Explanatory note

These Rules replace the Prisons and Young Offenders Institutions (Scotland) Rules 1994 as amended and introduce a new rule (31) about smoking in prisons and a new rule (142) about temporary release for eligible prisoners to maintain family and community links. In addition the following amendments have been made:

Rule 39 reflects the arrangements now in place following the introduction of the Mental Health (Care and Treatment) (Scotland) Act 2003 relating to the transfer to hospital of a prisoner, for the assessment and treatment for mental disorder.

Rule 102(4)(a) now allows the visual examination (without the use of force or any instruments) of a visitor’s open mouth by an officer of either gender;

Rule 106(3)(a) now allows the visual examination (without the use of force or instruments) of a prisoner’s open mouth by an officer of either gender;

The rules (and parts of rules) relating to the awarding of additional days and the forfeiture of remission by Governor’s as a punishment for a breach of discipline have been removed from these (2006) Rules.

These Rules have been drafted in gender neutral terms. Consequently there have been a number of textual changes from the 1994 Rules.

Part 1 of the Rules (rules 1 to 7) makes provision for citation, commencement, application and interpretation. It also provides for certain duties of the Governor in relation to elimination of discrimination and the making available of a copy of the Rules and of any directions to officers and prisoners. Rule 2 provides that the Rules apply to young offenders institutions and to young offenders as they apply to prisons and prisoners. Rule 3 makes provision for the application of the rules to contracted out prisons.

Part 2 (rules 8 to 15) deals with matters relating to reception of prisoners, prisoner records, classification of prisoners and location of prisoners within prisons. In relation to reception, there are provisions as to the manner in which a prisoner is to be dealt with including the information the prisoner must be given (rules 9 to 11). Rule 12 deals with registration and records of prisoners. Rule 13 relates to classification and rule 14 deals with the allocation of prisoners within prisons.

Part 3 (rules 16 to 21) relate to procedures for assigning supervision levels. Separate provision is made for imposition of special security measures. Part 4 (rules 22 to 30) regulates matters affecting the physical and personal environment in which prisoners are confined.

Part 4 (Rules 22 to 24) specify conditions relating to cellular accommodation. Rules 25 to 28 make provision for requirements in relation to clothing. Subject to certain conditions, untried prisoners are allowed to wear their own clothes except where the provisions of rule 25(2) apply. Rule 26 specifies the circumstances in which any prisoner other than an untried prisoner may wear their own clothing. Rules 29 and 30 set out requirements in relation to the provision of food and prisoners' hygiene.

Part 5 (rules 31 to 42) makes provision in relation to the health and welfare of prisoners. The duties of medical officers are specified in rules 33, 34 to 37, 38 to 40. Rule 41 requires the governor to provide assistance and facilities to assist prisoners to maintain relationships with family, friends and agencies who may offer them assistance. Special provision is made for visits to untried and civil prisoners by their own doctors and dentists (rule 42).

Part 6 (rules 43 to 47) makes provision in relation to religious practice by a prisoner. Rule 44 enables the Chaplain, any prison minister appointed under section 9(1) of the Prisons (Scotland) Act 1989, and any other minister (“visiting minister”) allowed to visit prisoners in terms of section 9(3) of the Act to visit prisoners and conduct religious services or meetings for prisoners. Rule 45 requires the Governor to make arrangements for visits by visiting ministers. Rule 46 permits prisoners to attend services or meetings of their religious denomination and makes provision in relation to visits by the Chaplain or other minister.

Part 7 (rules 48 to 54) makes provision for privileges and the regulation of property belonging to prisoners which is received or kept at the prison. Rule 49 requires governors to establish a system of privileges in the prison. Such a system shall not affect any entitlement of a prisoner as specified in the rules and any such entitlement is not to be regarded as a privilege for the purposes of disciplinary punishment which may provide for forfeiture of privileges. The handling of prisoners' property in general and money in particular is dealt with in rules 50 to 54.

Part 8 (rules 55 to 79) deals with various matters relating to arrangements enabling prisoners to communicate with persons outwith the prison. Correspondence is dealt with in rules 56 to 61. Special provisions relating to the correspondence between prisoners and courts and legal advisers are contained in rules 57 and 58. Other correspondence is regulated by rules 56 and 59 to 61. Every prisoner is entitled to send at least one letter every week at the expense of the Scottish Ministers. Entitlement of prisoners to make telephone calls from the prison is regulated by rule 62 and any direction which may be made for the purposes of that rule. Visits to prisoners are provided for in rules 63 to 78. Rule 63 specifies the minimum entitlement to visits for prisoners (rule 64 making similar provision for untried and civil prisoners). Rule 65 enables certain prisoners to carry forward their unused visiting allowance where they are moved to another prison. Rules 66 to 69 make special provision in relation to visits by legal advisers, procurators fiscal, police constables, and representatives of diplomatic services and national or international authorities or organisations. Rule 70 makes special provision where a prisoner requires to see persons in connection with legal proceedings. Rules 71 to 76 make express provision with regard to visits by Members of Parliament, members of the Scottish Parliament, representatives to the European Parliament, the Parliamentary Commissioner for Administration, the Parole Board for Scotland, journalists, authors or media representatives and persons in connection with disciplinary proceedings. Rule 77 enables the governor to terminate visits in certain circumstances and enables the Scottish Ministers to impose such conditions as may be specified in a direction on the entitlement of a prisoner to receive visits. Rule 78 provides for the use of closed visiting facilities in certain circumstances. Special arrangements for prisoners committed to prison in default of payments are set out in rule 79 to enable them to communicate with any person to arrange payment of money in order to secure their release.

