Article 46 Prisoners' personal property

Scotland

F1(1)

Subject to paragraph (1A), for the purposes of this rule and rules 47 to 50, a prisoner’s “personal property” comprises all items of property which—

(a)

belong to the prisoner and are brought to the prison by the prisoner;

(b)

are sent to the prisoner at the prison;

(c)

are brought to the prisoner at the prison by a visitor; or

(d)

are purchased by the prisoner within the prison.

(1A)

For the purposes of this rule and rules 47 to 50, “personal property” does not include—

(a)

unauthorised property;

(b)

prohibited articles; or

(c)

an authorised personal communication device.

(2)

The prisoner's personal property must be—

(a)

stored in the prisoner's cell or room in accordance with rule 47;

(b)

stored in the prison storage facilities in accordance with rule 48; or

(c)

disposed of by the Governor or the prisoner in accordance with rule 49.

(3)

An officer must make a written note in the prisoner's record of all of the prisoner's personal property other than—

(a)

property purchased by the prisoner within the prison;

(b)

letters or other written communications sent to the prisoner; and

(c)

any property which is perishable or edible.

(4)

Where a record is prepared in terms of paragraph (3), the prisoner concerned must—

(a)

be given the opportunity to check its accuracy; and

(b)

thereafter, be required to sign it.

Annotations

F1: Rule 46(1)(1A) substituted for rule 46(1) (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(4)