The Young Offender Institution Rules 2000

• (2) No cell or room shall be used as a detention cell or room for the purpose of a punishment of confinement to a cell or room unless it has been certified by an officer of the Secretary of State (not being an officer of a young offender institution) that it is suitable for the purpose; 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.

Removal from wing or living unit

62

Following the imposition of a punishment of removal from his wing or living unit, an inmate shall be accommodated in a separate part of the young offender institution under such restrictions of earnings and activities as the Secretary of State may direct.

Suspended punishments

63

• (1) Subject to any directions given by the Secretary of State, the power to impose a disciplinary punishment (other than a caution or payback punishment) includes the power to give a suspended punishment direction.

• (2) A suspended punishment direction is a direction that the punishment is not to take effect, unless the inmate breaches a condition.

• (3) A condition may be either that the inmate—

• (a) does not commit another offence against discipline during a specified period (a “non-offending condition”), or

• (b) complies with or completes a specified rehabilitative activity during a specified period (a “rehabilitative condition”).

• (4) For the purposes of paragraph (3), a condition’s specified period may not be any longer than six months from the date of the direction.

• (5) An adjudicator may only give a suspended punishment direction containing a non-offending condition.

• (6) A governor may give a suspended punishment direction containing either a non-offending condition or one or more rehabilitative conditions.

• (7) Subject to paragraph (11), where an inmate breaches a non-offending condition, the governor or adjudicator (as the case may be) must take one of the steps set out in paragraph (10).

• (8) Where it appears to a governor that an inmate may have breached a rehabilitative condition without good reason, the governor must inquire into, and come to a finding as to, whether they had done so.

• (9) If a governor finds that an inmate has without good reason breached a rehabilitative condition, the governor must take one of the steps set out in paragraph (10).

• (10) The steps referred to in paragraphs (7) and (9) are—

• (a) direct that the suspended punishment will be activated;

• (b) reduce the period or amount of the suspended punishment and direct that it will be activated as so reduced;

• (c) vary the original suspended punishment direction by substituting for the period specified a period expiring not later than six months from the date of variation;

• (d) direct that the suspended punishment will not be activated and the suspended punishment direction will remain in force.

• (11) A governor may not direct that a suspended punishment be activated where the suspended punishment is in respect of an award of additional days.

Remission and mitigation of punishments and quashing of findings of guilt

64

• (1) Except in the case of a finding of guilt made, or a punishment imposed, by an adjudicator under rule 60A(1)(b) or rule 65(1A)(b) the Secretary of State may quash any findings of guilt and may remit a disciplinary punishment or mitigate it either by reducing it or by substituting a punishment which is, in his opinion, less severe.

• (1A) Where a compensation requirement has been imposed by a governor under rule 60AB(2), the Secretary of State may reduce the amount of the requirement.

• (2) Subject to any directions given by the Secretary of State, the governor may, on the grounds of good behaviour, remit or mitigate any punishment already imposed by an adjudicator or governor.

Adult female inmates: disciplinary punishments

65

• (1) In the case of a female inmate aged 21 years or over, rule 60 shall not apply, but the governor may, if he finds the inmate guilty of an offence against discipline, impose one or more of the following punishments:

• (a) caution;

• (b) forfeiture for a period not exceeding 42 days of any of the privileges under rule 6;

• (c) removal for a period not exceeding 21 days from any particular activity or activities of the young offender institution, other than education, training courses, work and physical education in accordance with rules 37, 38, 39, 40 and 41;

• (d) stoppage of or deduction from earnings for a period not exceeding 84 days ...;

• (e) confinement to a cell or room for a period not exceeding 21 days;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) In the case of a female inmate aged 21 years or over, where a charge has been referred to the adjudicator, rule 60A shall not apply, but the adjudicator may if he finds the inmate guilty of an offence against discipline, impose one or more of the following punishments:

• (a) any of the punishments mentioned in paragraph (1);

• (b) in the case of an inmate who is a ... fixed-term prisoner, an award of additional days not exceeding 42 days.

• (2) If an inmate is found guilty of more than one charge arising out of an incident, punishments under this rule may be ordered to run consecutively, but in the case of an award of additional days, the total period added shall not exceed 42 days.

• (3) Paragraph (1A) applies to an inmate who has been charged with having committed an offence against discipline before the date on which that paragraph came into force, in the same was as it applies to an inmate who has been charged with having committed an offence against discipline on or after that date, provided the charge is referred to the adjudicator no later than 60 days after that date.

• (4) Rule 58(3) shall not apply to a charge where, by virtue of paragraph (3), paragraph (1A) applies to the inmate who has been charged.

