The Prisons and Young Offenders Institutions (Scotland) Rules 2011 No. 331

PART 8 S COMMUNICATIONS

PRISONERS' CORRESPONDENCE AND OTHER COMMUNICATIONS S

Current affairs S

53.—(1) Subject to paragraph (2), every prisoner may keep informed of current affairs by means of—

(a) books, newspapers, periodicals or a radio; and

(b) any other medium the Governor may allow.

(2) The Governor may restrict, or impose conditions as to, the exercise of the entitlement referred to in paragraph (1) where the Governor considers it is necessary in order to—

(a) protect the prisoner from self-injury; or

(b) prevent the prisoner from injuring others.

Prisoners' correspondence S

54.—(1) Subject to rules [F1 55 to 57 and 60], a prisoner may send and receive letters and packages by means of the postal service, or otherwise.

(2) Nothing in these Rules gives a prisoner any right to send or receive electronic communications.

Textual Amendments

F1 Words in rule 54(1) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(8)

[F2 Restrictions on general correspondence to and from the prisoner S

55.— (1) This rule applies to any letter or package, other than one to which rule 56 or 57 applies, which a prisoner wishes to send or which is addressed to a prisoner.

(2) An officer or employee may open a letter or package to which this rule applies and remove [F3 , copy and, for the purposes of investigating whether it contains a prohibited article or unauthorised property, test] the contents of that letter or package.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, the officer or employee may ask the prisoner to be present when the letter or package is opened or its contents removed.

[F4 (3A) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee must provide the copy to the prisoner.

(3B) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee may retain the letter or package for return to the prisoner upon his or her release.]

(4) The contents of a letter or package to which this rule applies may only be read by an officer or employee—

(a) in the circumstances specified in a direction by the Scottish Ministers made under paragraph (7); and

(b) in accordance with any conditions specified in a direction by the Scottish Ministers made under paragraph (7).

(5) Subject to paragraph (6), where a letter or package to which this rule applies is, or is found to contain anything, in contravention of the restrictions specified in a direction by the Scottish Ministers made under paragraph (7), an officer or employee may—

(a) prevent the letter or package, or the contents of the letter or package, from being sent or from being received by the prisoner; and

(b) deal with the letter or package, or the contents of the letter or package, in accordance with such arrangements as may be specified in a direction by the Scottish Ministers made under paragraph (7).

(6) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(7) The Scottish Ministers may specify in a direction any of the following matters in relation to letters and packages to which this rule applies—

(a) the circumstances in which a letter or package may be read;

(b) the conditions under which a letter or package may be read;

(c) the officers or employees who may be authorised to read a letter or package;

(d) the restrictions as to the number of letters or packages which a prisoner may send;

(e) the restrictions as to the amount of money (whether in the form of cash, cheques, bankers’ drafts or otherwise) which a prisoner may send or receive in a letter or package;

(f) the times and frequency at which a prisoner may send or receive money (whether in the form of cash, cheques, bankers’ drafts or otherwise) in a letter or package;

(g) the persons, authorities and organisations to whom a prisoner is prohibited from sending a letter or package;

(h) the restrictions or conditions which apply where a prisoner wishes to send a letter or package to a person, authority or organisation with whom the prisoner is not prohibited from corresponding;

(i) the general nature and description of letters or packages which a prisoner is not permitted to send or receive; and

(j) the arrangements in accordance with which a letter or package, or the contents of a letter or package, may be dealt under paragraph (5)(b).]

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

F3 Words in rule 55(2) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(3)(a)

F4 Rule 55(3A)(3B) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(3)(b)

[F2 Opening and reading of confidential correspondence S

56.— (1) This rule applies to a letter or package which can be clearly identified, from the outer face of the envelope or packaging, as containing or comprising confidential correspondence.

(2) An officer or employee must not open a letter or package to which this rule applies, or remove the contents of that letter or package, unless—

(a) the officer or employee has cause to believe that it contains a prohibited article or unauthorised property; or

(b) the officer or employee has reasonable cause to believe that the contents of the letter or package may—

(i) endanger the security of the prison;

(ii) endanger the safety of any person; or

(iii) relate to a criminal activity.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, under paragraph (2), the officer or employee must—

(a) inform the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for opening the letter or package or removing its contents; and

(b) ensure that the prisoner is present when the letter or package is opened or its contents removed, unless the prisoner refuses, or does not wish, to be present.

(4) The contents of a letter or package to which this rule applies must not be read by an officer or employee unless that officer or employee has—

(a) been authorised by the Governor to do so under paragraph (5); and

(b) informed the prisoner of the reason for reading the contents of the letter or package.

(5) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(c) relate to a criminal activity.

