The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Forms of temporary release S

136.  For the purposes of this Part—

“home leave” means the unescorted temporary release from prison of an eligible prisoner for the purpose of enabling the prisoner to visit his or her home or other approved place for a period not exceeding 7 nights excluding travelling time;

“unescorted day release” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day, including travelling time, for the purposes of enabling the prisoner, in preparation for eventual release—

(a)

to develop further, or to re-establish, links with his or her family or community; or

(b)

to develop educational or employment opportunities;

“unescorted day release for compassionate reasons” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day, excluding travelling time, for the purposes of enabling the prisoner—

(a)

to visit any relative who it appears to the Governor is dangerously ill;

(b)

to attend the funeral of a near relative;

(c)

to visit a parent who is either too old or too ill to travel to the prison;

(d)

to visit the prisoner's spouse, civil partner or co-habiting partner who, for whatever reason, is unable to travel to the prison;

(e)

to visit a child for whom they have parental responsibility and who, for whatever reason, is unable to travel to the prison; or

(f)

to attend at any place for any other reason where the Governor is of the opinion that the circumstances warrant it;

“temporary release for work” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day, excluding travelling time, for the purposes of enabling the prisoner—

(a)

to undertake a work placement outside prison in terms of rule 84; [F1 or]

(b)

to attend a college, university or other educational establishment in order to participate in vocational training or an educational [F2 class;]

(c)

F3 ...

[F4 “unescorted release for health reasons” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding seven days, excluding travelling time, for the purposes of enabling the prisoner—

(a)

to attend for treatment at a medical facility outwith the prison; or

(b)

to attend counselling outwith the prison.]

[F5 “regular unescorted day release” means the unescorted temporary release from prison of an eligible prisoner for a period not exceeding one day on each occasion for the purposes of enabling the prisoner, in preparation for eventual release—

(a)

to develop further, or to re-establish, links with their family or community,

(b)

to develop educational or employment opportunities in the local community,

(c)

to attend an appointment in the local community,

(d)

to make purchases of food and drink in the local community in accordance with rule 35B, or

(e)

to undertake wellbeing activities in the local community.]

Textual Amendments

F1 Word in rule 136 inserted (1.11.2011) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011 (S.S.I. 2011/356), rules 1, 2(13)(a)

F2 Word in rule 136 substituted (1.11.2011) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011 (S.S.I. 2011/356), rules 1, 2(13)(b)

F3 Words in rule 136 omitted (1.11.2011) by virtue of The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2011 (S.S.I. 2011/356), rules 1, 2(13)(c)

F4 Words in rule 136 substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(18)

F5 Words in rule 136 inserted (4.7.2022) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2022 (S.S.I. 2022/194), rules 1, 2(7)