Prisons (Scotland) Act 1989

Central administration S

1 General control over prisons in Scotland. S

All powers and jurisdiction in relation to prisons and prisoners which before the commencement of the M1 Prisons (Scotland) Act 1877 were exercisable by any other authority shall, subject to the provisions of this Act, continue to be exercisable by the Secretary of State.

Marginal Citations

M1 1877 c. 53.

F1 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F1 S. 2 repealed (1.7.1999) by 1998 c. 46, s. 125(1)(2), Sch. 8 para. 27(2), Sch. 9; S.I. 1998/3178, art. 2

3 General superintendence of prisons. S

(1) The general superintendence of prisons shall be vested in the Secretary of State.

[F2 (1A) Every prison shall have a governor and such other officers as may be necessary.]

F3 (2) The Secretary of State shall appoint to each prison a chaplain being a minister or a licentiate of the Church of Scotland.

(3) The Secretary of State shall make contracts and do all other acts necessary for the maintenance of the prisons and prisoners therein.

(4) There shall be provided such office accommodation in connection with the general superintendence of prisons as the Secretary of State, with the consent of the Treasury, may determine.

Textual Amendments

F2 S. 3(1A) substituted for words following “Secretary of State” in s. 3(1) (1.7.1999) by 1998 c. 46, s. 125(1), Sch. 8 para. 27(3); S.I. 1998/3178, art. 2

F3 S. 3(2) excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

Modifications etc. (not altering text)

C1 S. 3 modified (3.2.1995) by 1994 c. 33, s. 110(2); S.I. 1995/127, art. 2(1), Sch. 1

[F4 3A Medical officers for prisons S

(1) The Scottish Ministers must designate one or more medical officers for each prison.

(2) A person may be designated as a medical officer for a prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).

(3) A medical officer has the functions that are conferred on a medical officer for a prison by or under this Act or any other enactment.

(4) A medical officer is not an officer of the prison for the purposes of this Act.

(5) Rules under section 39 of this Act may provide for the governor of a prison to authorise the carrying out by officers of the prison of a search of any person who is in, or is seeking to enter, the prison for the purpose of providing medical services for any prisoner at the prison.

(6) Nothing in rules made by virtue of subsection (5) allows the governor to authorise an officer of a prison to require a person to remove any of the person's clothing other than an outer coat, jacket, headgear, gloves and footwear.]

Textual Amendments

F4 S. 3A substituted (1.11.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 110(1), 206(1); S.S.I. 2011/354, art. 2, Sch.

4 General duties in relation to prisons. S

(1) Subject to any directions of the Secretary of State officers duly authorised by him shall visit and inspect all prisons and examine the state of the buildings, the conduct of officers, the treatment and conduct of the prisoners and all other matters concerning the management of prisons.

(2) The Secretary of State may, by himself or by any authorised officer, exercise in relation to any prison and the prisoners therein all powers and jurisdiction exercisable by the prison authority of a prison by virtue of any Act of Parliament or by any rules duly made thereunder.

5 Report to Parliament. S

(1) The Secretary of State shall, at such time or times as he may think fit, cause a report to be prepared of the condition of the prisons and prisoners, and shall lay such report before Parliament.

(2) A report prepared under subsection (1) above shall state the various manufacturing processes carried on in each prison with such particulars as to the kinds and quantities of, and the commercial value of the labour on, the manufactures, and as to the number of prisoners employed and otherwise as may in the opinion of the Secretary of State be best calculated to afford information to Parliament.

6 Annual return of punishments. S

The Secretary of State shall make a yearly return to Parliament of all punishments inflicted within each prison and the offences for which they were inflicted.

[F5 6A. Purpose of inspection and monitoring of prisons S

The provisions of sections 7 to 7G are in pursuance of the objective of OPCAT, that is, the objective of establishing a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.]

Textual Amendments

F5 S. 6A inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(2) (with art. 5)

7 Appointment and functions of Her Majesty’s Chief Inspector of Prisons for Scotland. S

(1) Her Majesty may appoint a person to be Chief Inspector of Prisons for Scotland.

[F6 (2) The functions of the Chief Inspector are—

(a) to inspect, or arrange for the inspection of, prisons and the treatment of prisoners,

(b) to inspect the conditions in which prisoners are transported or held in pursuance of prisoner escort arrangements (within the meaning of section 102 (arrangements for the provision of prisoner escorts) of the Criminal Justice and Public Order Act 1994),

(c) to inspect the arrangements operated by prisons for the temporary release of prisoners in accordance with rules made under section 39,

(d) to investigate specific matters connected with prisons or prisoners which have been referred to the Chief Inspector by the Scottish Ministers,

(e) to issue instructions to prison monitoring co-ordinators in relation to the exercise of their functions,

(f) to prepare and publish guidance on the exercise of the functions of prison monitoring co-ordinators and independent prison monitors,

(g) to evaluate the performance of each prison monitoring co-ordinator, and

(h) such other functions as are conferred on the Chief Inspector by this or any other enactment.

