HC Deb 15 January 2001 vol 361 cc120-1W
Mr. Lidington

To ask the Secretary of State for the Home Department if he will list the differences between the Young Offender Institution Rules 2000 and the existing rules which they are intended to replace. [145337]

Mr. Boateng

The significant differences between the consolidated Young Offender Institution Rules 2000 and the existing rules, consolidated in 1988 are listed. During the intervening years the rules have been amended via Statutory Instrument (SI) on 16 occasions. For ease of reference the relevant year and SI number are quoted with the key differences1989 SI331 abolished the following offences against discipline within Rule 50: mutiny, doing gross personal violence, making a false and malicious allegation against an officer, repeatedly making groundless complaints. It created the following new offences against discipline within Rule 50: detaining a person against his wish, denying an officer access to part of a young offender institution, fighting, intentionally endangering the health or personal safety of another, obstructing an officer, intentionally or recklessly starting a fire. 1989 SI2142. Rule 46 extended the period for which prisoners could be removed from association without the authority of the Board of Visitors from 24 hours to three days. 1990 SI1763. Rule 9 required governors to hear oral request and complaints daily. Established the right for prisoners to complain to the governor or Board of Visitors in confidence. Rule 14 allowed for the opening of prisoners' correspondence with legal advisers on reasonable suspicion that it contained illicit enclosures or endangered security. Rule 53 increased the maximum period of cellular confinement from three to seven days. 1994 SI13194. Rule 49A introduced compulsory testing for controlled drugs. Rule 50 amended to include the offence of administering a controlled drug. 1995 SI984. Rule 53 increased a governor's punishments for prisoners found guilty of offences against discipline from 14 to 21 days forfeiture of privileges; from 14 to 21 days removal from activities; from 14 to 21 days extra work; from 14 to 21 days removal from wing; from 28 to 42 additional days and from 28 to 42 days stoppage of earnings. 1995 SI1599. Rule 7 introduced the requirement to establish a system of privileges in each young offender institution. 1996 SI1662. Rule 3 extended the regime day in young offender institutions and expanded the scope of regime activities. Rule 5 enabled the introduction of regimes providing for stricter order and discipline, emphasising standards of dress, appearance and conduct. Rule 50 introduced two new offences against discipline relating to alcohol. 1999 SI962. Rule 10 provided the governor with authority to impose closed or non contact visits between the prisoner and his visitor. Rule 48 stated that a prisoner could not be kept temporarily confined in a special cell or room for more than 24 hours without the authority of the Board of Visitors. Rule 50 introduced a new offence against discipline of receiving a controlled drug or other articles during a visit. Rule 53 increased the maximum punishment of cellular confinement from three to seven days. Rule 71A added powers to prohibit certain visitors in the interests of security, good order or prevention of crime. 2000 SI1700. Rule 53 removed the punishment of cellular confinement for those aged under 18 and/or serving a Detention and Training Order. 2000 SI1795. Rule 50 introduced the following new offences against discipline relating to racist behaviour by prisoners: racially aggravated assault; racially aggravated damage to any part of a young offender institution or any property other than his own; using threatening, abusive or insulting racist words or behaviour; displaying or drawing on property or buildings threatening, abusive or insulting racist words, drawings, symbols or other material. 2000 SI2642. Rule 49B introduced conditional powers for governors to place inmates under constant observation using closed circuit television (CCTV) in the interests of securing good order, for the health and safety of the prisoner or the prevention and detection of crime.

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