Prison (Amendment No. 2) (Jersey) Rules 2017

Arrangement

Rule

1                 Interpretation. 3

2                 Rule 1 amended. 3

3                 Rule 2 substituted. 3

4                 Rule 3 amended. 4

5                 Rule 5 amended. 4

6                 Rule 16 amended. 5

7                 Rule 33 substituted. 6

8                 Rule 35 amended. 6

9                 Rule 40 amended. 6

10              Rule 46 amended. 7

11              Rule 48 amended. 7

12              Rule 50 amended. 7

13              Rule 56 amended. 8

14              Rule 65 amended. 8

15              Rule 68 substituted. 8

16              Rule 69 substituted. 9

17              Rule 83 amended. 9

18              Rule 86 amended. 9

19              Rule 87 amended. 10

20              Rule 90 amended. 10

21              Rule 91 amended. 10

22              Rule 93 deleted. 11

23              Rule 94 substituted. 11

24              Rule 96 deleted. 13

25              Rule 97 amended. 14

26              Rule 100 amended. 14

27              Rule 101 amended. 14

28              Rule 103 amended. 14

29              Citation and commencement 14

 

 


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 –

“(3)    The Governor –

(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

 


 



[1]                                    chapter 23.775

[2]                                    chapter 23.775.30


Page Last Updated: 19 Sep 2017