Are Open Prisons affected by the new restrictions?

I am planning to be in Tortworth (Gloucestershire) soon (where the Green Camera icon is on the map), and was checking Drone Scene, to see if I can fly there.
I notice that there is a ‘Red’ restriction around Eastwood Park (a prison), but there is not anything listed for HMP Leyhill (the arrow is pointing at it!)
Leyhill is listed as an Open Prison, so I assume this must exclude it from the new restrictions?

There’s no mention of Leyhill on this list Peter @BudgieUK

I’m unsure of the names of any other open prisons to also check against.

Maybe it’s just easier to walk drugs in to an open prison that it is to fly them in :blush:

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I would not assume that. I think that the operative word is “prison”, “not open”.

A couple of examples:
Ford Open Prison (BN18 0BX) and North Sea Camp Open Prison (PE22 0QX) are also not mentioned in the Air Navigation Order and don’t appear in red on Drone Scene but they do appear in yellow as places where flying drones may raise security, privacy or safety concerns
https://dronescene.co.uk/share/58267fff76
https://dronescene.co.uk/share/5be02c8cc8

Paragraph 4 lists all the exceptions. Open Prisons are not on the list. Therefore, they are not exempt.

I think that it would be foolish in the extreme to make assumptions with this or any other law.

“Ignorance of the law is no defence against the law.”

But paragraph 3(1) says “These Regulations apply to each of the facilities listed in Column 1 of the Schedule”, so if the open prison is not listed in the Schedule then these regulations cannot apply.

There may well be other regulations which restrict flight over open prisons and I personally would not fly near one.

No, no, no. You cannot cherry-pick the information given. For all we know, it is the height above mean sea level which is important to them. Just because a name is not on the list does not mean that it is exempt. Is the place a prison - yes or no? The clue is in the name of the legislation.

Have you read the legislation? It is very simple:

The Secretary of State has decided that it is necessary in the public interest to restrict the flying of unmanned aircraft in the areas specified in regulation 3(1)

3.—(1) These Regulations apply to each of the facilities listed in Column 1 of the Schedule, each of which for the purpose of these Regulations comprise an area bounded by straight lines joining successively between each of the points in Column 2 of the Schedule.

If the area is not in the schedule these regulations cannot apply.

Have it your way - go fly there. See what happens, then come back and tell us.

I have already said that I personally would not fly near a prison.

So, just arguing for the sake of it?

I’d expect the thinking around no restrictions over an open prison is the inmates are on that road to rehabilitation, they are low level inmates with minimal supervision. Why would they risk all of that over the sake of any contraband.

Its interesting to note that Foston and Dovegate prisons are marked in red and identified as such in DS and the list of restricted prisons. Nearby Sudbury Open Prison, that used to be marked, isn’t any more, although it is named on the map but not on the restricted list.