Prison (Jersey)
Rules 2007
Made 12th January 2007
Coming into force 31st
January 2007
THE MINISTER FOR HOME AFFAIRS, in pursuance of Article 29 of the Prison
(Jersey) Law 1957[1], has made the following Rules –
Opening provisions
1 Interpretation
(1) In
these Rules, unless the context otherwise requires –
“cell” includes
room;
“chaplain” means the
person appointed as such under Article 7 of the Law;
“civil prisoner”
means a person detained in the prison who is not –
(a) serving
a sentence;
(b) awaiting
sentence;
(c) an
appellant against a conviction or sentence; or
(d) imprisoned
in default of payment of a fine or any other financial penalty awarded by a
court in criminal proceedings,
and includes a person committed to prison for contempt of court;
“contracted out services”
means services to a prison or to its staff or prisoners provided other than by
officers or employees;
“controlled drug”
has the meaning given in Article 3 of the Misuse
of Drugs (Jersey) Law 1978[2];
“employee” means a
person, other than an officer, employed within the prison;
“Law” means the Prison (Jersey) Law 1957[3];
“legal adviser”
means an advocate or solicitor or a person employed as a clerk by an advocate
or solicitor and acting on that person’s behalf;
“letter” includes a
packet;
“Medical Officer”
means the person appointed as such under Article 7 of the Law;
“Minister” means the
Minister for Home Affairs;
“officer”, without
more, means a prison officer;
“officer of the Impôts”
shall be construed in accordance with Article 4 of the Customs and Excise (Jersey) Law 1999[4];
“police” means the
States of Jersey Police and “police officer” shall be construed
accordingly;
“postal service”
means the conveyance of postal packets, the incidental services of receiving,
collecting, sorting and delivering postal packets, and any other service that
relates to any of those services and is provided in conjunction with any of
them;
“prohibited article”
has the meaning given in Rule 2;
“public holiday”
means a day to be observed as a public holiday or bank holiday under the Public Holidays and Bank Holidays (Jersey) Law
1951[5];
“unit manager” means
an officer appointed to a post of that description;
“untried prisoner”
means –
(a) a
person remanded in custody in the prison pending or in the course of the
hearing of a charge for an offence;
(b) a
person detained under the Immigration Act
1971 of the United Kingdom as extended to Jersey by the Immigration (Jersey)
Order 1993[6];
(c) a
person detained pending his or her removal from Jersey for the purposes of the
investigation of or proceedings in respect of a suspected service disciplinary
offence under the Army Act 1955, the
Air Force Act 1955 or the Naval Discipline Act 1957, as those Acts
of the United Kingdom are extended to Jersey by Orders in Council;
“young prisoner”
means a person remanded in custody in or serving a sentence of youth detention
in the young offender institution.
(2) A
reference in these Rules to a prisoner’s classification shall be
construed in accordance with Rule 8.
(3) A
reference in these Rules to the person inquiring into a charge shall be
construed in accordance with Rule 86.
2 Prohibited
articles
In these Rules, “prohibited article” means –
(a) any
firearm or any ammunition, within the meaning of the Firearms (Jersey) Law 2000[7];
(b) any
explosive, within the meaning of the Explosives
(Jersey) Law 1970[8];
(c) any
offensive weapon, within the meaning of the Police Procedures and Criminal Evidence (Jersey)
Law 2003[9];
(d) any
article, including an article containing or embodying matter to be read or
looked at or both, any sound record and any film or other record of a picture
which, or any part of which –
(i) is
pornographic in nature, or
(ii) may
incite hatred against a group of persons, defined by reference to colour,
nationality (including citizenship) or ethnic or national origins;
(e) any
amphibian, bird, fish, mammal or reptile;
(f) any
conveyance, whether or not mechanically propelled;
(g) any
article made or adapted for use in the ingestion of controlled drugs or
intoxicants;
(h) subject
to Rule 16, any food or drink;
(i) subject
to Rule 68(2), any alcoholic liquor, controlled drug or other intoxicant;
(j) any
article made or adapted for use in the construction, deconstruction,
maintenance or repair of another article;
(k) any
article in such amount or quantity as is, in the opinion of the Governor,
inconsistent with the maintenance of good order within the prison.
Reception and records
3 Authority
for reception
(1) A
person shall not be received into the prison unless there is produced a warrant
or order or other lawful authority –
(a) authorizing
the person’s detention in custody; and
(b) containing
the information required by this Rule.
(2) Every
warrant, order or other lawful authority shall state the day on which it is
made or given, the name of the prisoner and the prisoner’s date and place
of birth.
(3) A
warrant issued under Article 13 of the Loi
(1864) réglant la procédure criminelle[10] shall state the offence with
which the prisoner is charged and the day and time the prisoner is to be
produced before the Magistrate.
(4) An
order of a court for the remand of the prisoner in custody shall state the
offence with which prisoner has been charged or of which the prisoner has been
convicted and the day and time the prisoner is to be next produced before the
court.
(5) An
order of a court sentencing the prisoner to a term of imprisonment shall state
the offence of which the prisoner has been convicted and the term so imposed.
(6) The
effect of the warrant, order or other lawful authority shall be explained to
the prisoner –
(a) upon
the prisoner’s reception into the prison;
(b) in
a language and in terms that the prisoner understands.
4 Search
etc. on reception
(1) A
prisoner shall be searched, in accordance with Rule 77, when received into the
prison.
(2) An
officer shall confiscate any prohibited article found in the possession of the
prisoner and give it to the person who delivered the prisoner into reception.
(3) An
officer shall confiscate any medicinal product found in the possession of the
prisoner which appears to be of a kind specified under Article 57 of the Medicines (Jersey) Law 1995[11] and give it to the Medical
Officer, unless the Medical Officer directs otherwise.
(4) An
officer shall confiscate any other article or matter found in the possession of
the prisoner which, under these Rules, the prisoner is not permitted to have in
his or her possession and arrange for the article or matter to be stored in
accordance with these Rules.
(5) A
prisoner shall, when received into the prison, take a hot bath or hot shower,
unless exempted by the Governor or Medical Officer.
5 Interview
on reception
(1) A
prisoner shall, on reception into the prison, be interviewed by an officer who
shall –
(a) inform
the prisoner of the rights in Rule 6;
(b) provide
the prisoner with –
(i) a copy of these
Rules,
(ii) a copy of any
directions issued by the Minister under these Rules, and
(iii) written information
regarding the prison regime including, in particular, the procedures for making
requests and complaints and the arrangements for prisoners’
correspondence, telephone calls and visits;
(c) enquire
into any circumstances of the prisoner that may be relevant to the
prisoner’s management within the prison;
(d) in
the case of a convicted prisoner, inform the prisoner of the rights of appeal
against conviction or sentence available under the Court of Appeal (Jersey) Law 1961[12];
(e) in
the case of a prisoner imprisoned in default of payment of a fine or any other
financial penalty awarded by a court in criminal proceedings, inform the
prisoner of the procedures for securing payment of the fine or penalty;
(f) in
the case of a prisoner imprisoned in default of payment of a civil debt, inform
the prisoner of the procedures for securing payment of the debt.
(2) Any
information to be provided under this Rule shall be given to the prisoner in a
language and in terms that the prisoner understands, unless it is not
reasonably practicable to do so.
(3) A
prisoner shall, within 3 hours of his or her reception into the prison, be
interviewed by an officer designated by the Medical Officer for the purpose of
assessing the prisoner’s physical and mental condition and enquiring into
any immediate medical concerns of the prisoner.
(4) A
prisoner shall be interviewed by the Medical Officer –
(a) within
24 hours of his or her reception into the prison (disregarding any Sunday or
public holiday), unless it is impracticable to do so, by reason of any
emergency; and
(b) in
any event, within 72 hours of his or her reception into the prison.
6 Prisoner’s
rights on reception
(1) A
prisoner received into the prison shall be entitled to inform, or have
informed, up to 2 persons and a legal adviser of his or her detention in
custody.
(2) A
prisoner who does not have the right of abode in Jersey shall also be entitled
to inform, or have informed, a diplomatic representative of his or her choice,
of his or her detention in custody.
(3) The
Governor shall ensure that reasonable facilities are made available to a
prisoner for the purposes of paragraphs (1) and (2).
(4) A
convicted prisoner shall be informed of his or her date of release as soon as
this may be calculated and, in any event, within 48 hours of his or her
reception into the prison.
(5) Paragraph
(4) shall not apply in the case of a prisoner sentenced to imprisonment or
custody for life or detained during Her Majesty’s pleasure.
7 Record
of prisoner
(1) The
Governor shall ensure that, as soon as is practicable after a prisoner is
received into the prison, a record shall be made of his or her full name, date
of birth, religious denomination (if any), occupation, profession (if any) and
any distinctive marks or other identifying characteristics of the prisoner.
(2) Subject
to paragraph (3), the Governor shall ensure that a record –
(a) is
used only for the purposes of identification and management of the prisoner
whilst in custody; and
(b) is
kept confidential.
(3) The
Attorney General may require the Governor to retain and release any information
in a record for the purposes of a criminal investigation or criminal
proceedings.
8 Classification
of prisoner
(1) The
Governor may classify a prisoner according to –
(a) age;
(b) sex;
(c) the
period for which the prisoner is committed to prison;
(d) the
offence or matter in respect of which the prisoner is committed to prison;
(e) previous
record; and
(f) the
prisoner’s conduct within the prison.
(2) Where
a prisoner is classified according to the matter described in paragraph (1)(c),
(d), (e) or (f), the Governor shall inform the prisoner, in writing, of the
reasons for the classification.
Accommodation
9 Accommodation
of prisoner in part of prison
(1) Subject
to the requirements of Article 11 of the Law and of any sentence, order or
direction under the Criminal Justice (Young
Offenders) (Jersey) Law 1994[13] the Governor may direct that
a prisoner be accommodated in a specified part of the prison, according to the
prisoner’s classification.
(2) Paragraph
(1) shall not prejudice the Governor’s power to instruct the transfer,
under Article 17 of the Criminal Justice
(Young Offenders) (Jersey) Law 1994, of a person under the age of 21.
10 Number
of prisoners in a cell
(1) When
certifying a cell for use under Article 10 of the Law, the Medical Officer
shall also certify the maximum number of prisoners that may occupy it.
(2) Subject
to paragraph (3), a prisoner shall be allocated –
(a) a
cell for his or her sole occupancy; or
(b) a
cell certified for occupancy by more than one person, provided that the number
of prisoners allocated to that cell does not exceed the number for which it was
certified.
(3) The
Minister may authorize the use of a cell for occupation by more prisoners than
the maximum number for which the cell is certified where there are exceptional
circumstances pertaining in the prison that make such occupation necessary.
(4) Where
the Minister gives an authorization under paragraph (3) –
(a) the
Governor or, on medical grounds, the Medical Officer shall determine which
prisoners are suitable to associate with each other in that cell; and
(b) the
accommodation shall be so shared only for so long as is strictly necessary.
11 Standard
and maintenance of cell
(1) The
Governor shall ensure that a cell –
(a) has
in it a means of communicating with officers; and
(b) is
sufficient in size, lighting, ventilation, heating and furnishings for the
health and safety of the prisoner or prisoners allocated to it.
(2) A
prisoner shall, unless excused by the Governor or, on medical grounds, the
Medical Officer, keep the cell to which he or she is allocated clean and tidy.
(3) This
Rule is in addition to the requirements of Article 10 of the Law.
12 Bedding
(1) The
Governor shall ensure –
(a) that
a prisoner is allocated his or her own bed and sufficient bedding to provide
warmth and sustain health; and
(b) that
bedding is laundered so often as may be necessary to maintain cleanliness.
(2) A
prisoner may provide his or her own bedding only if it is of a type approved by
the Governor, having regard to its suitability and safety standards.
