Prison (Amendment No. 2) (Jersey) Rules 2017
Made 31st August 2017
Coming into force 7th
September 2017
THE MINISTER FOR HOME AFFAIRS, in pursuance of Article 29 of the
Prison (Jersey) Law 1957[1], has made the following Rules –
1 Interpretation
In these “Prison Rules” means the
Prison (Jersey) Rules 2007[2].
2 Rule 1
amended
In Rule 1(1) of the Prison Rules –
(a) after
the definition “Minister” there shall be inserted the following
definition –
“ ‘Monitoring
Board’ means the Independent Prison Monitoring Board;”;
(b) after
the definition “public holiday” there shall be inserted the
following definition –
“ ‘unauthorized
article’ has the meaning given in Rule 2;”.
3 Rule 2
substituted
For Rule 2 of the Prison Rules there shall be substituted the
following Rule –
“2 Prohibited
articles and unauthorized articles
(1) In these Rules, ‘prohibited article’
means –
(a) a Grade 1 item, within the meaning of Article 24
of the Law;
(b) a Grade 2 item, within the meaning of Article 25
of the Law.
(2) In these Rules ‘unauthorized article’
means –
(a) any of the following Grade 3 items, within
the meaning of Article 25A of the Law –
(i) any
article that is pornographic in nature,
(ii) any
article that may incite hatred against a group of persons, defined by reference
to colour, race, nationality (including citizenship), ethnic or national
origins, religious beliefs (or non-belief), gender or sexual orientation,
(iii) any
amphibian, bird, fish, mammal or reptile;
(b) any other item in respect of which
the Governor has not given a written order approving or authorizing the item to be inside the prison, including (but not confined
to) –
(i) any
conveyance, whether or not mechanically propelled,
(ii) any
food or drink not falling within Rule 16(1)(a) to (c),
(iii) any
tool or article made or adapted for use in the construction, deconstruction,
maintenance or repair of another article,
(iv) tobacco,
(v) money,
(vi) clothing,
(vii) any
paper, letter or book.”.
4 Rule 3
amended
For Rule 3(4) of the Prison Rules there shall be substituted
the following paragraph –
“(4) An order of a court for the
remand of the prisoner in custody shall state the offence with which the
prisoner has been charged or of which the prisoner has been convicted and –
(a) if the court has stated the day and time the prisoner is to be next produced before the
court, the order shall state that time and date; and
(b) if the court has not stated the day and time
the prisoner is to be next produced before the court, the order shall state
that the prisoner is to be next produced before the court at such date and time
that the court notifies to the Governor.”.
5 Rule 5
amended
In Rule 5 of the Prison Rules –
(a) for
paragraph (1)(b) there shall be substituted the following
sub-paragraph –
“(b) provide the prisoner with –
(i) written
information regarding where the prisoner may have access to a copy of the Law, these
Rules and any directions issued by the Minister under these Rules, and
(ii) 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;”;
(b) for
paragraphs (3) and (4) there shall be substituted the following paragraphs –
“(3) A copy of the Law, these
Rules and any directions issued by the Minister under these Rules must be placed
in the prison library and in every accommodation wing of the prison and, if
requested by a prisoner, the prisoner must be given his or her own copy of the
Law, these Rules or directions.
(4) A prisoner shall be interviewed for the
purpose of assessing the prisoner’s physical and mental condition and
enquiring into any immediate medical concerns of the prisoner –
(a) by the Medical Officer or a member of the prison
nursing staff within 3 hours of the prisoner’s reception into the
prison; and
(b) by the Medical Officer within 72 hours
of the prisoner’s reception into the prison, if the Medical Officer did
not interview the prisoner within 3 hours of the prisoner’s
reception into the prison.
(5) A prisoner shall be interviewed by the
Medical Officer within 24 hours (disregarding any Sunday or public
holiday) of –
(a) the prisoner requesting a consultation with
him or her; or
(b) being requested to do so by the Governor or
any member of the prison nursing staff,
unless it is impracticable to
do so, by reason of any emergency.”.
6 Rule 16
amended
For Rule 16(3) of the Prison Rules there shall be substituted
the following paragraph –
(a) must maintain procedures for the daily
sampling, tasting and checking of the food and drink prepared for prisoners to ensure
the quality and condition of prisoners’ food and drink; and
(b) must maintain procedures for inspecting on a
regular basis the facilities and conditions under which such food and drink are
stored, prepared and served to ensure their cleanliness, hygiene and safety,
and if any deficiency is
found as a result of that tasting, checking or inspection, the Governor must
remedy that deficiency as soon as reasonably practicable.”.
