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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

S.S.I. 2011/331 · Made 12 September 2011 · Extends to Scotland

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Prisons

Made 12th September 2011

Laid before the Scottish Parliament 14th September 2011

Coming into force 1st November 2011

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Courts-Martial (Appeals) Act 1968 M1, sections 3A, 8, 11, 12, 14, 33A and 39 of the Prisons (Scotland) Act 1989 M2 and sections 104(6) and 114(3) of, and paragraph 3(2)(b) of Schedule 6 to, the Criminal Justice and Public Order Act 1994 M3 and all other powers enabling them to do so.

Annotations to the whole text

Marginal citations

M1

1968 c.20; section 52 was amended by the Prisons (Scotland) Act 1989 (c.45), section 45(1) and Schedule 2, paragraph 10.

M2

1989 c.45; section 3A is to be added by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (“the 2010 Act”), section 110; section 8 was amended by the Management of Offenders etc. (Scotland) Act 2005 (asp 14) (“the 2005 Act”) section 21(6); section 11 was amended by the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40) (“the 1995 Act”) Schedule 4, paragraph 75(2); section 12 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) (“the 1993 Act”) Schedule 5, paragraph 6(2)(a) and Schedule 7, paragraph 1; section 14 was amended by the 1993 Act, Schedule 5, paragraph 6(3) and by the Local Government etc. (Scotland) Act 1994 (c.39) Schedule 13, paragraph 162(3) and Schedule 14, paragraph 1; section 33A was added by the Criminal Justice and Public Order Act 1994 (c.33) (“the 1994 Act”), section 116(3). Section 39 was amended by the 1993 Act, section 24 and 25, Schedule 5, paragraph 6(6)(b) and Schedule 7, paragraph 1; the 1994 Act, section 116(4); the 1995 Act, Schedule 4, paragraph 75(4)(a), by the Crime and Disorder Act 1998 (c. 37), Schedule 8, paragraph 71 and Schedule 10, paragraph 1. Section 39 is to be read with the following sections of the 1989 Act: 19 (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 20A (which was added by the 1993 Act, section 23); 41(2B) (which was added by the 1994 Act section 153(3) and amended by the 2010 Act section 34(1)); 41B(1) (which was added by the 1994 Act, section 151(2) and amended by the 2005 Act, section 16); and 41C(1) (which was added by the Crime and Punishment (Scotland) Act 1997 (c.48), section 42). 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).

M3

1994 c.33.