Forfeiture of remission to be treated as an award of additional days

66

• (1) In this rule, “existing prisoner" and “existing licensee" have the meanings assigned to them by paragraph 8(1) of Schedule 12 to the Criminal Justice Act 1991.

• (2) In relation to any existing prisoner or existing licensee who has forfeited any remission of his sentence, the provisions of Part II of the Criminal Justice Act 1991 shall apply as if he had been awarded such number of additional days as equals the number of days of remission which he has forfeited.

PART III — Officers of Young Offender Institutions

General duty of officers

67

• (1) It shall be the duty of every officer to conform to these Rules and the rules and regulations of the young offender institution, 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.

Gratuities forbidden

68

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

Search of officers

69

An officer shall submit himself to be searched in a young offender institution if the governor so directs. Any such search shall be conducted in as seemly a manner as is consistent with discovering anything concealed.

Transactions with inmates

70

• (1) No officer shall take part in any business or pecuniary transaction with or on behalf of an inmate without the leave of the Secretary of State.

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

Contact with former inmates, etc

71

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

Communications to the press, etc

72

• (1) 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.

• (2) No officer shall, without authority, publish any matter or make any public pronouncement relating to the administration of any institution to which the Prison Act 1952 applies or to any of its inmates.

Code of discipline

73

The Secretary of State may approve a code of discipline to have effect in relation to officers, or such classes of officers as it may specify, setting out the offences against discipline, the awards which may be made in respect of them and the procedure for dealing with charges.

PART IV — Persons Having Access to a Young Offender Institution

Prohibited articles

74

No person shall, without authority, convey into or throw into or deposit in a young offender institution, or convey to an inmate, or deposit in any place with intent that it shall come into the possession of an inmate, any article whatsoever. Anything so conveyed, thrown or deposited may be confiscated by the governor.

Control of persons and vehicles

75

• (1) Any person or vehicle entering or leaving a young offender institution may be stopped, examined and searched and in addition any such person may be photographed, fingerprinted or required to submit to other physical measurement.

• (1A) Any such search of a person shall be carried out in as seemly a manner as is consistent with discovering anything concealed about the person or their belongings.

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

Viewing of young offender institutions

76

• (1) No outside person shall be permitted to view a young offender institution unless authorised by statute or the Secretary of State.

• (2) No person viewing a young offender institution shall be permitted to take a photograph, make a sketch or communicate with an inmate unless authorised by statute or the Secretary of State.

Visitors

77

• (1) Without prejudice to any other powers to prohibit or restrict entry to young offender institutions, or his powers under rules 9 and 10, the Secretary of State may prohibit visits by a person to a young offender institution or to an inmate in a young offender institution for such periods of time as he considers necessary if the governor considers that such a prohibition is—

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

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

• (1A) During a coronavirus period, the Secretary of State may prohibit visits by all persons or classes of persons to a young offender institution or to an inmate in a young offender institution for such periods of time as the Secretary of State considers necessary, if the Secretary of State considers that such prohibition is necessary as a result of the effects, or likely effects, of coronavirus on or in relation to inmates or the young offender institution.

• (2) Paragraph (1) Paragraph (1) and (1A) shall not apply in relation to any visit to a young offender institution or inmate by a member of the independent monitoring board of the young offender institution, or justice of the peace, or to prevent any visit by a legal adviser for the purposes of an interview under rule 16 or visit allowed by the independent monitoring board under rule 10(5).

PART V — Independent monitoring board

Disqualification for membership

78

Any person directly or indirectly interested in any contract for the supply of goods or services to a young offender institution shall not be a member of the independent monitoring board for that institution and any member who becomes so interested in such a contract shall vacate office as a member.

Appointment

79

• (1) A member of the independent monitoring board for a young offender institution appointed by the Secretary of State under section 6(2) of the Prison Act 1952 shall subject to paragraphs (3) and (4) hold office for three years or such shorter period as the Secretary of State may appoint.

• (2) A member—

• (a) appointed for the first time to the independent monitoring board for a particular young offender institution; or

• (b) re-appointed to the board following a gap of a year or more in his membership of it,

shall, during the period of 12 months following the date on which he is so appointed or (as the case may be) re-appointed, undertake such training as may reasonably be required by the Secretary of State.

• (3) The Secretary of State may terminate the appointment of a member if satisfied that—

• (a) he has failed satisfactorily to perform his duties;

• (b) he has failed to undertake training he has been required to undertake under paragraph (2), by the end of the period specified in that paragraph;

• (c) he is by reason of physical or mental illness, or for any other reason, incapable of carrying out his duties;

• (d) he has been convicted of such a criminal offence, or his conduct has been such, that it is not in the Secretary of State’s opinion fitting that he should remain a member; or

• (e) there is, or appears to be, or could appear to be, any conflict of interest between the member performing his duties as a member and any interest of that member, whether personal, financial or otherwise.

