§ Lord Donaldson of Kingsbridgeasked Her Majesty's Government:
What action has been taken since the publication of the Chief Inspector of Prisons' report on Rule 43 prisoners to ensure that—
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- (i) prisoners who are segragated for over three days or more than once in a 28-day period are referred to Boards of Visitors to authorise this segregation for up to 28 days for adults or up to 14 days for those under 21;
- (ii) in cases of prolonged segregation, there is a review by the authorising body every 28 days for adults or every 14 days for those under 21;
- (iii) after each hearing of the authorising body, the decision and reasons for it are communicated to the prisoner in writing;
- (iv) where a prisoner has been in segregation for three months, the authorising body contacts the Prison Department to find out why no alternative has been arranged;
- (v) a review body independent of the Prison Department reviews the authorisation of segregation for six months or more.
Earl FerrersHM Chief Inspector's recommendations were framed in the context of then current proposals to remove the adjudicatory functions of Board of Visitors. Since these proposals are not being proceeded with, it is not necessary to create a completely new system for authorisation and review of Rule 43 cases. Existing procedures for review by the independent boards are already in the spirit of most of these recommendations. The recommendations are being taken into account in a general review being undertaken by officials of the management of prisoners segregated for reasons of good order and discipline or for their own protection.