The Prisons and Young Offenders Institutions (Scotland) Rules 2006
S.S.I. 2006/94 · Made 2 March 2006
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Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any “existing prisoner” within the meaning specified in paragraph 1 of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
- Part 1: GENERAL
- 1Citation and commencement
- 2Application of Rules
- 3Application of Rules to contracted out prisons
- 4Suspension of certificate of a prisoner custody officer
- 5Interpretation
- 6Elimination of discrimination
- 7Availability of Rules and directions
- Part 2: RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION
- 8Production of warrant, order, direction or certificate
- 9Procedure on reception of prisoners
- 10Interview and medical examination of prisoners on reception
- 11Information to be given to prisoners on reception
- 12Registration and records of prisoners
- 13Classification of prisoners
- 14Allocation of prisoners
- 15Separation of different categories of prisoners
- Part 3: SUPERVISION LEVELS
- 16Supervision levels
- 17Assignment of supervision levels
- 18Information regarding assignment of a supervision level
- 19Right to make representations prior to certain reviews of supervision level
- 20Imposition of special security measures
- 21Reviews of imposition of special security measures
- Part 4: PHYSICAL AND PERSONAL ENVIRONMENT
- 22Accommodation of prisoners in cells and rooms
- 23Standard of accommodation
- 24Provision of bedding
- 25Entitlement of an untried prisoner to wear his or her own clothing
- 26Circumstances in which a prisoner other than an untried prisoner may wear his or her own clothing
- 27Provision of clothing to prisoners
- 28Changes of clothing
- 29Prisoners' food
- 30Personal hygiene
- Part 5: HEALTH AND WELFARE
- 31Smoking
- 32Provision of medical and other services and facilities
- 33General duty of medical officers to attend prisoners
- 34Notification to a medical officer of prisoners requiring attention
- 35Arrangements for care by other medical practitioners or other persons providing professional services or at outside facilities
- 36Duty of medical officer to visit prisoners subject to cellular confinement
- 37Duty of medical officer to notify certain matters
- 38Notification of relatives and friends of prisoners suffering serious illness, etc
- 39Transfer to hospital for treatment for mental disorder
- 40Records of medical treatment
- 41Prisoners' welfare
- 42Visits to untried and civil prisoners by medical and dental practitioners
- Part 6: RELIGION
- 43Facilities for religious practice
- 44Duties of members of the chaplaincy team
- 45Visiting ministers
- 46Religious services and visits
- 47Religious books, items and practices
- Part 7: PRIVILEGES AND PRISONERS' PROPERTY
- 48Possession of tobacco by untried and civil prisoners
- 49Privileges
- 50Reception of personal property of prisoners
- 51Storage or disposal of personal property of prisoners
- 52Personal property of prisoners in rooms or cells
- 53Prisoners' money
- 54Supplies of books, newspapers, etc to prisoners
- Part 8: COMMUNICATIONS
- 55Current affairs
- 56Prisoners' correspondence
- 57Opening and reading of correspondence from and to courts
- 58Opening and reading of correspondence from and to legal advisers
- 59Opening and reading of other correspondence
- 60Restrictions on prisoners' correspondence
- 61Provision of writing materials and payment of postage
- 62Communication by telephone
- 63Visits by persons of a prisoner’s choice
- 64Visits to untried and civil prisoners by persons of a prisoner’s choice
- 65Entitlement to accumulated visits
- 66Visits by legal advisers
- 67Visits by procurators fiscal
- 68Visits by police constables
- 69Visits by representatives of diplomatic services and national or international authorities or organisations
- 70Special visits to certain prisoners in connection with further proceedings
- 71Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament
- 72Visits by the Parliamentary Commissioner for Administration or Officers on the Commissioner’s behalf
- 73Visits by journalists, authors or media representatives
- 74Visits by members of the Parole Board for Scotland
- 75Visits by members or employees of the Scottish Criminal Cases Review Commission
- 76Visits by persons in connection with disciplinary proceedings
- 77Restrictions and conditions applicable to visits under Part 8
- 78Closed visiting facilities
