Article 94 Removal from association

(1)

Where it appears to the Governor desirable for the purpose of–

(a)

maintaining good order or discipline;

(b)

protecting the interests of any prisoner; or

(c)

ensuring the safety of other persons,

the Governor may order in writing that a prisoner shall be removed from association with other prisoners, either generally or during any period the prisoner is engaged or taking part in a prescribed activity.

(2)

If the Governor makes an order under paragraph (1) in relation to a prescribed activity, the Governor may specify only one prescribed activity in the order.

(3)

In this rule, “prescribed activity” means–

(a)

work required to be undertaken in terms of rule 82;

(b)

educational classes undertaken in terms of rule 86;

(c)

counselling provided in terms of rule 87;

(d)

participating in any activity mentioned in rule 89(1)(a)(i) or (b)(i) or spending time in the open air in accordance with rule 89(1)(a)(ii) or (b)(ii);

(e)

recreational activities; or

(f)

attendance at any religious service or meeting which the prisoner would otherwise have been entitled to attend in terms of rule 46(1).

(4)

The Governor when making an order under paragraph (1), shall–

(a)

specify in the order whether the removal from association is–

(i)

in general; or

(ii)

in relation to a prescribed activity;

(b)

if the removal is in relation to a prescribed activity, specify which activity the order relates to;

(c)

specify in the order the reasons why the order is made;

(d)

record in the order the date and time it is made; and

(e)

explain to the prisoner the reasons why the order is made and provide the prisoner with a copy of the written order.

(5)

A prisoner who has been removed from association generally or during any period that the prisoner is engaged in or taking part in a prescribed activity by virtue of an order made by the Governor in terms of paragraph (1) shall not be subject to such removal for a period in excess of 72 hours from the time of the order, except where the Scottish Ministers have granted written authority on the application of the Governor, prior to the expiry of the said period of 72 hours.

(6)

An authority granted by the Scottish Ministers under paragraph (5) shall have effect for a period of one month commencing from the expiry of the period of 72 hours mentioned in paragraph (5) but the Scottish Ministers may, on any subsequent application of the Governor, renew the authority for further periods of one month commencing from the expiry of the previous authority.

(7)

The Governor–

(a)

may–

(i)

cancel an order under paragraph (1) at any time if the Governor considers it appropriate to do so;

(ii)

vary an order made under paragraph (1) in terms of which the prisoner has been removed from association generally in order to restrict the effect of that order to removal from association during any period the prisoner is engaged in or taking part in any one or more prescribed activities as may be specified in the variation order;

(iii)

if appropriate, further vary an order under paragraph (1) which has previously been varied under sub paragraph (ii) above by further restricting the number of prescribed activities to which removal from association applies; or

(b)

shall cancel any order under paragraph (1) if a medical officer advises on medical grounds that the Governor should do so.

(8)

The Governor may allow a prisoner who has been removed from association under this rule to associate with other prisoners who have been removed from association under this rule, for the purpose of engaging or taking part in a prescribed activity.

(9)

If a prisoner is moved by the Scottish Ministers from any prison to any other prison in terms of section 10 of the Act^f1, any order under paragraph (1), or any authority under paragraph (5), made or granted in relation to the prisoner whilst confined in the former prison shall cease to have effect, but without prejudice to the power of the Governor of the prison to which the prisoner is moved to make a new order under paragraph (1).

(10)

Where a prisoner has been removed from association under this rule, a medical officer shall visit that prisoner as soon as practicable and thereafter as often as is necessary but at least once in every 7 days.

Annotations

Footnotes

f1: Section 10 was substituted by the 1993 Act, section 22.