(6) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(7) In this rule—

“confidential correspondence” means court correspondence, legal correspondence, medical correspondence or privileged correspondence;

“court” includes, but is not limited to, the sheriff, the High Court of Justiciary, the Court of Session, the European Court of Justice, the European Court of Human Rights, the International Criminal Court, the Supreme Court, the First-tier Tribunal (Immigration and Asylum Chamber), the Upper Tribunal (Immigration and Asylum Chamber), the Scottish Criminal Cases Review Commission and the Parole Board for Scotland;

“court correspondence” means a letter or package which is—

(a)

addressed to a court and which a prisoner gives to an officer or employee for the purpose of sending to that court; or

(b)

sent to a prisoner at the prison by a court;

“legal correspondence” means a letter or package which is—

(a)

addressed to a legal adviser and which a prisoner gives to an officer or employee for the purpose of sending to that legal adviser; or

(b)

sent to a prisoner at the prison by a legal adviser;

“medical correspondence” means a letter or package which contains personal health information about a relevant prisoner and is—

(a)

addressed to a registered medical practitioner and given to an officer or employee by the relevant prisoner for the purpose of sending to that registered medical practitioner; or

(b)

sent to the relevant prisoner at the prison by a registered medical practitioner;

“privileged correspondence” means a letter or package which is—

(a)

addressed to a person, authority or organisation specified in a direction made by the Scottish Ministers and which a prisoner gives to an officer or employee for the purpose of sending to that person, authority or organisation; or

(b)

sent to a prisoner at the prison by a person, authority or organisation specified in a direction made by the Scottish Ministers;

“relevant prisoner” means a prisoner who—

(a)

is certified as having a life-threatening illness by the registered medical practitioner from whom the prisoner is receiving treatment for that illness; and

(b)

has obtained the Governor’s prior consent to communicate with that registered medical practitioner in confidence.]

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

[F2 Confidential correspondence which cannot be clearly identified S

57.— (1) This rule applies to a letter or package which—

(a) cannot be clearly identified from the outer face of the envelope or packaging as containing or comprising confidential correspondence;

(b) an officer or employee has opened, and removed the contents thereof, under rule 55(2);

(c) the officer or employee proposes to read in accordance with rule 55(4); and

(d) the officer or employee subsequently identifies as containing or comprising confidential correspondence.

(2) From the moment that an officer or employee identifies a letter or package to which this rule applies as containing or comprising confidential correspondence, that letter or package must be treated in accordance with paragraphs (3) and (4).

(3) The contents of a letter or package to which this rule applies must not be read by an officer or employee unless that officer or employee has—

(a) been authorised by the Governor to do so under paragraph (4); and

(b) informed the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for reading the contents of the letter or package.

(4) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(c) relate to a criminal activity.

(5) In this rule “confidential correspondence” has the meaning given by rule 56(7).]

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

Opening and reading of correspondence from and to medical practitioners S

F2 58.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

Privileged correspondence S

F2 59.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

[F5 Restriction on communications S

60.— (1) Any person who does not want to receive any communication from a prisoner may make a request to the Governor to prevent or restrict that prisoner from communicating with that person.

(2) Where the Governor receives a request under paragraph (1), the Governor may take such reasonable steps as the Governor considers appropriate to prevent or restrict communication from that prisoner to that person.

(3) The Scottish Ministers may make provision in a direction made under rules 55(7), 62(10) or 62A(11) in relation to the operation of this Rule.

(4) For the purposes of this Rule, “communication” means—

(a) written correspondence;

(b) calls made from a communal telephone or an in-cell telephone; or

(c) calls made from an authorised personal communication device.]

Textual Amendments

F5 Rule 60 substituted (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(5)

Provision of writing materials and payment of postage S

61.—(1) Subject to paragraphs (2) and (3) every prisoner must be allowed to send one letter every week, the postage for which must be paid for by the Scottish Ministers, and the Governor must provide the prisoner with the necessary writing materials for this purpose.

(2) The writing materials which must be provided by the Governor under paragraph (1) are as follows—

(a) a ballpoint pen;

(b) one sheet of writing paper and a reasonable number of further sheets if the prisoner so requires; and

(c) an envelope.

(3) The Governor may allow the prisoner to send more than one letter every week at the expense of the Scottish Ministers if it appears to the Governor that this is justified in the prisoner's circumstances.

[F6 Communication by communal telephone or in-cell telephone S

62.— (1) The entitlement of a prisoner to use a communal telephone or an in-cell telephone under this rule is subject to—

(a) the provisions of rule 60 and this rule; and

(b) the provisions of any direction made under paragraph (10).

(2) A prisoner is entitled to use a communal telephone.

