The Prisons and Young Offenders Institutions (Scotland) Rules 2011
S.S.I. 2011/331 · Made 12 September 2011 · Extends to Scotland
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
Contents
- Part 1: GENERAL
- 1Citation and commencement
- 2Interpretation
- 3Application of Rules
- 4Application of Rules to contracted out prisons
- 5Suspension of certificate of a prisoner custody officer
- 5ADelegation of Governor functions
- 6Elimination of discrimination, harassment and victimisation
- 7Availability of Rules, directions etc.
- Part 2: RECEPTION, RECORDS, CATEGORISATION AND ALLOCATION
- 8Production of warrant, order, direction or certificate
- 9Procedure on reception of prisoners
- 10Interview of prisoners on reception
- 11Information to be given to prisoners on reception
- 12Registration and records of prisoners
- 13Recording data about a prisoner’s religion, belief or non-belief
- 14Categorisation of prisoners
- 15Allocation of prisoners
- 16Separation of different categories of prisoners
- Part 3: SUPERVISION LEVELS
- 17Supervision levels
- 18Assignment of supervision levels on reception
- 19Assignment of supervision levels on review
- 19AAssignment of supervision levels on review – coronavirus Repealed
- 20Maintaining or lowering a supervision level on review
- 20AMaintaining or lowering a supervision level on review – coronavirus Repealed
- 21Assigning certain supervision levels on review
- 21AAssigning certain supervision levels on review – coronavirus Repealed
- 22Direction with respect to supervision levels
- 23Imposition of special security measures
- 24Provisional imposition of special security measures
- 25Reviews of imposition of special security measures
- 26Direction with respect to special security measures
- 27Disclosure of information considered by the Governor under this Part
- Part 4: ACCOMMODATION, CLOTHING, HYGIENE AND FOOD
- 28Accommodation of prisoners
- 29Standard of accommodation
- 30Provision of bedding
- 31Convicted prisoners wearing their own clothing
- 32Untried and civil prisoners wearing their own clothing
- 33Provision of clothing to prisoners
- 33AProvision of clothing to prisoners – coronavirus Repealed
- 34Personal hygiene
- 34APersonal hygiene - coronavirus Repealed
- 35Prisoners' food and drink
- 35BPrisoners’ food and drink: preparation of meals by prisoner for own consumption
- 35APrisoners’ food and drink – coronavirus Repealed
- Part 5: HEALTH AND WELFARE
- 36Use of nicotine vapour products
- 37Provision of accommodation for healthcare services
- 38Notification to a healthcare professional of prisoners requiring attention
- 39Arrangements for care outwith prison
- 40Recommendations by healthcare professionals
- 40ARecommendations by healthcare professionals – coronavirus
- 41Accommodation in specified conditions
- 41AAccommodation in specified conditions – coronavirus
- 42Notification of relatives and friends of prisoners suffering serious illness, etc
- 43Prisoners' welfare
- 43APrisoners’ welfare - coronavirus Repealed
- Part 6: RELIGION
- 44Practising religion or belief within prison
- 44ADeclaration of religion, belief or non-belief
- Part 7: PRIVILEGES AND PRISONERS' PERSONAL PROPERTY
- 45Privileges
- 46Prisoners' personal property
- 47Storage of prisoners' personal property in cells or rooms
- 48Storage of prisoners' personal property in prison storage facilities
- 49Disposal of prisoner's personal property
- 50Unclaimed property
- 51Prisoners' money
- 52Supplies of books, newspapers, etc to prisoners
- 52ASupplies of books, newspapers, etc to prisoners – coronavirus Repealed
- Part 8: COMMUNICATIONS
- Chapter: PRISONERS' CORRESPONDENCE AND OTHER COMMUNICATIONS
- 53Current affairs
- 54Prisoners' correspondence
- 55Restrictions on general correspondence to and from the prisoner
- 56Opening and reading of confidential correspondence
- 57Confidential correspondence which cannot be clearly identified
- 58Opening and reading of correspondence from and to medical practitioners Repealed
- 59Privileged correspondence Repealed
- 60Restriction on communications
- 61Provision of writing materials and payment of postage
- 62Communication by communal telephone or in-cell telephone
- 62ACommunication by authorised personal communication device
- Chapter: PRISON VISITS
- 63Visits by persons of a prisoner's choice
- 63AVisits to prisoners – coronavirus
- 64Visits to untried and civil prisoners by persons of a prisoner's choice
- 65Accumulated visits
- 66Visits by legal advisers
- 67Visits by procurators fiscal
- 68Visits by ... constables
- 69Visits by representatives of diplomatic services and national or international authorities or organisations
- 70Special visits to certain prisoners in connection with further proceedings
- 71Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament
- 72Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf
- 73Visits by media representatives
- 74Visits by members of the Parole Board for Scotland
- 75Visits by members or employees of the Scottish Criminal Cases Review Commission
- 76Visits by persons in connection with disciplinary proceedings
- 77Restrictions and conditions applicable to visits under Part 8
- 78Closed visiting facilities
- 78AVirtual visits
- 79Arrangements for securing release of prisoners committed to prison in default of payments