Clothing
13 Prisoner
may wear own clothes
(1) Subject
to this Rule and Rule 15, a prisoner may wear his or her own clothes within the
prison and when lawfully outside the prison.
(2) Any
officer may require a prisoner to wear appropriate protective clothes whilst
the prisoner is engaged in work or any other activity.
(3) The
Governor may require a prisoner to wear prison clothes –
(a) if,
in the opinion of the Governor, the prisoner’s own clothes
are –
(i) in poor
condition,
(ii) unsuited to the
prison environment, or
(iii) prejudicial to good
order and discipline within the prison; or
(b) at
any time when the prisoner is classified as a security risk.
14 Clothes
supplied to prisoner
(1) The
Governor shall make available sufficient appropriate protective clothes for use
by prisoners engaged in work or any other activity.
(2) The
Governor shall supply prison clothes to a prisoner required to wear them or who
does not wish to wear, or does not have, his or her own clothes.
(3) Prison
clothes –
(a) shall,
so far as reasonably practicable, be supplied for the sole use of a prisoner;
(b) shall
be of acceptable appearance and fit;
(c) shall
be maintained in good repair; and
(d) shall
be sufficient in number and kind to enable the prisoner to –
(i) change underwear
and socks daily, and
(ii) launder the
clothes as often as may be necessary to maintain cleanliness and good hygiene.
(4) Subject
to paragraph (5), prison clothes worn by a prisoner whilst lawfully
outside the prison shall not be marked or indicate by any other means that the
person wearing them is a prisoner.
(5) The
Governor may require a prisoner classified as a security risk to wear, within
and outside the prison, prison clothes which are marked or indicate by any
other means the prisoner’s classification.
15 Clothes:
hygiene
(1) The
Governor shall ensure that a prisoner has access to facilities to launder the
clothes that he or she wears so often as may be necessary to maintain
cleanliness and good hygiene.
(2) If
the Medical Officer is of the opinion that a prisoner’s own clothes are,
by reason of their soiled condition, prejudicial to the prisoner’s
health, that officer may require the prisoner to deliver up the
clothes –
(a) for
disinfection; or
(b) if
the condition of the clothes is such that disinfection is likely to be
ineffective, destruction.
(3) A
prisoner who delivers up clothes for disinfection or destruction and has no
other, clean, clothes to wear shall wear prison clothes.
Food
16 Prisoners’
food
(1) A
prisoner may only receive or possess food or drink –
(a) provided
in accordance with this Rule;
(b) purchased
in accordance with these Rules; or
(c) with
the consent of the Governor or Medical Officer.
(2) The
Governor shall ensure that a prisoner is provided, daily, with food and drink
that is –
(a) wholesome,
nutritious, well prepared, well presented and reasonably varied; and
(b) having
regard to the prisoner’s age and health and, so far as is practicable,
the prisoner’s religious or cultural dietary requirements –
(i) sufficient in
quantity, and
(ii) appropriate in
kind.
(3) The
Governor shall, daily, inspect the levels of cleanliness, hygiene and
safety in any area of the prison where food is stored, prepared or served.
17 Prisoner’s
complaint about food
(1) A
prisoner who is of the opinion that he or she has been provided with food or
drink which is of unacceptable quality or insufficient quantity or is
inappropriate in kind –
(a) may
complain to the officer responsible for catering; and
(b) in
the event that the prisoner is further of the opinion that that officer has not
satisfactorily dealt with the complaint, may request that –
(i) the complaint be
referred to the unit manager, and
(ii) the food or drink
be sealed and placed before the unit manager.
(2) The
unit manager shall investigate any complaint referred under
paragraph (1)(b).
Hygiene
18 Prisoner’s
hygiene
(1) A
prisoner shall keep himself or herself clean.
(2) A
prisoner shall not be required to shave, or have his or her hair cut, unless
the Medical Officer is of the opinion that it is necessary to do so on medical
grounds.
19 Facilities
for maintenance of hygiene
(1) The
Governor shall ensure that a prisoner has access to facilities –
(a) to
wash, at all proper times; and
(b) to
have, at least 3 times a week, a hot bath or hot shower.
(2) The
Governor shall ensure that a prisoner is provided with such toiletries as are
necessary for the prisoner’s cleanliness.
(3) The
toiletries provided shall include shaving materials, if requested by the
prisoner and, in the case of female prisoners, sanitary protection.
Medical treatment
20 Medical
Officer to be notified when prisoner ill
An officer shall –
(a) record,
in writing, a request by a prisoner to see the Medical Officer and notify the
Medical Officer of the request without delay; and
(b) notify
the Medical Officer and Governor, without delay, of any prisoner whose physical
or mental condition appears to require the Medical Officer’s attention.
21 Medical
attendance and consultations
(1) The
Medical Officer shall attend a prisoner notified under Rule 20 at such time as
that officer considers necessary to sufficiently address the prisoner’s
request or condition.
(2) The
Medical Officer shall attend a prisoner who is ill or injured at such times and
with such frequency as that officer considers necessary to sufficiently address
the prisoner’s condition.
(3) The
Medical Officer shall visit a prisoner confined to a cell within 24 hours
of the start of the confinement and, after that, daily.
(4) If
the Medical Officer is of the opinion that a prisoner requires a consultation
with or treatment by another doctor, that officer shall inform the Governor and
make arrangements for the consultation or treatment.
(5) If
the Medical Officer is of the opinion that a prisoner requires admission to a
hospital –
(a) the
Medical Officer shall inform the Governor; and
(b) the
Governor shall make arrangements for the prisoner, under the control of an
officer, to be transferred and admitted to the hospital.
22 Medical
records
The Medical Officer shall –
(a) maintain
a record of a prisoner’s medical history and treatment whilst in custody
in the prison; and
(b) when
a prisoner is transferred to another prison establishment, ensure that a copy
of the record is sent with the prisoner.
23 Medical
Officer to notify certain matters
(1) The
Medical Officer shall notify the Governor and the Minister if that officer is
of the opinion that, on medical grounds –
(a) a
prisoner is wholly unfit for detention in the prison;
(b) the
life of a prisoner is threatened by continued detention; or
(c) the
health of a prisoner is such that he or she is unlikely to survive his or her
sentence or period of committal to the prison.
(2) If,
in a case described in paragraph (1), the Medical Officer is further of the opinion
that Article 18(1) of the Law may apply in the prisoner’s case, that
officer shall also notify the Bailiff.
(3) The
Medical Officer shall notify the Governor, without delay, of any matter
regarding a prisoner, the treatment of prisoners, conditions within the prison
or the management of the prison which appears to that officer to require
attention on medical grounds.
(4) The
Medical Officer shall notify the Governor, without delay, if that officer is of
the opinion that a prisoner, by reason of his or her medical
condition –
(a) should
be isolated in specified conditions;
(b) should
not participate in, or should have only restricted participation in, specified
activities;
(c) should
not be confined to a cell; or
(d) should
not be placed under any physical or mechanical restraint.
(5) The
Governor shall, without delay take such steps as may be necessary to give
effect to any matter notified under paragraph (3) or (4).
(6) The
Medical Officer shall notify the Minister if, in that officer’s opinion,
any matter notified under paragraph (3) or (4) has not been sufficiently
addressed.
24 Persons
to be notified when prisoner seriously ill
(1) The
Governor shall ensure that a prisoner who becomes seriously ill, sustains
serious injury or is admitted to hospital is, if possible, informed of the
prisoner’s right to have one or 2 persons informed of his or her
condition.
(2) The
Governor shall ensure that any request made under paragraph (1) is carried out
as soon as is practicable.
(3) If
a prisoner not of full age is seriously ill or seriously injured or admitted to
hospital, the Governor may notify the parent or guardian of the prisoner,
whether or not a request is made under paragraph (1).
25 First
aid
The Governor shall ensure that suitable provision is made in the
prison for giving first aid treatment to prisoners.
26 Untried
and civil prisoners
(1) An
untried prisoner or civil prisoner may request a consultation with a doctor or
dentist, at his or her own expense.
(2) The
Governor shall allow such a request if he or she is satisfied that there are
reasonable grounds for it.
(3) The
consultation shall take place out of the sight and hearing of any officer
unless –
(a) the
doctor or dentist requests otherwise; or
(b) the
Governor is of the opinion that it would be prejudicial to the security or
safety of the doctor or dentist for an officer not to be present.
(4) Where
the doctor or dentist so requests or the Governor is of such opinion, the visit
shall take place within the sight, but not the hearing, of an officer.
Welfare
27 Welfare
of prisoner
The Governor shall ensure that a prisoner is provided with such
assistance and facilities as are practicable to enable the prisoner
to –
(a) maintain
contact and develop relationships with family and friends; and
(b) maintain
contact with other persons and agencies able to provide support to the prisoner
whilst in custody or support and assistance to the prisoner concerning the
prisoner’s rehabilitation following discharge from custody.
Religion
28 Prisoner’s
religion
(1) Subject
to these Rules, a prisoner may –
(a) observe
the requirements and, so far as may be practicable, engage in the practices of
his or her religious denomination or moral beliefs;
(b) attend
any service of his or her religious denomination held in the prison;
(c) be
visited by the chaplain or, if the prisoner is not of the Church of England
faith, by a minister of the prisoner’s religious denomination; and
(d) possess
books and items required for the purposes of sub-paragraphs (a) and (b).
(2) If
the Governor considers that there are exceptional circumstances making it
necessary to do so in the interests of good order and discipline, the Governor
may prohibit a prisoner from –
(a) attending
any service; or
(b) possessing
any book or item for the purposes of paragraph (1)(a) and (b).
29 Facilities
for religious observance
(1) The
Governor shall ensure –
(a) that
facilities are provided and arrangements made for the purposes of Rule 28; and
(b) that
a prisoner is informed of such facilities and arrangements.
(2) The
Governor shall make available for use by prisoners such books and other items
as are, in the Governor’s opinion, appropriate for their religious and
moral welfare.
30 Chaplain’s
duty
(1) The
chaplain shall –
(a) visit
a prisoner as soon as practicable after the prisoner’s reception into the
prison;
(b) visit
a prisoner –
(i) at such intervals
as may be agreed with the prisoner,
(ii) when practicable,
following notification by an officer of a request by the prisoner for a visit;
(c) conduct
religious services and meetings at such times and in such places as the
Governor may authorize; and
(d) when
notified by the Governor of a request by a prisoner for a visit by a minister
of another religious denomination, arrange such a visit.
(2) The
chaplain may, subject to the approval of and any conditions imposed by the
Governor, arrange for another minister to deputize during the chaplain’s
absence.
31 Visit
by chaplain or other minister
(1) A
prisoner who wishes to be visited by the chaplain or a minister of another
religious denomination may make a request for a visit to the Governor.
(2) The
Governor shall, as soon as practicable, inform the chaplain of a request by a
prisoner for a visit by the chaplain or by a minister of another religious
denomination.
(3) A
visit to a prisoner by the chaplain or another minister shall take place out of
the sight and hearing of any officer unless –
(a) the
chaplain or minister requests otherwise; or
(b) the
Governor is of the opinion that it would be prejudicial to the security or
safety of the chaplain or minister for an officer not to be present.
(4) Where
the chaplain or minister so requests or the Governor is of such opinion, the
visit shall take place within the sight, but not the hearing, of an officer.
Privileges and property
32 Privileges
(1) The
Governor shall establish a scheme of privileges for prisoners.
(2) The
scheme may include privileges which apply to prisoners of different
classification.
(3) The
scheme shall make provision for –
(a) the
items of property which, in addition to the items of property approved under
Article 36(1), a prisoner may have –
(i) in his or her
cell, or
(ii) in his or her
possession;
(b) the
arrangements by which a prisoner may purchase items within or from outside of
the prison;
(c) the
use of recreational facilities; and
(d) the
circumstances in which privileges may be withdrawn.
(4) The
scheme and the circumstances in which privileges may be withdrawn shall not
remove, limit or prejudice in any way any right conferred on a prisoner by
these Rules.
