# The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998, Article 44: Amendment of rule 100 of the principal Rules


(1) Rule 100 of the principal Rules (governor’s punishments) is amended in accordance with the following paragraphs of this rule.
(2) For sub-paragraph (c) of paragraph (1) there is substituted the following sub-paragraph:–
“(c) stoppage of or deduction from earnings for a period not exceeding 56 days and of an amount not exceeding one half of the prisoner’s earnings in any week (or part thereof) falling within the period specified;”.
(3) In paragraph (1)(e), for the words “section 206 of the Criminal Procedure (Scotland) Act 1975”, there are substituted the words “section 208 of the Criminal Procedure (Scotland) Act 1995”.
(4) For paragraph (2) there is substituted–
“(2) In the case of an untried prisoner who is committed to prison for examination or trial on any criminal charge and who is found guilty of a breach of discipline–
(a) paragraph (1)(e) shall apply in the case of such a prisoner as if it read–
“(e) in the case of an untried prisoner who is committed to prison for examination or trial on any criminal charge, but subject to paragraphs (2)(b) and (3) to (5), an award of additional days not exceeding 14 days;” but
(b) any such award shall have effect only if such a prisoner subsequently becomes a short-term or long-term prisoner whose sentence commences by virtue of section 210(1) of the Criminal Procedure (Scotland) Act 1995, on a date earlier than the date on which the sentence is passed.”.
(5) For paragraph (5) there is substituted the following paragraph:–
“(5) Notwithstanding paragraph (1)(e), where a short-term or long-term prisoner or a person sentenced to be detained under section 208 of the Criminal Procedure (Scotland) Act 1995 (the detention not being without limit of time) is found guilty of a breach of discipline–
(a) an award of additional days under paragraph (1)(e) shall not exceed one-sixth of his sentence, either–
(i) in respect of that breach; or
(ii) when aggregated with the total of any award or awards of additional days which the prisoner or person so detained under section 208 of the said Act of 1995 may have been or is awarded under paragraph (1)(e) or (4);
(b) no award may be made under paragraph (1)(e) if–
(i) the breach of discipline was committed before the date on which he was so sentenced; and
(ii) his sentence did not commence, by virtue of section 210(1) of the said Act of 1995, on or before the date on which the breach was committed.”.
(6) In paragraph (6), for the words “the medical officer”, there are substituted the words “a medical officer”.
(7) In paragraph (7)–
(a) the word “and” where it occurs at the end of head (i) of sub-paragraph (c) is omitted; and
(b) at the end of head (ii) of sub-paragraph (c) there is inserted–
“; and
(iii) sub-paragraph (b) were omitted.”.

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Source: https://www.legislation.gov.uk/uksi/1998/1589/article/44 (the official version)
Page: https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-amendment-rules-1998/article-44
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.