The Prison (Governor’s and Adjudicators’ Punishments) (Amendment) Rules 2026

Published: Mon 22nd Jun 26

This statutory instrument amends the Prison Rules 1999 to increase the severity of disciplinary punishments and introduce new restrictions on social visits for convicted prisoners in England and Wales.

It authorizes prison governors and independent adjudicators to double the maximum duration of certain penalties, such as the forfeiture of privileges and the awarding of additional days' imprisonment, while creating new categories of punishment specifically targeting non-professional social contact.

The rules apply to convicted prisoners found guilty of disciplinary offences, though they provide specific exemptions to ensure prisoners can still receive visits from their children.

Arguments For

The Secretary of State invokes powers under section 47(1) of the Prison Act 1952 to regulate prison discipline and management.
The explanatory note states that the rules are intended to extend the range of punishments available to governors and adjudicators following a finding of guilt for disciplinary offences.
The document frames the changes as necessary updates to the Prison Rules 1999, including the modernization of various legislative references such as the Sentencing Code and the Criminal Justice Act 2003.
The order includes specific exemptions for visits from children, which suggests a policy intent to maintain certain family ties even when other social visits are restricted.

Arguments Against

Legal scholars may question the impact of doubling the maximum period for forfeiture of privileges and additional days (from 42 to 84 days) on prisoner rehabilitation and mental health.
Civil liberties organizations have historically argued that restricting social visits may interfere with a prisoner's right to family life under Article 8 of the European Convention on Human Rights.
Affected parties may raise concerns regarding the practical implementation of the exemption for children, specifically how "appropriately accompanying" adults are defined and verified by prison staff.
Implementation difficulties may arise for governors in managing the distinction between social and professional visits when applying the new restrictions under rule 55(1)(j) and (k).

Citation, commencement and extent

-(1) These Rules may be cited as the Prison (Governor's and Adjudicators' Punishments) (Amendment) Rules 2026 and come into force on 2nd September 2026.

(2) These Rules extend to England and Wales.

This section establishes the official title of the legal instrument and sets the date it becomes legally active as 2nd September 2026.

It limits the geographic jurisdiction of these regulations to the prison systems of England and Wales.

Amendment of the Prison Rules 1999

The Prison Rules 1999( 2 ) are amended in accordance with rules 3 to 7.

This provision identifies the primary legislation, the Prison Rules 1999, that is being modified by this instrument.

It serves as the legal bridge connecting the new amendments to the existing regulatory framework.

Amendment to rule 35

In rule 35 (personal letters and visits), paragraph (2)(b), at the beginning, insert 'except where a prisoner is subject to a punishment listed in rule 55(1)(j) or (k),'.

This rule modifies existing standards regarding a prisoner's communications and visitations.

It creates a specific exception to general visit allowances when a prisoner has been assigned the new punishments related to social visit restrictions.

Amendments to rule 55

In rule 55 (governor's punishments)-

(a) in paragraph (1)-

(i) in the opening words, after '(2)', insert ', (2A)';

(ii) in sub-paragraph (b), for '42' substitute '84';

(iii) at the end of sub-paragraph (i), before the full stop, insert-

'(j) in the case of a convicted prisoner, forfeiture of social visits for a period not exceeding 27 days;
(k) in the case of a convicted prisoner, restriction of social visits to once in every period of 28 days for a period not exceeding 84 days';

(b) after paragraph (2), insert-

'(2A) A punishment listed in rule 55(1)(j) or (k) does not apply in relation to social visits from a child of the prisoner and any adult who is appropriately accompanying that child.

(2B) In paragraphs (1) and (2A)-

'child of the prisoner' means a person under the age of 18 in respect of whom the prisoner-

(a) is a parent, or
(b) has parental responsibility within the meaning of section 3 of the Children Act 1989;

'social visit' means an in-person visit to a prisoner, but does not include visits from a person acting in a professional or official capacity.'.

This section increases the maximum duration for which a governor can withdraw privileges from 42 days to 84 days.

It also introduces two new punishments for convicted prisoners: the total loss of social visits for up to 27 days, or the restriction of social visits to once every four weeks for up to 84 days.

It explicitly protects the prisoner's right to see their children under 18, clarifying that these disciplinary restrictions do not apply to visits from the prisoner's children or the adults accompanying them.

Amendments to rule 55A

In rule 55A (adjudicator's punishments)-

(a) in paragraph (1)-
(i) at the end of sub-paragraph (a), for '55(1)(h)' substitute '(h), (j) and (k)';
(ii) in sub-paragraph (b), for '42' substitute '84';
(b) in paragraph (3), for '42' substitute '84'.

This section extends the authority of independent adjudicators regarding disciplinary sanctions.

It permits them to impose the new social visit restrictions and doubles the maximum number of additional days of imprisonment they can award—from 42 to 84 days—for a single disciplinary offence.

Amendments to rule 57

In rule 57 (offences committed by young persons)-

(a) in paragraph (1)-
(i) for 'section 13(1) of the Criminal Justice Act 1982' substitute 'section 329 of the Sentencing Code';
(ii) at the end of sub-paragraph (d), before the full stop, insert-
'(e) a punishment relating to social visits listed in rule 55(1)(j) or (k) must not be imposed;
(f) the maximum period for an award of additional days is 42 days';
(b) in paragraph (2)-
(i) omit 'section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 or';
(ii) after 'section 276', insert 'or 329'.

This rule adjusts how disciplinary punishments are applied to young persons in the justice system.

It prohibits the use of the new social visit restrictions against young offenders and maintains a lower maximum threshold of 42 additional days for their punishments, while also updating various statutory cross-references to the Sentencing Code.

Amendment to rule 59

In rule 59 (prospective award of additional days), paragraph (2) for 'section 240' substitute 'section 240ZA( 4 )'.

This section updates a technical legal reference regarding the prospective awarding of additional days of imprisonment.

It ensures the Prison Rules align with current sentencing legislation in the Criminal Justice Act 2003.

Transitional provision

The amendments made by rules 3 to 6 apply only in relation to an offence against discipline listed in rule 51 of the Prison Rules 1999 committed on or after the day on which these Rules comes into force.

This provision ensures that the increased penalties and new restrictions only apply to disciplinary offences committed after the rules take effect.

It prevents the retrospective application of these harsher punishments to incidents that occurred before 2nd September 2026.

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