(5) The
Governor shall ensure that every prisoner is provided with information, in a
manner which enables the prisoner to understand it, regarding –
(a) the
application of the scheme to the prisoner; and
(b) the
circumstances in which privileges may be withdrawn.
(6) When
the Governor –
(a) withdraws
a privilege enjoyed by a prisoner; or
(b) refuses
to grant a prisoner a privilege enjoyed by other prisoners of the same
classification,
the Governor shall give reasons for the decision.
33 Possession
of tobacco
A prisoner, other than a prisoner under the age of 16, may have in
his or her possession not more than –
(a) 50g
hand-rolling tobacco; and
(b) 200
cigarettes.
34 Reception
of personal property
(1) This
Rule applies to all items of property belonging to a prisoner which are
received into the prison.
(2) The
Governor may –
(a) refuse
to receive any item of property sent to the prison for a prisoner; and
(b) return
any refused item to the sender.
(3) An
item of property belonging to a prisoner which is received into the prison
shall be recorded by an officer in the prisoner’s record unless the
item –
(a) is
edible or perishable; or
(b) was
purchased by the prisoner from a facility provided for the purpose within the
prison.
(4) When
an item of property is recorded, the prisoner –
(a) shall
be given the opportunity to check the accuracy of the record; and
(b) shall
then sign the record.
35 Storage
or disposal of prisoners property
(1) The
Governor shall ensure that items of property belonging to a prisoner which are
received into the prison and which the prisoner is not allowed to keep in his
or her cell are stored so as to be safe, secure and identifiable as the
property of the prisoner.
(2) If
the Governor is of the opinion that an item of property belonging or sent to a
prisoner and received into the prison is prejudicial to health, safety,
security or good order and discipline, the Governor –
(a) shall
notify the prisoner; and
(b) if
it is not reasonably practicable for the prisoner to arrange for the disposal
of the item, may arrange for its disposal or, if the item is perishable, its
destruction.
36 Prisoners
entitlement to property
(1) A
prisoner shall be entitled –
(a) to
keep in his or her cell items of property approved for the purpose; and
(b) to
have in his or her possession items of property approved for the purpose.
(2) The
Governor may approve items of property for the purposes of paragraph (1)(a) or
(b), either in relation to all prisoners or for prisoners of different
classification or description, and shall publish, within the prison, any list
of items so approved.
(3) Notwithstanding
paragraph (1) –
(a) a
prisoner shall not be entitled to keep in his or her cell any item of property
which, in the opinion of the Governor, is incompatible with the size of
the prisoner’s accommodation; and
(b) a
prisoner shall not be entitled to keep in his or her cell or have in his or her
possession any item which, in the opinion of the Governor, is incompatible
with –
(i) health, safety,
security or good order and discipline, or
(ii) any other matter
which the Governor considers relevant.
(4) Where,
under paragraph (3), a prisoner is not entitled to keep an approved item of
property in his or her cell or have an approved item in his or her possession,
the Governor shall inform the prisoner, in writing, of the reasons for the
decision.
37 Prisoner’s
money
(1) The
Governor may authorize a prisoner to have in his or her possession cash not
exceeding an amount specified by the Governor.
(2) The
Governor shall hold on account –
(a) all
money earned by a prisoner whilst in custody; and
(b) all
money received into the prison for a prisoner.
(3) The
Governor may specify the maximum amount of money that may be received into the
prison for a prisoner.
(4) Subject
to paragraph (5), a prisoner may authorize the Governor to withdraw from
the money held on behalf of the prisoner under paragraph (2) –
(a) cash
which the Governor authorizes the prisoner to have in his or her possession;
and
(b) any
amount required for the purchase of an item from a facility provided within the
prison for the purpose or, with the consent of the Governor, from a person
outside the prison.
(5) The
Governor may specify, either for a prisoner or for a description of prisoners –
(a) the
maximum number of withdrawals that may be made in a specified period; and
(b) the
maximum amount that may be withdrawn on any occasion.
(6) The
Governor shall keep a record of all deposits into and withdrawals from the
money held on behalf of the prisoner under paragraph (2).
(7) Nothing
in this Rule shall prevent a prisoner from opening or maintaining an account
with a bank or building society, but the use of the account shall be subject to
paragraphs (4) and (5).
38 Supply
of books, newspapers, etc. to prisoner
Subject to these Rules, a prisoner may arrange, at his or her own
expense, for the delivery to the prison of books, newspapers, magazines and
other periodicals and of writing materials.
Communications
39 Current
affairs
(1) A prisoner
may keep himself or herself informed of current affairs by means
of –
(a) a
radio;
(b) books,
newspapers and periodicals; and
(c) any
other medium permitted by the Governor.
(2) The
Governor may restrict, or impose conditions upon, the exercise by a prisoner of
the right described in paragraph (1) if the Governor is of the opinion that it
is necessary to do so –
(a) to
protect the prisoner from self-harm; or
(b) to
prevent the prisoner harming other persons.
40 Prisoner’s
correspondence
(1) A
prisoner may send and receive letters by means of the postal service.
(2) Subject
to paragraph (3), the Minister may issue directions limiting the number of
letters, other than letters addressed to a court or legal adviser or letters
sent under Rule 97 or 100, which a prisoner may send.
(3) An
untried prisoner shall be entitled to send an unlimited number of letters each
week and any other prisoner shall be entitled to send one letter each week.
(4) The
Minister shall pay the postage on one letter sent by a prisoner each week, in
an amount not exceeding the cost of postage within Jersey or to another place
in the United Kingdom or, if different, to the prisoner’s place of
origin.
(5) The
Governor shall provide a prisoner with a ballpoint pen and, each week, a sheet
of writing paper and an envelope.
(6) An
untried prisoner shall be entitled to receive an unlimited number of letters
each week and any other prisoner shall be entitled to receive one letter each
week.
(7) In
this Rule, “letter” does not include a packet.
41 Opening
prisoner’s correspondence with court or legal adviser
(1) This
Rule applies to a letter which is –
(a) marked
on its exterior with the words “legal correspondence” and the name
of the prisoner to or by whom it is sent; and
(b) either –
(i) addressed to a
court or legal adviser and given by a prisoner to an officer for the purpose of
posting to the court or legal adviser, or
(ii) sent by a court
or legal adviser to a prisoner.
(2) An
officer shall not open the letter unless –
(a) the
officer –
(i) has reasonable
cause to suspect that it contains a prohibited article,
(ii) has explained to
the prisoner to or by whom the letter is addressed the reasons for his or her
suspicion, and
(iii) has recorded, in
writing, the reasons for his or her suspicion; and
(b) the
prisoner is present.
(3) Paragraph
(2) shall not authorize an officer who opens a letter to read it.
(4) The
Governor shall confiscate any prohibited article found in the opened letter.
(5) If
at any time before, during or after the opening of a letter under this Rule,
the officer becomes aware that, although the letter is marked on its exterior
with the words “legal correspondence” and the name of the prisoner,
it is not correspondence between a prisoner and a court or legal adviser, the
letter may be dealt with instead under Rule 43.
(6) In
this Rule, “court” includes the European Commission of Human
Rights, the European Court of Human Rights and the European Court of Justice.
42 Reading
prisoner’s correspondence with court or legal adviser
(1) This
Rule applies to a letter to which Rule 41 applies.
(2) An
officer, apart from the Governor, shall not open the letter for the purpose of
reading it.
(3) The
Governor shall not open the letter and read it unless –
(a) the
Governor has reasonable cause to believe that the letter –
(i) endangers the
security of the prison or the safety of any person, or
(ii) consists of the
commission of a criminal offence or an attempt to commit, or incitement or
conspiracy to commit, a criminal offence;
(b) the
Governor has explained to the prisoner to or by whom the letter is addressed
the reasons for his or her suspicion;
(c) the
Governor has recorded, in writing, the reasons for his or her suspicion; and
(d) the
prisoner is present.
(4) The
Governor shall confiscate any prohibited article found in the opened letter.
(5) The
Governor shall withhold any opened letter which, in the Governor’s
opinion, is of the kind described in paragraph (3)(a).
(6) If
at any time before, during or after the reading of a letter under this Rule,
the Governor becomes aware that, although the letter is marked on its exterior
with the words “legal correspondence” and the name of the prisoner,
it is not correspondence between a prisoner and a court or legal adviser, the
letter may be dealt with instead under Rule 43.
43 Opening
and reading prisoner’s general correspondence
(1) This
Rule applies to a letter sent to or received by a prisoner to which Rules 41
and 42 do not apply or which is to be dealt with under this Rule by virtue of
Rule 41(5) or 42(6).
(2) An
employee authorized to do so by the Governor or any officer may open the
letter.
(3) An
employee authorized to open a letter shall not read it.
(4) An
officer shall not read the letter unless the officer has reasonable cause to
suspect that the letter contravenes Rule 44.
(5) The
Governor shall confiscate any prohibited article found in the opened letter.
(6) If
an officer finds that an opened letter contravenes Rule 44, the officer
may –
(a) prevent
the letter being posted on behalf of or received by the prisoner; and
(b) withhold
the letter and place any item contained in it that is not confiscated under
paragraph (5) with the stored property of the prisoner.
(7) If
at any time before, during or after the opening or reading of a letter under
this Rule, the officer or employee authorized to open the letter becomes aware
that, although the letter is not marked on its exterior with the words
“legal correspondence” and the name of the prisoner, it is
correspondence between a prisoner and a court or legal adviser, the letter
shall be dealt with under Rules 41 and 42.
44 Restrictions
on prisoner’s general correspondence
(1) This
Rule applies to a letter described in Rule 43(1).
(2) A
letter that does not comply with directions under paragraph (3) or contravenes
a prohibition under paragraph (4) contravenes this Rule.
(3) The
Minister may issue directions –
(a) specifying,
in relation to the reading of a letter pursuant to Rule 43(4) –
(i) the circumstances
in which a letter may be read, and
(ii) the officers who
may be authorized to read a letter;
(b) specifying
the times at which, and the frequency with which, a prisoner may send or
receive money and the amounts of money that may be sent or received;
(c) specifying
persons or descriptions of persons with whom prisoners may not correspond;
(d) specifying
conditions applicable to letters addressed to or received from specified
persons; and
(e) specifying
the nature and description of letters, written material and items of property
in general that a prisoner may not send or receive.
(4) The
Governor may prohibit a prisoner corresponding with a specified person if the
Governor has reasonable cause to believe that the correspondence would endanger
the security of the prison or the safety of any person.
(5) Where,
by virtue of any matter specified in directions under paragraph (3), an
officer decides that a prisoner may not send or receive any letter, material or
property, the officer shall inform the prisoner of his or her decision and the
reasons for it.
45 Prisoner’s
use of telephone
(1) Subject
to directions issued under paragraph (7), a prisoner shall have access to a
telephone.
(2) A
prisoner shall pay for any call that he or she makes.
(3) A
telephone call made or received by a prisoner, other than a call to or from the
prisoner’s legal adviser, shall be recorded.
(4) Subject
to directions issued under paragraph (7), an officer may listen to a telephone
call or recording of a telephone call made or received by a prisoner.
(5) An
officer may terminate a malicious telephone call made or received by a
prisoner.
(6) The
Governor shall ensure that, save as permitted by directions issued under
paragraph (7), a recording of a telephone call –
(a) shall
not be released to any person; and
(b) shall
be destroyed 3 months after it is made.
(7) The
Minister may issue directions –
(a) imposing
conditions on the use of a telephone by a prisoner;
(b) specifying
the circumstances in which an officer may or may not listen to a telephone call
or recording of a telephone call made or received by a prisoner;
(c) authorizing,
for any specified purpose, the release or keeping for more than 3 months of a
recording of a telephone call; and
(d) specifying
the circumstances, in addition to those described in paragraph (5), in which an
officer may terminate a telephone call made or received by a prisoner.
