Explanatory note

These Rules make various amendments to the Young Offenders (Scotland) Rules 1965.

Provision is made for awards of additional days which replaces forfeiture of remission as a punishment available to the Governor of a young offenders' institution in respect of a short-term or long-term inmate, who is guilty of an offence against discipline. The expressions “short-term inmate” and “long-term inmate” are construed in accordance with Part I of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (see sections 6 and 27).

The existing Rule 35 relating to remission is saved for existing inmates, that is, inmates who are already serving a sentence of detention on 1st October 1993, because Part I of the 1993 Act does not apply to them.

The disciplinary offences in Rule 41 are amended to delete the offence of mutiny or incitement of other inmates to mutiny.

The Rules are also amended to include new provisions relating to correspondence between an inmate and his legal adviser or any court. “Court” is deemed to include the European Court of Justice, the European Court of Human Rights and the European Commission of Human Rights. All such correspondence may only be opened where there is cause to believe that it contains a prohibited article. Correspondence with a legal adviser may only be read in exceptional circumstances. Correspondence between an inmate and a court may not be read even if it has been opened because there is cause to believe it may contain a prohibited article.

The Rules also revoke certain provisions in consequence of the main amendments. The provisions relating to disciplinary functions of visiting committees are also revoked.