The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Publication Date:January 01, 2006
 
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2006No. 94

PRISONS

YOUNG OFFENDERS INSTITUTIONS

The Prisons and Young Offenders Institutions (Scotland) Rules 2006

2ndMarch2006

3rdMarch2006

26thMarch2006

ARRANGEMENT OF REGULATIONS

PART 1

GENERAL

1. Citation and commencement

2. Application of Rules

3. Application of Rules to contracted out prisons

4. Suspension of certificate of a prisoner custody officer

5. Interpretation

6. Elimination of discrimination

7. Availability of Rules and directions

PART 2

RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION

8. Production of warrant, order, direction or certificate

9. Procedure on reception of prisoners

10. Interview and medical examination of prisoners on reception

11. Information to be given to prisoners on reception

12. Registration and records of prisoners

13. Classification of prisoners

14. Allocation of prisoners

15. Separation of different categories of prisoners

PART 3

SUPERVISION LEVELS

16. Supervision levels

17. Assignment of supervision levels

18. Information regarding assignment of a supervision level

19. Right to make representations prior to certain reviews of supervision level

20. Imposition of special security measures

21. Reviews of imposition of special security measures

PART 4

PHYSICAL AND PERSONAL ENVIRONMENT

22. Accommodation of prisoners in cells and rooms

23. Standard of accommodation

24. Provision of bedding

25. Entitlement of an untried prisoner to wear his or her own clothing

26. Circumstances in which a prisoner other than an untried prisoner may wear his or her own clothing

27. Provision of clothing to prisoners

28. Changes of clothing

29. Prisoners' food

30. Personal hygiene

PART 5

HEALTH AND WELFARE

31. Smoking

32. Provision of medical and other services and facilities

33. General duty of medical officers to attend prisoners

34. Notification to a medical officer of prisoners requiring attention

35. Arrangements for care by other medical practitioners or other persons providing professional services or at outside facilities

