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The Prisons and Young Offenders Institutions (Scotland) Rules 1994

S.I. 1994/1931 · Made 18 July 1994

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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Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any “existing prisoner” within the meaning specified in paragraph 1 of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

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Application to young offenders institutions and young offenders
  4. 3Interpretation
  5. 4Elimination of discrimination
  6. 5Availability of Rules and directions
  7. Part 2: RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION
  8. 6Production of warrant, order, direction or certificate
  9. 7Procedure on reception of prisoners
  10. 8Interview and medical examination of prisoners on reception
  11. 9Information to be given to prisoners on reception
  12. 10Registration and records of prisoners
  13. 11Classification of prisoners
  14. 12Security categories of prisoners
  15. 13Allocation of prisoners
  16. 14Separation of different categories of prisoners
  17. Part 3: PHYSICAL AND PERSONAL ENVIRONMENT
  18. 15Accommodation of prisoners in cells and rooms
  19. 16Standard of accommodation
  20. 17Provision of bedding
  21. 18Entitlement of a prisoner to wear his own clothing
  22. 19Provision of clothing to prisoners
  23. 20Changes of clothing
  24. 21Prisoners' food
  25. 22Personal hygiene
  26. Part 4: HEALTH AND WELFARE
  27. 23The medical officer
  28. 24Provision of medical services and facilities
  29. 25General duty of the medical officer to attend prisoners
  30. 26Notification to the medical officer of prisoners requiring attention
  31. 27Arrangements for medical care by other medical practitioners or at outside facilities
  32. 28Duty of medical officer to visit prisoners subject to cellular confinement
  33. 29Duty of medical officer to notify certain matters
  34. 30Notification of relatives and friends of prisoners suffering serious illness, etc
  35. 31Transfer to hospital for treatment for mental disorder
  36. 32Records of medical treatment
  37. 33Prisoners' welfare
  38. 34Visits to untried and civil prisoners by medical and dental practitioners
  39. Part 5: RELIGION
  40. 35Facilities for religious practice
  41. 36Duties of members of the chaplaincy team
  42. 37Visiting ministers
  43. 38Religious services and visits
  44. 39Religious books, items and practices
  45. Part 6: PRIVILEGES AND PRISONERS' PROPERTY
  46. 40Privileges
  47. 41Smoking and possession of tobacco by untried and civil prisoners
  48. 42Reception of personal property of prisoners
  49. 43Storage or disposal of personal property of prisoners
  50. 44Personal property of prisoners in rooms or cells
  51. 45Prisoners' money
  52. 46Supplies of books, newspapers, etc to prisoners
  53. Part 7: COMMUNICATIONS
  54. 47Current affairs
  55. 48Prisoners' correspondence
  56. 49Opening and reading of correspondence from and to courts
  57. 50Opening and reading of correspondence from and to legal advisers
  58. 51Opening and reading of other correspondence
  59. 52Restrictions on prisoners' correspondence
  60. 53Provision of writing materials and payment of postage
  61. 54Communication by telephone
  62. 55Visits by persons of a prisoner’s choice
  63. 56Visits to untried and civil prisoners by persons of a prisoner’s choice
  64. 57Entitlement to accumulated visits
  65. 58Visits by legal advisers
  66. 59Visits by procurators fiscal
  67. 60Visits by police constables
  68. 61Visits by representatives of diplomatic services and national or international authorities or organisations
  69. 62Special visits to certain prisoners in connection with further proceedings
  70. 63General conditions applicable to visits under Part 7
  71. 64Closed visiting facilities
  72. 65Arrangements for securing release of prisoners committed to prison in default of payments
  73. Part 8: WORK, EDUCATION, EARNINGS AND RECREATION
  74. 66Application of Part 8
  75. 67Arrangements for work, education etc.
  76. 68Prisoners' work
  77. 69Conditions of work or activities in lieu of work
  78. 70Work opportunities
  79. 71Work undertaken by untried and civil prisoners
  80. 72Education
  81. 73Counselling
  82. 74Earnings
  83. 75Exercise and time in the open air
  84. 76Recreation
  85. 77Prohibition on prisoners' carrying on any trade, profession or vocation from prison
  86. Part 9: SECURITY AND CONTROL
