The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Searching of visitors S

106.—(1) An officer may request a visitor to consent to a search which may involve any number of the following processes—

(a) a search of the visitor's person;

(b) a search of the visitor's clothing;

(c) a visual examination of the visitor's open mouth but no equipment or force may be used;

(d) a search of any items of property in the visitor's possession;

(e) where the visitor is in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle.

(2) Where the visitor has given his or her consent to be searched following a request made under paragraph (1), the officer may conduct a search of the visitor—

(a) prior to the visitor's admission to the prison;

(b) at any time whilst the visitor is in the prison where the Governor considers that—

(i) the visitor has failed to comply with rule 105(6);

(ii) in the case of any visit taking place in terms of rule 73, the terms of an undertaking given for the purposes of rule 73(3), have been breached;

(iii) there has been a contravention of any restrictions or conditions specified in a direction made under rule 77(3); or

(iv) the visitor may have in his or her possession a prohibited article or any unauthorised property in relation to the prisoner being visited; and

(c) in the case of a search of any vehicle in accordance with paragraph (1)(e)—

(i) prior to the vehicle entering any restricted area of the prison; and

(ii) prior to the vehicle leaving any restricted area of the prison.

(3) [F1 Subject to paragraph (3A), where] a search is conducted under this rule—

(a) in the case of a search mentioned in paragraph (1)(a) or (b) the officer conducting the search must be of the same gender as the visitor [F2 unless the search is carried out by the use of—

(i) a stationary body scanner under paragraph (5)(d); or

(ii) trained sniffer dogs under paragraph (5)(e)];

(b) the search must be conducted as quickly and decently as possible; and

(c) the use of force by the officer conducting the search is not permitted.

[F3 (3A) Where a search is conducted under paragraph (1)(a) or (b), the Governor may require that the officer conducting the search must be of a different gender to the visitor where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person, or the security or good order of the prison.]

(4) A visitor who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear.

(5) A search conducted under paragraph (1), other than a search carried out under paragraph (1)(c), may be carried out by—

(a) hand;

(b) the use of equipment involving the application of a suction device or a swab on or to the visitor's clothing, any items of property mentioned in paragraph (1)(d) or (e), or any vehicle mentioned in paragraph (1)(e) in order to collect substances from their surface;

(c) the use of equipment involving the analysis of substances collected under sub‑paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(d) the use of equipment designed to detect the existence of metal objects or prohibited articles; and

(e) the use of trained sniffer dogs under the control of a trained officer.

(6) Where a search conducted under this rule involves the use of equipment under paragraph (5)(b), (c) or (d), that equipment must be used in accordance with the manufacturers instructions.

(7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104.

(8) [F4 Subject to paragraph (8A), where] a visitor is searched by an officer under section 41(2A) of the Act M1 —

(a) an officer of the same gender as the visitor must conduct the search and another officer of the same gender [F5 as the officer conducting the search] must be present during the search;

(b) subject to sub-paragraph (c), the search must be conducted outwith the sight of any person who is not an officer;

(c) where the visitor is under 16 years of age, the search must be conducted in the presence of an accompanying adult;

(d) the search must be conducted as quickly and decently as possible; and

(e) if it is necessary to use reasonable force under section 41(2B)(d) of the Act M2 , the force used must be proportionate to the threat or resistance posed by the visitor.

[F6 (8A) Where a visitor is searched by an officer under section 41(2A) of the Act, the Governor may require that an officer of a different gender to the visitor must conduct the search where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.]

(9) For the purposes of this rule—

(a) any power to search includes the power to examine; and

(b) a “restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.

Textual Amendments

F1 Words in rule 106(3) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(a)

F2 Words in rule 106(3)(a) inserted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(15)

F3 Rule 106(3A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(b)

F4 Words in rule 106(8) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(c)(i)

F5 Words in rule 106(8)(a) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(c)(ii)

F6 Rule 106(8A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(5)(d)

Marginal Citations

M1 1989 c.45; section 41(2A) was added by the Criminal Justice and Public Order Act 1994 (c.33), section 153(3) and was amended by the Criminal Justice and Licensing (Scotland) Act 2010 asp 13), section 34(1).

M2 1989 c.45; section 41(2B) was added by the Criminal Justice and Public Order Act 1994 (c.33), section 153(3) and was amended by the Criminal Justice and Licensing (Scotland) Act 2010 asp 13), section 34(1).