Citation, commencement and extent

1. —(1) These Rules may be cited as the Prison and Young Offender Institution (Interception of Communications) (Amendment) Rules 2024.

(2) These Rules come into force on 6th January 2025.

(3) These Rules extend to England and Wales.

Amendment of the Prison Rules 1999

2. —(1) The Prison Rules 1999( 2 ) are amended as follows.

(2) In Rule 35A (interception of communications)—

(a) in paragraph (2A), for the words from “unless”, in the first place it occurs, to the end, substitute “unless either the condition in paragraph (2B) or the condition in paragraph (2C) is satisfied” ;

(b) after paragraph (2A), insert—

“ (2B) The condition in this paragraph is that—

(a) the governor has reasonable cause to believe that the communication is being made with the intention of furthering a criminal purpose; and

(b) the arrangements for interception of the communication are authorised by—

(i) the chief executive officer of His Majesty’s Prison and Probation Service;

(ii) the director responsible for national operational services of that service; or

(iii) the duty director of that service.

(2C) The condition in this paragraph is that—

(a) the communication is by means of a telecommunications system which facilitates the transmission of both images (whether moving or otherwise) and sound;

(b) the interception is only of the images and not of sound; and

(c) the governor considers that the arrangements are—

(i) necessary on grounds specified in paragraph (4); and

(ii) proportionate to what is sought to be achieved. ” ;

(c) in paragraph (4), after “(2)(a)” insert “, (2C)(c)(i)” .

Amendment of the Young Offender Institution Rules 2000

3. —(1) The Young Offender Institution Rules 2000( 3 ) are amended as follows.

(2) In Rule 11 (interception of communications)—

(a) in paragraph (2A), for the words from “unless”, in the first place it occurs, to the end, substitute “unless either the condition in paragraph (2B) or the condition in paragraph (2C) is satisfied” ;

(b) after paragraph (2A), insert the following—

“ (2B) The condition in this paragraph is that—

(a) the governor has reasonable cause to believe that the communication is being made with the intention of furthering a criminal purpose; and

(b) the arrangements for interception of the communication are authorised by—

(i) the chief executive officer of His Majesty’s Prison and Probation Service;

(ii) the director responsible for national operational services of that service; or

(iii) the duty director of that service.

(2C) The condition in this paragraph is that—

(a) the communication is by means of a telecommunications system which facilitates the transmission of both images (whether moving or otherwise) and sound;

(b) the interception is only of the images and not of sound; and

(c) the governor considers that the arrangements are—

(i) necessary on grounds specified in paragraph (4); and

(ii) proportionate to what is sought to be achieved. ” ;

(c) in paragraph (4), after “(2)(a)” add “, (2C)(c)(i)” .