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Article 62 Communication by communal telephone or in-cell telephoneF1

(1)

The entitlement of a prisoner to use a communal telephone or an in-cell telephone under this rule is subject to—

(a)

the provisions of rule 60 and this rule; and

(b)

the provisions of any direction made under paragraph (10).

(2)

A prisoner is entitled to use a communal telephone.

(3)

A prisoner is entitled to use an in-cell telephone where—

(a)

the Scottish Minsters have authorised the use of in-cell telephones in the prison in a direction made under paragraph (10); and

(b)

an in-cell telephone has been installed in the prisoner’s cell or room.

(4)

The Governor may impose restrictions as to the times of day during which a prisoner may use a communal telephone or an in-cell telephone.

(5)

The Governor may impose different restrictions under paragraph (4) for different purposes including different restrictions for—

(a)

different classes of prisoners;

(b)

different parts of the prison; and

(c)

different types of telephone.

(6)

The Governor may restrict or remove a prisoner’s entitlement to use a communal telephone or an in-cell telephone—

(a)

in accordance with rule 60; or

(b)

in accordance with any direction made under paragraph (10).

(7)

The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (4).

(8)

The Governor must inform a prisoner in writing of any decision under paragraph (6) to restrict or remove the prisoner’s entitlement to use a communal telephone or an in-cell telephone.

(9)

A prisoner must not—

(a)

tamper with a communal telephone or an in-cell telephone or cause someone else to tamper with the telephone; or

(b)

intentionally damage or destroy a communal telephone or an in-cell telephone or cause someone else so to damage or destroy the telephone.

(10)

The Scottish Ministers may specify in a direction—

(a)

the prisons in which a prisoner may use an in-cell telephone;

(b)

the conditions applicable to the use of a communal telephone or an in-cell telephone by a prisoner;

(c)

the circumstances in which, and the grounds on which, a prisoner’s entitlement to use a communal telephone or an in-cell telephone can be restricted or removed by the Governor;

(d)

the numbers which a prisoner may, or may not, call on a communal telephone or an in-cell telephone;

(e)

the circumstances in which, and the means by which, calls made by a prisoner from a communal telephone or an in-cell telephone are to be logged, monitored and recorded.

(11)

The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from a communal telephone or in-cell telephone.

Annotations

Textual amendments

F1

Rules 62, 62A substituted for rule 62 (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(6)