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The Prisons and Young Offenders Institutions (Scotland) Rules 2006

S.S.I. 2006/94 · Made 2 March 2006

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PRISONS

YOUNG OFFENDERS INSTITUTIONS

Made 2nd March 2006

Laid before the Scottish Parliament 3rd March 2006

Coming into force 26th March 2006

The Scottish Ministers, in exercise of the powers conferred on them by section 39 of the Prisons (Scotland) Act 1989f1 and of all other powers enabling them in that behalf, hereby make the following Rules:

Annotations to the whole text

Footnotes

f1

1989 c. 45; the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46); section 39 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) (“the 1993 Act”), sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7 and by the Criminal Justice and Public Order Act 1994 (c. 33) (“the 1994 Act”), sections 116(4) and 130(4) and by the Crime and Disorder Act 1998 (c. 37), Schedule 8, paragraph 71; section 39 is to be read with sections 3A(5), (6) and (7) (which was inserted by the Crime and Punishment (Scotland) Act 1997 (c. 48) (“the 1997 Act”)), section 43(2), 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Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any “existing prisoner” within the meaning specified in paragraph 1 of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), 33A (which was inserted by the 1994 Act, section 116(3)), 41(2B) (which was inserted by the 1994 Act, section 153(3)), 41B(1) (which was inserted by the 1994 Act, section 151(2) and amended by the Management of Offenders etc. (Scotland) Act 2005, asp 14, section 16) and 41C(1) (which was inserted by the 1997 Act, section 42) of the 1989 Act; 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 of Rules
  4. 3Application of Rules to contracted out prisons
  5. 4Suspension of certificate of a prisoner custody officer
  6. 5Interpretation
  7. 6Elimination of discrimination
  8. 7Availability of Rules and directions
  9. Part 2: RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION
  10. 8Production of warrant, order, direction or certificate
  11. 9Procedure on reception of prisoners
  12. 10Interview and medical examination of prisoners on reception
  13. 11Information to be given to prisoners on reception
  14. 12Registration and records of prisoners
  15. 13Classification of prisoners
  16. 14Allocation of prisoners
  17. 15Separation of different categories of prisoners
  18. Part 3: SUPERVISION LEVELS
  19. 16Supervision levels
  20. 17Assignment of supervision levels
  21. 18Information regarding assignment of a supervision level
  22. 19Right to make representations prior to certain reviews of supervision level
  23. 20Imposition of special security measures
  24. 21Reviews of imposition of special security measures
  25. Part 4: PHYSICAL AND PERSONAL ENVIRONMENT
  26. 22Accommodation of prisoners in cells and rooms
  27. 23Standard of accommodation
  28. 24Provision of bedding
  29. 25Entitlement of an untried prisoner to wear his or her own clothing
  30. 26Circumstances in which a prisoner other than an untried prisoner may wear his or her own clothing
  31. 27Provision of clothing to prisoners
  32. 28Changes of clothing
  33. 29Prisoners' food
  34. 30Personal hygiene
  35. Part 5: HEALTH AND WELFARE
  36. 31Smoking
  37. 32Provision of medical and other services and facilities
  38. 33General duty of medical officers to attend prisoners
  39. 34Notification to a medical officer of prisoners requiring attention
  40. 35Arrangements for care by other medical practitioners or other persons providing professional services or at outside facilities
  41. 36Duty of medical officer to visit prisoners subject to cellular confinement
  42. 37Duty of medical officer to notify certain matters
  43. 38Notification of relatives and friends of prisoners suffering serious illness, etc
  44. 39Transfer to hospital for treatment for mental disorder
  45. 40Records of medical treatment
  46. 41Prisoners' welfare
  47. 42Visits to untried and civil prisoners by medical and dental practitioners
  48. Part 6: RELIGION
  49. 43Facilities for religious practice
  50. 44Duties of members of the chaplaincy team
  51. 45Visiting ministers
  52. 46Religious services and visits
  53. 47Religious books, items and practices
  54. Part 7: PRIVILEGES AND PRISONERS' PROPERTY
  55. 48Possession of tobacco by untried and civil prisoners
  56. 49Privileges
  57. 50Reception of personal property of prisoners
  58. 51Storage or disposal of personal property of prisoners
  59. 52Personal property of prisoners in rooms or cells
  60. 53Prisoners' money
  61. 54Supplies of books, newspapers, etc to prisoners
  62. Part 8: COMMUNICATIONS
  63. 55Current affairs
  64. 56Prisoners' correspondence
  65. 57Opening and reading of correspondence from and to courts
  66. 58Opening and reading of correspondence from and to legal advisers
  67. 59Opening and reading of other correspondence
  68. 60Restrictions on prisoners' correspondence
  69. 61Provision of writing materials and payment of postage
  70. 62Communication by telephone
  71. 63Visits by persons of a prisoner’s choice
  72. 64Visits to untried and civil prisoners by persons of a prisoner’s choice
  73. 65Entitlement to accumulated visits
  74. 66Visits by legal advisers
  75. 67Visits by procurators fiscal
  76. 68Visits by police constables
  77. 69Visits by representatives of diplomatic services and national or international authorities or organisations
  78. 70Special visits to certain prisoners in connection with further proceedings
