Article 5 Interpretation

In these Rules, unless the context otherwise requires, the following expressions shall have the meanings ascribed to them:–

• “the Act” means the Prisons (Scotland) Act 1989;

• “the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993^f1;

• “the 1994 Act” means the Criminal Justice and Public Order Act 1994^f2;

• “the 1994 Rules” means the Prisons and Young Offenders Institutions (Scotland) Rules 1994^f3;

• “the 1995 Act” means the Criminal Procedure (Scotland) Act 1995^f4;

• “appellant” means a prisoner–

  1. (a)

     who appeals under section 106 or 175 of the Criminal Procedure (Scotland) Act 1995^f5 against his or her conviction or sentence, or against both conviction and sentence;

  2. (b)

     whose case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission pursuant to section 194B(1) of the 1995 Act^f6;

  3. (c)

     who appeals by way of bill of suspension against his or her conviction or sentence, or both conviction and sentence, in summary proceedings;

  4. (d)

     who appeals under section 8 of the Courts-Martial (Appeals) Act 1968^f7 against his or her conviction or sentence, or both conviction and sentence, or who appeals under section 39(1)^f8 of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or

  5. (e)

     who is returned to prison under section 18(2) of the 1993 Act and who appeals under section 19 of that Act,

  and, for the purposes of this definition, a prisoner shall be deemed to be an appellant from the time–

  1. (i)

     in the case of an appeal as mentioned in sub paragraph (a) in solemn proceedings, he or she lodges an intimation of intention to appeal in terms of section 109(1)^f9 of the 1995 Act or, in the case of an appeal against sentence only, a note of appeal in terms of section 110(1)^f10 of that Act;

  2. (ii)

     in the case of an appeal as mentioned in sub paragraph (a) in summary proceedings, he or she lodges an application for a stated case under section 176(1) of the 1995 Act or, in the case of an appeal against sentence only, a note of appeal under section 186(1)^f11 of that Act;

  3. (iii)

     in the case of a reference as referred to in sub paragraph (b), the Secretary of State or, as the case may be, the Scottish Criminal Cases Review Commission refers the case to the High Court of Justiciary;

  4. (iv)

     in the case of an appeal as referred to in sub paragraph (c), he or she lodges the bill of suspension;

  5. (v)

     in the case of an appeal as referred to in sub paragraph (d), he or she presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968^f12; or

  6. (vi)

     in the case of an appeal as referred to in sub paragraph (e), he or she lodges a note of appeal,

  until the appeal, or, as the case may be, the reference is finally disposed of or abandoned in its entirety;

• “chaplain” means the person who is appointed pursuant to section 3(2) of the Act^f13 as the chaplain to a prison;

• “chaplaincy team” consists of the chaplain and any prison minister and any visiting minister;

• “civil prisoner” means a person who is committed to prison–

  1. (a)

     by virtue of non compliance with an order under section 45 of the Court of Session Act 1988^f14;

  2. (b)

     under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882^f15;

  3. (c)

     by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940^f16;

  4. (d)

     for contempt of court or for non payment of a fine imposed for contempt of court; or

  5. (e)

     for breach of interdict;

• “closed visiting facilities” means visiting facilities which adopt special security features including physical barriers between prisoner and visitor;

• “clothing” includes footwear, jewellery and other objects worn for personal adornment;

• “constable” has the same meaning as in section 51(1) of the Police (Scotland) Act 1967^f17;

• “contracted out prison” means a prison or part of a prison for the running of which a contract under section 106 of the 1994 Act^f18 is for the time being in force;

• “contracted out services” means services to a prison (other than a contracted out prison) or to staff or prisoners therein, provided other than by officers or employees;

• “controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971^f19;

• “Deputy Governor” means the officer who is appointed to act in place of the Governor-in-Charge during any period when the Governor in Charge is temporarily absent from the prison;

• “employee” means an employee (not being an officer of a prison) appointed by the Scottish Ministers under section 2(1) of the Act;

• “film” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988^f20;

• “Governor” means–

  1. (a)

     in this rule, rules 82(4), 92, 107, 108 and in any rule in Part 12 (other than rule 122), the Governor in Charge;

  2. (b)

     in rules 6, 7, 13, 29 and 81 and in any rule in Parts 3, 8, 10 (other than rules 107 and 108), 11 and 14 to 17 and, unless otherwise expressly provided for, in directions made under rules 17(2)(g), 17(3), 19(1)(b)(iii), 21(5), 59(3)(b), 60(2), 62(2), 77(3) and 88, any of the following–

     1. (i)

        the Governor in Charge;

     2. (ii)

        the Deputy Governor;

     3. (iii)

        any authorised Unit Manager; and

     4. (iv)

        where there is no officer as mentioned in sub paragraphs (i) to (iii) above present for the time being in the prison, the most senior officer who is present in prison at that time; and

  3. (c)

     in any other provision in these Rules, any officer;

• “Governor in Charge” means the officer who is appointed as the Governor in overall charge of the prison or, in the case of legalised police cells, the constable who is in charge of the cells;