7 Rule 33
substituted
For Rule 33 of the Prison Rules there shall be substituted the
following Rule –
“33 Possession
of tobacco and smoking
(1) A prisoner under the age of 16 shall not
have in his or her possession inside the prison any cigarettes or other
tobacco.
(2) A prisoner aged 16 or over may have in
his or her possession not more than 50 grams of hand-rolling tobacco and 200 cigarettes.
(3) A prisoners shall not smoke in any area of
the prison that has been designated a non-smoking area in a direction by the
Minister.”.
8 Rule 35
amended
In Rule 35 of the Prison Rules after paragraph (2) there
shall be added the following paragraphs –
“(3) The Governor may impose a
limit on the space to be made available for each prisoner for the purpose of
storing the property of a prisoner under this Rule.
(4) The Governor shall not impose a limit of
less than one clothes hanger on a rail, and a box with a capacity of less than
0.74 cubic metres, for each prisoner for the purpose of storing the
property of a prisoner under this Rule.
(5) If the property of a prisoner that is to be
stored under this Rule exceeds the capacity limit imposed by the Governor,
the Governor –
(a) shall notify the prisoner; and
(b) if it is not reasonably practicable for the
prisoner to arrange for the disposal of any of his or her property so as to bring
his or her property to within the permitted limit, may arrange for disposal of
some of it so as to bring the amount of property to within the permitted limit.
(6) Before disposal of any property under paragraph (5),
the Governor shall permit the prisoner to make representations as to which of
his or her property may be disposed of.”.
9 Rule 40
amended
In Rule 40 of the Prison Rules –
(a) in paragraph (2) –
(i) for
the words “Subject to paragraph (3), the Minister” there shall
be substituted the words “The Minister”, and
(ii) after
the words “may send” there shall be inserted the words “or
receive”;
(b) paragraphs (3)
and (6) shall be deleted.
10 Rule 46
amended
In Rule 46 of the Prison Rules –
(a) for
paragraph (5) there shall be substituted the following –
“(5) A visit under this Rule shall
take place within the sight and hearing of an officer unless the Minister
otherwise directs.”;
(b) for
paragraph (7) there shall be substituted the following paragraphs –
“(7) A prisoner shall not be entitled
to accumulate visits except as otherwise permitted by directions issued by the
Minister.
(7A) The Minister may issue directions permitting a prisoner
to accumulate up to 26 visits for a purpose specified in the directions.
(7B) Directions under paragraph (7A) may, in particular
but not exclusively, permit a visit of longer duration than is permitted under paragraph (1)
or (2) in any case where –
(a) a convicted prisoner has accumulated visits;
(b) the remainder of the sentence that the prisoner
must serve is more than 9 months after the date of the proposed visit; and
(c) either –
(i) the
convicted prisoner is transferred to a prison or other place in the United
Kingdom in order to receive a visit from a person in the United Kingdom, or
(ii) a
person who resides outside Jersey is to visit the prisoner in prison in Jersey.”.
11 Rule
48 amended
In Rule 48(1) –
(a) after
the words “for the purpose of” there shall be added the words
“any of the following”;
(b) at
the end of sub-paragraph (c) for the full stop there shall be substituted
a semi-colon and after sub-paragraph (c) there shall be inserted the
following sub-paragraph –
“(d) visiting the prisoner at the
prisoner’s request.”.
12 Rule 50
amended
For Rule 50(1)(b) of the Prison Rules there shall be
substituted the following sub-paragraph –
“(b) providing a security or
proposing a surety as a condition of the prisoner’s bail.”.
13 Rule 56
amended
After Rule 56(3) of the Prison Rules there shall be added the
following paragraphs –
“(4) Except as permitted under
these Rules, a prisoner is not permitted to –
(a) carry on any trade, profession or vocation
from the prison; or
(b) retain any monies generated from the sale of
any items produced by the prisoner either in the course of the prisoner’s
work in the prison or in the prisoner’s spare time.
(5) Despite paragraph (4), a prisoner is
permitted to take such steps as the Governor considers are necessary and
compatible with these Rules to protect the value of any interest the prisoner
has in any property or business.”.
14 Rule 65
amended
For Rule 65(2) of the Prison Rules there shall be substituted
the following paragraph –
“(2) The Governor shall maintain a
system for the daily inspection of the parts of the prison used to employ or accommodate
prisoners and for the regular inspection of all other parts of the
prison.”.
15 Rule 68
substituted
For Rule 68 of the Prison Rules there shall be substituted the
following Rule –
“68 Possession 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) Despite 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) Despite paragraph (1) the Governor may
issue a written order authorizing a named prisoner to be in possession of a
personal communication device or a recording device, subject to any condition
that may be specified in the authorization.
(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.”.
