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The Prisons and Young Offenders Institutions (Scotland) Rules 2006

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Referral of complaints to the Governor

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126.—(1) A prisoner if dissatisfied with the decision of the internal complaints committee in terms of rule 125 in relation to a complaint which he or she referred to it, may refer the complaint to the Governor.

(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 Governor shall consider the complaint within 7 days of the date on which it is referred except where it is not reasonably practicable to do so.

(4) The Governor may, at the request of the prisoner, discuss the complaint with the prisoner.

(5) If the Governor refuses a request by a prisoner to discuss the complaint, the Governor shall inform the prisoner of the reasons for that refusal and shall record that decision in writing.

(6) After considering the referral, the Governor may–

(a)reject the complaint; or

(b)substitute or amend any recommendation made by the internal complaints committee in terms of rule 125(7) or make any other recommendation as he or she considers appropriate and give effect to the recommendations as substituted or amended.

(7) The Governor shall inform the prisoner of the decision in writing.

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