The Prisons and Young Offenders Institutions (Scotland) Rules 1994
S.I. 1994/1931 · Made 18 July 1994
PRISONS
YOUNG OFFENDERS INSTITUTIONS, SCOTLAND
Made 18th July 1994
Laid before Parliament 19th July 1994
Coming into force
For all purposes except those specified in rule 1(3) and (5) 1st November 1994
For the purposes specified in rule 1(3) 1st October 1994
For the purposes specified in rule 1(5) 1st January 1995
The Secretary of State, in exercise of the powers conferred on him by section 39 of the Prisons (Scotland) Act 1989f1 and of all other powers enabling him in that behalf, hereby makes the following Rules:
Annotations to the whole text
Footnotes
- f1
-
1989 c. 45; section 39 was amended by the 1993 Act, sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7; section 39 is to be read with sections 8(1) and (2), 11(1), 12 (as amended by the 1993 Act, Schedule 5, paragraph 6(2)), 14(1) (as amended by the 1993 Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any “existing prisoner” within the meaning specified in paragraph 1 of Schedule 6) and 41; section 39 was extended by the Courts-Martial (Appeals) Act 1968 (c. 20), section 52 (as amended by the 1989 Act, Schedule 2, paragraph 10).
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Application to young offenders institutions and young offenders
- 3Interpretation
- 4Elimination of discrimination
- 5Availability of Rules and directions
- Part 2: RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION
- 6Production of warrant, order, direction or certificate
- 7Procedure on reception of prisoners
- 8Interview and medical examination of prisoners on reception
- 9Information to be given to prisoners on reception
- 10Registration and records of prisoners
- 11Classification of prisoners
- 12Security categories of prisoners
- 13Allocation of prisoners
- 14Separation of different categories of prisoners
- Part 3: PHYSICAL AND PERSONAL ENVIRONMENT
- 15Accommodation of prisoners in cells and rooms
- 16Standard of accommodation
- 17Provision of bedding
- 18Entitlement of a prisoner to wear his own clothing
- 19Provision of clothing to prisoners
- 20Changes of clothing
- 21Prisoners' food
- 22Personal hygiene
- Part 4: HEALTH AND WELFARE
- 23The medical officer
- 24Provision of medical services and facilities
- 25General duty of the medical officer to attend prisoners
- 26Notification to the medical officer of prisoners requiring attention
- 27Arrangements for medical care by other medical practitioners or at outside facilities
- 28Duty of medical officer to visit prisoners subject to cellular confinement
- 29Duty of medical officer to notify certain matters
- 30Notification of relatives and friends of prisoners suffering serious illness, etc
- 31Transfer to hospital for treatment for mental disorder
- 32Records of medical treatment
- 33Prisoners' welfare
- 34Visits to untried and civil prisoners by medical and dental practitioners
- Part 5: RELIGION
- 35Facilities for religious practice
- 36Duties of members of the chaplaincy team
- 37Visiting ministers
- 38Religious services and visits
- 39Religious books, items and practices
- Part 6: PRIVILEGES AND PRISONERS' PROPERTY
- 40Privileges
- 41Smoking and possession of tobacco by untried and civil prisoners
- 42Reception of personal property of prisoners
- 43Storage or disposal of personal property of prisoners
- 44Personal property of prisoners in rooms or cells
- 45Prisoners' money
- 46Supplies of books, newspapers, etc to prisoners
- Part 7: COMMUNICATIONS
- 47Current affairs
- 48Prisoners' correspondence
- 49Opening and reading of correspondence from and to courts
- 50Opening and reading of correspondence from and to legal advisers
- 51Opening and reading of other correspondence
- 52Restrictions on prisoners' correspondence
- 53Provision of writing materials and payment of postage
- 54Communication by telephone
- 55Visits by persons of a prisoner’s choice
- 56Visits to untried and civil prisoners by persons of a prisoner’s choice
- 57Entitlement to accumulated visits
- 58Visits by legal advisers
- 59Visits by procurators fiscal
- 60Visits by police constables
- 61Visits by representatives of diplomatic services and national or international authorities or organisations
- 62Special visits to certain prisoners in connection with further proceedings
- 63General conditions applicable to visits under Part 7
- 64Closed visiting facilities
- 65Arrangements for securing release of prisoners committed to prison in default of payments
- Part 8: WORK, EDUCATION, EARNINGS AND RECREATION
- 66Application of Part 8
- 67Arrangements for work, education etc.
