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Article 45 Privileges

Scotland

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

(1)

The Governor must establish, a system of privileges for the prisoners detained in the prison.

(2)

The system of privileges may contain different provision for—

(a)

different categories of prisoners; and

(b)

prisoners detained in specific parts of the prison.

(3)

A system of privileges established under paragraph (1) may include provision in relation to—

(a)

the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner's cell or room;

(b)

the arrangements whereby a prisoner may purchase items within, or outwith, the prison;

(c)

the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88;

(d)

the arrangements whereby a prisoner may have F1a nicotine vapour product in his or her possession;

(e)

the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and

(f)

any other matter as may be specified in a direction made by the Scottish Ministers under this rule.

(4)

A system of privileges established under paragraph (1) cannot—

(a)

prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules,

(b)

provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or

(c)

provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b).

(5)

The Governor must ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to—

(a)

the application to the prisoner of the system of privileges established under this rule; and

(b)

the circumstances in which privileges may be withdrawn.

(6)

The Governor must give reasons to a prisoner where the Governor takes a decision to—

(a)

withdraw any privilege enjoyed by the prisoner; or

(b)

refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner.

Annotations

Textual amendments

F1

Words in rule 45(3)(d) substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(4)