The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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1. Introductory Text

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   PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Application of Rules

   4. 4. Application of Rules to contracted out prisons

   5. 5. Suspension of certificate of a prisoner custody officer

   6. 6. Elimination of discrimination, harassment and victimisation

   7. 7. Availability of Rules, directions etc.

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   PART 2 RECEPTION, RECORDS, CATEGORISATION AND ALLOCATION

   1. 8. Production of warrant, order, direction or certificate

   2. 9. Procedure on reception of prisoners

   3. 10. Interview of prisoners on reception

   4. 11. Information to be given to prisoners on reception

   5. 12. Registration and records of prisoners

   6. 13. Recording data about a prisoner’s religion, belief or non-belief

   7. 14. Categorisation of prisoners

   8. 15. Allocation of prisoners

   9. 16. Separation of different categories of prisoners

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   PART 3 SUPERVISION LEVELS

   1. 17. Supervision levels

   2. 18. Assignment of supervision levels on reception

   3. 19. Assignment of supervision levels on review

   4. 19A. Assignment of supervision levels on review – coronavirus

   5. 20. Maintaining or lowering a supervision level on review

   6. 20A. Maintaining or lowering a supervision level on review – coronavirus

   7. 21. Assigning certain supervision levels on review

   8. 21A. Assigning certain supervision levels on review – coronavirus

   9. 22. Direction with respect to supervision levels

   10. 23. Imposition of special security measures

   11. 24. Provisional imposition of special security measures

   12. 25. Reviews of imposition of special security measures

   13. 26. Direction with respect to special security measures

   14. 27. Disclosure of information considered by the Governor under this Part

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   PART 4 ACCOMMODATION, CLOTHING, HYGIENE AND FOOD

   1. 28. Accommodation of prisoners

   2. 29. Standard of accommodation

   3. 30. Provision of bedding

   4. 31. Convicted prisoners wearing their own clothing

   5. 32. Untried and civil prisoners wearing their own clothing

   6. 33. Provision of clothing to prisoners

   7. 33A. Provision of clothing to prisoners – coronavirus

   8. 34. Personal hygiene

   9. 34A. Personal hygiene - coronavirus

   10. 35. Prisoners' food and drink

   11. 35B. Prisoners’ food and drink: preparation of meals by prisoner for own consumption

   12. 35A. Prisoners’ food and drink – coronavirus

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   PART 5 HEALTH AND WELFARE

   1. 36. Use of nicotine vapour products

   2. 37. Provision of accommodation for healthcare services

   3. 38. Notification to a healthcare professional of prisoners requiring attention