Part 9 (rules 80 to 91) makes provision in relation to work, education, earnings, counselling and recreational activity. Except for young prisoners and untried and civil prisoners, all prisoners are required to work, for which they are entitled to receive earnings in terms of rule 88. Rules 89 and 90 make provision in relation to exercise and recreational activity. Prisoners are not permitted to carry on any trade, profession or vocation from the prison but are not prevented from writing articles or books (rule 91).

Part 10 (rules 92 to 112) makes provision in relation to security matters and the control of prisoners. General duties are dealt with in rules 92 and 93. Removal of a prisoner from association with other prisoners is dealt with in rule 94. Rules 95 and 96 regulate possession of prohibited articles and other property. The use of restraints for the control of prisoners is regulated by rules 97 and 98. Provision for the temporary confinement in special cells of violent prisoners is made in rule 99. Provision is also made in rule 100 to enable temporary confinement for a short period (not exceeding 30 minutes) where a prisoner’s behaviour is such that it is appropriate to require him or her to remain in his or her cell. Admission and searching and removal of visitors is regulated by rules 101, 102 and 103. The searching of persons providing contracted out services is dealt with by rule 104. The searching of prisoners is regulated by rule 106. Compulsory testing for controlled drugs and alcohol are dealt with by rules 107 and 108 respectively. Searching prisoners' property is regulated by rule 108. Provision for prisoners' leave of absence under escort is made in rules 111 and 112.

Part 11 (rules 113 to 120) makes provision in relation to the disciplinary system. The acts or omissions constituting a breach of discipline are specified in Schedule 1. Rules 114 to 118 relate to the adjudication of charges of breaches of discipline and specify the procedure to be followed. Rules 119 and 120 regulate the imposition of punishments in relation to breaches of discipline.

Part 12 (rules 121 to 132) makes provision in relation to requests and complaints by prisoners. Rules 122 to 132 deal with the internal grievance procedures which a prisoner may invoke. The system provides for complaints to be made initially to a designated officer in the prisoner’s accommodation hall. Thereafter, the complaint may be referred progressively to the manager of that hall, the internal complaints committee, and finally to the Governor in charge. There is a separate procedure prescribed for referring confidential matters directly to the Governor in charge for making complaints against medical officers and for referring certain categories of request directly to the Scottish Ministers (rule 128). Rules 129 and 130 make provision in relation to appeals and requests concerning disciplinary matters. Rule 131 makes provision for the Scottish Ministers to quash findings of guilt and to remit or mitigate punishments notwithstanding the conclusion of the internal appeals procedures within the prison.

Part 13 (rules 133 to 135) makes provision in relation to female prisoners, particularly pregnant prisoners or prisoners who have babies and who are permitted to have them in prison.

Part 14 (rules 136 to 139) makes provision in relation to arrangements for prisoners who are being transferred or discharged; and for part payment of fines by fine defaulters.

Part 15 (rules 140 to 147) sets out provisions in terms of which prisoners may be temporarily released from prison. The provisions describe different temporary release schemes comprising short leave and winter and summer leave (rule 140); pre-release leave (rule 141); unescorted day release of prisoners assigned low supervision level (rules 142 and 143); and temporary release for work etc (rule 144).

Part 16 (rules 148 to 153) makes provision in relation to officers and employees. It prescribes general duties and obligations and provides power to the governor to order the search of officers and employees in certain circumstances.

Part 17 (rules 154 to 164) makes provision in relation to visiting committees. Rule 155 sets out the requirement for the constitution of visiting committees of prisons. Rule 156 requires at least one third of the members of each visiting committee for young offenders institutions to be women. Rules 157 to 164 regulate the proceedings of the visiting committees and the duties of members.

Part 18 (rules 165 to 167) contains supplementary provisions in relation to various matters. Rule 165 contains supplementary provision as to the making of directions where any provision of the Rules authorises the making of a direction for a specified purpose. Rules 166 and 167, and Schedules 4 and 5, provide for revocation of various rules and savings and transitional provisions in connection therewith.