Contents

  1. Part 1: GENERAL
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of Rules
  5. 4Application of Rules to contracted out prisons
  6. 5Suspension of certificate of a prisoner custody officer
  7. 5ADelegation of Governor functions
  8. 6Elimination of discrimination, harassment and victimisation
  9. 7Availability of Rules, directions etc.
  10. Part 2: RECEPTION, RECORDS, CATEGORISATION AND ALLOCATION
  11. 8Production of warrant, order, direction or certificate
  12. 9Procedure on reception of prisoners
  13. 10Interview of prisoners on reception
  14. 11Information to be given to prisoners on reception
  15. 12Registration and records of prisoners
  16. 13Recording data about a prisoner’s religion, belief or non-belief
  17. 14Categorisation of prisoners
  18. 15Allocation of prisoners
  19. 16Separation of different categories of prisoners
  20. Part 3: SUPERVISION LEVELS
  21. 17Supervision levels
  22. 18Assignment of supervision levels on reception
  23. 19Assignment of supervision levels on review
  24. 19AAssignment of supervision levels on review – coronavirus Repealed
  25. 20Maintaining or lowering a supervision level on review
  26. 20AMaintaining or lowering a supervision level on review – coronavirus Repealed
  27. 21Assigning certain supervision levels on review
  28. 21AAssigning certain supervision levels on review – coronavirus Repealed
  29. 22Direction with respect to supervision levels
  30. 23Imposition of special security measures
  31. 24Provisional imposition of special security measures
  32. 25Reviews of imposition of special security measures
  33. 26Direction with respect to special security measures
  34. 27Disclosure of information considered by the Governor under this Part
  35. Part 4: ACCOMMODATION, CLOTHING, HYGIENE AND FOOD
  36. 28Accommodation of prisoners
  37. 29Standard of accommodation
  38. 30Provision of bedding
  39. 31Convicted prisoners wearing their own clothing
  40. 32Untried and civil prisoners wearing their own clothing
  41. 33Provision of clothing to prisoners
  42. 33AProvision of clothing to prisoners – coronavirus Repealed
  43. 34Personal hygiene
  44. 34APersonal hygiene - coronavirus Repealed
  45. 35Prisoners' food and drink
  46. 35BPrisoners’ food and drink: preparation of meals by prisoner for own consumption
  47. 35APrisoners’ food and drink – coronavirus Repealed
  48. Part 5: HEALTH AND WELFARE
  49. 36Use of nicotine vapour products
  50. 37Provision of accommodation for healthcare services
  51. 38Notification to a healthcare professional of prisoners requiring attention
  52. 39Arrangements for care outwith prison
  53. 40Recommendations by healthcare professionals
  54. 40ARecommendations by healthcare professionals – coronavirus
  55. 41Accommodation in specified conditions
  56. 41AAccommodation in specified conditions – coronavirus
  57. 42Notification of relatives and friends of prisoners suffering serious illness, etc
  58. 43Prisoners' welfare
  59. 43APrisoners’ welfare - coronavirus Repealed
  60. Part 6: RELIGION
  61. 44Practising religion or belief within prison
  62. 44ADeclaration of religion, belief or non-belief
  63. Part 7: PRIVILEGES AND PRISONERS' PERSONAL PROPERTY
  64. 45Privileges
  65. 46Prisoners' personal property
  66. 47Storage of prisoners' personal property in cells or rooms
  67. 48Storage of prisoners' personal property in prison storage facilities
  68. 49Disposal of prisoner's personal property
  69. 50Unclaimed property
  70. 51Prisoners' money
  71. 52Supplies of books, newspapers, etc to prisoners
  72. 52ASupplies of books, newspapers, etc to prisoners – coronavirus Repealed
  73. Part 8: COMMUNICATIONS
  74. Chapter: PRISONERS' CORRESPONDENCE AND OTHER COMMUNICATIONS
  75. 53Current affairs
  76. 54Prisoners' correspondence
  77. 55Restrictions on general correspondence to and from the prisoner
  78. 56Opening and reading of confidential correspondence
  79. 57Confidential correspondence which cannot be clearly identified
  80. 58Opening and reading of correspondence from and to medical practitioners Repealed
  81. 59Privileged correspondence Repealed
  82. 60Restriction on communications
  83. 61Provision of writing materials and payment of postage
  84. 62Communication by communal telephone or in-cell telephone
  85. 62ACommunication by authorised personal communication device
  86. Chapter: PRISON VISITS
  87. 63Visits by persons of a prisoner's choice
  88. 63AVisits to prisoners – coronavirus
  89. 64Visits to untried and civil prisoners by persons of a prisoner's choice
  90. 65Accumulated visits
  91. 66Visits by legal advisers
  92. 67Visits by procurators fiscal
  93. 68Visits by ... constables
  94. 69Visits by representatives of diplomatic services and national or international authorities or organisations
  95. 70Special visits to certain prisoners in connection with further proceedings
  96. 71Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament
  97. 72Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf
  98. 73Visits by media representatives
  99. 74Visits by members of the Parole Board for Scotland
  100. 75Visits by members or employees of the Scottish Criminal Cases Review Commission
  101. 76Visits by persons in connection with disciplinary proceedings
  102. 77Restrictions and conditions applicable to visits under Part 8
  103. 78Closed visiting facilities
  104. 78AVirtual visits
  105. 79Arrangements for securing release of prisoners committed to prison in default of payments
  106. Part 9: WORK, EDUCATION, EARNINGS AND RECREATION
  107. 80Application of Part 9
  108. 81Arrangements for work, education and counselling
  109. 81AArrangements for work, education and counselling – coronavirus Repealed
  110. 82Prisoners' work
  111. 83Conditions of work
  112. 84Purposeful activities
  113. 84APurposeful activities – coronavirus
  114. 85Work undertaken by untried and civil prisoners
  115. 86Earnings
  116. 87Exercise and time in the open air