   4. 39. Arrangements for care outwith prison

   5. 40. Recommendations by healthcare professionals

   6. 40A. Recommendations by healthcare professionals – coronavirus

   7. 41. Accommodation in specified conditions

   8. 41A. Accommodation in specified conditions – coronavirus

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

   10. 43. Prisoners' welfare

   11. 43A. Prisoners’ welfare - coronavirus

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   PART 6 RELIGION

   1. 44. Practising religion or belief within prison

   2. 44A. Declaration of religion, belief or non-belief

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   PART 7 PRIVILEGES AND PRISONERS' PERSONAL PROPERTY

   1. 45. Privileges

   2. 46. Prisoners' personal property

   3. 47. Storage of prisoners' personal property in cells or rooms

   4. 48. Storage of prisoners' personal property in prison storage facilities

   5. 49. Disposal of prisoner's personal property

   6. 50. Unclaimed property

   7. 51. Prisoners' money

   8. 52. Supplies of books, newspapers, etc to prisoners

   9. 52A. Supplies of books, newspapers, etc to prisoners – coronavirus

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   PART 8 COMMUNICATIONS

   1. PRISONERS' CORRESPONDENCE AND OTHER COMMUNICATIONS

      1. 53. Current affairs

      2. 54. Prisoners' correspondence

      3. 55. Restrictions on general correspondence to and from the prisoner

      4. 56. Opening and reading of confidential correspondence

      5. 57. Confidential correspondence which cannot be clearly identified

      6. 58. Opening and reading of correspondence from and to medical practitioners

      7. 59. Privileged correspondence

      8. 60. Restriction on communications

      9. 61. Provision of writing materials and payment of postage

      10. 62. Communication by communal telephone or in-cell telephone

      11. 62A. Communication by authorised personal communication device

   2. PRISON VISITS

      1. 63. Visits by persons of a prisoner's choice

      2. 63A. Visits to prisoners – coronavirus

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

      4. 65. Accumulated visits

      5. 66. Visits by legal advisers

      6. 67. Visits by procurators fiscal

      7. 68. Visits by ... constables

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

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

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

      11. 72. Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf

      12. 73. Visits by media representatives

      13. 74. Visits by members of the Parole Board for Scotland

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

      15. 76. Visits by persons in connection with disciplinary proceedings

      16. 77. Restrictions and conditions applicable to visits under Part 8

      17. 78. Closed visiting facilities

      18. 78A. Virtual visits

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

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    PART 9 WORK, EDUCATION, EARNINGS AND RECREATION

    1. 80. Application of Part 9

    2. 81. Arrangements for work, education and counselling

    3. 81A. Arrangements for work, education and counselling – coronavirus

    4. 82. Prisoners' work

    5. 83. Conditions of work

    6. 84. Purposeful activities

    7. 84A. Purposeful activities – coronavirus

    8. 85. Work undertaken by untried and civil prisoners

    9. 86. Earnings

    10. 87. Exercise and time in the open air

    11. 88. Recreation

    12. 88A. Recreation – coronavirus

    13. 89. Prohibition on prisoners carrying on any trade, profession or vocation from prison

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    PART 10 SECURITY

    1. SUPERVISION AND CONTROL OF PRISONERS

       1. 90. Supervision of the prison and control of prisoners

       2. 91. Control of prisoners

       3. 92. Searching of prisoners

       4. 93. Compulsory testing for controlled drugs

       5. 94. Compulsory testing for alcohol

    2. CONFINEMENT AND CUSTODY OF PRISONERS

       1. 95. Removal from association

       2. 96. The use of restraints

       3. 97. Temporary confinement in a special cell

       4. 98. Temporary confinement in a cell or room

       5. 99. Custody outside prison

       6. 100. Special escorted leave

       7. 101. Escorted day absence

    3. SEIZURE AND CONTROL OF PROPERTY

       1. 102. Prohibited articles

       2. 103. Unauthorised property

       3. 104. Seizure and treatment of prohibited articles and unauthorised property

    4. SUPERVISION AND CONTROL OF VISITORS

       1. 105. Admission of visitors

       2. 106. Searching of visitors

       3. 107. Removal of visitors

       4. 108. Searching of specified persons

       5. 109. Viewing of prisons

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    PART 11 DISCIPLINE

    1. 110. Breach of discipline

    2. 111. Reporting breaches of discipline

    3. 111A. Reporting breaches of discipline – coronavirus

    4. 112. Charging breaches of discipline

    5. 113. Disciplinary hearings

    6. 114. Punishment

    7. 115. Suspended punishments

    8. 116. Breaches of discipline committed in another prison or during transfer

    9. 116A. Breaches of discipline committed in another prison or during transfer – coronavirus

    10. 117. Breaches of discipline involving the use of controlled drugs

    11. 118. Disciplinary appeals

    12. 118A. Disciplinary appeals – coronavirus

    13. 119. Direction with respect to the disciplinary appeals procedure

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    PART 12 REQUESTS AND COMPLAINTS

    1. 120. Requests to speak to certain persons

    2. 120A. Requests to speak to certain persons – coronavirus

    3. 121. Representations and complaints to the Scottish Ministers in relation to certain matters

    4. 122. Complaints to the residential first line manager

    5. 122A. Complaints to the residential first line manager - coronavirus

    6. 123. Referral of complaints to the Internal Complaints Committee

    7. 123A. Referral of complaints to the Internal Complaints Committee – coronavirus

    8. 124. Complaints to the Governor in relation to confidential matters

    9. 125. Direction with respect to complaints procedures

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    PART 13 FEMALE PRISONERS

    1. 126. Separation of male and female prisoners

    2. 127. Pregnancy and confinement

    3. 128. Accommodation of female prisoners' babies

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    PART 14 TRANSFER AND RELEASE OF PRISONERS

    1. 129. Interpretation of Part 14

    2. 130. Pre-release preparation

    3. 131. Healthcare assessment prior to transfer

    4. 131A. Healthcare assessment prior to transfer – coronavirus

    5. 132. Provision of clothing and return of property

    6. 133. Release of fine defaulters after payment

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    PART 15 TEMPORARY RELEASE

    1. 134. Eligibility of prisoners for temporary release

    2. 135. Applications for, and grant of, temporary release

    3. 136. Forms of temporary release

    4. 136A. Extension of certain periods of temporary release

    5. 136B. Extension of certain periods of temporary release – coronavirus

    6. 137. Recall of prisoners granted temporary release

    7. 138. Direction with respect to temporary release

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    PART 16 OFFICERS AND EMPLOYEES

    1. 139. General duty of officers and employees

    2. 140. Transactions with prisoners or in connection with the prison

    3. 141. Fees and gratuities

    4. 142. Searching of officers and employees

    5. 143. Communications with the media etc.