(3) The Chief Inspector must report to the Scottish Ministers—

(a) following an inspection carried out under subsection (2)(a),(b) or (c),

(b) following an investigation carried out under subsection (2)(d), and

(c) annually, in relation to—

(i) the conditions in prisons and the treatment of prisoners, and

(ii) the exercise of the functions of independent prison monitors.

(4) In relation to a report made under subsection (3)(c)—

(a) the report is to be in such form and made by such date as the Scottish Ministers may direct, and

(b) different forms and different dates may be directed in relation to reports made under subsection (3)(c)(i) and (ii).

(5) The Chief Inspector must lay before the Scottish Parliament—

(a) a copy of any report made under subsection (3)(c), and

(b) a copy of any report made by a prison monitoring co-ordinator under section 7B(6)(b) or (c).

(6) The Chief Inspector may report to the Scottish Ministers in such manner as the Chief Inspector considers appropriate on any matter relating to—

(a) the conditions in prisons,

(b) the treatment of prisoners, or

(c) the exercise of the functions of prison monitoring co-ordinators or independent prison monitors.

(7) For the purpose of exercising any of the Chief Inspector’s functions, the Chief Inspector may, without prior notice—

(a) visit any prison, and access any part of a prison, in Scotland,

(b) speak in private with any prison monitoring co-ordinator, independent prison monitor, prisoner, visitor, prison officer or other person working at the prison, who agrees to speak to the Chief Inspector, or

(c) examine any prison records, other than personnel records.

(8) The Scottish Ministers are to pay the Chief Inspector such salary and allowances, and such other sums in respect of the exercise of the Chief Inspector’s functions, as the Scottish Ministers consider appropriate.

(9) The Scottish Ministers may provide staff, property or services to the Chief Inspector to assist the Chief Inspector in the exercise of the Chief Inspector’s functions.]

Textual Amendments

F6 S. 7(2)-(9) substituted for (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(3) (with art. 5)

Modifications etc. (not altering text)

C2 S. 7 excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

[F7 7A. Appointment of prison monitoring co-ordinators S

(1) There are to be three (or such higher number as the Scottish Ministers determine) prison monitoring co-ordinators.

(2) It is for the Scottish Ministers to appoint prison monitoring co-ordinators.

(3) The Scottish Ministers must consult the Chief Inspector before—

(a) making a determination under subsection (1), or

(b) making an appointment under subsection (2).

(4) The Scottish Ministers may prescribe in regulations the procedures which must be complied with in making appointments under subsection (2).

(5) Regulations under subsection (4) may in particular make provision for or in connection with—

(a) persons or organisations who must be consulted, in addition to the Chief Inspector, prior to appointments being made,

(b) terms and conditions of appointment,

(c) periods of appointment, and

(d) termination of appointments.

(6) The Chief Inspector must assign prison monitoring co-ordinators to prisons so that each prison has an assigned prison monitoring co-ordinator.

(7) A prison monitoring co-ordinator may be assigned to—

(a) prisons within a particular area,

(b) particular prisons, or

(c) all prisons.

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

7B. The functions of prison monitoring co-ordinators S

(1) The function of a prison monitoring co-ordinator is to ensure the effective monitoring of each prison to which the prison monitoring co-ordinator is assigned.

(2) In pursuance of that function, a prison monitoring co-ordinator must—

(a) appoint independent prison monitors in such numbers as the Chief Inspector considers appropriate,

(b) assign each independent prison monitor to a prison to which the prison monitoring co-ordinator is assigned,

(c) arrange for each independent prison monitor to visit the prison—

(i) in accordance with a rota of visits prepared by the prison monitoring co-ordinator and agreed between the prison monitoring co-ordinator, the independent prison monitors assigned to the prison and the governor of the prison, and

(ii) at such other times, without appointment with the governor of the prison, as may be agreed between the prison monitoring co-ordinator and the independent prison monitor,

(d) arrange for specific matters in relation to a prison, which have been referred to the prison monitoring co-ordinator by the Chief Inspector, to be investigated by one or more independent prison monitors assigned to the prison,

(e) provide such support to independent prison monitors appointed by the prison monitoring co-ordinator as the prison monitoring co-ordinator considers appropriate to assist those independent prison monitors in carrying out their duties under section 7D,

(f) arrange such training for independent prison monitors appointed by the prison monitoring co-ordinator as the prison monitoring co-ordinator considers appropriate,

(g) arrange a meeting with independent prison monitors assigned to a prison at least once every six months at which no fewer than two thirds of all independent prison monitors assigned to that prison must be in attendance,

(h) evaluate the performance of each independent prison monitor appointed by the prison monitoring co-ordinator,

(i) visit each prison to which the prison monitoring co-ordinator is assigned as instructed by the Chief Inspector, and

(j) maintain a record of the date and time of each visit to a prison in accordance with paragraph (i) and the matters considered during each visit.