- 68Prisoners' work
- 69Conditions of work or activities in lieu of work
- 70Work opportunities
- 71Work undertaken by untried and civil prisoners
- 72Education
- 73Counselling
- 74Earnings
- 75Exercise and time in the open air
- 76Recreation
- 77Prohibition on prisoners' carrying on any trade, profession or vocation from prison
- Part 9: SECURITY AND CONTROL
- 78Supervision of the prison and control of prisoners
- 79Control of prisoners
- 80Removal from association
- 81Prohibited articles
- 82Unauthorised property
- 83Orders as to the use of restraints
- 84Conditions of use of restraints
- 85Temporary confinement
- 86Control of admission of visitors
- 87Viewing of prisons
- 88Searching of prisoners
- 89Searching of prisoners' property and cells
- 90Custody outside prison
- 91Special escorted leave
- 92Escorted exceptional day absence
- 93Production of prisoners to court etc.
- Part 10: DISCIPLINE
- 94Conduct constituting a breach of discipline
- 95Reports of breaches of discipline and removal from association
- 96Disciplinary charges
- 97Inquiry into disciplinary charges
- 98Adjudication of charges
- 99Breaches of discipline occurring immediately before or during transfer
- 100Governor’s punishments
- 101Suspended punishments
- Part 11: REQUESTS AND COMPLAINTS
- 102Requests to speak to an officer of the Secretary of State, a member of the visiting committee, a sheriff or a justice of the peace
- 103Requests and complaints to the visiting committee
- 104Requests and complaints to the residential officer
- 105Requests and complaints to the residential unit manager
- 106Referral of requests and complaints to the internal complaints committee
- 107Referral of requests and complaints to the Governor
- 108Requests and complaints to the Governor in relation to confidential matters
- 109Referral of requests and complaints to the Secretary of State
- 110Requests, complaints and representations to the Secretary of State in relation to certain matters
- 111Appeals in relation to disciplinary proceedings
- 112Requests for restoration of forfeited remission or rescinding awards of additional days
- 113Direction with respect to requests, complaints and appeals
- Part 12: FEMALE PRISONERS
- 114Separation of male and female prisoners
- 115Pregnancy and confinement
- 116Accommodation of female prisoners' babies
- Part 13: TRANSFER AND DISCHARGE OF PRISONERS
- 117Pre-release preparation
- 118Medical examination prior to transfer or release
- 119Provision of clothing and return of property on release of prisoner
- Part 14: TEMPORARY RELEASE
- 120Short home leave, Christmas and summer leave and pre-Training for Freedom leave
- 121Long home leave
- 122Pre-parole/pre-life licence leave
- 123Unescorted exceptional day release of prisoners in security category D
- 124Circumstances where prisoners are disqualified from fi consideration for temporary release
- 125Recall of prisoners granted temporary release
- 126Direction with respect to temporary release
- Part 15: OFFICERS AND EMPLOYEES
- 127General duty of officers and employees
- 128Transactions with prisoners or in connection with the prison
- 129Fees and gratuities
- 130Searches of officers and employees
- 131Communications to the press etc.
- 132Code of Discipline
- Part 16: VISITING COMMITTEES
- 133Constitution of visiting committees
- 134Proceedings of visiting committees
- 135General duties of visiting committees and members of committees
- 136Investigation of complaints
- 137Visits to prisons by members of visiting committees
- 138Inspection of prison records
- 139Annual report
- 140Conflicts of interest
- Part 17: SUPPLEMENTARY
- 141Remission of sentence or period of detention
- 142Directions
- 143Revocations
- 144Savings and transitional provisions
- Signature
- Schedule 1: MODIFICATION OF THE RULES IN THEIR APPLICATION TO YOUNG OFFENDERS INSTITUTIONS AND YOUNG OFFENDERS
- 1Modification of rule 32
- 2Modification of rule 57
- 3Substitution of rule 75
- 4Modification of rule 80
- 5Substitution of rule 133
- 6Modification of rule 134
- 7Disapplication of Schedule 4
- Schedule 2SECURITY CATEGORIES
- Schedule 3BREACHES OF DISCIPLINE
- Schedule 4CONSTITUTION OF VISITING COMMITTEES
- Schedule 5: REVOCATIONS
- I–REVOCATIONS COMING INTO FORCE ON 1ST NOVEMBER 1994
- II–REVOCATIONS COMING INTO FORCE ON 1ST JANUARY 1995
- Schedule 6: SAVINGS AND TRANSITIONAL PROVISIONS
- 1Savings and transitional provisions for the 1952 Rules
- 2Savings and transitional provisions for the 1965 Rules
- Explanatory note