- Part 9: WORK, EDUCATION, EARNINGS AND RECREATION
- 80Application of Part 9
- 81Arrangements for work, education and counselling
- 81AArrangements for work, education and counselling – coronavirus Repealed
- 82Prisoners' work
- 83Conditions of work
- 84Purposeful activities
- 84APurposeful activities – coronavirus
- 85Work undertaken by untried and civil prisoners
- 86Earnings
- 87Exercise and time in the open air
- 88Recreation
- 88ARecreation – coronavirus
- 89Prohibition on prisoners carrying on any trade, profession or vocation from prison
- Part 10: SECURITY
- Chapter: SUPERVISION AND CONTROL OF PRISONERS
- 90Supervision of the prison and control of prisoners
- 91Control of prisoners
- 92Searching of prisoners
- 93Compulsory testing for controlled drugs
- 94Compulsory testing for alcohol
- Chapter: CONFINEMENT AND CUSTODY OF PRISONERS
- 95Removal from association
- 96The use of restraints
- 97Temporary confinement in a special cell
- 98Temporary confinement in a cell or room
- 99Custody outside prison
- 100Special escorted leave
- 101Escorted day absence
- Chapter: SEIZURE AND CONTROL OF PROPERTY
- 102Prohibited articles
- 103Unauthorised property
- 104Seizure and treatment of prohibited articles and unauthorised property
- Chapter: SUPERVISION AND CONTROL OF VISITORS
- 105Admission of visitors
- 106Searching of visitors
- 107Removal of visitors
- 108Searching of specified persons
- 109Viewing of prisons
- Part 11: DISCIPLINE
- 110Breach of discipline
- 111Reporting breaches of discipline
- 111AReporting breaches of discipline – coronavirus Repealed
- 112Charging breaches of discipline
- 113Disciplinary hearings
- 114Punishment
- 115Suspended punishments
- 116Breaches of discipline committed in another prison or during transfer
- 116ABreaches of discipline committed in another prison or during transfer – coronavirus Repealed
- 117Breaches of discipline involving the use of controlled drugs
- 118Disciplinary appeals
- 118ADisciplinary appeals – coronavirus Repealed
- 119Direction with respect to the disciplinary appeals procedure
- Part 12: REQUESTS AND COMPLAINTS
- 120Requests to speak to certain persons
- 120ARequests to speak to certain persons – coronavirus Repealed
- 121Representations and complaints to the Scottish Ministers in relation to certain matters
- 122Complaints to the residential first line manager
- 122AComplaints to the residential first line manager - coronavirus Repealed
- 123Referral of complaints to the Internal Complaints Committee
- 123AReferral of complaints to the Internal Complaints Committee – coronavirus Repealed
- 124Complaints to the Governor in relation to confidential matters
- 125Direction with respect to complaints procedures
- Part 13: FEMALE PRISONERS
- 126Separation of male and female prisoners
- 127Pregnancy and confinement
- 128Accommodation of female prisoners' babies
- Part 14: TRANSFER AND RELEASE OF PRISONERS
- 129Interpretation of Part 14
- 130Pre-release preparation
- 131Healthcare assessment prior to transfer
- 131AHealthcare assessment prior to transfer – coronavirus Repealed
- 132Provision of clothing and return of property
- 133Release of fine defaulters after payment
- Part 15: TEMPORARY RELEASE
- 134Eligibility of prisoners for temporary release
- 135Applications for, and grant of, temporary release
- 136Forms of temporary release
- 136AExtension of certain periods of temporary release
- 136BExtension of certain periods of temporary release – coronavirus
- 137Recall of prisoners granted temporary release
- 138Direction with respect to temporary release
- Part 16: OFFICERS AND EMPLOYEES
- 139General duty of officers and employees
- 140Transactions with prisoners or in connection with the prison
- 141Fees and gratuities
- 142Searching of officers and employees
- 143Communications with the media etc.
- 144Code of conduct
- Part 17: VISITING COMMITTEES Repealed
- 145Application of Part 17 Repealed
- 146Constitution of visiting committees for prisons Repealed
- 147Constitution of visiting committees for young offenders institutions Repealed
- 148Proceedings of visiting committees Repealed
- 149General duties of visiting committees and members of committees Repealed
- 150Investigation of complaints Repealed
- 151Visits to prisons by members of visiting committees Repealed
- 152Inspection of prison records Repealed
- 153Annual report Repealed
- 154Conflicts of interest Repealed
- 155Visiting committees for legalised police cells Repealed
- Part 18: SUPPLEMENTARY
- 156Directions
- 157Revocations
- 158Savings and transitional provisions
- Signature
- Schedule 1: BREACHES OF DISCIPLINE
- Paragraph
- 1Paragraph 1
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- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 27BParagraph 27B
- 27CParagraph 27C
- 27DParagraph 27D
- 27EParagraph 27E
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Schedule 2CONSTITUTION OF VISITING COMMITTEES Repealed
- Schedule 3CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS Repealed
- Schedule 4REVOCATIONS
- Schedule 5: SAVINGS AND TRANSITIONAL PROVISIONS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
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- 13Paragraph 13
- Explanatory note