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Article 9 Information to be given to prisoners on reception

Original text. Later amendments are not shown.

(1)

Paragraphs (2) to (5), (6)(e) and (7) of this rule do not apply in relation to a prisoner who is received into prison on his transfer from any other prison.

(2)

Every prisoner shall be informed by the Governor at the time of his reception how he may inform–

(a)

up to two persons; and

(b)

his legal adviser,

of his reception into prison, and the Governor shall make available reasonable facilities for that purpose.

(3)

A prisoner who is a foreign national shall also be informed that he may contact, in addition to the persons mentioned in paragraph (2), a diplomatic representative of his choice.

(4)

A prisoner who is a refugee or stateless person shall also be informed that he may contact, in addition to the persons mentioned in paragraph (2),–

(a)

a diplomatic representative of a state which he considers may look after his interests; and

(b)

subject to such limit as to numbers as the Governor may reasonably impose, national or international authorities and organisations whose principal purpose is to serve the interests of refugees or stateless persons or to protect the civil rights of such persons.

(5)

A prisoner who is committed to prison on default of the payment of any sum of money due to be paid by him shall be informed by the Governor at the time of his reception of the facilities available to him in terms of rule 65 to arrange the making of such payment as will entitle him to be released from prison.

(6)

On reception every prisoner shall be provided with information in writing by the Governor concerning the following matters:–

(a)

the rules, directions and standing orders which apply in that prison;

(b)

the prison routine and regime;

(c)

how the prisoner may make requests and complaints;

(d)

how he may maintain contact with relatives and friends; and

(e)

the rights of appeal against conviction or sentence, or against both conviction and sentence, which may be available to him in terms of–

(i)

section 228 or 442 of the Criminal Procedure (Scotland) Act 1975f1; or

(ii)

in the case of a prisoner convicted by a court-martial under the Army Act 1955f2, the Air Force Act 1955f3 or the Naval Discipline Act 1957f4, the Courts-Martial (Appeals) Act 1968f5.

(7)

In the case of any prisoner whose date of release can be calculated at the time of his reception, the Governor shall inform him of that date as soon as may be reasonably practicable and normally within 48 hours.

(8)

The information to be provided to any prisoner in terms of this rule shall be provided in a manner which enables him to understand it.

Annotations

Footnotes

f1

1975 c. 21; sections 228 and 442 were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 1 and Schedule 3, paragraph 1 respectively; section 442 was amended by the 1993 Act, section 45 and Schedule 5, paragraph 1(33).

f2

1955 c. 18.

f3

1955 c. 19.

f4

1957 c. 53.

f5

1968 c. 20.