The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Referral of complaints to the internal complaints committee

125.—(1) If a prisoner is dissatisfied with the reply given in relation to a complaint by the residential unit manager in terms of rule 124(3) or (4), the prisoner may make a written referral of the complaint to the internal complaints committee (“the committee”) consisting of not fewer than 3 officers or employees.

(2) If the prisoner requires assistance with the making of the written complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) The complaint shall be inquired into by the committee not later than 7 days after the date on which the referral is made.

(4) The prisoner making the referral may–

(a) attend the inquiry and make representations to the committee;

(b) be assisted at the inquiry by–

(i) an officer or an employee, a member of the visiting committee, or any person who ordinarily works at the prison but who is not employed by the Scottish Ministers; or

(ii) where the officer acting as chairman of the committee is satisfied that there are exceptional circumstances, another prisoner at the prison concerned,

if the person concerned has agreed to assist the prisoner;

(c) subject to paragraphs (5) and (6), call witnesses to give evidence in support of his or her complaint; and

(d) ask questions of any person giving evidence at the inquiry.

(5) If a prisoner making a referral intends–

(a) to call witnesses to give evidence in support of the complaint; or

(b) to be assisted by any person as mentioned in paragraph (4)(b),

the prisoner shall give written notice of that intention and the reasons for considering this to be necessary.

(6) The officer acting as chairman of the committee may refuse to allow a prisoner to call a particular witness if, having discussed the matter with the prisoner, he or she reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in considering the complaint and, in that event, the officer shall inform the prisoner concerned prior to the hearing.

(7) Subject to paragraphs (8) and (9), at the conclusion of the inquiry, the committee shall–

(a) consider and decide upon such recommendations as it sees fit in relation to the complaint;

(b) inform the prisoner of its decision at that time; and

(c) confirm the decision in writing as soon as reasonably practicable thereafter.

(8) Subject to paragraph (9), if the committee is unable to give a decision at the time of the inquiry, it shall inform the prisoner of the decision in writing within 48 hours of the conclusion of the inquiry.

(9) If in exceptional circumstances the committee is unable to inform the prisoner of its decision within the period specified in paragraph (8), it shall inform the prisoner–

(a) within that period of the reasons for the delay and when the committee considers it will be able to give its decision; and

(b) of its decision as soon as reasonably practicable thereafter.

(10) The officer acting as chairman of the committee shall inform the Governor of the decision.

(11) The Governor shall take such action as is possible in order to give effect to any recommendation the committee may make in relation to the complaint.