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Article 64 Visits to untried and civil prisoners by persons of a prisoner’s choice

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This rule applies to visits to an untried prisoner or a civil prisoner by any person with whom the prisoner wishes to communicate.

(2)

An untried prisoner or a civil prisoner–

(a)

shall be allowed to receive (other than on 1st January or 25th December in any year)–

(i)

a visit of at least 30 minutes' duration in terms of this rule on any day of the week other than a Saturday or Sunday; and

(ii)

where the prisoner has not received a visit on every day of the preceding Monday to Friday, a visit of at least 30 minutes' duration on a Saturday or a Sunday; and

(b)

at the discretion of the Governor may receive a visit of such duration as he or she thinks fit on a Saturday or a Sunday or on 1st January or 25th December in any year.

(3)

For the purposes of this rule–

(a)

a visit may take place during such hours and, subject to the other provisions of this rule, under such conditions as the Governor may specify;

(b)

the number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(4)

Where an untried prisoner or a civil prisoner receives a visit in terms of this rule–

(a)

the visit shall take place within the sight of an officer; but

(b)

no officer shall listen to any conversation between the prisoner and his or her visitor except where the Governor otherwise directs.

(5)

Where the Scottish Ministers consider that it is not practicable to allow untried prisoners or civil prisoners the minimum period for visits specified in paragraph (2) due to circumstances pertaining in, or facilities available at, any prison, they may by direction provide that paragraph (2) shall apply in relation to untried prisoners or civil prisoners in that prison subject to such reduced minimum period as may be specified in the direction.

(6)

Paragraph (8) of rule 63 shall apply to visits to an untried prisoner or a civil prisoner in terms of this rule as it applies to other prisoners.

(7)

This rule does not apply to visits which a prisoner may receive by virtue of rules 44 to 46 and 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.