  117. 88Recreation
  118. 88ARecreation – coronavirus
  119. 89Prohibition on prisoners carrying on any trade, profession or vocation from prison
  120. Part 10: SECURITY
  121. Chapter: SUPERVISION AND CONTROL OF PRISONERS
  122. 90Supervision of the prison and control of prisoners
  123. 91Control of prisoners
  124. 92Searching of prisoners
  125. 93Compulsory testing for controlled drugs
  126. 94Compulsory testing for alcohol
  127. Chapter: CONFINEMENT AND CUSTODY OF PRISONERS
  128. 95Removal from association
  129. 96The use of restraints
  130. 97Temporary confinement in a special cell
  131. 98Temporary confinement in a cell or room
  132. 99Custody outside prison
  133. 100Special escorted leave
  134. 101Escorted day absence
  135. Chapter: SEIZURE AND CONTROL OF PROPERTY
  136. 102Prohibited articles
  137. 103Unauthorised property
  138. 104Seizure and treatment of prohibited articles and unauthorised property
  139. Chapter: SUPERVISION AND CONTROL OF VISITORS
  140. 105Admission of visitors
  141. 106Searching of visitors
  142. 107Removal of visitors
  143. 108Searching of specified persons
  144. 109Viewing of prisons
  145. Part 11: DISCIPLINE
  146. 110Breach of discipline
  147. 111Reporting breaches of discipline
  148. 111AReporting breaches of discipline – coronavirus Repealed
  149. 112Charging breaches of discipline
  150. 113Disciplinary hearings
  151. 114Punishment
  152. 115Suspended punishments
  153. 116Breaches of discipline committed in another prison or during transfer
  154. 116ABreaches of discipline committed in another prison or during transfer – coronavirus Repealed
  155. 117Breaches of discipline involving the use of controlled drugs
  156. 118Disciplinary appeals
  157. 118ADisciplinary appeals – coronavirus Repealed
  158. 119Direction with respect to the disciplinary appeals procedure
  159. Part 12: REQUESTS AND COMPLAINTS
  160. 120Requests to speak to certain persons
  161. 120ARequests to speak to certain persons – coronavirus Repealed
  162. 121Representations and complaints to the Scottish Ministers in relation to certain matters
  163. 122Complaints to the residential first line manager
  164. 122AComplaints to the residential first line manager - coronavirus Repealed
  165. 123Referral of complaints to the Internal Complaints Committee
  166. 123AReferral of complaints to the Internal Complaints Committee – coronavirus Repealed
  167. 124Complaints to the Governor in relation to confidential matters
  168. 125Direction with respect to complaints procedures
  169. Part 13: FEMALE PRISONERS
  170. 126Separation of male and female prisoners
  171. 127Pregnancy and confinement
  172. 128Accommodation of female prisoners' babies
  173. Part 14: TRANSFER AND RELEASE OF PRISONERS
  174. 129Interpretation of Part 14
  175. 130Pre-release preparation
  176. 131Healthcare assessment prior to transfer
  177. 131AHealthcare assessment prior to transfer – coronavirus Repealed
  178. 132Provision of clothing and return of property
  179. 133Release of fine defaulters after payment
  180. Part 15: TEMPORARY RELEASE
  181. 134Eligibility of prisoners for temporary release
  182. 135Applications for, and grant of, temporary release
  183. 136Forms of temporary release
  184. 136AExtension of certain periods of temporary release
  185. 136BExtension of certain periods of temporary release – coronavirus
  186. 137Recall of prisoners granted temporary release
  187. 138Direction with respect to temporary release
  188. Part 16: OFFICERS AND EMPLOYEES
  189. 139General duty of officers and employees
  190. 140Transactions with prisoners or in connection with the prison
  191. 141Fees and gratuities
  192. 142Searching of officers and employees
  193. 143Communications with the media etc.
  194. 144Code of conduct
  195. Part 17: VISITING COMMITTEES Repealed
  196. 145Application of Part 17 Repealed
  197. 146Constitution of visiting committees for prisons Repealed
  198. 147Constitution of visiting committees for young offenders institutions Repealed
  199. 148Proceedings of visiting committees Repealed
  200. 149General duties of visiting committees and members of committees Repealed
  201. 150Investigation of complaints Repealed
  202. 151Visits to prisons by members of visiting committees Repealed
  203. 152Inspection of prison records Repealed
  204. 153Annual report Repealed
  205. 154Conflicts of interest Repealed
  206. 155Visiting committees for legalised police cells Repealed
  207. Part 18: SUPPLEMENTARY
  208. 156Directions
  209. 157Revocations
  210. 158Savings and transitional provisions
  211. Signature
  212. Schedule 1: BREACHES OF DISCIPLINE
  213. Paragraph
  214. 1Paragraph 1
  215. 2Paragraph 2
  216. 3Paragraph 3
  217. 4Paragraph 4
  218. 5Paragraph 5
  219. 6Paragraph 6
  220. 7Paragraph 7
  221. 8Paragraph 8
  222. 9Paragraph 9
  223. 10Paragraph 10
  224. 11Paragraph 11
  225. 12Paragraph 12
  226. 13Paragraph 13
  227. 14Paragraph 14
  228. 15Paragraph 15
  229. 16Paragraph 16
  230. 17Paragraph 17
  231. 18Paragraph 18
  232. 19Paragraph 19
  233. 20Paragraph 20
  234. 21Paragraph 21
  235. 22Paragraph 22
  236. 23Paragraph 23
  237. 24Paragraph 24
  238. 25Paragraph 25
  239. 26Paragraph 26
  240. 27Paragraph 27
  241. 27AParagraph 27A
  242. 27BParagraph 27B
  243. 27CParagraph 27C
  244. 27DParagraph 27D
  245. 27EParagraph 27E
  246. 28Paragraph 28
  247. 29Paragraph 29
  248. 30Paragraph 30
  249. 31Paragraph 31
  250. Schedule 2CONSTITUTION OF VISITING COMMITTEES Repealed
  251. Schedule 3CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS Repealed
  252. Schedule 4REVOCATIONS
  253. Schedule 5: SAVINGS AND TRANSITIONAL PROVISIONS
  254. 1Paragraph 1
  255. 2Paragraph 2
  256. 3Paragraph 3
  257. 4Paragraph 4
  258. 5Paragraph 5
  259. 6Paragraph 6
  260. 7Paragraph 7
  261. 8Paragraph 8
  262. 9Paragraph 9
  263. 10Paragraph 10
  264. 11Paragraph 11
  265. 12Paragraph 12
  266. 13Paragraph 13
  267. Explanatory note