
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).
2 
The Service Custody and Service of Relevant Sentences Rules 2009 are amended as follows.
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);”.
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; or”.
5 
In the second sentence of rule 15(3) (reimbursement allowance), omit the words “cigarettes, tobacco,”.
6 
For rule 16 (smoking), substitute—“
16 
No detainee is allowed to smoke or to have any tobacco, except in accordance with any directions of the commandant.”.
7 
After rule 71 (offences in relation to service custody premises and persons under sentence), insert—“
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, as applied by rule 71 of these Rules—
(a) tobacco;
(b) cigarettes;
(c) electronic cigarettes;
(d) matches;
(e) lighters.”.
Andrew Murrison
Parliamentary Under Secretary of State
Ministry of Defence
17th October 2023