(3) The rota prepared by the prison monitoring co-ordinator under subsection (2)(c)—

(a) must provide for at least one independent prison monitor to visit the prison at least once every week, and

(b) may provide for independent prison monitors to visit the prison in groups or individually.

(4) In exercising the prison monitoring co-ordinator’s functions, the prison monitoring co-ordinator must—

(a) comply with any instructions issued by the Chief Inspector under section 7(2)(e), and

(b) have regard to any guidance published by the Chief Inspector under section 7(2)(f).

(5) For the purpose of exercising any of the prison monitoring co-ordinator’s functions, a prison monitoring co-ordinator may, without prior notice—

(a) visit any prison, and access any part of a prison, to which the prison monitoring co-ordinator is assigned,

(b) speak in private with any independent prison monitor, prisoner, visitor, prison officer or other person working at the prison, who agrees to speak to the prison monitoring co-ordinator, or

(c) examine any prison records, other than—

(i) personnel records, or

(ii) any documents containing information, the disclosure of which would, in the opinion of the governor of the prison, have implications for the security of the prison.

(6) A prison monitoring co-ordinator must report to the Chief Inspector—

(a) in relation to any specific matters investigated by independent prison monitors in pursuance of arrangements made by the prison monitoring co-ordinator under subsection (2)(d),

(b) annually in relation to—

(i) the monitoring of each prison to which the prison monitoring co-ordinator is assigned, and

(ii) the conditions, and the treatment of prisoners, in each prison to which the prison monitoring co-ordinator is assigned, and

(c) otherwise in relation to such matters as the Chief Inspector may require.

(7) In relation to a report made under subsection (6)(b)—

(a) the report is to be in such form and made by such date as the Chief Inspector may direct, and

(b) different forms and different dates may be directed in relation to reports made under subsection (6)(b)(i) and (ii).

(8) A prison monitoring co-ordinator may notify the governor of a prison to which the prison monitoring co-ordinator is assigned, and the Chief Inspector, of any matter relating to the prison, or prisoners detained in the prison, which the prison monitoring co-ordinator considers appropriate.

(9) The Scottish Ministers are to pay prison monitoring co-ordinators such salary and allowances as the Scottish Ministers consider appropriate.

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

7C. Appointment of independent prison monitors S

(1) Subject to subsections (2) and (3), independent prison monitors are to be appointed on such terms and conditions as the Chief Inspector may determine.

(2) A person who has been appointed as an independent prison monitor may be re-appointed for further periods.

(3) A person may not be an independent prison monitor for a period (whether or not consecutive) of more than 9 years.

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

7D. The functions of independent prison monitors S

(1) An independent prison monitor must, in relation to the prison to which the independent prison monitor is assigned—

(a) visit the prison in accordance with arrangements made under section 7B(2)(c),

(b) monitor the conditions in the prison and the treatment of prisoners,

(c) monitor the arrangements operated by the prison for the temporary release of prisoners in accordance with rules made under section 39,

(d) investigate specific matters which have been referred to the independent prison monitor by the prison monitoring co-ordinator,

(e) notify the governor of the prison and the prison monitoring co-ordinator of any matters relating to the conditions in the prison or the treatment of prisoners which the independent prison monitor considers appropriate,

(f) where, in the opinion of the independent prison monitor, a matter notified to the governor of the prison under paragraph (e) has not been remedied to the satisfaction of the independent prison monitor, inform the governor and the prison monitoring co-ordinator, and

(g) maintain a record of the date and time of each visit to the prison and the matters considered during each visit.

(2) Without prejudice to the duty in subsection (1)(a), an independent prison monitor may also visit the prison without prior notice at such times as the independent prison monitor considers necessary.

(3) An independent prison monitor may investigate any matter referred to the independent prison monitor by a prisoner.

(4) Rules made under section 39 may make provision for assistance to be provided by independent prison monitors to prisoners in any complaints process provided for under those rules.

(5) In exercising the independent prison monitor’s functions, an independent prison monitor must—

(a) comply with any instructions issued by the prison monitoring co-ordinator,

(b) attend all training arranged by the prison monitoring co-ordinator under section 7B(2)(f), and

(c) have regard to any guidance on the monitoring of prisons published by the Chief Inspector under section 7(2)(f).