16 Rule 69
substituted
For Rule 69 of the Prison Rules there shall be substituted the
following Rule –
“69 Possession
of unauthorized articles
(1) A prisoner shall not have in his or her
possession, or keep, conceal or deposit anywhere in the prison, any unauthorized
article.
(2) A prisoner shall not have in his or her
possession in a part of the prison any authorized property which the prisoner
is authorized to have in his or her possession only in another part of the
prison.
(3) The Governor may seize and detain any unauthorized
article which, is –
(a) found in the possession of a prisoner or
visitor; or
(b) conveyed or thrown into or concealed or
deposited in, the prison.
(4) The Governor may seize and detain any
authorized article which, in contravention paragraph (2) is found in the
possession of a prisoner or visitor in a part of the prison in which the
prisoner is not authorized to have it.”.
17 Rule 83
amended
In Rule 83 of the Prison Rules –
(a) in paragraph (1),
for the words “Attorney General” there shall be substituted the
words “the police”;
(b) for
paragraph (2) there shall be substituted the following
paragraph –
“(2) If a matter is referred to the
police under paragraph (1) –
(a) the Governor must not take action, nor
appoint a person to take action, against the prisoner under these Rules if the
police charge the prisoner with an offence in relation to the matter referred;
(b) the Governor may only take action against
the prisoner, or appoint a person to take action against the prisoner, under
these Rules if he or she has been notified by the police that the police do not
intend to charge the prisoner with any offence in respect of the matter
referred.”.
18 Rule 86
amended
For Rule 86(1) and (2) of the Prison Rules there shall be
substituted the following paragraphs –
“(1) Subject to this Rule, the
Governor or a person appointed by the Governor who is of the seniority of
senior unit manager or higher shall inquire into a charge.
(2) The Governor shall not inquire into the
charge if he or she, otherwise than in his or her capacity as Governor, is an
interested party to the charge.
(2A) The Governor shall not appoint a person to inquire into
the charge if that person is an interested party to the charge.”.
19 Rule 87
amended
In Rule 87 of the Prison Rules -
(a) in paragraph (1),
for the words “the day” shall be substituted the words “48 hours”;
(b) for
paragraph (5)(b) there shall be substituted the following
paragraph –
“(5) The person inquiring into a
charge may, in the interests of justice, allow the prisoner to be represented
by an advocate or a solicitor, having regard to –
(a) the gravity of the charge and the likely
punishment;
(b) the number of charges;
(c) the factual complexity of the charges;
(d) the likelihood of a point of law arising;
(e) the need for cross-examination of witnesses;
and
(f) the ability of the prisoner to present
his or her own case effectively.”.
20 Rule 90
amended
In Rule 90 of the Prison Rules –
(a) for paragraph (1)(b) there shall be
substituted the following sub-paragraph –
“(b) forfeiture of any privileges
granted under the system of privileges applicable to the prisoner for a period
not exceeding 21 days;”;
(b) for paragraphs (1)(e), (1)(f), (1)(g)
and (1)(h) there shall be substituted the following sub-paragraphs –
“(e) stoppage of or a deduction
from earnings for a period not exceeding 56 days and of an amount not
exceeding one half of the prisoner’s earnings in any week (or part
thereof) falling within the period specified;
(f) in the case of a prisoner who is over
the age of 18 years, cellular confinement for a period not exceeding 7 days.”.
21 Rule 91
amended
Rule 91(3) of the Prison Rules shall be deleted.
22 Rule 93
deleted
Rule 93 of the Prison Rules shall be revoked.
23 Rule 94
substituted
For Rule 94 of the Prison Rules there shall be substituted the
following Rule –
(1) A prisoner found guilty of a breach of discipline
may appeal against the decision in accordance with this Rule not later than 14 days
after the date of the decision.
(2) An appeal under this Rule is to be known as
a disciplinary appeal and the appeal may be against –
(a) both the finding of guilt under Rule 88
and any punishment imposed under Rule 90; or
(b) only the punishment imposed under Rule 90.
(3) The appeal shall be made –
(a) to the Minister, where the prisoner is
appealing against a decision of the Governor; or
(b) to a disciplinary appeals panel, where the
prisoner is appealing against a decision of an officer appointed by the
Governor to inquire into the charge.
(4) Subject to this Rule, the Minister may
provide in a direction the form and manner in which –
(a) a disciplinary appeal may be made; and
(b) any decision in relation to a disciplinary
appeal may be given.
(5) The Governor must appoint any 3 of the
following members of the prison staff to the disciplinary appeals panel –
(a) a unit manager;
(b) the prison chaplain;
(c) the court liaison officer;
(d) the health and safety manager;
(e) the principal psychologist;
(f) the head of learning and skills;
(g) the head of health care;
(h) the education manager;
(i) the vocational training manager.