36. Duty of medical officer to visit prisoners subject to cellular confinement

37. Duty of medical officer to notify certain matters

38. Notification of relatives and friends of prisoners suffering serious illness, etc

39. Transfer to hospital for treatment for mental disorder

40. Records of medical treatment

41. Prisoners' welfare

42. Visits to untried and civil prisoners by medical and dental practitioners

PART 6

RELIGION

43. Facilities for religious practice

44. Duties of members of the chaplaincy team

45. Visiting ministers

46. Religious services and visits

47. Religious books, items and practices

PART 7

PRIVILEGES AND PRISONERS' PROPERTY

48. Possession of tobacco by untried and civil prisoners

49. Privileges

50. Reception of personal property of prisoners

51. Storage or disposal of personal property of prisoners

52. Personal property of prisoners in rooms or cells

53. Prisoners' money

54. Supplies of books, newspapers, etc to prisoners

PART 8

COMMUNICATIONS

55. Current affairs

56. Prisoners' correspondence

57. Opening and reading of correspondence from and to courts

58. Opening and reading of correspondence from and to legal advisers

59. Opening and reading of other correspondence

60. Restrictions on prisoners' correspondence

61. Provision of writing materials and payment of postage

62. Communication by telephone

63. Visits by persons of a prisoner's choice

64. Visits to untried and civil prisoners by persons of a prisoner's choice

65. Entitlement to accumulated visits

66. Visits by legal advisers

67. Visits by procurators fiscal

68. Visits by police constables

69. Visits by representatives of diplomatic services and national or international authorities or organisations

70. Special visits to certain prisoners in connection with further proceedings

71. Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament

72. Visits by the Parliamentary Commissioner for Administration or Officers on the Commissioner's behalf

73. Visits by journalists, authors or media representatives

74. Visits by members of the Parole Board for Scotland

75. Visits by members or employees of the Scottish Criminal Cases Review Commission

76. Visits by persons in connection with disciplinary proceedings

77. Restrictions and conditions applicable to visits under Part 8

78. Closed visiting facilities

79. Arrangements for securing release of prisoners committed to prison in default of payments

PART 9

WORK, EDUCATION, EARNINGS AND RECREATION

80. Application of Part 9

81. Arrangements for work, education and counselling

82. Prisoners' work

83. Conditions of work or activities in lieu of work

84. Work opportunities

85. Work undertaken by untried and civil prisoners

86. Education

87. Counselling

88. Earnings

89. Exercise and time in the open air

90. Recreation

91. Prohibition on prisoners' carrying on any trade, profession or vocation from prison

PART 10

SECURITY AND CONTROL

92. Supervision of the prison and control of prisoners

93. Control of prisoners

94. Removal from association

95. Prohibited articles

96. Unauthorised property

97. Orders as to the use of restraints

98. Conditions of use of restraints

99. Temporary confinement in a special cell

100. Temporary confinement to cell

101. Admission of visitors

102. Searching of visitors

103. Removal of visitors

104. Searching of persons providing contracted out services

105. Viewing of prisons

106. Searching of prisoners

107. Compulsory testing for controlled drugs

108. Compulsory testing for alcoholic liquor

109. Searching of prisoners' property and cells

110. Custody outside prison

111. Special escorted leave

112. Escorted day absence

PART 11

DISCIPLINE

113. Conduct constituting a breach of discipline

114. Reports of breaches of discipline and removal from association

115. Disciplinary charges

116. Inquiry into disciplinary charges

117. Adjudication of charges

118. Breaches of discipline occurring before reception into prison

119. Governor's punishments

120. Suspended punishments

PART 12

REQUESTS AND COMPLAINTS

121. Requests to speak to an officer of the Scottish Ministers, a member of the visiting committee, a sheriff or a justice of the peace

122. Requests and complaints to the visiting committee

123. Complaints to the residential officer

124. Complaints to the residential unit manager

125. Referral of complaints to the internal complaints committee

126. Referral of complaints to the Governor

127. Complaints to the Governor in relation to confidential matters

128. Complaints concerning medical treatment

129. Requests, complaints and representations to the Scottish Ministers in relation to certain matters

130. Appeals in relation to disciplinary proceedings

131. Power of Scottish Ministers to quash findings of guilt and to remit or mitigate punishments

132. Direction with respect to complaints procedures

PART 13

FEMALE PRISONERS

133. Separation of male and female prisoners

134. Pregnancy and confinement

135. Accommodation of female prisoners' babies

PART 14

TRANSFER AND DISCHARGE OF PRISONERS

136. Pre-release preparation

137. Medical assessment prior to transfer or release

138. Provision of clothing and return of property on release of prisoner

139. Part payment of fines by fine defaulters

PART 15

TEMPORARY RELEASE

140. Short leave and winter and summer leave

141. Pre-release leave

142. Unescorted day release of prisoners assigned low supervision level

143. Unescorted day release of prisoners assigned low supervision level for compassionate reasons

144. Temporary release for work etc.

145. Unavailability of temporary release

146. Recall of prisoners granted temporary release

147. Direction with respect to temporary release

PART 16

OFFICERS AND EMPLOYEES

148. General duty of officers and employees

149. Transactions with prisoners or in connection with the prison

150. Fees and gratuities

151. Searches of officers and employees

152. Communications to the press etc.

153. Code of conduct

PART 17

VISITING COMMITTEES

154. Application of Part 17

155. Constitution of visiting committees

156. Minimum number of women members of visiting committees for young offenders institutions

157. Proceedings of visiting committees

158. General duties of visiting committees and members of committees

159. Investigation of complaints

160. Visits to prisons by members of visiting committees

161. Inspection of prison records

162. Annual report

163. Conflicts of interest

164. Visiting committees for legalised police cells

PART 18

SUPPLEMENTARY

165. Directions

166. Revocations

167. Savings and transitional provisions

SCHEDULE 1 -

BREACHES OF DISCIPLINE

SCHEDULE 2 -

CONSTITUTION OF VISITING COMMITTEES

SCHEDULE 3 -

CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

SCHEDULE 4 -

REVOCATIONS

SCHEDULE 5 -

SAVINGS AND TRANSITIONAL PROVISIONS

The Scottish Ministers, in exercise of the powers conferred on them by section 39 of the Prisons (Scotland) Act 1989 1 and of all other powers enabling them in that behalf, hereby make the following Rules:

PART 1

GENERAL

Citation and commencement

1.These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Rules 2006 and shall come into force on 26th March 2006.

Application of Rules

2.-

(1) Subject to paragraphs (2) to (5), these Rules apply to prisons and young offenders institutions and to any person who is required to be detained in any such prison or institution.

(2) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, any reference in these Rules to a prison shall be construed as including a young offenders institution.

(3) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to persons on whom detention in a young offenders institution has been imposed under section 207(2) of the 1995 Act 2 as they apply to prisoners who are serving...

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