- 79Arrangements for securing release of prisoners committed to prison in default of payments
- Part 9: WORK, EDUCATION, EARNINGS AND RECREATION
- 80Application of Part 9
- 81Arrangements for work, education and counselling
- 82Prisoners' work
- 83Conditions of work or activities in lieu of work
- 84Work opportunities
- 85Work undertaken by untried and civil prisoners
- 86Education
- 87Counselling
- 88Earnings
- 89Exercise and time in the open air
- 90Recreation
- 91Prohibition on prisoners' carrying on any trade, profession or vocation from prison
- Part 10: SECURITY AND CONTROL
- 92Supervision of the prison and control of prisoners
- 93Control of prisoners
- 94Removal from association
- 95Prohibited articles
- 96Unauthorised property
- 97Orders as to the use of restraints
- 98Conditions of use of restraints
- 99Temporary confinement in a special cell
- 100Temporary confinement to cell
- 101Admission of visitors
- 102Searching of visitors
- 103Removal of visitors
- 104Searching of persons providing contracted out services
- 105Viewing of prisons
- 106Searching of prisoners
- 107Compulsory testing for controlled drugs
- 108Compulsory testing for alcoholic liquor
- 109Searching of prisoners' property and cells
- 110Custody outside prison
- 111Special escorted leave
- 112Escorted day absence
- Part 11: DISCIPLINE
- 113Conduct constituting a breach of discipline
- 114Reports of breaches of discipline and removal from association
- 115Disciplinary charges
- 116Inquiry into disciplinary charges
- 117Adjudication of charges
- 118Breaches of discipline occurring before reception into prison
- 119Governor’s punishments
- 120Suspended punishments
- Part 12: REQUESTS AND COMPLAINTS
- 121Requests to speak to an officer of the Scottish Ministers, a member of the visiting committee, a sheriff or a justice of the peace
- 122Requests and complaints to the visiting committee
- 123Complaints to the residential officer
- 124Complaints to the residential unit manager
- 125Referral of complaints to the internal complaints committee
- 126Referral of complaints to the Governor
- 127Complaints to the Governor in relation to confidential matters
- 128Complaints concerning medical treatment
- 129Requests, complaints and representations to the Scottish Ministers in relation to certain matters
- 130Appeals in relation to disciplinary proceedings
- 131Power of Scottish Ministers to quash findings of guilt and to remit or mitigate punishments
- 132Direction with respect to complaints procedures
- Part 13: FEMALE PRISONERS
- 133Separation of male and female prisoners
- 134Pregnancy and confinement
- 135Accommodation of female prisoners' babies
- Part 14: TRANSFER AND DISCHARGE OF PRISONERS
- 136Pre-release preparation
- 137Medical assessment prior to transfer or release
- 138Provision of clothing and return of property on release of prisoner
- 139Part payment of fines by fine defaulters
- Part 15: TEMPORARY RELEASE
- 140Short leave and winter and summer leave
- 141Pre-release leave
- 142Unescorted day release of prisoners assigned low supervision level
- 143Unescorted day release of prisoners assigned low supervision level for compassionate reasons
- 144Temporary release for work etc.
- 145Unavailability of temporary release
- 146Recall of prisoners granted temporary release
- 147Direction with respect to temporary release
- Part 16: OFFICERS AND EMPLOYEES
- 148General duty of officers and employees
- 149Transactions with prisoners or in connection with the prison
- 150Fees and gratuities
- 151Searches of officers and employees
- 152Communications to the press etc.
- 153Code of conduct
- Part 17: VISITING COMMITTEES
- 154Application of Part 17
- 155Constitution of visiting committees
- 156Minimum number of women members of visiting committees for young offenders institutions
- 157Proceedings of visiting committees
- 158General duties of visiting committees and members of committees
- 159Investigation of complaints
- 160Visits to prisons by members of visiting committees
- 161Inspection of prison records
- 162Annual report
- 163Conflicts of interest
- 164Visiting committees for legalised police cells
- Part 18: SUPPLEMENTARY
- 165Directions
- 166Revocations
- 167Savings and transitional provisions
- Signature
- Schedule 1BREACHES OF DISCIPLINE
- Schedule 2CONSTITUTION OF VISITING COMMITTEES
- Schedule 3CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS
- Schedule 4REVOCATIONS
- Schedule 5: SAVINGS AND TRANSITIONAL PROVISIONS
- 1Savings and transitional provisions for the 1994 Rules
- Explanatory note