PART 8COMMUNICATIONS

Visits by persons of a prisoner’s choice63.

(1)

This rule applies to visits to a prisoner (other than an untried prisoner or a civil prisoner) by any person with whom the prisoner wishes to communicate.

(2)

Subject to paragraph (3) and rules 77 and 78, the Governor shall allow a prisoner, at such times as the Governor considers reasonable, either–

(a)

not less than 30 minutes in any period of 7 consecutive days; or

(b)

not less than 2 hours in any period of 28 consecutive days,

for the purposes of receiving visits in terms of this rule.

(3)

Subject to rules 77 and 78, the Governor shall allow a young prisoner (who is not also an untried prisoner), at such times as the Governor considers reasonable, not fewer than 2 visits, each of not less than 30 minutes, in any period of 7 consecutive days.

(4)

The number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(5)

Where a prisoner receives a visit in terms of this rule–

(a)

the visit shall take place within the sight of an officer; but

(b)

except where the Governor otherwise authorises, and subject to the provisions of any direction made for the purposes of rule 77, no officer shall listen to any conversation between the prisoner and his or her visitor.

(6)

Where the Scottish Ministers consider that it is not practicable to allow prisoners the minimum periods for visits specified in paragraph (2) due to the circumstances pertaining in, or facilities available at, any prison, they may by direction provide that paragraph (2) shall apply in relation to prisoners of that prison subject to such reduced minimum periods as may be specified in the direction.

(7)

A prisoner shall only be entitled to receive a visit from a person who is a prisoner at another prison in exceptional circumstances and if the Governors of the respective prisons both give consent and, in the event that either or both Governors refuse consent, the prisoners concerned shall be given an explanation of the reasons for such refusal.

(8)

A Governor shall only permit a visit in terms of this rule by a friend or relative of a prisoner who is, or has previously carried on the profession or vocation of, a journalist, author or media representative if–

(a)

the person is visiting on a personal basis and not for professional or vocational purposes; and

(b)

before being admitted to the prison the person gives a written undertaking to the effect that any material obtained during the visit–

(i)

will not be used for professional or vocational purposes and in particular for publication or broadcast or use on, or transmission by, any form of electronic medium; and

(ii)

will not be disclosed to any other person for use by that person or anyone else for the purposes of journalism, broadcasting or publishing.

(9)

This rule does not apply to visits which a prisoner may receive by virtue of rules 44 to 46 and 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.