Explanatory note

These Rules further amend the Prisons and Young Offenders Institutions (Scotland) Rules 1994 (“the principal Rules”).

In addition to minor and drafting amendments the Rules make the following substantive changes. Provisions of the principal Rules regarding medical examination are revised both in relation to the time of admission and of release or transfer (rules 4 and 47). On reception, an examination may take place by a medical officer or someone authorised by him. The examination should take place within 72 hours except where there is any reason to hold it sooner.

New provision is made with respect to the procedures for assigning security categories (rules 6, 7 and 57). The main changes, apart from drafting changes, are to make separate provision for category A cases and new provision regarding prisoners who are transferred from prisons outwith Scotland. In relation to category A cases, the prisoners must be given advance disclosure of the proposal to assign or retain that category and the opportunity to make representations.

Revised provision is made with respect to Part 4 of the principal Rules which reflects the possibility of arrangements for the provision of medical services and medical officers in terms of arrangements made under section 3A of the Prisons (Scotland) Act 1989 (“the 1989 Act”) (which was inserted by section 43(2) of the Crime and Punishment (Scotland) Act 1997 (rules 11 to 19)).

Various provisions of the principal Rules are amended to enable new provision to be made in directions (which are authorised by section 39(8) of the 1989 Act) with regard to money sent to prisoners (rules 21, 22 and 23).

New provision is made with regard to visits to prisoners (rules 24 to 29). The purpose is to make express provision with regard to visits by Members of Parliament, representatives of the European Parliament, the Parliamentary Commissioner for Administration or officers on his behalf and journalists, authors or media representatives. Visits by these persons are therefore to be regulated separately from visits under rule 55 of the principal Rules (visits by persons of a prisoner’s choice) and the entitlement to receive visits in terms of rule 55 is unaffected by visits by the categories of person mentioned above. Provision is also made to extend the matters which a direction under rule 63 of the principal Rules may deal with for the purpose of imposing restrictions and conditions affecting visits taking place in terms of Part 7 of the principal Rules.

The provisions of Schedule 1 to the principal Rules (which set out modifications applicable to young offenders under the Rules as applying to young offenders institutions) have been incorporated into the main text of the principal Rules at the appropriate point with the result that Schedule 1 has been omitted (rules 2, 26, 31, 32, 53, 54 and 56).

Minor amendments are made to rule 80 of the principal Rules (removal from association) (rule 32). This is principally to enable a Governor to permit staged resumption of the entitlement freely to associate with other prisoners.

New provision is made to enable temporary confinement to cell where a prisoner’s behaviour is such that it is appropriate for a short period (not exceeding 30 minutes) to require him to remain in his cell until his behaviour has improved (rule 37).

The provisions of rule 86 of the principal Rules concerning admission and searching of visitors are revised in order to make separate provision regarding admission, searching and removal (rule 38). The provisions incorporate new provision concerning notices by journalists, authors and media representatives; the use of special equipment for carrying out searches; and removal where undertakings by journalists, authors or media representatives have, or appear to have, been breached.

As a result of the new section 41C of the 1989 Act (which was inserted by section 42 of the Crime and Punishment (Scotland) Act 1997) provision is made for the purposes of section 41C and the testing of prisoners for alcohol (rule 39).

Revised provision is made in regard to escorted leave of absence and temporary release (rules 40, 49 and 50).

Various provisions of Part 10 concerning discipline are amended (rules 41 to 44). There is new provision regarding the jurisdiction of the Governor to deal with cases where the prisoner may have been detained elsewhere when the breach was committed. There is minor revisal of the provisions relating to punishment. There are further minor changes to the categories of breach of discipline in Schedule 3 to the principal Rules (rule 58).

New provision is made to specify the conditions to be fulfilled so as to enable fine defaulters to be treated for the purposes of section 220 of the Criminal Procedure (Scotland) Act 1995 as having made partial satisfaction of the fine (rule 48).

The powers to search officers and employees are revised (rule 51) and revised provision is made with respect to codes regulating the conduct and discipline of officers and employees (rule 52).

The provisions of rule 141 of the principal Rules concerning remission are amended to reflect the provisions of Schedules 1 and 2 to the Crime (Sentences) Act 1997 (rule 55).

Rule 61 makes a transitional provision in relation to security categories.