(8) Where,
by virtue of any matter specified in directions under paragraph (7), an
officer decides that a prisoner may not use a telephone, the officer shall
inform the prisoner of his or her decision and the reasons for it.
(9) An
officer who terminates a telephone call shall inform the prisoner of the
reasons for the termination.
46 Prisoner’s
right to be visited
(1) A
civil prisoner or an untried prisoner shall be entitled to receive one visit of
at least 90 minutes duration every week, on a day other than Sunday, Christmas
Day or Good Friday.
(2) Any
other prisoner shall be entitled to receive one visit of at least
30 minutes duration every week, on a day other than Sunday, Christmas Day
or Good Friday.
(3) The
right in paragraph (1) or (2) is in addition to any other right to be visited
by any person conferred by these Rules.
(4) The
Governor shall determine the time of the visit under this Rule and the number
of persons permitted, on any occasion, to visit the prisoner.
(5) A
visit under this Rule shall take place within the sight, but out of the
hearing, of an officer.
(6) A
prisoner may receive a visit under this Rule from a prisoner held in another
part of the prison or held in another prison only with the consent of the
Governor and, if different, the governor of the prison in which the other
prisoner is held.
(7) A
convicted prisoner may accumulate up to 26 visits to which the prisoner is
entitled under this Rule.
(8) The
Minister may issue directions permitting civil prisoners and untried prisoners
to receive visits in addition to those to which such prisoners are entitled
under these Rules.
47 Visit
by legal adviser
(1) A
prisoner shall be entitled to receive a visit, at a reasonable time, by a legal
adviser for the purpose of consulting upon any legal matter in which the
prisoner has an interest.
(2) A
legal adviser shall inform the Governor, in advance, of the day on which and
time at which he or she proposes to visit a prisoner.
(3) The
visit shall take place within the sight, but out of the hearing, of an officer.
48 Visit
by police officer or officer of the Impôts
(1) A
police officer or officer of the Impôts may, on producing the written
authority of the Attorney General, visit a prisoner for the purpose
of –
(a) interviewing
the prisoner;
(b) establishing
the identity of the prisoner;
(c) charging
the prisoner with an offence.
(2) A
visit for the purpose of interviewing the prisoner shall take place only with
the consent of the prisoner.
(3) The
visit shall take place within the sight of an officer and, unless the Governor
directs otherwise, within the hearing of an officer.
(4) In
this Rule, “police officer” includes a member of the Honorary
Police.
49 Visit
by diplomatic representative
(1) A
prisoner who does not have the right of abode in Jersey shall be entitled to a
receive a visit, at any reasonable time, by a diplomatic representative of his
or her choice.
(2) A
prisoner who is a refugee or stateless person shall be entitled to receive a
visit, at any reasonable time, from a diplomatic representative of a state
which the prisoner considers may look after his or her interests.
(3) A
prisoner who is a refugee or stateless person may, subject to such reasonable
restrictions as the Governor may impose, contact representatives from
authorities or organizations, whether national or international, whose
principal purpose is to serve the interests of refugees or stateless persons or
to protect the civil rights of such persons.
50 Visit
by person in connection with criminal or civil proceedings
(1) An
untried prisoner shall be entitled to receive a visit, at any reasonable time,
by any person for the purpose of –
(a) the
proceedings for the offence with which the prisoner is charged; or
(b) the
taking of a recognizance or surety as a condition of the prisoner’s bail.
(2) A
civil prisoner shall be entitled to receive a visit, at any reasonable time, by
any person for the purpose of the proceedings in respect of which the prisoner
is committed to prison.
(3) A
prisoner who has been convicted but not sentenced shall be entitled to receive
a visit, at any reasonable time, by any person for the purpose of the
preparation of reports for and representations to the court by which the
prisoner will be sentenced.
(4) A
prisoner who has appealed against a conviction or sentence shall be entitled to
receive a visit, at any reasonable time, by any person for the purpose of the
appeal.
(5) A
convicted prisoner who has been charged with a further offence shall be
entitled to receive a visit, at any reasonable time, by any person for the
purpose of the proceedings in respect of the further charge.
(6) A
person proposing to visit a prisoner pursuant to this Rule shall inform the Governor,
in advance, of the day on which and time at which he or she proposes to make
the visit.
(7) The
Governor shall determine the number of persons permitted, on any occasion, to
visit the prisoner under this Rule.
(8) A
visit under this Rule by a doctor shall take place out of the sight and hearing
of any officer unless –
(a) the
doctor requests otherwise; or
(b) the
Governor is of the opinion that it would be prejudicial to the security or
safety of the doctor for an officer not to be present.
(9) Where
the doctor so requests or the Governor is of such opinion, the visit shall take
place within the sight, but out of the hearing, of an officer.
(10) A visit
under this Rule by a person other than a doctor shall take place within the
sight but, subject to paragraph (11), out of the hearing, of an officer.
(11) The
Governor may direct that a visit under this Rule by a person other than a
doctor shall take place within the hearing of an officer.
51 Visit
by person in connection with disciplinary proceedings
(1) Where –
(a) a
prisoner is charged with a breach of discipline under these Rules;
(b) the
prisoner wishes to call, or is considering calling, a person as a witness at
the inquiry into the charge; and
(c) the
person inquiring into the charge agrees that the prisoner should have the
opportunity to discuss with that person whether the person could give evidence
which would be relevant to the prisoner’s defence,
the prisoner shall be entitled to receive a visit, at any reasonable
time, by that person for the purpose of discussing whether that person could
give evidence which would be relevant to the prisoner’s defence.
(2) The
Governor shall determine the number of persons permitted, on any occasion, to
visit the prisoner under this Rule.
(3) The
visit shall take place within the sight but, subject to paragraph (4), out
of the hearing, of an officer.
(4) The
Governor may, in exceptional circumstances, direct that the visit shall take
place within the hearing of an officer.
52 Restrictions
on visits
(1) Notwithstanding
the rights conferred by Rules 46 to 51, the Governor may prohibit a prisoner
from receiving a visit from any person where, in the opinion of the Governor,
it is necessary to do so in the interests of security or discipline or to
prevent disorder or crime.
(2) The
Governor shall inform the prisoner, in writing, of the reasons for a
prohibition under paragraph (1).
(3) The
Minister may issue directions –
(a) regulating
the issue of visiting orders;
(b) requiring
written undertakings from prisoners and visitors regarding visits and
specifying the terms of such undertakings;
(c) permitting
and regulating the use of surveillance and video cameras to monitor any
visiting area during visits to prisoners;
(d) prohibiting
or restricting the use and restricting the possession of photographic
equipment, sound recording equipment and writing materials by prisoners and
visitors during visits;
(e) prohibiting
or restricting the possession and consumption of food and drink by prisoners
and visitors during visits.
(4) The
Governor may terminate any visit where, in the opinion of the Governor, the
prisoner or any of the prisoner’s visitors has –
(a) failed
to comply with any directions issued under paragraph (3); or
(b) failed,
by his or her conduct during the visit, to comply with any provision of these
Rules.
(5) Where
a visit is terminated under paragraph (4), the Governor shall inform the
prisoner, in writing, of the reasons for the termination.
Work, education, counselling and recreation
53 Assessment
of prisoner for work, education and counselling
The Governor shall, as soon as practicable after a prisoner is
received into the prison –
(a) obtain
reports regarding the prisoner’s wishes and needs in respect of work,
education and counselling; and
(b) after
consideration of the reports, determine a programme of work, education and
counselling for the prisoner with the object of improving –
(i) the
prospects for the prisoner’s successful rehabilitation, and
(ii) the
prisoner’s morale, attitude and self-respect.
54 Prisoner
required to work
(1) A
prisoner shall work within the prison, unless the prisoner is –
(a) of
compulsory school age, within the meaning of Article 2 of the Education
(Jersey) Law 1999[14];
(b) authorized
by the Governor to work outside the prison;
(c) removed
from work under Rule 55(5)(b); or
(d) excused
or exempted under this Rule or Rule 61(3).
(2) A
prisoner may be excused work, or work of a particular kind, by the Governor or,
on medical grounds, the Medical Officer.
(3) A
prisoner shall be excused work at any time when –
(a) the
prisoner is receiving education or counselling provided under these Rules; or
(b) there
is no suitable work available for the prisoner.
(4) An
untried prisoner or civil prisoner shall not be required to work but may apply to
the Governor to work.
(5) If
suitable work is available within the prison, the Governor may authorize an
untried prisoner or civil prisoner to work subject to the same conditions as
apply to a prisoner required to work.
55 Conditions
of work
(1) A
prisoner shall not be required to work for more than 40 hours a week,
disregarding any meal breaks.
(2) A
prisoner shall have at least one day of rest each week on which he or she is
not required to work and does not receive education in lieu of work.
(3) A prisoner
who has declared that he or she belongs to a particular religious
denomination –
(a) shall
be entitled to take his or her weekly rest day on that denomination’s
recognized day of weekly religious observance; and
(b) shall
not be required to work or receive education in lieu of work on such other days
in the year as are recognized days of religious observance for that
denomination.
(4) Paragraph
(3) shall not apply to the extent that the requirements of the prison regime
mean that it is not reasonably practicable to accommodate the arrangements
described in it.
(5) A
prisoner shall be entitled to work within the prison in association with other
prisoners unless the Governor has ordered –
(a) that
the prisoner be removed from association with other prisoners, either generally
or whilst working;
(b) on
grounds of good order and discipline, that the prisoner be removed from work;
or
(c) that
the prisoner be confined to a cell.
(6) A
prisoner shall not, without the Governor’s permission, work in the service
of an officer or employee or another prisoner.
(7) A
prisoner shall be paid for work within the prison at a rate approved by the
Minister.
56 Work
opportunities
(1) The
Governor shall provide a range of opportunities for prisoners to work, having
regard to –
(a) the
interests and rehabilitation of prisoners; and
(b) the
requirements of the prison regime.
(2) The
opportunities for work may include vocational training and work placements
outside the prison.
(3) The
Minister may issue directions specifying –
(a) the
classification or descriptions of prisoners who may be permitted to undertake a
work placement;
(b) the
circumstances in which and the conditions subject to which a work placement may
be arranged; and
(c) the
conditions applicable to a prisoner undertaking a work placement.
57 Education
(1) The
Governor shall arrange a programme of education that, so far as is reasonably
practicable, provides prisoners with opportunities to pursue their interests
and further their rehabilitation.
(2) In
particular, the Governor shall ensure that the programme of education for young
prisoners meets their learning needs and assists them in developing their
potential.
(3) A
prisoner who attends an educational class in lieu of work shall receive any pay
that the prisoner would have received if he or she had worked.
58 Counselling
(1) The
Governor shall, so far as is reasonably practicable, provide prisoners with the
opportunity to receive counselling, either individually or in groups, for the
purpose of furthering their rehabilitation.
(2) A
prisoner who attends for counselling in lieu of work shall receive any pay that
the prisoner would have received if he or she had worked.
59 Time
in the open air and exercise
(1) If
weather permits, and subject to the need to maintain good order and discipline,
a prisoner 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.
(2) A
prisoner shall be given the opportunity, unless passed as unfit by the Medical
Officer, to take part, on a regular basis, in physical recreation, activities
and pursuits which are consistent with the maintenance of good health and
wellbeing.
(3) A
prisoner shall be allowed to spend time in the open air and to take part in
physical recreation, activities and pursuits, in association with other
prisoners, unless –
(a) the
Governor has ordered that the prisoner be removed from association, either
generally, for specified activities or for spending time in the open air or
pending an inquiry into a suspected breach of discipline;
(b) the
Governor has ordered that the prisoner be confined to a cell; or
(c) the
prisoner is serving a punishment of cellular confinement.
(4) The
Governor may order, in writing, that prisoners shall not be given the
opportunities described in paragraph (2) if it appears to the Governor that
exceptional circumstances prevailing in the prison make it impracticable for
prisoners to take part in physical recreation, activities or pursuits.