• (4) Where the Secretary of State:

• (a) has reason to suspect that a member of the independent monitoring board for a young offender institution may have so conducted himself that his appointment may be liable to be terminated under paragraph (3)(a) or (d); and

• (b) is of the opinion that the suspected conduct is of such a serious nature that the member cannot be permitted to continue to perform his functions as a member of the board pending the completion of the Secretary of State’s investigations into the matter and any decision as to whether the member’s appointment should be terminated,

he may suspend the member from office for such period or periods as he may reasonably require in order to complete his investigations and determine whether or not the appointment of the member should be so terminated; and a member so suspended shall not, during the period of the suspension, be regarded as being a member of the board, other than for the purposes of this paragraph and paragraphs (1) and (2).

• (5) A board shall have a chairman and a vice chairman, who shall be members of the board.

• (6) The Secretary of State shall—

• (a) upon the constitution of a board for the first time, appoint a chairman and a vice chairman to hold office for a period not exceeding 12 months;

• (b) thereafter appoint, before the date of the first meeting of the board in any year of office of the board, a chairman and a vice chairman for that year, having first consulted the board; and

• (c) promptly fill, after having first consulted the board, any casual vacancy in the office of chairman or vice chairman.

• (7) The Secretary of State may terminate the appointment of a member as chairman or vice chairman of the board if he is satisfied that the member has—

• (a) failed satisfactorily to perform his functions as chairman or (as the case may be) vice-chairman; or

• (b) has grossly misconducted himself whilst performing those functions.

Proceedings of boards

80

• (1) The independent monitoring board for a young offender institution shall meet at the institution at least once a month.

• (2) The board may fix a quorum of not fewer than three members for proceedings.

• (3) The board shall keep minutes of their proceedings.

• (4) The proceedings of the board shall not be invalidated by any vacancy in the membership or any defect in the appointment of a member.

General duties of boards

81

• (1) The independent monitoring board for a young offender institution shall satisfy themselves as to the state of the premises, the administration of the institution and the treatment of the inmates.

• (2) The board shall inquire into and report upon any matter into which the Secretary of State asks them to inquire.

• (3) The board shall direct the attention of the governor to any matter which calls for his attention, and shall report to the Secretary of State any matters which they consider it expedient to report.

• (4) The board shall inform the Secretary of State immediately of any abuse which comes to their knowledge.

• (5) Before exercising any power under these Rules, the board and any member of the board shall consult the governor in relation to any matter which may affect discipline.

Particular duties

82

• (1) The independent monitoring board for a young offender institution and any member of the board shall hear any complaint or request which an inmate wishes to make to them or him.

• (2) The board shall arrange for the food of the inmates to be inspected by a member of the board at frequent intervals.

• (3) The board shall inquire into any report made to them, whether or not by a member of the board, that an inmate’s health, mental or physical, is likely to be injuriously affected by any conditions of his detention.

Members visiting young offender institutions

83

• (1) The members of the independent monitoring board for a young offender institution shall visit the institution frequently, and the board shall arrange a rota for the purpose.

• (2) A member of the board shall have access at any time to every part of the institution and to every inmate, and he may interview any inmate out of the sight and hearing of officers.

• (3) A member of the board shall have access to the records of the young offender institution, except that members of the board shall not have access to any records held for the purposes of or relating to conduct authorised in accordance with Part 2 of the Regulation of Investigatory Powers Act 2000.

Annual report

84

• (1) The independent monitoring board for a young offender institution shall, in accordance with paragraphs (2) and (3), from time to time make a report to the Secretary of State concerning the state of the institution and its administration, including in it any advice and suggestions they consider appropriate.

• (2) The board shall comply with any directions given to them from time to time by the Secretary of State as to the following matters—

• (a) the period to be covered by a report under paragraph (1);

• (b) the frequency with which such a report is to be made; and

• (c) the length of time from the end of the period covered by such a report within which it is to be made,

either in respect of a particular report or generally; provided that no directions may be issued under this paragraph if they would have the effect of requiring a board to make or deliver a report less frequently than once in every 12 months.

• (3) Subject to any directions given to them under paragraph (2), the board shall, under paragraph (1), make an annual report to the Secretary of State as soon as reasonably possible after 31st December each year, which shall cover the period of 12 months ending on that date or, in the case of a board constituted for the first time during that period, such part of that period during which the board has been in existence.

PART VI — Supplemental

Delegation by governor

85

The governor of a young offender institution may, with the leave of the Secretary of State, delegate any of his powers and duties under these Rules to another officer of that institution.

