The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020

Publication Date:January 01, 2020
 
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2020No. 122

PRISONS

The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020

Made at 2.15 p.m. on7thApril2020

Laid before the Scottish Parliamentat 4.00 p.m. on7thApril2020

Coming into force in accordance with rule 1

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 39 of the Prisons (Scotland) Act 1989( 1) and all other powers enabling them to do so.

Citation and commencement

1. These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 and come into force as soon as they are made.

Amendment of the Prisons and Young Offenders Institutions (Scotland) Rules 2011

2.—(1) The Prisons and Young Offenders Institutions (Scotland) Rules 2011( 2) are amended as follows.

(2) In rule 2(1) (interpretation)—

(a) after the definition of “controlled drugs” insert—

““coronavirus” has the same meaning as in section 1 of the Coronavirus (Scotland) Act 2020( 3),”,

(b) after the definition of “film” insert—

““for the duration of a coronavirus outbreak” means the time period beginning from the commencement of the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 and lasting until 30 September 2020.”.

(3) After rule 19 (Assignment of supervision levels on review) insert—

Assignment of supervision levels on review – coronavirus

19A.—(1) For the duration of a coronavirus outbreak, rule 19 has effect subject to the following modifications.

(2) In paragraph (1) for “the supervision level” substitute, “Subject to paragraph (1A), the supervision level”.

(3) In sub-paragraph 1(a) for “72 hours” substitute “7 days”.

(4) In sub-paragraph (1)(d), after “necessary” insert “, and reasonably practicable,”.

(5) After paragraph (1), insert—

“(1A) Where, as a result of the effects coronavirus is having, or is likely to have on the prison, it is not possible to comply with sub-paragraphs (a) to (c) of paragraph (1) within the time periods specified, those sub-paragraphs must be complied with as soon as is reasonably practicable.””.

(4) After rule 20 (Maintaining or lowering a supervision level on review) insert—

Maintaining or lowering a supervision level on review – coronavirus

20A.—(1) For the duration of a coronavirus outbreak, rule 20 has effect subject to the following modifications.

(2) In paragraph (2)—

(a) after “must” insert “, but only within such time as is reasonably practicable,”;

(b) the words “in writing” are revoked.

(3) In paragraph (3) after “rule 27,” insert “and only as far as is reasonably practicable,”.”.

(5) After rule 21 (Assigning certain supervision levels on review) insert—

Assigning certain supervision levels on review – coronavirus

21A.—(1) For the duration of a coronavirus outbreak, rule 21 has effect subject to the following modification.

(2) In paragraph (2) for the words “provide the prisoner with a written notice informing” substitute “inform”.

(3) In paragraph (3) after “rule 27,” insert “and only as far as is reasonably practicable,”.”.

(6) After rule 33 (Provision of clothing to prisoners) insert—

Provision of clothing to prisoners – coronavirus

33A.—(1) During a coronavirus outbreak, rule 33 has effect subject to the following modification.

(2) After paragraph (5), insert—

“(6) The Scottish Ministers may—

(a) on the application of the Governor made prior to the expiry of any direction made under sub-paragraph (5)(b); and

(b) where they are satisfied that it is necessary to do so due to the effects coronavirus is having, or is likely to have, on the prison,

make any number of further directions continuing the effect of a direction made under paragraph (5)(b) for successive periods of no more than one month.

(7) A direction made by the Scottish Ministers under paragraph (5)(b) or (6) may be revoked at any time, following a request by the Governor, by a further direction made by the Scottish Ministers.

(8) After the Scottish Ministers have made any direction under paragraph (5)(b),

(6) or (7), the Governor must take such steps as are practicable to notify prisoners who may be affected by the direction.

(9) Any direction made by the Scottish Ministers under paragraph (5)(b), (6) or (7) must specify—

(a) the date and time when the direction is made; and

(b) (except in the case of a direction made under paragraph (7)), the date and time when the direction expires.”.”.

(7) After rule 34 (Personal hygiene) insert—

Personal hygiene - coronavirus

34A.—(1) For the duration of a coronavirus outbreak, rule 34 has effect subject to the following modification.

(2) For sub-paragraph (1)(b), substitute—

“(b) where adequate arrangements cannot be made under sub-paragraph (a), at least twice per week.”.”.

