The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998

Insertion of new Part 2A of the principal Rules

7.  After rule 14 of the principal Rules (separation of different categories of prisoners), there is inserted the following Part:–

“PART 2A SECURITY CATEGORIES

Security categories

14A.   The security categories which may be assigned to prisoners in accordance with this Part of these Rules are specified in column 1 of the Table set out below and the criteria which determine the application of each category are set out opposite that category in column 2 of the Table:–

Column 1	Column 2
Security Category	Criteria
A	A prisoner who would place national security at risk, or be highly dangerous to the public or to prison staff and their families or to the police in the event of an escape and who must be kept in conditions of maximum security
B	A prisoner who is considered likely to be a danger to the public and who must be kept in secure conditions to prevent his escape
C	A prisoner who is considered unlikely to be a danger to the public and who can be given the oppor tunity to serve his sentence with the minimum of restrictions
Limited Category D	A life prisoner who may participate in activities approved by the Secretary of State for the purposes of testing his suitability to be assigned security category D
D	A prisoner who is considered not to be a danger to the public and who can be given the opportunity to serve his sentence in open conditions

Assignment of security categories

14B.— (1) Every prisoner shall be assigned a security category in accordance with the provisions of this Part of these Rules.

(2) Subject to the following paragraphs of this rule, a prisoner shall be assigned the appropriate security category having regard to the criteria specified in relation to security categories in rule 14A.

(3) The Governor shall assign a security category to each prisoner as soon as possible after his reception.

(4) An untried prisoner shall be assigned no lower a security category than category B.

(5) On reception, a prisoner who is transferred to the prison under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997(1) or in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984(2) shall be assigned no lower a security category than security category B, but the Governor shall–

(a) review the prisoner’s security category within 4 weeks beginning with the date of the prisoner’s reception; and

(b) where as a result of that review the prisoner’s security category is not lowered, carry out a further review within 6 months beginning with the date on which that review was concluded.

(6) On reception, a prisoner who is–

(a) transferred under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 where the transfer is–

(i) a restricted transfer within the meaning of paragraph 6(1) of that Schedule; and

(ii) has been made for a temporary purpose; or

(b) transferred under paragraph 2 or 3 of Schedule 1 to the said Act of 1997,

shall be assigned for the period of his detention a security category which, in the opinion of the Governor, is the nearest equivalent of the security category which he had in the prison or place in the part of the United Kingdom, the Channel Islands or the Isle of Man in which he was detained immediately before his transfer.

(7) The Governor shall keep under review, and shall formally review at least once in every period of 12 months, the security category assigned to each prisoner (other than a prisoner who is for the time being assigned security category A) and may, if appropriate, assign another category to the prisoner.

(8) The Governor shall require the prior approval of the Secretary of State before a life prisoner may be assigned security category D or Limited Category D.

Information regarding assignment of a security category

14C.— (1) This rule does not apply in relation to the assignment of security category A to a prisoner, or to the review of the security category of a prisoner who is already assigned security category A, where that prisoner is entitled to receive a notice in terms of rule 14D(4) or 14E(3).

(2) Following the assignment of a security category, or the review of a security category, in accordance with this Part of these Rules, the Governor shall if asked to do so by the prisoner concerned–

(a) inform the prisoner in writing–

(i) in the case of the assignment of a security category (whether following reception or a review) of the reasons why the category assigned is appropriate; or

(ii) in the case of a review which has resulted in no change of category, of the reasons why a lower category is not appropriate;

(b) subject to paragraph (3), provide him 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 of and to which he has had regard,

in reaching the relevant decision.

(3) If the Governor is of the opinion that any document or any other information of which he was aware and to which he had regard in reaching the relevant decision would, if disclosed to the prisoner, be likely to be damaging on one or more of the following grounds, namely:–

(a) that it would be likely adversely to affect the health, welfare or safety of the prisoner or any other person;

(b) that it would be likely to result in the commission of an offence;

(c) that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;

(d) that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders; or

(e) that it would be likely otherwise to damage the public interest,

he shall inform the prisoner, 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.

Assignment of security category A

14D.— (1) If the Governor assigns security category A to any prisoner, he shall forthwith notify the Secretary of State.

(2) Where the Governor assigns security category A to any prisoner, the Secretary of State shall, as soon as reasonably practicable following receipt of the notice referred to in paragraph (1), decide whether the prisoner should continue to have that category assigned to him and shall notify the Governor of his decision.

(3) If the Secretary of State notifies the Governor in terms of paragraph (2) that the prisoner should not continue to have security category A assigned to him, the Governor shall, as soon as reasonably practicable following receipt of that notification, assign another security category in accordance with rule 14B.

(4) Where the Governor is minded to assign security category A to a prisoner (other than an untried prisoner) who is for the time being assigned any security category other than security category A, he shall provide him with–

(a) a written notice informing him–

(i) that he is minded to do so;

(ii) of the reasons why he is so minded; and

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

(b) subject to paragraph (5)–

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

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

in considering the matter.

(5) If the Governor is of the opinion that any document or any other information of which he was aware and to which he had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 14C(3), he shall inform the prisoner in the notice under paragraph (4), 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.

(6) In a case to which paragraph (4) 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 security category; and

(b) if he assigns security category A, provide the prisoner with a written statement of reasons for his decision.

Review of assignment of security category A

14E.— (1) Subject to paragraph (3), the Secretary of State shall, on the basis of information provided by the Governor, keep under review, and shall formally review at least once in every period of 12 months, the security category of every prisoner who is for the time being assigned security category A and shall notify the Governor of the outcome of the review.

(2) Where, following a review carried out in terms of paragraph (1), the Secretary of State decides that a prisoner should no longer be assigned security category A–

(a) he shall notify the Governor of that decision; and

(b) the Governor shall, as soon as reasonably practicable following receipt of that notification, assign another security category in accordance with rule 14B.

(3) Where, in the course of reviewing a security category in terms of paragraph (1), the Secretary of State is minded to conclude that there should be no change in the security category, he shall provide the prisoner with–

(a) a written notice informing him–

(i) that he is minded to make no change;

(ii) of the reasons why he is so minded; and

(iii) of the procedure by which the prisoner may make written representations in relation to the proposed retention of security category A; and

(b) subject to paragraph (4)–

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

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

in considering the matter.

(4) If the Secretary of State is of the opinion that any document or any other information of which he was aware and to which he had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 14C(3), he shall inform the prisoner in the notice under paragraph (3), 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.

(5) In a case to which paragraph (3) applies, the Secretary of State shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before concluding the review; and

(b) if he concludes that the prisoner should remain security category A, provide the prisoner with a written statement of the reasons for his decision.

(6) The Secretary of State may make a direction for the purposes of prescribing–

(a) the procedure in terms of which notices may be sent to a prisoner, and representations may be made, under rule 14D or this rule;

(b) the time limits within which the procedure mentioned in rule 14D or this rule may be carried out; and

(c) the form in which any such notice or representations may be given.”.

(1)

1997 c. 43.

(2)

1984 c. 47.