  79. 71Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament
  80. 72Visits by the Parliamentary Commissioner for Administration or Officers on the Commissioner’s behalf
  81. 73Visits by journalists, authors or media representatives
  82. 74Visits by members of the Parole Board for Scotland
  83. 75Visits by members or employees of the Scottish Criminal Cases Review Commission
  84. 76Visits by persons in connection with disciplinary proceedings
  85. 77Restrictions and conditions applicable to visits under Part 8
  86. 78Closed visiting facilities
  87. 79Arrangements for securing release of prisoners committed to prison in default of payments
  88. Part 9: WORK, EDUCATION, EARNINGS AND RECREATION
  89. 80Application of Part 9
  90. 81Arrangements for work, education and counselling
  91. 82Prisoners' work
  92. 83Conditions of work or activities in lieu of work
  93. 84Work opportunities
  94. 85Work undertaken by untried and civil prisoners
  95. 86Education
  96. 87Counselling
  97. 88Earnings
  98. 89Exercise and time in the open air
  99. 90Recreation
  100. 91Prohibition on prisoners' carrying on any trade, profession or vocation from prison
  101. Part 10: SECURITY AND CONTROL
  102. 92Supervision of the prison and control of prisoners
  103. 93Control of prisoners
  104. 94Removal from association
  105. 95Prohibited articles
  106. 96Unauthorised property
  107. 97Orders as to the use of restraints
  108. 98Conditions of use of restraints
  109. 99Temporary confinement in a special cell
  110. 100Temporary confinement to cell
  111. 101Admission of visitors
  112. 102Searching of visitors
  113. 103Removal of visitors
  114. 104Searching of persons providing contracted out services
  115. 105Viewing of prisons
  116. 106Searching of prisoners
  117. 107Compulsory testing for controlled drugs
  118. 108Compulsory testing for alcoholic liquor
  119. 109Searching of prisoners' property and cells
  120. 110Custody outside prison
  121. 111Special escorted leave
  122. 112Escorted day absence
  123. Part 11: DISCIPLINE
  124. 113Conduct constituting a breach of discipline
  125. 114Reports of breaches of discipline and removal from association
  126. 115Disciplinary charges
  127. 116Inquiry into disciplinary charges
  128. 117Adjudication of charges
  129. 118Breaches of discipline occurring before reception into prison
  130. 119Governor’s punishments
  131. 120Suspended punishments
  132. Part 12: REQUESTS AND COMPLAINTS
  133. 121Requests to speak to an officer of the Scottish Ministers, a member of the visiting committee, a sheriff or a justice of the peace
  134. 122Requests and complaints to the visiting committee
  135. 123Complaints to the residential officer
  136. 124Complaints to the residential unit manager
  137. 125Referral of complaints to the internal complaints committee
  138. 126Referral of complaints to the Governor
  139. 127Complaints to the Governor in relation to confidential matters
  140. 128Complaints concerning medical treatment
  141. 129Requests, complaints and representations to the Scottish Ministers in relation to certain matters
  142. 130Appeals in relation to disciplinary proceedings
  143. 131Power of Scottish Ministers to quash findings of guilt and to remit or mitigate punishments
  144. 132Direction with respect to complaints procedures
  145. Part 13: FEMALE PRISONERS
  146. 133Separation of male and female prisoners
  147. 134Pregnancy and confinement
  148. 135Accommodation of female prisoners' babies
  149. Part 14: TRANSFER AND DISCHARGE OF PRISONERS
  150. 136Pre-release preparation
  151. 137Medical assessment prior to transfer or release
  152. 138Provision of clothing and return of property on release of prisoner
  153. 139Part payment of fines by fine defaulters
  154. Part 15: TEMPORARY RELEASE
  155. 140Short leave and winter and summer leave
  156. 141Pre-release leave
  157. 142Unescorted day release of prisoners assigned low supervision level
  158. 143Unescorted day release of prisoners assigned low supervision level for compassionate reasons
  159. 144Temporary release for work etc.
  160. 145Unavailability of temporary release
  161. 146Recall of prisoners granted temporary release
  162. 147Direction with respect to temporary release
  163. Part 16: OFFICERS AND EMPLOYEES
  164. 148General duty of officers and employees
  165. 149Transactions with prisoners or in connection with the prison
  166. 150Fees and gratuities
  167. 151Searches of officers and employees
  168. 152Communications to the press etc.
  169. 153Code of conduct
  170. Part 17: VISITING COMMITTEES
  171. 154Application of Part 17
  172. 155Constitution of visiting committees
  173. 156Minimum number of women members of visiting committees for young offenders institutions
  174. 157Proceedings of visiting committees
  175. 158General duties of visiting committees and members of committees
  176. 159Investigation of complaints
  177. 160Visits to prisons by members of visiting committees
  178. 161Inspection of prison records
  179. 162Annual report
  180. 163Conflicts of interest
  181. 164Visiting committees for legalised police cells
  182. Part 18: SUPPLEMENTARY
  183. 165Directions
  184. 166Revocations
  185. 167Savings and transitional provisions
  186. Signature
  187. Schedule 1BREACHES OF DISCIPLINE
  188. Schedule 2CONSTITUTION OF VISITING COMMITTEES
  189. Schedule 3CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS
  190. Schedule 4REVOCATIONS
  191. Schedule 5: SAVINGS AND TRANSITIONAL PROVISIONS
  192. 1Savings and transitional provisions for the 1994 Rules
  193. Explanatory note