The Prison (Amendment) (No. 2) Rules 2005

• Citation: S.I. 2005/3437
• Sections: 17

Section 1

These Rules may be cited as the Prison (Amendment) (No. 2) Rules 2005 and shall come into force on 3 rd January 2006.

Section 2

The Prison Rules 1999 shall have effect subject to the amendments set out in the Schedule to these Rules.

Section 1

In rule 2 (interpretation)—

(a) in paragraph (1)—

(i) after the definition of “convicted prisoner” insert—

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

(ii) after the definition of “governor” insert —

“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 prison pursuant to rule 20(3);

(iii) after the definition of “prison minister” insert—

“registered medical practitioner” and “registered nurse” mean a practitioner or nurse who is working within the prison pursuant to rule 20(3)

(iv) after the definition of “telecommunications system” insert—

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

(b) in paragraph (2)(a) after “the Criminal Justice Act 1991 ” add “or by virtue of section 257 of the 2003 Act”.

Section 2

In rule 9 (temporary release)—

(a) paragraph (3)(i) is deleted;

(b) in paragraph (7)(a) at the end add “or Chapter 6 of Part 12 of the 2003 Act”;

(c) in paragraph (7)(b) after “Part II of the 1991 Act” add “or Chapter 6 of Part 12 of the 2003 Act”; and

(d) for paragraph (10) substitute—

(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.

Section 3

In rule 20 (medical attendance)—

(a) for paragraph (2) substitute—

(2) Every request by a prisoner to see a registered medical practitioner, a registered nurse or other health care professional such as is mentioned in paragraph (3) shall be recorded by the officer to whom it is made and promptly passed on to the medical officer.

(b) for paragraph (3) substitute—

(3) The medical officer may consult —

(a) a registered medical practitioner,

(b) a registered nurse, or

(c) any other health care professional,

and such a person may work within the prison under the general supervision of the medical officer.

(c) omit paragraph (4);

(d) in paragraph (5) for the words “the medical officer” substitute “a registered medical practitioner such as is mentioned in paragraph (3)”.

Section 4

In rule 21 (special illnesses and conditions)—

(a) in paragraph (1) for the words “The medical officer or a medical practitioner” substitute “A registered medical practitioner”;

(b) omit paragraph (2).

Section 5

In rule 24 (food)—

(a) in paragraph (1) for the words “the medical officer or a medical practitioner” substitute “a health care professional”;

(b) in paragraph (3) omit the words “The medical officer, a medical practitioner such as is mentioned in rule 20(3) or”.

Section 6

In rule 25 (alcohol and tobacco), in paragraph (1) omit from “except under a written order” to the end of that paragraph.

Section 7

In rule 29 (physical education), omit paragraph (4).

Section 8

In rule 31 (work), in paragraph (2) for the words “the medical officer or a medical practitioner” in both places where they occur substitute “a registered medical practitioner or registered nurse”.

Section 9

In rule 45 (removal from association)—

(a) for paragraph (2) substitute—

(2) A prisoner shall not be removed under this rule for a period of more than 72 hours without the authority of the Secretary of State and authority given under this paragraph shall be for a period not exceeding 14 days but it may be renewed from time to time for a like period.

(b) for paragraph (3) substitute—

(3) The governor may arrange at his discretion for a prisoner removed under this rule to resume association with other prisoners at any time, and in exercising that discretion the governor must fully consider any recommendation that the prisoner resumes association on medical grounds made by a registered medical practitioner or registered nurse such as is mentioned in rule 20(3).

Section 10

In rule 48 (2) (temporary confinement), omit “by a member of a board of visitors or” and “(not being an officer of a prison)”.

Section 11

In rule 49 (restraints)—

(a) in paragraph (2) for the words “to the medical officer or to a medical practitioner” substitute “to a registered medical practitioner or to a registered nurse”;

(b) in paragraph (3) for the words “the medical officer, or the medical practitioner” substitute “the registered medical practitioner or registered nurse”;

(c) in paragraph (6) for the words “of the medical officer or of a medical practitioner” substitute “of a registered medical practitioner or of a registered nurse”.

Section 12

In rule 52A (defences), omit paragraph (c).

Section 13

In rule 55A(1)(b) (adjudicator’s punishments) after “long-term prisoner” add “or fixed-term prisoner”.

Section 14

For rule 58 (cellular confinement) substitute—

(58) Before deciding whether to impose a punishment of cellular confinement the governor, adjudicator or reviewer shall first enquire of a registered medical practitioner or registered nurse, such as is mentioned in rule 20(3), as to whether there are any medical reasons why the punishment is unsuitable and shall take this advice into account when making his decision.

Section 15

In rule 59(2) (prospective award of additional days)—

(a) after “long-term prisoner” add “or fixed-term prisoner”; and

(b) after “the Criminal Justice Act 1967” add “or section 240 of the 2003 Act”.