Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998

Publication Date:January 01, 1998
 
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1998No. 1589 (S.82)

PRISONS

YOUNG OFFENDERS INSTITUTIONS, SCOTLAND

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998

30thJune1998

Laid before Parliament

10thJuly1998

31stJuly1998

The Secretary of State, in exercise of the powers conferred on him by section 39 of the Prisons (Scotland) Act 1989( a)and of all other powers enabling him in that behalf, hereby makes the following Rules:

Citation, commencement and interpretation

1. - (1) These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998.

(2) These Rules shall come into force on 31st July 1998.

(3) In these Rules, a reference to "the principal Rules" is a reference to the Prisons and Young Offenders Institutions (Scotland) Rules 1994( b).

Amendment of rule 2 of the principal rules

2. - (1) Rule 2 of the principal Rules (application to young offenders institutions and young offenders) is amended in accordance with paragraph (2) of this rule.

(2) In paragraph (2), for the words "the exceptions and modifications set out in Schedule 1" there are substituted the words "any exception or modification specified in any provision of these Rules".

Amendment of rule 3 of the principal Rules

3. - (1) Rule 3 of the principal Rules (interpretation) is amended in accordance with the following paragraphs of this rule.

(a) 1989 c.45; section 39 was amended by the Prisoners and Criminal proceedings (Scotland) Act 1993 (c.9) ("the 1993 Act") sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7 and by the Criminal Justice and Public Order Act 1994 (c.33) ("the 1994 Act"), sections 116(4) and 130(4); section 39 is to be read with sections 3A(5), (6) and (7) (which was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48) ("the 1997 Act")), section 43(2)), 8(1) and (2), 11(1), 12 (as amended by the 1993 Act, Schedule 5, paragraph 6(2)), 14(1) (as amended by the 1993 Act, Schedule 5 paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any "existing prisoner" within the meaning specified in paragraph 1 of Schedule 6), 33A (which was inserted by the 1994 Act, section 116(3)), 41(2B) (which was inserted by the 1994 Act, section 153(3)) 41B(1) (which was inserted by the 1994 Act, section 151(2)) and 41C(1) (which was inserted by the 1997 Act, section 42) of the 1989 Act; section 39 was extended by the Courts-Martial (Appeals) Act 1968 (c.20), section 52 (as amended by the 1989 Act, Schedule 2, paragraph 10).

(b) S.I. 1994/1931, amended by S.I. 1996/32 and 1997/2007.

(2) In paragraph (1), for the definition of "appellant", there is substituted the following definition:-

""appellant" means a prisoner-

(a) who appeals under section 106 or 175 of the Criminal Procedure (Scotland) Act 1995( a) against his conviction and sentence, or against his sentence only;(b) whose case has been referred to the High Court of Justiciary by the Secretary of State pursuant to section 263(1) of the Criminal Procedure (Scotland) Act 1975( b) or section 124(3) of the said Act of 1995;(c) who appeals by way of bill of suspension against his conviction or sentence, or both conviction and sentence, in summary proceedings;(d) who appeals under section 8 of the Courts-Martial (Appeals) Act 1968( c) against his conviction or sentence, or both conviction or sentence, or who appeals under section 39(1) of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or(e) who is returned to prison under section 18(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and who appeals under section 19 of that Act,

and, for the purposes of this definition, a prisoner shall be deemed to be an appellant from the time-

(i) in the case of an appeal as mentioned in sub-paragraph (a) above in solemn proceedings, he lodges an intimation of intention to appeal in terms of section 109(1) of the said Act of 1995 or, in the case of an appeal against sentence only, a note of appeal in terms of section 110(1) of that Act;(ii) in the case of an appeal as mentioned in sub-paragraph (a) above in summary proceedings, he lodges an application for a stated case under section 176(1) of the said Act of 1995 or, in the case of an appeal against sentence only, a note of appeal under section 186(1) of that Act;(iii) in the case of a reference as referred to in sub-paragraph (b) above, the Secretary of State refers the case to the High Court of Justiciary;(iv) in the case of an appeal as referred to in sub-paragraph (c) above, he lodges the bill of suspension;(v) in the case of an appeal as referred to in sub-paragraph (d) above, he presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968( d); or(vi) in the case of an appeal as referred to in sub-paragraph (e) above, he lodges a note of appeal,

until the appeal, or, as the case may be, the reference is finally disposed of or abandoned in its entirety;".