    6. 144. Code of conduct

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    PART 17 VISITING COMMITTEES

    1. 145. Application of Part 17

    2. 146. Constitution of visiting committees for prisons

    3. 147. Constitution of visiting committees for young offenders institutions

    4. 148. Proceedings of visiting committees

    5. 149. General duties of visiting committees and members of committees

    6. 150. Investigation of complaints

    7. 151. Visits to prisons by members of visiting committees

    8. 152. Inspection of prison records

    9. 153. Annual report

    10. 154. Conflicts of interest

    11. 155. Visiting committees for legalised police cells

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    PART 18 SUPPLEMENTARY

    1. 156. Directions

    2. 157. Revocations

    3. 158. Savings and transitional provisions

20. Signature

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       SCHEDULE 1

       BREACHES OF DISCIPLINE

       2. 1. commits any assault;

       3. 2. fights with any person;

       4. 3. uses threatening words or behaviour;

       5. 4. uses abusive or insulting words or behaviour;

       6. 5. commits any indecent or obscene act;

       7. 6. intentionally endangers the health or personal safety of others;

       8. 7. recklessly endangers the health or personal safety of others.

       9. 8. fails, without reasonable excuse, to open his or her mouth...

       10. 9. is absent from a place where he or she is...

       11. 10. is disrespectful to any person, other than a prisoner, who...

       12. 11. intentionally fails to work properly or, on being required to...

       13. 12. disobeys any lawful order;

       14. 13. disobeys or fails to comply with any rule, direction or...

       15. 14. intentionally obstructs any person, other than a prisoner, in the...

       16. 15. detains any person against his or her will;

       17. 16. denies access to any part of the prison to any...

       18. 17. destroys or damages any part of a prison or any...

       19. 18. intentionally or recklessly sets fire to any part of a...

       20. 19. takes improperly any article belonging to another person or to...

       21. 20. has in his or her possession, or concealed about his...

       22. 21. has in his or her possession whilst in a particular...

       23. 22. has in his or her possession, or concealed about his...

       24. 23. sells or delivers to any person any article which he...

       25. 24. sells or, without permission, delivers to any person any article...

       26. 25. consumes, takes, injects, ingests, conceals inside a body orifice, inhales...

       27. 26. uses a nicotine vapour product in an area of the...

       28. 27. administers a controlled drug to himself or herself or fails...

       29. 27A. has in his or her possession, or uses, an authorised...

       30. 27B. has in his or her possession an authorised personal communication...

       31. 27C. breaches the requirements of rule 62A(9) without reasonable excuse;

       32. 27D. fails without reasonable excuse to return an authorised personal communication...

       33. 27E. uses an authorised personal communication device in breach of the...

       34. 28. escapes or absconds from prison or from legal custody;

       35. 29. fails to return to prison when he or she should...

       36. 30. fails to comply with any condition upon which he or...

       37. 31. attempts to commit, incites another prisoner to commit, or assists...

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       SCHEDULE 2

       CONSTITUTION OF VISITING COMMITTEES

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       SCHEDULE 3

       CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

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       SCHEDULE 4

       REVOCATIONS

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       SCHEDULE 5

       SAVINGS AND TRANSITIONAL PROVISIONS

       1. 1. Where, immediately prior to 1st November 2011, any of the matters...

       2. 2. The matters referred to in paragraph 1 are—

       3. 3. Subject to paragraphs 4 to 13, insofar as any matter...

       4. 4. Where, immediately prior to 1st November 2011— (a) a prisoner had...

       5. 5. Where, immediately prior to 1st November 2011, an order under rule 94(1)...

       6. 6. Where the Scottish Ministers have granted an authority under rule 94(5)...

       7. 7. Where the Scottish Ministers have, under rule 94(6) of the 2006...

       8. 8. Where a report of a breach of discipline which was...

       9. 9. Part 11 and rules 130 and 131 of the 2006...

       10. 10. For the purposes of rule 120 of the 2006 Rules,...

       11. 11. Rules 123 to 128 of the 2006 Rules shall remain...

       12. 12. Part 15 of the 2006 Rules shall remain in force...

       13. 13. The Scottish Prison Service Employee Code of Conduct and Standards...

22. Explanatory Note