(5) An
order under paragraph (4) may be revoked by the Governor at any time but, in
any event, shall expire 48 hours after it takes effect unless continued in
force by direction of the Minister.
(6) An
order continued in force by direction of the Minister may be revoked by the
Governor or by further direction of the Minister.
60 Recreation
The Governor shall –
(a) provide
a lending library for prisoners to use;
(b) so
far as is reasonably practicable, provide facilities for prisoners to take part
in recreational activities outside normal working hours; and
(c) determine
when and how often a prisoner may use the recreational facilities, having
regard to the prisoner’s classification and to considerations of
practicability and safety.
Female prisoners
61 Pregnancy
and confinement
(1) The
Medical Officer shall inform the Governor if he or she is of the opinion that a
prisoner who is not of full age is pregnant.
(2) The
Medical Officer shall inform the Governor if he or she is of the opinion that a
prisoner who is of full age is pregnant if –
(a) the
prisoner consents; or
(b) the
prisoner, by reason of illness, is incapable of giving consent and the Medical
Officer has no reason to think that she would withhold consent.
(3) The
Governor shall not, without the consent of the prisoner, notify any relative or
friend of the prisoner of her pregnancy unless –
(a) the
prisoner is not of full age and the Governor considers it appropriate to do so;
or
(b) the
prisoner is incapable, by reason of illness, of giving consent and the Governor
has no reason to think that she would withhold consent.
(4) Where
the Governor is informed, or is otherwise aware, of a prisoner’s
pregnancy, the Governor shall ensure that the prisoner –
(a) is
not required to undertake any work which is of a strenuous nature in the later
stages of her pregnancy;
(b) is
provided with food and drink which takes into account her dietary requirements
during pregnancy; and
(c) where,
by reason of her condition, the prisoner is removed from association with other
prisoners, is –
(i) kept under
supervision to such an extent as is reasonably practicable, or
(ii) required to share
accommodation in a cell with another suitable prisoner where the Governor, on
the advice of the Medical Officer, considers it appropriate.
(5) The
Medical Officer shall arrange for the transfer to hospital of a prisoner for
the purpose of giving birth.
62 Accommodation
of female prisoner's baby
(1) The
Governor may permit a female prisoner whose child is under the age of 9 months
to have the child with her in prison.
(2) The
Governor may, subject to directions issued by the Minister, impose such
conditions on a female prisoner who has her child with her as the Governor
thinks fit.
(3) The
Governor, when imposing conditions, shall –
(a) consider
the facts of the prisoner’s case on their individual merit;
(b) take
account of the rights of the child and mother to respect for their family life;
and
(c) treat
the best interests of the child as the paramount consideration.
(4) The
Governor may, for the purposes of paragraph (3), commission such medical,
social services and other reports as the Governor considers necessary.
(5) The
Governor shall provide a female prisoner who has her child with her with
everything necessary for the child’s maintenance and care, including a
suitable cot.
(6) A
prisoner who has her child with her may, with the consent of the Governor,
arrange at her own or another’s expense for the provision of additional
articles and food for the child’s maintenance and care.
Remission and temporary release
63 Remission
of sentence
(1) This
Rule applies to a prisoner sentenced to imprisonment, whether by one sentence
or by consecutive sentences and to a prisoner committed to prison in default of
payment of a sum adjudged to be paid on a conviction for a term, in either
case, of more than 5 days.
(2) The
Minister may, on the ground of the prisoner’s industry and good conduct,
grant a prisoner remission of a portion of the prisoner’s term of
imprisonment not exceeding one third of the whole.
(3) The
Minister shall not grant remission of a portion of a term of imprisonment so as
to reduce the term to less than 5 days.
64 Temporary
release
(1) The
Minister may temporarily release a prisoner serving a sentence of imprisonment,
for such time or times and subject to such conditions as the Minister may
determine, either –
(a) for
the purpose of the prisoner engaging in employment or receiving instruction or
training; or
(b) in
such other circumstances as may be approved by the Minister.
(2) The
Minister may order the recall of a prisoner who has been temporarily released,
whether or not the prisoner has failed to comply with any condition imposed on
his or her release.
Security and control
65 Duty
of Governor to supervise and control
(1) Subject
to these Rules, the Governor shall be responsible for –
(a) the
supervision of the prison; and
(b) the
control of the prisoners detained in it.
(2) The
Governor shall, as far as practicable, inspect the whole of the prison daily to
ensure that the requirements of these Rules are complied with.
66 Duty
of officer in control
(1) In
the control of prisoners, an officer shall seek to influence, by example
and leadership, and enlist the willing co-operation of prisoners.
(2) An
officer shall not use force unnecessarily when dealing with prisoners and, when
force is necessary, shall not use more force than is necessary.
(3) An
officer shall not act in a manner deliberately calculated to provoke a
prisoner.
67 Removal
from association
(1) The
Governor may order, in writing, that a prisoner be removed from associating
with other prisoners, either generally or during any period that the prisoner
is engaged or taking part in prescribed activities or any specified prescribed
activity.
(2) In
this Rule, “prescribed activity” means –
(a) work
a prisoner is required to undertake under Rule 54;
(b) education
provided under Rule 57;
(c) counselling
provided under Rule 58;
(d) time
in the open air and physical recreation, activities and pursuits undertaken
under Rule 59; and
(e) attendance
at a religious service under Rule 28(1)(b).
(3) The
Governor shall, when making an order under paragraph (1) –
(a) specify
whether the removal from association is in general or in relation to a
specified prescribed activity or activities;
(b) specify
the Governor’s reasons for making the order;
(c) record
the day and time the order is made;
(d) explain
the reasons for making the order to the prisoner; and
(e) give
the prisoner a copy of the order.
(4) An
order made under paragraph (1) shall not have effect to remove a prisoner from
association for more than 72 hours unless authorized under paragraph (5).
(5) The
Minister may, in writing, give authority for an order made under paragraph (1)
to have effect for a maximum of one month.
(6) The
Minister may, on the application of the Governor, renew an authority given
under paragraph (5).
(7) The
Governor –
(a) may
cancel an order made under paragraph (1) at any time that the Governor
considers it appropriate to do so;
(b) may
vary an order made under paragraph (1) so as to reduce the number of prescribed
activities in respect of which the prisoner is removed from association; and
(c) shall
cancel an order made under paragraph (1) if the Medical Officer advises,
on medical grounds, that the Governor should do so.
(8) The
Medical Officer shall visit a prisoner removed from association generally as
soon as practicable after the order is made under paragraph (1) and, after
that, as often as is necessary and at least once in every 7 days.
68 Possession
etc. of prohibited articles
(1) A
prisoner shall not have in his or her possession, or keep, conceal or deposit
anywhere in the prison, any prohibited article.
(2) Notwithstanding
paragraph (1), the Medical Officer may issue a written order authorizing a
named prisoner to receive a specified quantity and description of alcoholic
liquor or controlled drugs.
(3) No
person shall –
(a) convey
or throw into, or conceal or deposit in, the prison, any prohibited article;
(b) convey
any prohibited article to a prisoner; or
(c) conceal
or deposit any prohibited article in any place with a view to its coming into
the possession of prisoner.
(4) The
Governor may seize and detain any prohibited article which, in contravention of
this Rule, is –
(a) found
in the possession of a prisoner or visitor; or
(b) conveyed
or thrown into or concealed or deposited in, the prison.
69 Unauthorized
property
(1) A
prisoner shall not have in his or her possession, or keep, conceal or deposit
anywhere in the prison, any property which the prisoner is not authorized,
under these Rules, to possess or keep.
(2) A
prisoner shall not have in his or her possession in a part of the prison any
property which the prisoner is authorized to have in his or her possession only
in another part of the prison.
(3) No
person shall –
(a) convey
or throw into, or conceal or deposit in, the prison, any property;
(b) convey
any property to a prisoner; or
(c) conceal
or deposit any property in any place with a view to its coming into the
possession of a prisoner.
(4) Paragraph
(3) shall not apply to any property –
(a) which
the Governor has authorized a person to convey into or deposit in the prison or
convey to a prisoner; or
(b) which
consists of a letter or package addressed to a prisoner and sent to the prison
by means of the postal service.
(5) The
Governor may seize and detain –
(a) any
property which a prisoner is not authorized under these Rules to possess or
keep and which is found in the possession of a prisoner or kept, concealed or
deposited in the prison; and
(b) any
property conveyed or thrown into or concealed or deposited in the prison in
contravention of paragraph (3).
(6) A
prisoner under the age of 16 shall not have smoking materials in his or her
possession.
70 Use
of restraints
(1) The
Governor may order that a prisoner be placed under a restraint where it appears
to the Governor that it is necessary to do so in order to restrain a
prisoner –
(a) who
threatens to injure, or is injuring, himself or herself, or others;
(b) who
threatens to damage, or is damaging, property; or
(c) who
threatens to create, or is creating, a disturbance.
(2) The
Governor shall, as soon as practicable, notify the Medical Officer of an order
made under paragraph (1).
(3) The
Medical Officer, on being notified of an order, shall inform the Governor
whether or not he or she agrees with the order.
(4) The
Governor, on being informed that the Medical Officer does not agree with the
order, shall order the restraint to be removed immediately.
(5) The
Medical Officer may order that a prisoner be placed under a restraint where it
appears to that officer necessary to do so to prevent self-injury.
(6) The
Medical Officer shall, as soon as is practicable, notify the Governor of an
order made under paragraph (5).
(7) A
prisoner shall not be placed under a restraint as a punishment.
71 Conditions
of use of restraints
(1) The
Minister shall specify in directions the means of restraint that may be used.
(2) The
Minister may specify in directions –
(a) the
manner in which a restraint is to be applied; and
(b) the
circumstances in which a restraint is to be removed temporarily.
(3) A
prisoner shall not be placed under restraint –
(a) for
any longer than is necessary; and
(b) in
any event, for more than 24 hours, unless authorized, in writing, by the
Minister.
(4) The
Minister, when authorizing the continued use of a restraint, shall –
(a) state
the maximum period for which the restraint may be used;
(b) state
the grounds for authorizing its continued use; and
(c) require
the Medical Officer to visit the prisoner at regular intervals.
(5) An
officer shall visit a prisoner placed under a restraint at least once in every
15 minutes throughout the period the prisoner is under restraint.
(6) The
Medical Officer shall examine a prisoner placed under a restraint immediately
following –
(a) the
application of the restraint; and
(b) the
removal of the restraint (other than for a temporary purpose).
(7) The
Governor shall –
(a) record
the particulars of each case of a prisoner placed under a restraint; and
(b) notify
the Minister of the particulars of each case.
72 Temporary
confinement in a special cell
(1) The
Governor may order the temporary confinement of a prisoner in a special cell
when the prisoner becomes refractory or violent.
(2) A
prisoner shall not be confined to a special cell –
(a) as
a punishment; or
(b) for
any longer than is necessary and, in any event, for any longer than 24 hours.
(3) The
Governor shall –
(a) notify
the Medical Officer, as soon as possible, of an order made under paragraph (1);
and
(b) record
the particulars of the case.
(4) An
officer shall visit a prisoner who is confined under an order made under
paragraph (1) at least once in every 15 minutes throughout the period
the prisoner is confined.
(5) The
Medical Officer shall visit a prisoner who is confined for a period of more
than 15 hours pursuant to an order made under paragraph (1).
73 Admission
and search of visitors
(1) In
this Rule “visitor” includes any person (other than an officer or
employee) visiting the prison or any part of it.
(2) An
officer may ask a person seeking to enter the prison as a visitor –
(a) to
state his or her name and address and the purpose of the visit; and
(b) to
surrender, for the duration of the visit, any article in his or her possession
which the officer considers may be prejudicial to safety, security or good
order and discipline.
