.

Section 37 Regime activities

(1) An inmate shall (or during a coronavirus period shall so far as reasonably practicable) be occupied in a programme of activities provided in accordance with rule 3 which shall include education, training courses, work and physical education.

(2) In all such activities regard shall be paid in individual assessment and personal development.

(3) A registered medical practitioner working within the young offender institution may excuse an inmate from work or any other activity on medical grounds.

(4) An inmate may be required to participate in regime activities for no longer than the relevant period in a day, “the relevant period" for this purpose being—

(a) on a day in which an hour or more of physical education is provided for the inmate, 11 hours;

(b) on a day in which no such education is provided for the inmate, ten hours; or

(c) on a day in which a period of less than an hour of such education is provided for the inmate, the sum of ten hours and the period of such education provided,

provided that he may not be required to participate in any one regime activity for more than eight hours in a day.

(5) Inmates may be paid for their work or participation in other activities at rates approved by the Secretary of State, either generally or in relation to particular cases.

Section 38 Education

(1) Provision shall (or during a coronavirus period shall so far as reasonable practicable) be made at a young offender institution for the education of inmates by means of programmes of class teaching or private study within the normal working week and, so far as practicable, programmes of evening and weekend educational classes or private study. The educational activities shall, so far as practicable, be such as will foster personal responsibility and an inmate’s interests and skills and help him to prepare for his return to the community.

(2) In the case of an inmate of compulsory school age, arrangements shall (or during a coronavirus period shall so far as reasonably practicable) be made for his participation in education or training courses for at least 15 hours a week within the normal working week.

(3) In the case of an inmate aged 17 or over who has special educational needs, arrangements shall be made for education appropriate to his needs, if necessary within the normal working week.

(4) In the case of a female inmate aged 21 or over who is serving a sentence of imprisonment or who has been committed to prison for default and who is detained in a young offender institution instead of a prison, reasonable facilities shall be afforded if she wishes to improve her education, by class teaching or private study.

Section 39 Training courses

(1) Provision shall (or during a coronavirus period shall so far as reasonably practicable) be made at a young offender institution for the training of inmates by means of training courses, in accordance with directions of the Secretary of State.

(2) Training courses shall be such as will foster personal responsibility and an inmate’s interests and skills and improve his prospects of finding suitable employment after release.

(3) Training courses shall, so far as practicable, be such as to enable inmates to acquire suitable qualifications.

Section 40 Work

(1) Work shall, so far as practicable, be such as will foster personal responsibility and an inmate’s interests and skills and help him to prepare for his return to the community.

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

Section 41 Physical education

(1) Provision shall (or during a coronavirus period shall so far as reasonably practicable) be made at a young offender institution for the physical education of inmates within the normal working week, as well as evening and weekend physical recreation. The physical education activities shall be such as will foster personal responsibility and an inmate’s interests and skills and encourage him to make good use of his leisure on release.

(2) Arrangements shall (or during a coronavirus period shall so far as reasonably practicable) be made for each inmate, other than one to whom paragraph (3) and (5) applies, to participate in physical education for at least two hours a week on average or, in the case of inmates detained in such institutions or parts of institutions as the Secretary of State may direct, for at least 1 hour each weekday on average, but outside the hours allotted to education under rule 38(2) in the case of an inmate of compulsory school age.

(3) If circumstances reasonably permit, a female inmate aged 21 years or over shall be given the opportunity to participate in physical education for at least one hour a week.

(4) In the case of an inmate with a need for remedial physical activity, appropriate facilities shall be provided.

(5) If the weather permits and subject to the need to maintain good order and discipline, a female inmate aged 21 years or over 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.

Section 42 Outside contacts

(1) The governor shall encourage links between the young offender institution and the community by taking steps to establish and maintain relations with suitable persons and agencies outside the institution.

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

(3) Subject to any directions of the Secretary of State, an inmate shall be encouraged, as far as practicable, to participate in activities outside the young offender institution which will be of benefit to the community or of benefit to the inmate in helping him to prepare for his return to the community.

Section 43 After-care

(1) From the beginning of his sentence, consideration shall be given, in consultation with the appropriate supervising service, to an inmate’s future and the help to be given to him in preparation for and after his return to the community.

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

Section 44 Maintenance of order and discipline

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

(2) Notwithstanding paragraph (1), regimes may be established at young offender institutions under which stricter order and discipline are maintained and which emphasise strict standards of dress, appearance and conduct; provided that no inmate shall be required to participate in such a regime unless he has been first assessed as being suitable for it and no inmate shall be required to continue with such a regime if at any time it appears that he is no longer suitable for it.

(3) For the purposes of paragraph (2), whether an inmate is suitable for a stricter regime is to be assessed by reference to whether he is sufficiently fit in mind and body to undertake it and whether, in the opinion of the Secretary of State, experience of the regime will further his rehabilitation.

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

Section 45 Custody outside a young offender institution

(1) A person being taken to or from a young offender institution 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) An inmate required to be taken in custody anywhere outside a young offender institution shall be kept in the custody of an officer appointed under section 3 of the Prison Act 1952 or of a police officer.

(3) An inmate required to be taken in custody to any court shall, when he appears before the court, wear his own clothing or ordinary civilian clothing provided by the governor.

Section 46 Search

(1) Every inmate shall be searched when taken into custody by an officer, on his reception into a young offender institution and subsequently as the governor thinks necessary or as the Secretary of State may direct.

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

(3) No inmate shall be stripped and searched in the sight of another inmate or in the sight of a person of the opposite sex.

Section 47 Record and photograph

(1) A personal record of each inmate shall be prepared and maintained in such manner 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 inmate may be photographed on reception and subsequently, but no copy of the photograph or any other personal record shall be given to any person not authorised to receive it.

(2A) In this rule “personal record” may include personal information and biometric records (such as fingerprints or other physical measurements).

Section 48 Inmates’ property

(1) Anything, other than cash, which an inmate has at a young offender institution and which he is not allowed to retain for his own use shall be taken into the governor’s custody.

(2) Any case which an inmate has at a young offender institution shall be paid into an account under the control of the governor and the inmate shall be credited with the amount in the books of the institution.

(3) Any article belonging to an inmate which remains unclaimed for a period of more than 1 year after he is released, or dies, may be sold or otherwise disposed of; and the net proceeds of any sale shall be paid to the National Association for the Care and Resettlement of Offenders, for its general purposes.

(4) The governor may confiscate any unauthorised article found in the possession of an inmate after his reception into a young offender institution, or concealed or deposited within a young offender institution.