The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Right to make representations prior to certain reviews of supervision level

19.—(1) This rule applies when, in the course of a review of a prisoner’s supervision level, a Governor is minded to assign–

(a) a higher supervision level than the existing level that is assigned to the prisoner; or

(b) a supervision level other than low supervision to a prisoner who is–

(i) a long-term prisoner who is eligible to be considered by the Parole Board for Scotland in terms of Part I of the 1993 Act;

(ii) a life prisoner who has served the part of his or her sentence specified in an order made under section 2(3) of the 1993 Act; or

(iii) a prisoner who has not yet served the part of his or her sentence specified in sub paragraph (i) or (ii) but who has served such part of his or her sentence as may be specified in a direction made by the Scottish Ministers.

(2) The Governor shall–

(a) provide the prisoner with a written notice informing him–

(i) of the supervision level that it is proposed should be assigned to the prisoner;

(ii) of the reasons for that proposal; and

(iii) of the procedure by which the prisoner may make written representations in relation to the proposed assignment of the supervision level; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in considering the matter.

(3) If the Governor is of the opinion that any document or other information of which the Governor was aware and to which he or she has had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 18(3), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

(4) In a case to which paragraph (2) applies, the Governor shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the assignment of a supervision level; and

(b) if the supervision level is assigned in circumstances as mentioned in paragraph (1), provide the prisoner with a written statement of reasons for his or her decision.