(3) An
officer may ask a visitor to consent to a search or searches, in accordance
with this Rule, of –
(a) the
visitor’s person and any of the visitor’s personal possessions;
(b) the
visitor’s open mouth, by visual examination and without the use of force
or any instruments; and
(c) any
vehicle or equipment which is in the visitor’s charge and which the
visitor intends to take into the prison.
(4) Where
a visitor consents to a search or searches under paragraph (3), the search and
further searches may take place –
(a) before
the visitor is admitted to the prison;
(b) at
any time whilst the visitor is in the prison; and
(c) before
the visitor leaves the prison.
(5) A
search under paragraph (3) shall be carried out as expeditiously and decently
as possible.
(6) A
visual examination of a visitor’s open mouth may be carried out by an
officer of either sex.
(7) Any
other search under paragraph (3) shall be carried out –
(a) where
the visitor is under the age of 11, by a female officer;
(b) in
any other case, by an officer of the same sex as the visitor.
(8) A
search of a visitor who is under the age of 14 shall be carried out in the
presence of an accompanying adult.
(9) A
visitor who consents to a search under paragraph (3) shall not be asked to
remove, and the search shall not involve the removal of, any clothing other
than the visitor’s outer coat, jacket, headgear, gloves and footwear.
(10) A search
of a visitor’s personal possessions, including any item of clothing the
visitor is asked to remove, or of any vehicle may, in addition to being carried
out by hand, be carried out –
(a) by
equipment involving –
(i) the application
of a swab or suction device in order to collect particles from the surface of
the possessions or vehicle or anything in the vehicle, and
(ii) the analysis of
such particles in order to ascertain the presence of explosives, controlled
drugs or other prohibited substances;
(b) by
the use of equipment designed to detect metal objects; and
(c) in
accordance with procedures and by any other measures specified in directions by
the Minister.
(11) An
officer may seize and detain any prohibited article found in the course of a
search under paragraph (3).
(12) The
Governor shall ensure that a notice explaining the effect of this Rule and Rule
74 is displayed prominently for the benefit of visitors to the prison.
74 Refusal
of admission and removal of visitors
(1) Without
prejudice to Rule 52, an officer may refuse to admit a visitor or may terminate
a visit and remove the visitor where –
(a) the
visitor refuses to comply with a request under Rule 73(2);
(b) the
visitor fails to verify any information requested under Rule 73(2)(a) to
the satisfaction of the officer;
(c) the
visitor refuses consent to a search under Rule 73 or, having consented, is
obstructive in the course of that search;
(d) the
officer has reasonable grounds to suspect that the visitor has in his or her
possession or is bringing in or taking out, or attempting to bring in or take
out, any article which is not authorized under Rule 69(4) or which may
prejudice safety, security or good order and discipline; or
(e) the
officer considers that the conduct of the visitor is prejudicial to safety,
security or good order and discipline or that it is necessary to terminate the
visit in the interests of good order and discipline or to prevent disorder or
crime.
(2) An
officer who terminates a visit under paragraph (1) shall record the
particulars, including the reasons for the termination.
75 Searches
of persons providing contracted out services
(1) The
Governor may order a search of –
(a) a
person providing contracted out services to the prison, upon the person
entering or whilst in the prison;
(b) any
property in the possession of such a person whilst in the prison or kept by
such a person in any place in the prison; and
(c) any
vehicle of which such a person is in charge or property in the possession of
such a person which that person intends taking into the prison.
(2) A
search under paragraph (1) of any property, including any item of clothing
or vehicle, may, in addition to being carried out by hand, be carried
out –
(a) by
equipment involving –
(i) the application
of a swab or suction device in order to collect particles from the surface of
the possessions or vehicle or anything in the vehicle, and
(ii) the analysis of
such particles in order to ascertain the presence of explosives, controlled
drugs or other prohibited substances;
(b) by
the use of equipment designed to detect metal objects; and
(c) in
accordance with procedures and by any other measures specified in directions by
the Minister.
(3) A
search ordered under paragraph (1) shall not authorize any officer to
require a person to remove any clothing other than the person’s outer
coat, jacket, headgear, gloves and footwear.
(4) An
officer conducting a search ordered under paragraph (1) may use reasonable
force if necessary.
(5) A
search ordered under paragraph (1) shall be carried out, within the
prison –
(a) by
2 officers of the same sex as the person being searched;
(b) out
of sight of any other person; and
(c) as
expeditiously and decently as possible.
76 Viewing
of prison
No person shall be permitted to view the prison unless
authorized –
(a) by
or under Article 3, 5 or 6 of the Law; or
(b) by
the Governor or the Minister.
77 Searches
of prisoners
(1) Every
prisoner may be searched by an officer in accordance with this Rule.
(2) A
search of a prisoner may take the form of –
(a) an
examination of the prisoner’s person and clothing, but without the
removal of clothing;
(b) the
removal and examination of the prisoner’s clothing;
(c) the
visual examination of the external parts of the prisoner’s body following
removal of the prisoner’s clothing; or
(d) the
visual examination of the prisoner’s open mouth, without the use of force
or any instrument.
(3) A
search of a prisoner shall be carried out as expeditiously and decently as
possible.
(4) The
removal of a prisoner’s clothing or examination of the prisoner following
such removal shall be carried out –
(a) by
2 officers of the same sex as the prisoner;
(b) out
of the sight of any other prisoner.
(5) A
visual examination of a prisoner’s open mouth, without the use of force
or any instrument, may be carried out by an officer of either sex.
(6) Any
other search described in paragraph (2) shall be carried out by an officer
of the same sex as the prisoner except that a female officer may, unless the
prisoner objects, carry out a search of a male prisoner.
(7) A
prisoner may be searched at such times and in such circumstances as the
Governor considers necessary.
(8) Except
as provided by paragraph (2)(d), the power to search conferred by this Rule
shall not authorize the physical examination of a prisoner’s body
orifices.
78 Search
of prisoner’s property and cell
(1) An
officer may, at any time, search any item of property belonging to a prisoner.
(2) An
officer may, at such times as the Governor considers necessary, search a
prisoner’s cell and any item of property kept in it.
(3) Paragraphs
(1) and (2), so far as they relate to the opening and reading of letters, are
subject to Rules 41 to 43.
79 Custody
outside prison
(1) A
prisoner required to be taken in legal custody anywhere outside the prison
shall be kept in the custody or under the control of an officer or a police
officer.
(2) A
prisoner in legal custody outside the prison shall, as far as possible, be
protected from public view, insult and curiosity.
Discipline
80 Conduct
constituting a breach of discipline
The Schedule shall have effect to specify conduct that constitutes a
breach of discipline.
81 Report
of suspected breach of discipline
Every suspected breach of discipline shall be reported without
delay, in writing, to the Governor by the officer or employee to whose notice
it has come.
82 Removal
from association pending charge
(1) An
officer who has sufficient grounds for suspecting that a prisoner has committed
a breach of discipline and thinks it appropriate to do so may remove the
prisoner from associating with other prisoners pending the preparation of a
report under Rule 81.
(2) A
prisoner may not be removed from association under paragraph (1) for a period
of more than 72 hours without the authority of the Minister under
paragraph (3).
(3) The
Minister may, in exceptional circumstances, give written authority for a
removal from association under paragraph (1) to have effect for a period
not exceeding one month.
(4) The
Minister’s authority may be renewed from month to month, on an application
by the Governor but shall, in any case, cease to have effect when the Attorney
General has indicated, under Rule 83, that no further action is to be taken in
respect of the officer’s report, or when the charge for the suspected
breach of discipline has been adjudicated.
(5) The
Medical Officer shall visit a prisoner removed from association under
paragraph (1) as soon as practicable and, after that, as often as is
necessary and at least once in every 7 days.
83 Referral
of suspected criminal offence
(1) Where,
upon receiving a report of a suspected breach of discipline or at any time
after that, it appears to the Governor or person inquiring into the charge that
a suspected breach of discipline would also constitute a criminal offence, the
Governor or person inquiring into the charge shall refer the matter to the
Attorney General.
(2) No
further action shall be taken under these Rules in respect of a report referred
to the Attorney General unless the Attorney General has so agreed.
84 Breach
of discipline by prisoner transferred from or to the prison
(1) Where –
(a) a
prisoner reported for a suspected breach of discipline is to be transferred to
a prison outside Jersey before an inquiry can be conducted into any charge for
the suspected breach; or
(b) a
prisoner is reported for a suspected breach of discipline whilst the prisoner
is being transferred to a prison outside Jersey,
no further action in respect of the suspected breach need be taken
under these Rules and the Governor may, in place of such action, remit a report
of the matter to the governor of the prison to which the prisoner is
transferred.
(2) Where
a prisoner is transferred to the prison from a prison outside Jersey and the
Governor receives from the governor of the transferring prison a report of a
suspected breach of discipline by the prisoner –
(a) which
has not been inquired into at the transferring prison, by reason of the
prisoner’s transfer; or
(b) which
occurred whilst the prisoner was being transferred,
the Governor may deal with the report as if it had been made under
Rule 81.
(3) If
a prisoner transferred from a prison outside Jersey is charged under these
Rules with a breach of discipline contrary to paragraph (25) of the Schedule in
respect of a controlled drug in circumstances where –
(a) the
controlled drug specified in the charge may have been administered to the
prisoner before the prisoner’s reception into the prison in Jersey; but
(b) the
prisoner was detained in another prison throughout the period during which the
drug might have been administered,
the matter may be dealt with under these Rules as if the controlled
drug alleged to have been administered had been administered whilst the
prisoner was in prison in Jersey.
(4) Where –
(a) a
prisoner who provided a sample for analysis was, at that time, an untried
prisoner;
(b) the
prisoner was detained in a prison outside Jersey throughout the period during
which the drug might have been administered;
(c) following
an analysis of the sample there are grounds for believing that the prisoner was
guilty of a breach of discipline in respect of a controlled drug contrary to
paragraph (25) of the Schedule;
(d) following
provision of the sample the prisoner is convicted and sentenced to
imprisonment; and
(e) the
prisoner is transferred to the prison in Jersey,
the matter may be dealt with under these Rules as if the controlled
drug alleged to have been administered, had been administered whilst the
prisoner was in prison in Jersey.
85 Disciplinary
charge
(1) Subject
to Rule 83, on receiving a report under Rule 81, the Governor shall determine
whether or not the prisoner is to be charged with a breach of discipline.
(2) Where
a prisoner is to be charged, the Governor shall bring the charge as soon as
practicable and, in any event, within 48 hours of receiving the report under
Rule 81.
(3) The
Governor shall bring a charge by giving written notice of it to the prisoner at
least 2 hours before the start of the inquiry into the charge.
(4) Where
an officer reports to the Governor a suspected breach of discipline by an
untried prisoner whose trial is due to start the following day or has already
started, the Governor may defer bringing a charge until the trial is concluded.
(5) Where
a prisoner described in paragraph (4) is sentenced to imprisonment and is to be
charged with a breach of discipline, the Governor shall bring the charge within
the 48 hours following the time when sentence is passed.
86 Person
to inquire into charge
(1) Subject
to this Rule, the Governor shall inquire into a charge.
(2) Where
the Governor, otherwise than in his or her capacity as Governor, is an
interested party to a charge, the Governor shall refer the charge to another
officer –
(a) who
is of the seniority of senior unit manager or higher; and
(b) who
is not an interested party to the charge.
(3) The
Governor shall inform the prisoner, in writing, of a referral to another
officer.
87 Inquiry
into charge
(1) Save
in exceptional circumstances, a charge shall be inquired into no later than the
day after the charge is brought (disregarding any day that is a Sunday or
public holiday).
(2) The
person inquiring into a charge shall be satisfied, before commencing the
inquiry, that the prisoner has had sufficient time to prepare his or her case.
(3) The
person inquiring into a charge may adjourn the inquiry –
(a) to
allow the prisoner further time to prepare his or her case; or
(b) whenever
the person considers that there are other, reasonable grounds for adjournment.