(3) A prisoner is entitled to use an in-cell telephone where—

(a) the Scottish Minsters have authorised the use of in-cell telephones in the prison in a direction made under paragraph (10); and

(b) an in-cell telephone has been installed in the prisoner’s cell or room.

(4) The Governor may impose restrictions as to the times of day during which a prisoner may use a communal telephone or an in-cell telephone.

(5) The Governor may impose different restrictions under paragraph (4) for different purposes including different restrictions for—

(a) different classes of prisoners;

(b) different parts of the prison; and

(c) different types of telephone.

(6) The Governor may restrict or remove a prisoner’s entitlement to use a communal telephone or an in-cell telephone—

(a) in accordance with rule 60; or

(b) in accordance with any direction made under paragraph (10).

(7) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (4).

(8) The Governor must inform a prisoner in writing of any decision under paragraph (6) to restrict or remove the prisoner’s entitlement to use a communal telephone or an in-cell telephone.

(9) A prisoner must not—

(a) tamper with a communal telephone or an in-cell telephone or cause someone else to tamper with the telephone; or

(b) intentionally damage or destroy a communal telephone or an in-cell telephone or cause someone else so to damage or destroy the telephone.

(10) The Scottish Ministers may specify in a direction—

(a) the prisons in which a prisoner may use an in-cell telephone;

(b) the conditions applicable to the use of a communal telephone or an in-cell telephone by a prisoner;

(c) the circumstances in which, and the grounds on which, a prisoner’s entitlement to use a communal telephone or an in-cell telephone can be restricted or removed by the Governor;

(d) the numbers which a prisoner may, or may not, call on a communal telephone or an in-cell telephone;

(e) the circumstances in which, and the means by which, calls made by a prisoner from a communal telephone or an in-cell telephone are to be logged, monitored and recorded.

(11) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from a communal telephone or in-cell telephone.]

Textual Amendments

F6 Rules 62, 62A substituted for rule 62 (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(6)

[F6 Communication by authorised personal communication device S

62A.— (1) The entitlement of a prisoner to possess and use an authorised personal communication device under this rule is subject to—

(a) the terms of any authorisation made under section 41ZB(8) of the Act;

(b) the provisions of rule 60 and this rule; and

(c) the provisions of any direction made under paragraph (11).

(2) A prisoner is entitled to possess and use an authorised personal communication device where—

(a) the Scottish Ministers have authorised the possession and use of authorised personal communication devices in the prison under section 41ZB(8) of the Act; and

(b) the Governor has provided an authorised personal communication device to the prisoner.

(3) The Governor may impose restrictions as to—

(a) the parts of a prison in which a prisoner may possess or use an authorised personal communication device;

(b) the times of day during which a prisoner may use an authorised personal communication device.

(4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—

(a) different classes of prisoners;

(b) different parts of the prison; and

(c) different types of authorised personal communication device.

(5) The Governor may restrict or remove a prisoner’s entitlement to possess and use an authorised personal communication device—

(a) in accordance with rule 60; or

(b) in accordance with any direction made under paragraph (11).

(6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).

(7) The Governor must inform a prisoner in writing of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to possess and use an authorised personal communication device.

(8) A prisoner must not possess, or use, an authorised personal communication device which was not provided to the prisoner by the Governor for use by that prisoner.

(9) A prisoner must not—

(a) tamper with any authorised personal communication device or cause someone else to tamper with the device; or

(b) intentionally damage or destroy any authorised personal communication device or cause someone else so to damage or destroy the device.

(10) A prisoner must return any authorised personal communication device in the prisoner’s possession to an officer where the officer orders the prisoner to do so.

(11) The Scottish Ministers may specify in a direction—

(a) the conditions applicable to the possession and use of an authorised personal communication device by a prisoner;

(b) the circumstances in which, and the grounds on which, a prisoner’s entitlement to possess and use an authorised personal communication device can be restricted or removed by the Governor;

(c) the numbers which a prisoner may, or may not, call on an authorised personal communication device;

(d) the circumstances in which, and the means by which, calls made by a prisoner from an authorised personal communication device are to be logged, monitored and recorded.

(12) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from an authorised personal communication device.

(13) Paragraph (14) applies where a prisoner possesses or uses an authorised personal communication device in breach of—

(a) the terms of any authorisation made under section 41ZB(8) of the Act;

(b) the provisions of this rule; or

(c) the provisions of any direction made under paragraph (11) of this rule.

(14) Where this paragraph applies—

(a) the prisoner may be charged with a breach of discipline under Part 11; and

(b) the Governor may report the matter to the police where the Governor considers that an offence may have been committed under sections 41 or 41ZA of the Act.]

Textual Amendments

F6 Rules 62, 62A substituted for rule 62 (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(6)