Changes to Prison Rules are coming in May
The Prison and Young Offender Institution (Adjudication) (Amendment) Rules 2024 will come into force on 31 May 2024. The rules will introduce a number of important changes in relation to prisoner discipline and punishment.
Prison Rules govern behaviour management in prisons. The changes to the Prison Rules being introduced are intended to ensure serious offences against discipline are appropriately charged and to provide prison governors with more options for dealing with offences against discipline. Improving prison safety through behaviour management is a priority for the Government.
What are the key changes?
Firstly, the Amendment Rules amend the offences against discipline in the Prison and YOI Rules. They replace the existing offences against discipline relating to race with charges that relate to all protected characteristics, including race. This is in line with the Equality Act 2010.
They also introduce new offences against discipline for sexually inappropriate behaviour. This ensures victims of offences against discipline related to one or more protected characteristics are treated equally and that the experiences of victims of sexual offences are recognised and recorded within the adjudications system to combat sexually inappropriate behaviour in prisons.
Secondly, the Amendment Rules give prison governors two new options when adjudicating. Firstly, they provide for a payback punishment where a prisoner makes amends for their wrongdoing by engaging in rehabilitative or reparative work that is unpaid, in order to give back to the prison community. Secondly, they allow for the suspension of an existing punishment on the condition that a prisoner completes a rehabilitative activity.
These options are intended to better address the root causes of rule breaking and to support prisoners to break patterns of repeated misbehaviour.
Thirdly, the Amendment Rules give the governor or Independent Adjudicator statutory discretion as to whether to impose a requirement to pay compensation (and the amount of compensation that they impose) where a prisoner has destroyed or damaged any part of a prison or any other property belonging to a prison. This will take account of whether repayment of the full cost would exacerbate financial hardship or cause other negative indirect consequences.
How can we help?
If you need specialist advice in relation to any criminal investigation or prosecution, from the initial investigation through to court proceedings, please get in touch. Call John Howey on 020 7388 1658 or email jhowey@jfhlaw.co.uk. Let us help.
Image credit: “HM Prison Wormwood Scrubs” by Chmee2 is licensed under CC BY-SA 3.0.