(4) A
prisoner charged with a breach of discipline shall be given the
opportunity –
(a) to
hear the allegations against the prisoner;
(b) to
present the prisoner’s own case and, subject to paragraph (7), call
witnesses; and
(c) to
cross-examine any other witnesses.
(5) The
person inquiring into a charge –
(a) may,
in the interests of justice, allow the prisoner to be represented by an
advocate or a solicitor, having regard to –
(i) the gravity of
the charge and the likely punishment,
(ii) the number of
charges,
(iii) the factual complexity
of the charges,
(iv) the likelihood of a
point of law arising,
(v) the need for
cross-examination of witnesses,
(vi) the ability of the
prisoner to present his or her own case effectively;
(b) shall
allow the prisoner to be represented by an advocate or solicitor where it
appears to the person inquiring into the charge that the charge is so serious
that a punishment of forfeiture of remission should be imposed.
(6) Where
a prisoner is represented by an advocate or a solicitor, the case against the
prisoner may be presented by an advocate or a solicitor.
(7) The
person inquiring into a charge may refuse to allow the prisoner to call a
witness if, having discussed the matter with the prisoner, the person inquiring
into the charge reasonably concludes that the evidence likely to be given by
the witness would be of no relevance or value in determining whether or not the
charge is proved.
(8) Where,
following an adjournment, the person inquiring into the charge is unable to
proceed at the appointed time –
(a) the
Governor may appoint another officer under Rule 86; and
(b) the
person so appointed may, subject to paragraph (9), continue the inquiry into
the charge.
(9) Where,
at the time of the adjournment, evidence has been adduced, the officer
appointed shall inquire into the charge afresh.
(10) The
prisoner may, according to the prisoner’s own preference, stand or be
seated during the inquiry.
88 Adjudication
of charge
(1) Subject
to this Rule, the person inquiring into a charge may take into account any
evidence in any form.
(2) The
person inquiring into a charge may only take into account the evidence of a
person who has not given oral evidence if the prisoner so agrees.
(3) The
person inquiring into a charge shall, at the conclusion –
(a) consider
whether the charge has been proved beyond reasonable doubt; and
(b) inform
the prisoner, orally, of his or her decision.
(4) Where
the person inquiring into a charge finds the prisoner guilty of a breach of
discipline, that person shall, before considering whether to impose a
punishment, give the prisoner an opportunity to make a plea in mitigation.
(5) The
person inquiring into the charge shall given the prisoner written confirmation
of his or her decision and of the punishment imposed (if any) as soon as
possible after the decision is made.
89 Defence
to charge under paragraph (25) of Part 1 of the Schedule
(1) It
shall be a defence for a prisoner charged with a breach of discipline under
paragraph (25) of Part 1 of the Schedule in respect of a controlled drug to
show that –
(a) the
controlled drug was –
(i) prior to its
administration, lawfully in the prisoner’s possession for the
prisoner’s use, or
(ii) administered to
the prisoner in the course of a lawful supply of the drug to the prisoner by
another person;
(b) the
controlled drug was administered by or to the prisoner in circumstances in
which the prisoner did not know and had no reason to suspect that such a drug
was being administered; or
(c) the
controlled drug was administered –
(i) by or to the
prisoner under duress, or
(ii) to the prisoner
without the prisoner’s consent,
in circumstances where it was not reasonable for the prisoner to
have resisted.
(2) Where,
for the purposes of paragraph (1), a prisoner adduces evidence which is
sufficient to raise an issue with respect to any of the matters in
sub-paragraphs (a) to (c) of that paragraph, the person inquiring into the
charge shall assume that the defence is satisfied unless the person presenting
the charge proves beyond reasonable doubt that it is not.
90 Punishments
(1) Where
the person inquiring into a charge finds a prisoner guilty of a breach of
discipline, he or she may impose one or more of the following
punishments –
(a) a
caution;
(b) forfeiture,
for a period not exceeding –
(i) in the case of a
young person, 21 days, or
(ii) in any other
case, 42 days,
of any privileges granted under the system of privileges applicable
to the prisoner;
(c) in
the case of a prisoner otherwise entitled to them, forfeiture for any period of
the right, under Rule 36(1), to have the articles there mentioned;
(d) exclusion
from associated work for a period not exceeding 21 days;
(e) stoppage
of or a deduction from earnings for a period not exceeding –
(i) in the case of a
young person, 42 days, or
(ii) in any other
case, 84 days;
(f) cellular
confinement for a period not exceeding –
(i) in the case of a
young person, 10 days, or
(ii) in any other
case, 21 days;
(g) removal
from the prisoner’s wing or living unit for a period not
exceeding –
(i) in the case of a
young person, 21 days, or
(ii) in any other
case, 28 days;
(h) forfeiture
of not more than 21 days of remission of the prisoner’s term of
imprisonment.
(2) In
this Rule “young person” means a prisoner who, at the time the
breach of discipline is committed, is under the age of 21.
91 Punishments:
general provisions
(1) A
caution shall not be combined with any other punishment for the same charge.
(2) Subject
to paragraph (3), where a prisoner is found guilty of more than one breach
of discipline arising out of an incident, the punishments imposed under Rule 90
(apart from cellular confinement) may be ordered to run consecutively.
(3) In
the case of a punishment of forfeiture of remission, the total period remitted
in respect of breaches of discipline arising out of an incident shall not
exceed 21 days.
(4) Where
a punishment of cellular confinement is imposed –
(a) the
person imposing the punishment shall inform the Medical Officer as soon as
possible; and
(b) any
entitlement of the prisoner under these Rules shall not, by reason only of such
confinement, be affected, except insofar as expressly provided in a direction
issued by the Minister.
(5) A
person imposing a punishment shall have regard to any guidelines issued or
adopted by the Minister as to the level of punishment that should normally be imposed
for a particular breach of discipline.
92 Suspended
punishments
(1) The
powers to impose punishments under these Rules (apart from a caution) include a
power to direct that the punishment shall not take effect unless, during such
period of the prisoner’s sentence as shall be specified in the
direction –
(a) the
prisoner commits another breach of discipline; and
(b) a
further direction is given under paragraph (3).
(2) The
period specified under paragraph (1) shall not exceed 3 months in the case of an
untried prisoner or 6 months in any other case.
(3) Where
a prisoner is found guilty of a breach of discipline committed during a period
specified in a direction under paragraph (1), the person inquiring into the
later breach may –
(a) direct
that the suspended punishment take effect;
(b) reduce
the period or amount of the suspended punishment and direct that it take effect
as so reduced;
(c) vary
the direction under paragraph (1) by substituting for the period of
suspension specified a period, commencing with the date of variation and not
exceeding the period applicable under paragraph (2); or
(d) give
no direction with respect to the suspended punishment.
93 Review
of punishment following application under Mental Health (Jersey) Law 1969
(1) Where,
under the Mental Health (Jersey) Law 1969[15], a prisoner on whom there
has been imposed a punishment of forfeiture of remission becomes liable to be
detained by virtue of an application for admission for treatment or subject to
guardianship by virtue of a guardianship application, the Governor shall review
the punishment.
(2) The
Governor –
(a) shall
consult with the prisoner’s responsible medical officer for the purpose
of assessing whether the breach of discipline in respect of which the
punishment of forfeiture of remission was imposed may have been committed
whilst the prisoner was suffering from mental disorder; and
(b) having
regard to the consultation, may reduce the punishment or direct that it shall
have no effect.
(4) Where
the Governor reduces the punishment or directs that it shall have no effect,
the Governor shall forthwith notify –
(a) the
prisoner; and
(b) the
managers of the hospital in which the prisoner is liable to be detained or
required to reside or, as the case may be, the person with whom the prisoner is
required to reside.
(5) In
this Rule, “responsible medical officer” has the same meaning as in
the Mental Health (Jersey) Law 1969.
94 Appeal
against inquiry into charge
(1) A
prisoner found guilty of a breach of discipline may appeal in writing, within
14 days of the finding, to the Chairman of the Board of Visitors –
(a) against
the finding of guilt and the punishment imposed for it; or
(b) against
the punishment only.
(2) The
Chairman of the Board of Visitors shall appoint a panel to hear an appeal.
(3) A
panel shall consist of at least 3 members of the Board of Visitors, none of
whom may have an interest in the charge being appealed against, one of whom
shall be appointed by the Chairman of the Board of Visitors to chair the panel.
(4) The
panel shall hear the appeal within 7 days of the Chairman of the Board of
Visitors receiving it.
(5) The
prisoner may attend the hearing and make representations to the panel.
(6) The
person chairing the hearing by the panel –
(a) shall
allow the prisoner to be represented by an advocate or solicitor where a
punishment of forfeiture of remission has been imposed on the finding of guilt;
(b) may,
in the interests of justice, allow the prisoner to be represented by an
advocate or solicitor, having regard to –
(i) the gravity of
the breach of discipline of which the prisoner has been found guilty,
(ii) the number of
breaches of discipline of which the prisoner has been found guilty,
(iii) the complexity of the
facts on which the finding of guilt has been made or on which the appeal is
made,
(iv) any point of law that
arose on the finding of guilt or the likelihood of a point of law arising on
the appeal,
(v) the need for
cross-examination of witnesses during the appeal,
(vi) the ability of the
prisoner to present his or her appeal effectively.
(7) A
prisoner who is not represented by an advocate or solicitor may be assisted at
the hearing by –
(a) an
officer or employee; and
(b) where
the person chairing the panel is satisfied that there are exceptional circumstances,
by another prisoner;
(8) A
prisoner who wishes to be represented by an advocate or solicitor in a case
described in paragraph (6)(b), or who intends to be assisted by another person
pursuant to paragraph (7), or to call witnesses, shall give written notice to
the panel, stating the reasons why such representation, assistance or witnesses
are, in the prisoner’s opinion, necessary.
(9) Where
the prisoner is represented by an advocate or solicitor, the Governor may be
represented by an advocate or a solicitor.
(10) Subject
to paragraph (11), the prisoner, or the advocate or solicitor representing
the prisoner, may –
(a) call
witnesses; and
(b) ask
questions of any person giving evidence at the hearing.
(11) The
person chairing the hearing by the panel –
(a) may
refuse to allow the prisoner to call a witness if, having discussed the matter
with the prisoner, the person chairing the hearing by the panel reasonably
concludes that the evidence likely to be given by the witness would be of no
relevance or value in determining whether or not the appeal should be allowed;
and
(b) shall
inform the prisoner of the decision before the hearing commences.
(12) The
prisoner may, according to the prisoner’s preference, stand or be seated
during the hearing.
(13) At the conclusion
of the hearing, the panel shall consider the appeal and may –
(a) quash
any finding of a breach of discipline; or
(b) remit
or mitigate any punishment (unless the period for which the punishment was
imposed has expired before the conclusion of the hearing).
(14) The
panel shall –
(a) inform
the prisoner, orally, of its decision at that time; and
(b) give
the prisoner written confirmation of the decision as soon as possible after
that.
(15) The
person chairing the hearing by the panel shall inform the Chairman of the Board
of Visitors and the Governor of the decision.
(16) The
Governor shall take any action required to give effect to the decision of the
panel.
(17) The
Chairman of the Board of Visitors shall report decisions of panels to the Minister
at intervals of no longer than 6 months.
(18) The
Minister shall publish decisions of panels in such manner and at such frequency
as he or she considers appropriate.
(19) If the
Chairman of the Board of Visitors is absent or incapacitated, or has an
interest in the charge being appealed against, the Vice Chairman of the Board
of Visitors shall discharge the Chairman’s functions under this Rule, and
references in this Rule to the Chairman of the Board of Visitors shall be
construed accordingly.
95 Records
destroyed where finding quashed
Where a finding of a breach of discipline is quashed, the Governor
shall destroy any record in the prisoner’s record which relates to the
alleged breach of discipline unless the record or part of it relates to any other
finding of a breach of discipline which continues to form part of the
prisoner’s record.
