Explanatory note

These Rules make provision for the amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 1994 (“the principal Rules”).

The substantive changes made by these Rules are as follows.

Rule 75 (exercise and time in the open air) of the principal Rules is amended to clarify the circumstances when the entitlements specified in the rule do not apply and to alter the procedures for disapplying its provisions.

The provisions of rule 86 (admission and searching of visitors) are amended in consequence of the amendments made to section 41 of the Prisons (Scotland) Act 1989 (“the 1989 Act”) by section 153 of the Criminal Justice and Public Order Act 1994.

Provision is made for compulsory testing for controlled drugs by inserting new rule 88A. Section 41B of the 1989 Act (as inserted by section 151(2) of the Criminal Justice and Public Order Act 1994) permits compulsory testing of prisoners for controlled drugs. Rule 88A prescribes the manner in which an officer may require a prisoner to provide a sample specified in an authorisation by the Governor for the purposes of section 41B of the 1989 Act. Amendments are made to the discipline provisions in rules 98 of, and Schedule 3 to, the principal Rules in relation to the administration of controlled drugs in breach of discipline.

New provision is made, by inserting a new rule 101A into the principal Rules, for the Governor to review certain disciplinary punishments in the case of a prisoner who is removed to hospital for treatment for mental disorder.

Rules 28 to 39 of these Rules make various amendments to Part 11 of the principal Rules (requests and complaints). The need to make requests in terms of the prescribed procedure is removed so that the procedures apply only to complaints. These procedures are amended to make specific provision in relation to complaints against medical officers and to remove the provisions (in rule 109 of the principal Rules) concerning complaints to the Secretary of State. Amendments are made to the provisions relating to appeals arising out of disciplinary proceedings. Provision is made for the Secretary of State to quash findings of guilt and to remit or mitigate punishments notwithstanding the conclusion of the internal appeals procedures within the prison.

Rule 133 of the principal Rules (constitution of visiting committees) is amended to make provision for the constitution for prisons of new visiting committees on 1st April 1996 by councils constituted under section 2 of the Local Government etc. (Scotland) Act 1994. These committees will replace the visiting committees constituted on 1st January 1995 by existing Regional, District and Islands Councils but, until 1st April 1996, the existing committees will continue to perform their functions by virtue of the savings set out in rule 57 of these Rules. The substituted Schedule 4 of the principal Rules prescribes the requirements for appointing members of the new committees.

Various provisions of the rules relating to temporary release in Part 14 (rules 120 to 126) of the principal Rules are amended. In relation to short home leave, Christmas and summer leave and pre-Training for Freedom Leave and long home leave (rules 120 and 126) the eligibility requirements are amended so that leave will only be available at a later date in a determinate-sentence prisoner’s term. New forms of temporary release are introduced for “local leave” and for work or educational placements.

Provision is also made, by inserting a new rule 140A and Schedule 4A into the principal Rules, for the constitution of visiting committees for those police cells which are currently declared by rules made under the 1989 Act to be legalised Police cells.

In addition a number of minor and consequential and drafting amendments are made to rules 3 (interpretation), 10 (registration and records of prisoners), 12 (security categories of prisoners), 21 (prisoners' food), 27 (arrangements for medical care by other medical practitioners or at outside facilities), 30 (notification of relatives and friends of prisoners suffering serious illness etc), 40 (privileges), 56 (visits to untried and civil prisoners by persons of a prisoner’s choice), 63 (general conditions applicable to visits under Part 7), 64 (closed visiting facilities), 67 (arrangements for work, education, etc), 69 (conditions of work or activities in lieu of work), 76 (recreation), 80 (removal from association), 87 (viewing of prisons), 88 (searching of prisoners), 91 (special escorted leave), 95 (reports of breaches of discipline and removal from association), 96 (disciplinary charges), 100 (Governor’s punishments), 130 (searches of officers and employees), 134 (proceedings of visiting committees), 141 (remission of sentence or period of detention), Schedule 1 (modification of the Rules in their application to young offenders institutions and young offenders) and Schedule 2 (security categories). Rule 93 (productions of prisoners to Court etc) is omitted.

Schedule 3 (breaches of discipline) is substituted but apart from the inclusion of a provision in relation to the administration of controlled drugs in breach of discipline and a provision in relation to visual examination of prisoners' mouths the changes consist of only minor amendments to paragraphs (c), (f), (p) and (u) of Schedule 3 in its original form.

Rule 57 sets out savings and transitional provisions relative to amendments made by these Rules.

By virtue of rule 2 of the principal Rules, the principal Rules apply to young offenders institutions and to young offenders as they apply to prisons and prisoners subject to the modifications set out in Schedule 1 to the principal Rules.