(6) One member of the disciplinary appeals panel
must be appointed as the chairman and none of the members must have any
interest in the decision being appealed against.
(7) The Governor must ensure that the following
are provided for prisoners –
(a) supplies of any form specified in a
direction made under paragraph (4);
(b) assistance in the completion of any such
form; and
(c) assistance in writing a disciplinary appeal.
(8) The disciplinary appeals panel shall hear
the appeal within 14 days of the chairman of the disciplinary appeals
panel receiving it.
(9) The person chairing the hearing by the disciplinary
appeals panel may, in the interests of justice, allow the prisoner to be
represented by an advocate or solicitor, having regard to –
(a) the gravity of the breach of discipline of
which the prisoner has been found guilty;
(b) the number of breaches of discipline of
which the prisoner has been found guilty;
(c) the complexity of the facts on which the
finding of guilt has been made or on which the appeal is made;
(d) any point of law that arose on the finding
of guilt or the likelihood of a point of law arising on the appeal;
(e) the need for cross-examination of witnesses
during the appeal;
(f) the ability of the prisoner to present
his or her appeal effectively.
(10) At the conclusion of the hearing, the disciplinary
appeals panel shall consider the appeal and may recommend to the Governor that
he or she –
(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).
(11) The disciplinary appeals panel shall make its
decision on the appeal and notify the prisoner of that decision, within 72 hours
of the conclusion of hearing the appeal.
(12) The Governor, if recommended to do so under paragraph (10),
must –
(a) quash any finding of guilt; or
(b) remit or mitigate any punishment (other than
a punishment imposed under Rule 90 where the period for which the
punishment was imposed has expired by the date of the decision of the appeal).
(13) If the prisoner is aggrieved by the decision of
the disciplinary appeals panel, he or she may request the Governor to review
that decision and the Governor must undertake that review within 7 days of
the prisoner’s request.
(14) Upon reviewing the matter, the Governor
may –
(a) quash the decision of the disciplinary
appeals panel; or
(b) remit or mitigate any punishment (other than
a punishment imposed under Rule 90 where the period for which the
punishment was imposed has expired by the date of the decision of the appeal),
or if the Governor considers
that the decision of the disciplinary appeals panel and punishment was correct,
the Governor, if requested to do so by the prisoner, must refer the appeal to
the Minister.
(15) Where an appeal is made under paragraph (3)(a),
or referred to the Minister under paragraph (14), the Minister
must –
(a) investigate any relevant matters raised in
the appeal; and
(b) provide a written decision to the prisoner
within 20 days of the appeal (or referral, as the case may be) being made.
(16) The Minister may, either in the course of a
disciplinary appeal brought under paragraph (3)(a), after a referral under
paragraph (14) or of his or her own volition, in relation to a prisoner
who has been found guilty of any breach of discipline –
(a) quash any finding of guilt;
(b) remit or mitigate any punishment (other than
a punishment imposed under Rule 90 where the period for which the
punishment was imposed has expired by the date of the decision of the appeal);
(c) substitute another punishment which is, in
the Minister’s opinion, less severe; or
(d) in the case of a disciplinary appeal, refuse
the appeal.
(17) If the Governor quashes any finding of guilt under
paragraph (12)(a), or the Minister quashes any finding of guilt under paragraph (16)(a),
the Governor must destroy any record in the prisoner’s file which relates
to the alleged breach of discipline except where the record, or a part of it,
relates to any other finding of breach of discipline which continues to form
part of the prisoner’s record.
(18) Following the conclusion of the appeals procedure
in relation to any appeal brought under this Rule, a prisoner is not entitled
to make any further appeal or complaint under these Rules in relation to the
same matter to which the breach of discipline in question related.”.
24 Rule 96
deleted
Rule 96 of the Prison Rules shall be revoked.
25 Rule 97
amended
In Rule 97 of the
Prison Rules, for the words “Board of Visitors” in each place where
they appear, there shall be substituted the words “Monitoring
Board”.
26 Rule 100
amended
In Rule 100(1) of the Prison Rules, for the words “Rule 101(1)(b)”
there shall be substituted the words “Rule 98(1)(b)”.
27 Rule 101
amended
In Rule 101(3) of the Prison Rules for the words “7 days”
there shall be substituted the words “14 days”.
28 Rule 103
amended
In Rule 103 of the Prison Rules the words “discharged
or” and “discharge or” shall be deleted.
29 Citation
and commencement
These Rules may be cited as the Prison (Amendment No. 2)
(Jersey) Rules 2017 and shall come into force 7 days after they are
made.
deputy k.l. moore of st. peter
Minister for Home Affairs