The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Searches of officers and employees

151.—(1) Without prejudice to any power of search referred to in the Act, the Governor may order the carrying out of a search–

(a) of any officer or employee; and

(b) of any article of property belonging to any officer or employee which is in his or her possession whilst in the prison, or which is kept by them in his or her locker or any other place within the prison.

(2) A search under paragraph (1) of any clothing or other article of property belonging to an officer or employee which is being worn or, as the case may be, otherwise in his or her possession whilst in the prison, or which is kept by them in their locker or any other place within the prison, may, in addition to being carried out by hand but subject to paragraphs (3) and (4), be carried out–

(a) by the use of equipment involving–

(i) the application of a suction device or a swab on or to such possessions in order to collect particles from their surface; and

(ii) the analysis of such particles for the purpose of ascertaining whether any consists of a controlled drug or an explosive substance;

(b) by the use of equipment designed to detect the existence of metal objects; and

(c) in accordance with any such procedures and conditions as may be specified in a direction by the Scottish Ministers.

(3) The power of search conferred by paragraph (1) shall–

(a) not be construed as authorising the Governor to require an officer or employee to remove any clothing other than an outer coat, jacket, headgear, footwear and gloves; and

(b) include power to use reasonable force where necessary.

(4) A search of an officer or employee shall be carried out within the prison–

(a) by at least 2 officers who shall be of the same sex as the officer or employee being searched;

(b) outwith the sight of any other person; and

(c) as expeditiously and decently as possible.