Explanatory note

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the Prison Rules”).

Rule 2(3) inserts a new rule 35B into the Prison Rules to make provision in relation to prisoners who prepare their own meals within a prison. The new rule will apply to any prisons, categories of prisons or parts of prisons specified in a direction by the Scottish Ministers. Rule 2(2) provides that rule 35 (prisoners’ food and drink) will not apply to any prisons, categories of prisons or parts of prisons specified by the Scottish Ministers in a direction under rule 35B.

Rule 2(4) amends rule 99 (custody outside prison) of the Prison Rules. This will provide that paragraph (1)(b) of rule 99 will not apply for the purposes of special escorted leave, in circumstances specified by the Scottish Ministers in a direction made under rule 100(5) of the Prison Rules. Rule 2(5)(c)(ii) adds new sub-paragraph (f) to rule 100(5) of the Prison Rules which enables the Scottish Ministers to specify in a direction the circumstances in which rule 99(1)(b) does not apply to special escorted leave.

Rule 2(5) also amends rule 100 of the Prison Rules, to extend the definition of “eligible prisoner” to include short-term prisoners. The effect of this is to allow short-term prisoners, who meet the other eligibility criteria, to apply for special escorted leave.

Rule 2(6) excludes from the scope of rule 127(7) (pregnancy and confinement) of the Prison Rules, a pregnant prisoner confined in a prison or part of a prison to which rule 35B of the Prison Rules applies. Rule 127(7) requires that a prisoner who is pregnant must be provided with food and drink which take into account any dietary requirements during pregnancy. New rule 35B(7) of the Prison Rules makes equivalent provision for pregnant prisoners who prepare their own meals and requires that such a pregnant prisoner is able to purchase, prepare and consume food and drink which take into account any dietary requirements during pregnancy.

Rule 2(7) introduces a new category of temporary release, known as “regular unescorted day release”, through an amendment to rule 136 (forms of temporary release) of the Prison Rules. Subject to a direction made by the Scottish Ministers under rule 138 (direction with respect to temporary leave) of the Prison Rules (which, among other things, may specify the forms of temporary release available to prisoners accommodated in particular prisons, halls or parts of prisons), an eligible prisoner may apply for regular unescorted day release. Under this category of temporary release, a prisoner cannot leave the prison in which they are confined for more than one day at a time. Its purpose is to enable the prisoner, in preparation for release, to develop further or re-establish links with their family or community, or to develop educational or employment opportunities, attend an appointment, make purchases of food and drink or undertake wellbeing activities in the local community.