  87. 78Supervision of the prison and control of prisoners
  88. 79Control of prisoners
  89. 80Removal from association
  90. 81Prohibited articles
  91. 82Unauthorised property
  92. 83Orders as to the use of restraints
  93. 84Conditions of use of restraints
  94. 85Temporary confinement
  95. 86Control of admission of visitors
  96. 87Viewing of prisons
  97. 88Searching of prisoners
  98. 89Searching of prisoners' property and cells
  99. 90Custody outside prison
  100. 91Special escorted leave
  101. 92Escorted exceptional day absence
  102. 93Production of prisoners to court etc.
  103. Part 10: DISCIPLINE
  104. 94Conduct constituting a breach of discipline
  105. 95Reports of breaches of discipline and removal from association
  106. 96Disciplinary charges
  107. 97Inquiry into disciplinary charges
  108. 98Adjudication of charges
  109. 99Breaches of discipline occurring immediately before or during transfer
  110. 100Governor’s punishments
  111. 101Suspended punishments
  112. Part 11: REQUESTS AND COMPLAINTS
  113. 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
  114. 103Requests and complaints to the visiting committee
  115. 104Requests and complaints to the residential officer
  116. 105Requests and complaints to the residential unit manager
  117. 106Referral of requests and complaints to the internal complaints committee
  118. 107Referral of requests and complaints to the Governor
  119. 108Requests and complaints to the Governor in relation to confidential matters
  120. 109Referral of requests and complaints to the Secretary of State
  121. 110Requests, complaints and representations to the Secretary of State in relation to certain matters
  122. 111Appeals in relation to disciplinary proceedings
  123. 112Requests for restoration of forfeited remission or rescinding awards of additional days
  124. 113Direction with respect to requests, complaints and appeals
  125. Part 12: FEMALE PRISONERS
  126. 114Separation of male and female prisoners
  127. 115Pregnancy and confinement
  128. 116Accommodation of female prisoners' babies
  129. Part 13: TRANSFER AND DISCHARGE OF PRISONERS
  130. 117Pre-release preparation
  131. 118Medical examination prior to transfer or release
  132. 119Provision of clothing and return of property on release of prisoner
  133. Part 14: TEMPORARY RELEASE
  134. 120Short home leave, Christmas and summer leave and pre-Training for Freedom leave
  135. 121Long home leave
  136. 122Pre-parole/pre-life licence leave
  137. 123Unescorted exceptional day release of prisoners in security category D
  138. 124Circumstances where prisoners are disqualified from fi consideration for temporary release
  139. 125Recall of prisoners granted temporary release
  140. 126Direction with respect to temporary release
  141. Part 15: OFFICERS AND EMPLOYEES
  142. 127General duty of officers and employees
  143. 128Transactions with prisoners or in connection with the prison
  144. 129Fees and gratuities
  145. 130Searches of officers and employees
  146. 131Communications to the press etc.
  147. 132Code of Discipline
  148. Part 16: VISITING COMMITTEES
  149. 133Constitution of visiting committees
  150. 134Proceedings of visiting committees
  151. 135General duties of visiting committees and members of committees
  152. 136Investigation of complaints
  153. 137Visits to prisons by members of visiting committees
  154. 138Inspection of prison records
  155. 139Annual report
  156. 140Conflicts of interest
  157. Part 17: SUPPLEMENTARY
  158. 141Remission of sentence or period of detention
  159. 142Directions
  160. 143Revocations
  161. 144Savings and transitional provisions
  162. Signature
  163. Schedule 1: MODIFICATION OF THE RULES IN THEIR APPLICATION TO YOUNG OFFENDERS INSTITUTIONS AND YOUNG OFFENDERS
  164. 1Modification of rule 32
  165. 2Modification of rule 57
  166. 3Substitution of rule 75
  167. 4Modification of rule 80
  168. 5Substitution of rule 133
  169. 6Modification of rule 134
  170. 7Disapplication of Schedule 4
  171. Schedule 2SECURITY CATEGORIES
  172. Schedule 3BREACHES OF DISCIPLINE
  173. Schedule 4CONSTITUTION OF VISITING COMMITTEES
  174. Schedule 5: REVOCATIONS
  175. I–REVOCATIONS COMING INTO FORCE ON 1ST NOVEMBER 1994
  176. II–REVOCATIONS COMING INTO FORCE ON 1ST JANUARY 1995
  177. Schedule 6: SAVINGS AND TRANSITIONAL PROVISIONS
  178. 1Savings and transitional provisions for the 1952 Rules
  179. 2Savings and transitional provisions for the 1965 Rules
  180. Explanatory note