The Prisons and Young Offenders Institutions (Scotland) Rules 2006
| Jurisdiction | Scotland |
| Citation | SSI 2006/94 |
| Year | 2006 |
2006 No. 94
PRISONS
YOUNG OFFENDERS INSTITUTIONS
The Prisons and Young Offenders Institutions (Scotland) Rules 2006
Made 2nd March 2006
Laid before the Scottish Parliament 3rd March 2006
Coming into force 26th March 2006
The Scottish Ministers, in exercise of the powers conferred on them by section 39 of the Prisons (Scotland) Act 19891and 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 Act2as they apply to prisoners who are serving sentences of imprisonment; and any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment shall respectively be construed as including a young offender, detention or a sentence of detention in a young offenders institution.
(4) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to–
(a)
(a) any person under 16 years of age who has been committed to a prison under section 51 of the 1995 Act3;
(b)
(b) a person sentenced under section 205 of the 1995 Act4to be detained without limit of time or for life and who is directed or sentenced to be detained in a prison or a young offenders institution; and
(c)
(c) a person sentenced to be detained under section 208 of the 1995 Act5and who is directed to be detained in a prison or a young offenders institution,
as they apply to prisoners who are serving sentences of imprisonment; and any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment shall respectively be construed as including any such person, detention or a sentence of detention under any of those provisions.
(5) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to any other person on whom imprisonment, or as the case may be detention in a young offenders institution, has been imposed or who is committed to prison, including persons who are imprisoned or detained–
(a)
(a) under section 219 of the 1995 Act (imprisonment for non payment of fine)6or, by virtue of that section, under section 207 of that Act (detention of young offenders)7;
(b)
(b) for examination or trial on any criminal charge;
(c)
(c) by virtue of remand in custody under the Extradition Act 20038;
(d)
(d) by virtue of detention under Schedule 2 or 3 to the Immigration Act 19719;
(e)
(e) by virtue of non compliance with an order under section 45 of the Court of Session Act 198810;
(f)
(f) under section 4 or 6 of the Civil Imprisonment (Scotland) Act 188211;
(g)
(g) by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 194012;
(h)
(h) for contempt of court or for non payment of a fine for contempt of court;
(i)
(i) for breach of interdict; and
(j)
(j) by virtue of, or by virtue of any rules or regulations made under, the Army Act 195513, the Air Force Act 195514, the Naval Discipline Act 195715or the Courts-Martial (Appeals) Act 196816,
as they apply to persons serving sentences of imprisonment; and any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment shall therefore respectively be construed as including any such person, any such imprisonment or detention or any such period of imprisonment or detention imposed on such a person.
(6) Any reference in paragraphs (1) to (5) to a person sentenced to imprisonment or other detention includes a person who is detained in a prison or young offenders institution and is–
(a)
(a) by virtue of section 26 of the Criminal Justice Act 196117, Schedule 1 to the Crime (Sentences) Act 199718or the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 199819, treated for any purpose as if his or her sentence had been an equivalent sentence passed by a court in Scotland; or
(b)
(b) serving a sentence of imprisonment or detention by virtue of a warrant authorising his or her detention which has been issued under the Repatriation of Prisoners Act 198420.
Application of Rules to contracted out prisons
3.—(1) Subject to paragraph (2), these Rules apply to a contracted out prison.
(2) Where the Scottish Ministers have entered into a contract for the running of a contracted out prison, these Rules shall have effect in relation to the prison, with the following modifications:–
(a)
(a) references to “an officer” in these Rules shall include references to a prisoner custody officer certified as such under section 114(1) of the 1994 Act21and performing custodial duties at that or any other prison;
(b)
(b) references to “an employee” in these Rules shall include references to an employee of the contractor or any sub contractor;
(c)
(c) subject to sub paragraphs (d) and (h), references to a “Governor” in these Rules shall include references to a director approved by the Scottish Ministers for the purpose of section 107(1)22of the 1994 Act except in rules 22(2), 37, 94, 97, 98, 99 and 131 and in any rule in Parts 11 and 15 where references to a “Governor” shall be construed as references to a controller appointed by the Scottish Ministers under section 107(1) of the 1994 Act;
(d)
(d) where a director exercises the powers set out in section 107(3)(c) of the 1994 Act (removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint in cases of urgency) the director shall notify the controller of the fact forthwith;
(e)
(e) “Governor-in-Charge” in these Rules means the director except where the function has been conferred on the controller in terms of sub paragraph (c) and in such cases references to the “Governor in Charge” shall be construed as references to the controller;
(f)
(f) rules 102(8), 130 and paragraphs (b) and (c) of rule 150 shall not apply;
(g)
(g) references to an officer in rule 114(2) shall be construed as references to the controller;
(h)
(h) in rule 127 where a prisoner desires to make a complaint concerning a matter referred to in rule 127(1) in relation to the controller, references to “the Governor” in paragraphs (2) to (4) shall be construed as references to “the Scottish Ministers”; and
(i)
(i) the reference to “the Governor” in paragraph (b) of rule 148 shall include reference to the director and the controller.
Suspension of certificate of a prisoner custody officer
4. The prescribed circumstances for the purposes of paragraph 3(2)(b) of Schedule 6 to the 1994 Act (suspension of certificate) are–
(a) where–
(i) an allegation has been made against a prisoner custody officer acting in pursuance of prisoner escort arrangements or performing custodial duties at a prison; or
(ii) the officer has been charged with a criminal offence or disciplinary action is being taken against him or her by the contractor; or
(iii) it appears to the prisoner escort monitor or, as the case may be, controller that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his or her duties; and
(b) where the prisoner escort monitor or, as the case may be, controller considers that the suspension of the certificate would be conducive to the maintenance of order or discipline in the prison or, as the case may be, the performance of the functions set out in section 102(2) of the 1994 Act (arrangements for the provision of prisoner escorts).
Interpretation
5.—(1) In these Rules, unless the context otherwise requires, the following expressions shall have the meanings ascribed to them:–
“the Act” means the Prisons (Scotland) Act 1989;
“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 199323;
“the 1994 Act” means the Criminal Justice and Public Order Act 199424;
“the 1994 Rules” means the Prisons and Young Offenders Institutions (Scotland) Rules 199425;
“the 1995 Act” means the Criminal Procedure (Scotland) Act 199526;
“appellant” means a prisoner–
(a) who appeals under section 106 or 175 of the Criminal Procedure (Scotland) Act 199527against his or her conviction or sentence, or against both conviction and sentence;
(b) whose case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission pursuant to section 194B(1) of the 1995 Act28;
(c) who appeals by way of bill of suspension against his or her conviction or sentence, or both conviction and sentence, in summary proceedings;
(d) who appeals under section 8 of the Courts-Martial (Appeals) Act 196829against his or her conviction or sentence, or both conviction and sentence, or who appeals under section 39(1)30of 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 1993 Act and who appeals under section 19 of that Act,
and, for the purposes of...
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