Prison Rules: A Working Guide, The Millenium Edition

34 Prison Rules: A Working Guidedirectly. Rule 55(b) provides that privileges subject to forfeiture are thosemade under r 8. Privileges which the Rules create directly, as opposed tothose resulting from delegation under r 8, are apparently not forfeitableunder rule 55(b). For unconvicted prisoners, these may include forfeiture ofthe ‘right’ to be supplied with their own books, newspapers, writingmaterials, and other means of occupation provided for in r 43(1) (forfeitureauthorised by r 55(g)). For convicted prisoners forfeiture of rule-createdprivileges includes exclusion from associated work (r 55(c)), and stoppageof earnings (r 55(d)).The Rules do not recognise a right for convicted prisoners to haveproperty of their own for use in prison. They are only permitted it as aprivilege under r 8 or because of an exercise of the governor’s discretion intheir favour, under r 43(2) or r 44(4).(See also r 25(2) Alcohol and tobacco, and r 55 Governors’ punishments.)Temporary release9. (1) The Secretary of State may, in accordance with the other provisions of thisrule, release, temporarily a prisoner to whom this rule applies.(2) A prisoner may be released under this rule for any period or periods andsubject to any conditions.(3) A prisoner may only be released under this rule:(a) on compassionate grounds or for the purpose of receiving medicaltreatment;(b) to engage in employment or voluntary work;(c) to receive instruction or training which cannot reasonably be provided inthe prison;(d) to enable him to participate in any proceedings before any court, tribunalor inquiry;(e) to enable him to consult with his legal adviser in circumstances where itis not reasonably practicable for the consultation to take place in theprison;(f) to assist any police officer in any enquiries;(g) to facilitate the prisoner’s transfer between prisons;(h) to assist him in maintaining family ties or in his transition from prisonlife to freedom; or(i) to enable him to make a visit in the locality of the prison, as a privilege.under rule 8.(4) A prisoner shall not be released under this rule unless the Secretary of Stateis satisfied that there would not he an unacceptable risk of his committingoffences whilst released or otherwise failing to comply with any condition uponwhich he is released.(5) The Secretary of State shall not release under this rule a prisoner serving asentence of imprisonment if, having regard to:(a) the period or proportion of his sentence which the prisoner has served or,in a case where paragraph (10) does not apply to require all tire sentenceshe is serving to be treated as a single term, the period or proportion of anysuch sentence he has served; and(b) the frequency with which the prisoner has been granted temporary releaseunder this rule, the Secretary of State is of the opinion that the release ofthe prisoner would be likely to undermine public confidence in theadministration of justice.(6) If a prisoner has been temporarily released under this rule during the