(3) In paragraph (1), in the definition of "Governor"-

(a) for paragraph (a) of that definition, there is substituted the following paragraph:-"(a) in this rule, rules 68(4), 78, 88A and 88B and in any rule in Part 11 (other than rule 103), the Governor-in-Charge;"; and(b) in paragraph (b) of that definition, for the words "rule 88A" there are substituted the words "rules 88A and 88B".

(4) In paragraph (1), after the definition of "long-term prisoner" there is inserted the following definition:-

""media representative" means a photographer, cameraman or a researcher or producer for or of any television, radio or other programme intended for broadcast or transmission by any form of electronic medium;".

(a) 1995 c.46.

(b) 1975 c.21.

(c) 1968 c.20; section 8 was amended by the Armed Forces Act 1971 (c.33), section 73(2) and Schedule 2, paragraph 1(2), by the Armed Forces Act 1976 (c.52), section 22(5) and Schedule 9, paragraph 16 and by the Armed Forces Act 1991 (c.62), Schedule 3.

(d) 1968 c.20; section 8(2) was amended by the Armed Forces Act 1971 (c.33), Schedule 2, paragraph 1(2).

(5) In paragraph (1), for the definition of "medical officer", there is substituted the following definition:-

""medical officer" means a registered medical practitioner who is-

(a) appointed as a medical officer by virtue of an appointment made under section 3(1) of the Act prior to its amendment by section 43(1) of the Crime and Punishment (Scotland) Act 1997( a);(b) appointed to be a medical officer for the prison under section 3A(2)(a) of the Act; or(c) providing, or supervising the provision of, appropriate medical services within the meaning of section 3A(3) of the Act, in accordance with an arrangement made under section 3A(2)(b) of the Act,

and, except where the context otherwise requires, any reference to a medical officer includes such an officer who is for the time being liable to be required to attend at the prison;".

(6) In paragraph (1), in the definition of "security category" for the words "category assigned in accordance with rule 12" there are substituted the words-

"security category which may be assigned in accordance with Part 2A of these Rules".

Amendment of rule 8 of the principal Rules

4. For paragraph (2) of rule 8 of the principal Rules (interview and medical examination of prisoners on reception) there is substituted the following paragraph:-

"(2) Every prisoner shall be examined by a medical officer, or such other person as such an officer may instruct-

(a) in the case of his reception on his removal from court or any other place, other than on a transfer from any prison, remand centre or young offenders institution, within 24 hours of that reception; or(b) in the case of his reception on his transfer from any other prison, remand centre or young offenders institution-(i) where some cause for concern is apparent to an officer on his reception, as soon as reasonably practicable and no later than 24 hours after reception; or(ii) in any other case, within 72 hours of that reception.".

Amendment of rule 10 of the principal Rules

5. - (1) Rule 10 of the principal Rules (registration and records of prisoners) is amended in accordance with paragraph (2) of this rule.

(2) After paragraph (6) there is inserted the following paragraph:-

"(6A) Where fingerprints are taken in accordance with paragraph (4) or (5), an officer shall require the prisoner to sign a fingerprint form relating to his prints at that time.".

Omission of rule 12 of the principal Rules

6. Rule 12 of the principal Rules (security categories of prisoners) is omitted.

Insertion of new Part 2A of the principal Rules

7. After rule 14 of the principal Rules (separation of different categories of prisoners), there is inserted the following Part:-

(a) 1997 c.48.

"PART 2A

SECURITY CATEGORIES

Security categories

14A. The security categories which may be assigned to prisoners in accordance with this Part of these Rules are specified in column 1 of the Table set out below and the criteria which determine the application of each category are set out opposite that category in column 2 of the Table:-

Column 1

Column 2

Security Category

Criteria

A

A prisoner who would place national security at risk or be highly dangerous to the public or to prison staff and their families or to the police in the event of an escape and who must be kept in conditions of maximum security

B

A prisoner who is considered likely to be a danger to the public and who must be kept in secure conditions to prevent his escape

C

A prisoner who is considered unlikely to be a danger to the public and who can be given the oppor tunity to serve his sentence with the minimum of restrictions

Limited Category D

A life prisoner who may participate in activities approved by the Secretary of State for the purposes of testing his suitability to be assigned security category D

D

A prisoner...

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