• “legal adviser” means a person who is entitled to practise–

  1. (a)

     as a solicitor, an advocate or a barrister in any part of the United Kingdom; or

  2. (b)

     as a member of the corresponding profession of solicitor, advocate or barrister in any Member State of the European Community,

  and includes the authorised clerk or employee of such a person;

• “letter” includes any communication in written form which–

  1. (a)

     is directed to a specific person or address; and

  2. (b)

     relates to the personal, private or business affairs of, or the business affairs of the employer of, either correspondent,

  and includes an envelope containing any such communication;

• “life prisoner” means a person serving a sentence of imprisonment for life;

• “long term prisoner” means a person serving a sentence of imprisonment for a term of four years or more which was imposed on or after 1st October 1993 and includes any person who is treated as such a prisoner for the purposes of any provision of Part I of the 1993 Act;

• “media representative” means a photographer, cameraman or a researcher or producer for or of any television, radio or other programme intended for broadcast or transmission by any form of electronic medium;

• “medical officer” means a registered medical practitioner who is–

  1. (a)

     appointed as a medical officer by virtue of an appointment made under section 3(1) of the Act prior to its amendment by section 43(1) of the Crime and Punishment (Scotland) Act 1997^f21;

  2. (b)

     appointed to be a medical officer for the prison under section 3A(2)(a) of the Act^f22; or

  3. (c)

     providing, or supervising the provision of, appropriate medical services within the meaning of section 3A(3) of the Act^f23, in accordance with an arrangement made under section 3A(2)(b) of the Act^f24,

  and, except where the context otherwise requires, any reference to a medical officer includes such an officer who is for the time being liable to be required to attend at the prison;

• “officer” means–

  1. (a)

     an officer of the prison appointed by the Scottish Ministers and includes the Governor and, for the purposes of rule 109, includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 114 of the 1994 Act^f25; or

  2. (b)

     in the case of a legalised police cell, any constable.

• “photograph” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988^f26;

• “Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994^f27 or any officer of the Scottish Children’s Reporter Administration to whom there is delegated, under section 131(1) of that Act, any function of the Principal Reporter under the Children (Scotland) Act 1995^f28;

• “prison minister” means a person who is appointed by the Scottish Ministers pursuant to section 9(1) of the Act as a minister to a prison;

• “prohibited article” means–

  1. (a)

     any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971^f29;

  2. (b)

     any firearm or any ammunition within the meaning of the Firearms Act 1968^f30;

  3. (c)

     any offensive weapon within the meaning of section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995^f31;

  4. (d)

     any article to which section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 applies; or

  5. (e)

     alcoholic liquor;

• “reception”, in relation to a prisoner committed to prison means the process of receiving a prisoner into prison–

  1. (a)

     on his or her removal to prison from court, or any other place, in implementation of the warrant, order or certificate ordering or authorising his or her detention in custody; or

  2. (b)

     on his or her transfer to any prison from any other prison, or from any remand centre, young offenders institution or other place where he or she was liable to be detained in custody,

  and cognate expressions shall be construed accordingly;

• “refugee” means–

  1. (a)

     a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the UN Convention relating to the Status of Refugees done at Geneva on 28th July 1951^f32 as extended by the Protocol thereto which entered into force on 4th October 1987^f33 or, as the case may be, the Protocol relating to the status of refugees done at New York on 31st January 1967^f34; or

  2. (b)

     a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s Government though not yet recognised;

• “residential officer” means an officer who is required by the Governor to supervise a specific area of living accommodation for prisoners;

• “residential unit manager” means an officer who is required by the Governor to manage a number of areas of living accommodation for prisoners;

• “short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years which was imposed on or after 1st October 1993 and includes any person who is treated as such a prisoner for the purposes of any provision of Part I of the 1993 Act;

• “smoke” has the meaning assigned to it in the Smoking, Health and Social Care (Scotland) Act 2005^f35;

• “sound recording” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988^f36;

• “special cell” means a room or cell which is adapted for the temporary accommodation of refractory or violent prisoners and whose features may include special sound-proofing, strengthened fixtures and fittings or the absence of any window;

• “stateless person” has the meaning assigned to it in article 1 of the Convention relating to the Status of Stateless Persons 1954^f37;

• “supervision level” means a supervision level which may be assigned in accordance with Part 3 of these Rules;

• “Unit Manager” means an officer who is appointed to manage a function or group of functions within the prison;

• “untried prisoner” means a person who is committed to prison–

  1. (a)

     for examination or trial on any criminal charge;

  2. (b)

     by virtue of remand in custody under the Extradition Act 2003^f38; or

  3. (c)

     by virtue of detention under Schedule 2 or 3 to the Immigration Act 1971^f39,

  but does not include any such person who is for the time being serving a sentence of imprisonment;

• “visiting minister” means a minister who is allowed to visit prisoners of his or her denomination in terms of section 9(3) of the Act^f40;

• “young prisoner” means a prisoner who is under 16 years of age.

Unless the context otherwise requires, any reference in these Rules to a numbered rule is a reference to the rule in these Rules bearing that number; any reference to a numbered Schedule is a reference to the Schedule to these Rules bearing that number and any reference in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.

Except where the context otherwise requires, for the purposes of any reference, however expressed, in these Rules to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, that person has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.