# The Prisons and Young Offenders Institutions (Scotland) Rules 1994, Article 100: Governor’s punishments


(1) If he finds a prisoner guilty of a breach of discipline, the Governor may impose one or more of the following punishments:–
(a) a caution;
(b) forfeiture of any privileges granted under the system of privileges applicable to a prisoner for a period not exceeding 14 days;
(c) stoppage of or deduction from earnings for a period not exceeding 56 days and of an amount not exceeding 28 days' earnings;
(d) except in the case of a young prisoner, cellular confinement for a period not exceeding 3 days;
(e) in the case of a short-term or long-term prisoner whose sentence or period of detention was imposed on or after 1st October 1993, but subject to paragraphs (3) to (5), an award of additional days not exceeding 14 days;
(f) in the case of a prisoner who is an existing prisoner within the meaning of paragraph 1 of Schedule 6 to the 1993 Act who is serving a sentence of imprisonment for a term of more than 5 days, forfeiture of remission of sentence for a period not exceeding 14 days;
(g) in the case of a prisoner guilty of escaping or attempting to escape, forfeiture of the entitlement to wear his own clothing under rule 18 for any period as may be specified;
(h) in the case of an untried prisoner or a civil prisoner, forfeiture of either or both of the entitlements referred to in rules 41 and 46 for any period as may be specified; or
(i) forfeiture of the entitlement to withdraw money in terms of rule 45(3) for any period not exceeding 14 days.
(2) If an untried prisoner who is committed to prison for examination or trial on any criminal charge is found guilty of a breach of discipline–
(a) the Governor may make an award of additional days under paragraph (1)(e) notwithstanding that the prisoner has not (or had not at the time of the breach being committed) been sentenced; but
(b) any such award shall have effect only if the prisoner subsequently becomes a short-term or long-term prisoner whose sentence commences, by virtue of section 218(1) or 431(1) of the Criminal Procedure (Scotland) Act 1975, on a date earlier than the date on which the sentence is passed.
(3) Subject to paragraphs (4) and (5), if a prisoner is found guilty of more than one breach of discipline arising out of an incident, punishments under this rule (except for cellular confinement imposed under paragraph (1)(d)) may be ordered to run consecutively.
(4) Subject to paragraph (5), if a prisoner is found guilty of more than one breach of discipline arising out of an incident, awards of additional days under paragraph (1)(e) may be ordered to run consecutively but the total awarded shall not exceed 28 days.
(5) Notwithstanding paragraph (1)(e), in the case of a short-term or long-term prisoner who is found guilty of a breach of discipline, an award of additional days shall not exceed one-sixth of his sentence, either–
(a) in respect of that breach; or
(b) when aggregated with the total of any award or awards of additional days which the prisoner may have been or is awarded under paragraph (1)(e) or (4).
(6) Where cellular confinement is imposed on a prisoner under paragraph (1)(d)–
(a) the Governor shall inform the medical officer as soon as possible;
(b) any entitlement of the prisoner in terms of these Rules shall not, by reason only of the imposition of such confinement, be affected except insofar as expressly provided in a direction made for the purposes of sub-paragraph (c); and
(c) the prisoner shall serve thefi period of confinement in accordance with the provisions of, and subject to any conditions imposed by, a direction made by the Secretary of State.
(7) In the case of a civil prisoner who is a prisoner committed to prison for contempt of court or for non-payment of a fine imposed for contempt of court–
(a) paragraph (1)(e) shall apply as if it read–
“(e) in the case of a prisoner who is committed to prison on or after 1st October 1993 for contempt of court or for non-payment of a fine imposed for contempt of court, but subject to paragraphs (4) and (5), an award of additional days not exceeding 14 days; ”;
(b) paragraph (1)(f) shall apply as if it read–
“(f) in the case of a prisoner who is committed to prison before 1st October 1993 for a period of more than 5 days for contempt of court or for non-payment of a fine imposed for contempt of court, forfeiture of remission of the period of committal for a period not exceeding 14 days; ”;
(c) paragraph (5) shall apply as if–
(i) the words “short-term or long-term prisoner” read “prisoner who is committed to prison for contempt of court or for non-payment of a fine imposed for contempt of court”; and
(ii) the words “his sentence” read “his period of committal”.
(8) Except as indicated in paragraph (7), paragraphs (1)(e) and (f), (4) and (5) shall not apply to civil prisoners.

---
Source: https://www.legislation.gov.uk/uksi/1994/1931/article/100 (the official version)
Page: https://openlegislation.uk/prisons-and-young-offenders-institutions-scotland-rules-1994/article-100
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.