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Article 68 Visits by ... constablesF1

Scotland

(1)

Subject to paragraph (2), a ... constable F2... may visit or see a prisoner for one or more of the following purposes—

(a)

to interview the prisoner, provided the prisoner is willing to be interviewed;

(b)

to identify the prisoner;

(c)

to charge the prisoner with an offence.

F3(2)

A ... constable may only visit or see a prisoner under paragraph (1) on production of the written authority of a procurator fiscal or F4a chief inspector of the Police Service of Scotland.

(3)

A visit to a prisoner in terms of paragraph (1)(a) may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a)

within the sight of an officer; and

(b)

outwith the hearing of an officer unless the prisoner or the visitor requests otherwise.

Annotations

Textual amendments

F1

Word in rule 68(1)(2) and cross-heading omitted (24.3.2016) by virtue of The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(11)(a)

F2

Words in rule 68(1) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 39(a)

F3

Rule 68(2) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 39(b)

F4

Words in rule 68(2) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(11)(b)