Citation, commencement and extent

1. —(1) These Rules may be cited as the Service Custody and Service of Relevant Sentences (Amendment) Rules 2023.

(2) These Rules come into force on 13th November 2023.

(3) These Rules extend to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories (except Gibraltar).

Amendment of the Service Custody and Service of Relevant Sentences Rules 2009

2. The Service Custody and Service of Relevant Sentences Rules 2009( 2 ) are amended as follows.

Amendment to rule 1 (citation, commencement and interpretation)

3. In rule 1(2) (citation, commencement and interpretation), before “independent monitoring board” insert—

“ “ electronic cigarette ” means a product that can be used for the consumption of nicotine-containing vapour via a mouth piece, or any component of that product, including a cartridge, a tank, and the device without cartridge or tank (regardless of whether the product is disposable or refillable by means of a refill cartridge and a tank, or rechargeable with single use cartridges); ” .

Amendment to rule 5 (release from service detention)

4. After rule 5(1)(b) (release from service detention)—

(a) omit “or”,

(b) insert—

“ (ba) by an order of a commanding officer made under Rule 36H(2) of the Armed Forces (Summary Hearings and Activation of Suspended Sentences of Service Detention) Rules 2009 ( 3 ) ; or ” .

Amendment to rule 15 (reimbursement allowance)

5. In the second sentence of rule 15(3) (reimbursement allowance), omit the words “cigarettes, tobacco,”.

Amendment to rule 16 (smoking)

6. For rule 16 (smoking), substitute—

“ Prohibition of smoking

16. No detainee is allowed to smoke or to have any tobacco, except in accordance with any directions of the commandant. ” .

Listing of smoking-related articles prohibited for the purposes of the offence of conveyance etc, of List B or C articles into or out of service custody premises

7. After rule 71 (offences in relation to service custody premises and persons under sentence), insert—

“ List C articles

71A. The following are List C articles within the meaning of section 40A (sections 40B and 40C: classification of articles) of the Prison Act 1952 ( 4 ) , as applied by rule 71 of these Rules—

(a) tobacco;

(b) cigarettes;

(c) electronic cigarettes;

(d) matches;

(e) lighters. ” .