(8) After rule 35 (Prisoners' food and drink) insert—

Prisoners' food and drink – coronavirus

35A.—(1) For the duration of a coronavirus outbreak, rule 35 has effect subject to the following modification.

(2) After paragraph (5), insert—

“(6) The Scottish Ministers may—

(a) on the application of the Governor made prior to the expiry of any direction made under sub-paragraph (5)(b); and

(b) where they are satisfied that it is necessary to do so due to the effects coronavirus is having, or is likely to have, on the prison,

make any number of further directions continuing the effect of a direction made under paragraph (5)(b) for successive periods of no more than one month.

(7) A direction made by the Scottish Ministers under paragraph (5)(b) or (6) may be revoked at any time, following a request by the Governor, by a further direction made by the Scottish Ministers.

(8) After the Scottish Ministers have made any direction under paragraph (5)(b),

(6) or (7), the Governor must take such steps as are practicable to notify prisoners who are subject to the order of the effect of the direction.

(9) Any direction made by the Scottish Ministers under paragraph (5)(b), (6) or (7) must specify—

(a) the date and time when the direction is made;

(b) (except in the case of a direction made under paragraph (7)), the date and time when the direction expires.”.”.

(9) After rule 40 insert—

Recommendations by healthcare professionals – coronavirus

40A.—(1) For the duration of a coronavirus outbreak, paragraph (2) applies where the Governor receives, a recommendation from a healthcare professional that, in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, all prisoners in the prison, prisoners in a specified part of the prison or specified prisoners—

(a) should be confined to their cell until further notice, or for specified periods until further notice; or

(b) should not participate in specified activities until further notice, or for specified periods until further notice.

(2) Where this paragraph applies, the Governor must—

(a) give effect to the recommendation from the healthcare professional without delay; and

(b) notify the Scottish Ministers of the recommendation and the action being taken under sub-paragraph (a).

(3) Subject to paragraphs (5), (6), and (7) a recommendation made under paragraph (1) ceases to apply on the earlier of—

(a) the expiry of the period of 14 days after the recommendation was received by the Governor, or

(a) that date that the recommendation is withdrawn by the healthcare professional.

(4) On the expiry or withdrawal of a recommendation under paragraph (1), the Governor must cease the action taken under paragraph (2)(a) without delay.

(5) Prior to the expiry of a recommendation made under paragraph (1), the Governor may, on the advice of the healthcare professional that it is necessary in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, make an application to the Scottish Minsters to extend the period specified in paragraph (3)(a) for a further period of no more than 14 days.

(6) The Scottish Minsters may, following receipt of an application made under paragraph (5), where they are satisfied that it is necessary in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, extend the period specified in paragraph (3)(a) for a period of no more than 14 days.

(7) Where the period specified in sub-paragraph (3)(a) has been extended by the Scottish Ministers under paragraph (6), the period of extension is to be taken as the period specified under paragraph (3) and may be further extended by the Scottish Ministers for periods of no more than 14 days at a time on receipt of a further application by the Governor under paragraph (5).”

(10) After rule 41 (Accommodation in specified conditions) insert—

Accommodation in specified conditions – coronavirus

41A.—(1) For the duration of a coronavirus outbreak, rule 41 has effect subject to the following modifications.

(2) In sub-paragraph (3)(c), for “72 hours” substitute “14 days”.

(3) In sub-paragraph (12)(a), for “72 hours” substitute “14 days”.”.

(11) After rule 43 (Prisoners' welfare) insert—

Prisoners' welfare - coronavirus

43A.—(1) For the duration of a coronavirus outbreak, rule 43 has effect subject to the following modification.

(2) For “ensure” insert “, so far as it is reasonably practicable to do so, provide”.”.

(12) After rule 52 (Supplies of books, newspapers, etc to prisoners) insert—

Supplies of books, newspapers, etc to prisoners – coronavirus

52A.—(1) For the duration of a coronavirus outbreak, rule 52 has effect subject to the following modification.

(2) After “Subject to rules 46 to 50,” insert, “and to such arrangements as the Governor considers safe and reasonably practicable”.”.

(13) After rule 63 insert—

Visits to prisoners – coronavirus

63A.—(1) For the duration of a coronavirus outbreak rules 63 to 76 are subject to this rule.

(2) Where the Governor considers it necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, the Governor may suspend visits.

(3) In...

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