96 Request
for restoration of forfeited remission
(1) A
prisoner may make a written request to the Governor for any remission of the
prisoner’s term of imprisonment forfeited under these Rules to be
restored.
(2) The
Governor shall not consider a request before the relevant period has elapsed.
(3) The
relevant period is, in any prisoner’s case, the period which, in the
opinion of the Governor, represents a sufficiently large proportion of the
period of the prisoner’s term of imprisonment remaining to be served
after the day on which the punishment of forfeiture was imposed.
(4) The
Governor may grant a request, either in whole or in part, if the Governor is of
the opinion that –
(a) the
prisoner’s conduct has been exemplary throughout the relevant period; or
(b) the
prisoner has at any time during the relevant period demonstrated meritorious
conduct which by itself justifies the grant of the request.
(5) The
Governor shall inform the prisoner, in writing, of his or her decision within 7
days of whichever is the later of –
(a) the
day the relevant period elapsed; or
(b) the
day the prisoner made the request.
(6) Where
the Governor refuses a request or grants a request in part only –
(a) the
prisoner may make a further request at any time; and
(b) whether
or not the prisoner has made a further request, the Governor may further
consider and make a decision in the case at any time.
Requests and complaints
97 Prisoner's
right to contact Minister and Board of Visitors
(1) A
prisoner may make a request to –
(a) see
a member of the Board of Visitors; or
(b) write
to a member of the Board of Visitors or to the Minister.
(2) The
officer to whom a request is made under paragraph (1)(a) shall –
(a) without
delay, record the request in writing; and
(b) arrange
for the request to be brought to the attention of, as required, a member of the
Board of Visitors.
(3) The
officer to whom a request is made under paragraph (1)(b) shall –
(a) without
delay, record the request in writing; and
(b) ensure –
(i) that the prisoner
is supplied with a pen and paper for the purpose, and
(ii) that the letter
is posted or otherwise conveyed without delay to the person to whom it is
addressed.
98 Prisoner's
right to complain
(1) Subject
to paragraph (2), prisoner may make a complaint –
(a) to
the Medical Officer, in accordance with Rule 99, where the complaint concerns
any aspect of the care provided by the Medical Officer at the prison;
(b) to
the Minister, in accordance with Rule 100, where the complaint
concerns –
(i) the transfer of
the prisoner or a refusal to transfer the prisoner from the prison to a prison
outside Jersey,
(ii) an allegation
against the Governor personally, or
(iii) the prisoner’s
release on licence;
(c) in
the case of any other complaint, to the Governor, in accordance with Rule 101.
(2) The
complaint must be made within 28 days of the event or circumstances to
which the complaint relates or, if later, within 28 days of the prisoner
becoming aware of such event or circumstances.
(3) The
prisoner shall be entitled to such assistance in writing the complaint or
referral from an officer appointed by the Governor for the purpose as is
reasonably practicable in the circumstances.
99 Complaint
to Medical Officer
(1) A
prisoner wishing to make a complaint to the Medical Officer concerning any
aspect of the care provided by the Medical Officer at the prison shall do so in
writing and give the complaint, in a sealed envelope, to an officer.
(2) The
officer to whom the envelope is given shall convey it to the Medical Officer
without delay.
(3) The
Medical Officer shall –
(a) as
soon as is reasonably practicable after receiving the complaint, inform the
Governor that the complaint has been made;
(b) consider
the complaint and, unless it is not reasonably practicable to do so, inform the
prisoner of his or her decision within 7 days of receiving the complaint;
and
(c) inform
the Governor that the prisoner has been notified of the decision.
(4) A
prisoner who is dissatisfied with a decision of the Medical Officer may, within
7 days of being informed of the decision, refer the complaint, in writing,
to the Minister.
(5) The
Minister shall –
(a) consider
the complaint within 28 days of the date the Minister receives the
complaint, unless it is not reasonably practicable to do so; and
(b) inform
the prisoner, the Medical Officer and the Governor, in writing, of his or her
decision.
(6) The
Medical Officer and Governor shall each take any action required to give effect
to the decision of the Minister.
100 Complaint to
Minister
(1) A
prisoner wishing to make a complaint to the Minister concerning any matter
described in Rule 101(1)(b) shall do so in writing and give the complaint, in a
sealed envelope, to an officer.
(2) The
officer to whom the envelope is given shall ensure that it is posted or
otherwise conveyed to the Minister without delay.
(3) The
Minister shall –
(a) consider
the complaint within 28 days of the date the Minister receives the complaint,
unless it is not reasonably practicable to do so; and
(b) inform
the prisoner and the Governor, in writing, of his or her decision.
(4) The
Governor shall take any action required to give effect to the decision of the
Minister.
101 Complaint to
Governor
(1) A
prisoner wishing to make a complaint to the Governor shall do so in writing and
give the complaint, in a sealed envelope, to an officer.
(2) The
officer to whom the envelope is given shall convey it to the Governor without
delay.
(3) The
Governor shall consider the complaint and inform the prisoner of his or
her decision within 7 days of receiving the complaint.
(4) A
prisoner who is dissatisfied with a decision of the Governor may, within
7 days of being informed of the decision, refer the complaint, in writing,
to the Minister.
(5) The
Minister shall –
(a) consider
the complaint within 28 days of the date the Minister receives the
complaint, unless it is not reasonably practicable to do so; and
(b) inform
the prisoner and the Governor, in writing, of his or her decision.
(6) The
Governor shall take any action required to give effect to the decision of the
Minister.
Discharge or transfer of prisoners
102 Preparation
for discharge
(1) At
least one week before a prisoner is discharged, the prisoner shall be seen by
an officer approved by the Governor for the purpose, to discuss any needs that
the prisoner may have on release.
(2) A
prisoner may request a visit from any person, during the week before the
prisoner is discharged, for the purpose of assisting the prisoner with his or
her preparation for discharge.
103 Medical
assessment prior to discharge or transfer
At least one week before a prisoner is discharged or transferred to
another prison, the Medical Officer shall conduct a full examination of the
prisoner to determine the prisoner’s wellbeing and fitness for discharge
or such transfer.
104 Provision of
clothing and return of property
(1) A
prisoner’s clothing and any property stored under Rule 35 shall be
returned to the prisoner at the time of his or her discharge or transfer to
another prison.
(2) The
Governor shall ensure that a prisoner who, at the time of his or her discharge
or transfer to another prison, does not have sufficient clothing is provided
with clothing suitable for that purpose.
105 Payment of
fines, etc.
A prisoner imprisoned in default of payment of a fine or any other
financial penalty awarded by a court in criminal proceedings or default of
payment of a civil debt may make payment to the Governor, in cash, of any
amount outstanding in order to secure the prisoner’s release from prison.
Officers and employees
106 Power of
Governor to delegate
(1) The
Governor may appoint another officer to discharge the Governor’s
functions at any time when the Governor is absent.
(2) An
officer appointed under paragraph (1) shall, in the Governor’s
absence, discharge all the functions of the Governor.
(3) The
Governor may delegate any specified function under these Rules to any officer
but the delegation shall not prevent the discharge of the functions by the
Governor.
(4) Any
reference to the Governor in these Rules includes an officer discharging the
Governor’s functions and, as the context may require, an officer to whom
a specified function of the Governor has been delegated under paragraph (3).
107 Duty of
officers and employees
Every officer and every employee shall –
(a) conform
to these Rules;
(b) obey
the lawful instructions of the Governor and of the Minister; and
(c) inform
the Governor, without delay, of any suspected breach of these Rules, or any
other abuse or impropriety, which comes to his or her knowledge.
108 Fees and
gratuities
No officer or employee shall, without the authority of the
Governor –
(a) receive
any fee, gratuity or other consideration in connection with the office or
employment;
(b) directly
or indirectly have any interest in any contract in connection with the prison
or any other prison; or
(c) receive
any fee, gratuity or other consideration from or on behalf of any contractor
at, or any person tendering for a contract in connection with, the prisoner or
any other prison.
109 Transactions
with prisoners or connected with prison
(1) No
officer or employee shall, without the authority of the Minister, take part in
any business or pecuniary transaction with or on behalf of a prisoner.
(2) No
officer or employee shall, without the authority of the Governor –
(a) 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 any prisoner, any article whatsoever; or
(b) deposit
in any place, with intent that it shall come into the possession of any
prisoner, any article whatsoever.
110 Searches of
officers and employees
(1) The
Governor may order a search of –
(a) an
officer or employee;
(b) any
property in the possession of such a person whilst in the prison or kept by
such a person in any place in the prison; and
(c) any
vehicle of which such a person is in charge or property in the possession of
such a person which that person intends taking into the prison.
(2) A
search under paragraph (1) of any property, including any item of clothing
or a vehicle, may, in addition to being carried out by hand, be carried
out –
(a) by
equipment involving –
(i) the application
of a swab or suction device in order to collect particles from the surface of
the property or vehicle or anything in the vehicle, and
(ii) the analysis of
such particles in order to ascertain the presence of explosives, controlled
drugs or other prohibited substances;
(b) by
the use of equipment designed to detect metal objects; and
(c) in
accordance with procedures and by any other measures specified in directions by
the Minister.
(3) A
search ordered under paragraph (1) shall not authorize any officer to
require the person being searched to remove any clothing other than outer coat,
jacket, headgear, gloves and footwear.
(4) An
officer conducting a search ordered under paragraph (1) may use reasonable
force if necessary.
(5) A
search ordered under paragraph (1) shall be carried out, within the
prison –
(a) by
2 officers of the same sex as the person being searched;
(b) out
of sight of any other person; and
(c) as
expeditiously and decently as possible.
111 Communications
to the press and others
(1) No
officer or employee shall, without the authority of the Governor, communicate
directly or indirectly with a representative of the press or any other person
concerning matters which have become known to the officer or employee in the
course of his or her duties.
(2) No
officer or employee shall, without the authority of the Governor or in such
circumstances as may be authorized by directions issued by the Minister,
publish any matter or make any public pronouncement relating to the
administration of the prison or to any person lawfully detained there.
112 Code of
conduct
(1) The
Minister may approve a code regulating the conduct and discipline of officers
and employees.
(2) The
code may include different provision for different descriptions of officers and
employees.
(3) The
code may include provisions regulating –
(a) the
procedures applicable where it is suspected that an act by an officer or
employee may constitute misconduct;
(b) the
disciplinary action which may be taken against an officer or employee whose act
is found to have constituted misconduct; and
(c) the
rights of appeal of any officer or employee against such a finding.
Closing provisions
113 Repeals
The following Rules shall be repealed –
(a) Prison
(Jersey) Rules 1957[16];
(b) Prison
(Amendment) (Jersey) Rules 1964[17];
(c) Prison
(Amendment No. 2) (Jersey) Rules 1972[18];
(d) Prison
(Amendment No. 3) (Jersey) Rules 1974[19];
(e) Prison
(Amendment No. 4) (Jersey) Rules 1974[20];
(f) Prison
(Amendment No. 6) (Jersey) Rules 1977[21];
(g) Prison
(Amendment No. 7) (Jersey) Rules 1978[22];
(h) Prison
(Amendment No. 8) (Jersey) Rules 1981[23];
(i) Prison
(Amendment No. 9) (Jersey) Rules 1985[24];
(j) Prison
(Amendment No. 10) (Jersey) Rules 1986[25];
(k) Prison
(Amendment No. 11) (Jersey) Rules 1991[26];
(l) Prison
(Amendment No. 12) (Jersey) Rules 1993[27];
(m) Prison
(Amendment No. 13) (Jersey) Rules 1993[28];
(n) Young
Offender Institution (Jersey) Rules 1994[29].
114 Citation and
commencement
These Rules may be cited as
the Prison (Jersey) Rules 2007 and shall come into force on 31st January 2007.
senator w. kinnard
Minister for Home Affairs