Contracted out young offender institutions

86

• (1) Where the Secretary of State has entered into a contract for the running of a young offender institution under section 84 of the Criminal Justice Act 1991 (in this rule “the 1991 Act") these Rules shall have effect in relation to that young offender institution with the following modifications—

• (a) references to an officer shall include references to a prisoner custody officer certified as such under section 89(1) of the 1991 Act;

• (b) references to a governor shall include references to a director approved by the Secretary of State for the purposes of section 85(1)(a) of the 1991 Act except—

• (i) in rule 85 the reference to a governor shall include a reference to a controller appointed by the Secretary of State under section 85(1)(b) of the 1991 Act; and

• (ii) in rules 67(1), 71 and 81 where references to a governor shall include references to a director and a controller;

• (iii) in rules 49, 51, 52, 58, 58A, 58B, 60, 60AB, 63, 64 , 64A and 65 where references to a governor shall include a reference to the director or the controller;

• (c) rule 73 shall not apply in relation to a prisoner custody officer certified as such under section 89(1) of the 1991 Act and performing custodial duties.

• (1A) The director of a prison may, with the leave of the Secretary of State, delegate any of his powers and duties under rules 49, 51, 52, 58, 58A, 58B, 60, 60AB, 63, 64 , 64A and 65 to another officer of that prison.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contracted out parts of young offender institutions

87

Where the Secretary of State has entered into a contract for the running of part of a young offender institution under section 84(1) of the Criminal Justice Act 1991, that part and the remaining part shall each be treated for the purposes of Parts I to IV and Part VI of these Rules as if they were separate young offender institutions.

Contracted out functions at directly managed young offender institutions

88

• (1) Where the Secretary of State has entered into a contract under section 88A(1) of the Criminal Justice Act 1991 for any functions at a directly managed young offender institution too be performed by prisoner custody officers who are authorised to perform custodial duties under section 89(1) of that Act, references to an officer in these Rules shall, subject to paragraph (2), include references to a prisoner custody officer who is so authorised and who is performing contracted out functions for the purposes of, or for purposes connected with, the young offender institution.

• (2) Paragraph (1) shall not apply to references to an officer in rule 73.

• (3) In this rule “directly managed young offender institution" means a young offender institution which is not a contracted out young offender institution.

Revocations and savings

89

• (1) Subject to paragraphs (2) and (3), the Rules specified in Schedule 1 to these Rules are hereby revoked.

• (2) Without prejudice to the Interpretation Act 1978 (“the 1978 Act"), where an inmate committed an offence against discipline contrary to rule 50 of the Young Offender Institution Rules 1988 (“the 1988 Rules") prior to the coming into force of these Rules, the 1988 Rules shall continue to have effect to permit the prisoner to be charged with such an offence, disciplinary proceedings in relation to such an offence to be continued, and the governor to impose punishment for such an offence.

• (3) Without prejudice to the 1978 Act, any award of additional days or other punishment or suspended punishment for an offence against discipline awarded or imposed under any provision of the Rules revoked by this rule, or the 1988 Rules as saved by paragraph (2), or treated by any such provision as having been awarded or imposed under the Rules revoked by this rule, shall have effect as if awarded or imposed under the corresponding provision of these Rules.

Schedule 1 — REVOCATIONS

Rules Revoked	S.I. number
The Young Offender Institution Rules 1988	1988/1422
The Young Offender Institution (Amendment) Rules 1989	1989/331
The Young Offender Institution (Amendment) (No. 2) Rules 1989	1989/2142
The Young Offender Institution (Amendment) Rules 1990	1990/1763
The Young Offender Institution (Amendment) Rules 1992	1992/513
The Young Offender Institution (Amendment) (No. 2) Rules 1992	1992/2081
The Young Offender Institution (Amendment) Rules 1993	1993/3076
The Young Offender Institution (Amendment) Rules 1994	1994/3194
The Young Offender Institution (Amendment) Rules 1995	1995/984
The Young Offender Institution (Amendment) (No. 2) Rules 1995	1995/1599
The Young Offender Institution (Amendment) Rules 1996	1996/1662
The Young Offender Institution (Amendment) Rules 1997	1997/789
The Young Offender Institution (Amendment) Rules 1998	1998/1545
The Young Offender Institution (Amendment) (No. 2) Rules 1999	1999/962
The Young Offender Institution (Amendment) Rules 2000	2000/700
The Young Offender Institution (Amendment) (No. 2) Rules 2000	2000/1795
The Young Offender Institution (Amendment) (No. 3) Rules 2000	2000/2642

Signed

Jack Straw — One of Her Majesty’s Principal Secretaries of State — 21st December 2000

Explanatory note

(This note is not part of the Rules)

Footnotes

Editorial notes