(6) For the purpose of exercising any of the independent prison monitor’s functions, an independent prison monitor may, without prior notice—

(a) visit any prison, and access any part of a prison, to which the independent prison monitor is assigned,

(b) speak in private with any prisoner, visitor, prison officer or other person working at the prison, who agrees to speak to the independent prison monitor, or

(c) examine any prison records other than—

(i) personnel records, or

(ii) any documents containing information, the disclosure of which would, in the opinion of the governor of the prison, have implications for the security of the prison.

(7) An independent prison monitor must report to the prison monitoring co-ordinator—

(a) in relation to any specific matters investigated by the independent prison monitor under subsection (1)(d), and

(b) otherwise in relation to such matters, and in such form and manner, as the prison monitoring co-ordinator may instruct.

(8) The Scottish Ministers may pay each independent prison monitor such sums in respect of travel and subsistence expenses as the Scottish Ministers consider appropriate.

(9) References in this section to “the prison monitoring co-ordinator” are references to the prison monitoring co-ordinator assigned to the prison in question.

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

7E. Duty of the governor to assist with inspection and monitoring S

The governor of a prison must ensure that the Chief Inspector, prison monitoring co-ordinators and independent prison monitors are provided with such assistance as is necessary to allow them to exercise their functions under this Act in relation to the prison.

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

7F. Prison monitoring advisory group S

(1) The Chief Inspector must establish a prison monitoring advisory group.

(2) The group is to comprise—

(a) the Chief Inspector,

(b) each of the prison monitoring co-ordinators,

(c) at least three independent prison monitors, and

(d) such other persons as the Chief Inspector considers appropriate.

(3) Persons appointed to the prison monitoring advisory group under subsection (2)(c) or (d) are to be appointed for such period as the Chief Inspector considers appropriate (and may be re-appointed).

(4) The functions of the prison monitoring advisory group are to—

(a) keep the effectiveness of prison monitoring under review,

(b) contribute to the preparation of the guidance published by the Chief Inspector under section 7(2)(f),

(c) keep the guidance published by the Chief Inspector under review,

(d) keep the training arrangements for independent prison monitors under review, and

(e) make recommendations for improvement in respect of any of the matters referred to in paragraphs (a) to (d).

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

7G. SPT visits S

(1) The Scottish Ministers must make arrangements to ensure that members of the SPT may—

(a) visit prisoners,

(b) access information relevant to the treatment of prisoners and the conditions in which they are detained,

(c) monitor the conditions in prisons and the treatment of prisoners, and

(d) monitor the arrangements operated by prisons for the temporary release of prisoners in accordance with rules made under section 39.

(2) The arrangements may, in particular, authorise members of the SPT to—

(a) access, without prior notice, any prison (accompanied by such experts as the members think fit),

(b) examine prison records relating to the detention of prisoners,

(c) meet any prisoners in private to discuss their treatment while detained and the conditions in which they are detained,

(d) inspect the conditions in which prisoners are detained (including cell accommodation, washing and toilet facilities and facilities for the provision of food), and

(e) meet such other persons as the members think may have information relevant to the treatment of prisoners and the conditions in which they are detained.

(3) The Scottish Ministers must keep the arrangements under review and revise them as they think fit.]

Textual Amendments

F7 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

F8 8 Visiting committees. S

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Textual Amendments

F8 S. 8 repealed (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(5) (with art. 5)

Modifications etc. (not altering text)

C3 S. 8 excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

9 Appointment of prison ministers. S

(1) Where in any prison the number of prisoners who belong to a religious denomination other than the Church of Scotland is such as in the opinion of the Secretary of State to require the appointment of a minister of that denomination, the Secretary of State may appoint such a minister to that prison.

(2) The Secretary of State may pay a minister appointed under the foregoing subsection such remuneration as he thinks reasonable.

(3) The Secretary of State may allow a minister of any denomination other than the Church of Scotland to visit prisoners of his denomination in a prison to which no minister of that denomination has been appointed under this section.

(4) No prisoner shall be visited against his will by such a minister as is mentioned in the last foregoing subsection; but every prisoner not belonging to the Church of Scotland shall be allowed, in accordance with the arrangements in force in the prison in which he is confined, to attend chapel or to be visited by the chaplain.

(5) The governor of a prison shall on the reception of each prisoner record the religious denomination to which the prisoner declares himself to belong, and shall give to any minister who under this section is appointed to the prison or permitted to visit prisoners therein a list of the prisoners who have declared themselves to belong to his denomination; and the minister shall not be permitted to visit any other prisoners.

Modifications etc. (not altering text)

C4 S. 9 excluded (18.9.1998) by S.I. 1998/2251, art. 16(1)

C5 S. 9(5) modified (3.2.1995) by 1994 c. 33, s. 110(3); S.I. 1995/127, art. 2(1), Sch. 1