The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Special escorted leaveS

This section has no associated Executive Note

100.—(1) In this rule, “special escorted leave” means a leave of absence from the prison of an eligible prisoner for the purpose of being escorted to his or her home or other approved place for a period not exceeding 2 hours, excluding travelling time.

(2) On the application of an eligible prisoner and subject to any direction made by the Scottish Ministers under paragraph (5), the Governor may grant special escorted leave to an eligible prisoner if [F1the Governor] is of the opinion that it is appropriate to do so.

(3) In considering whether it is appropriate to grant special escorted leave to an eligible prisoner under this rule, the Governor must assess the risk that the prisoner may escape or pose a danger to the public.

[F2(3A) On any grant of special escorted leave, the Governor may impose—

(a)such conditions as the Governor considers appropriate from the conditions specified in a direction made under paragraph (5); and

(b)such further conditions as the Governor considers appropriate having regard to the individual circumstances of the prisoner.]

[F3(4) For the purposes of this rule, “eligible prisoner” means—

(a)a person who is serving a sentence of imprisonment,

(b)is confined in a prison, or a category of prison, or a particular part of a prison, to which this rule applies, and

(c)is and has been for at least 3 months assigned low supervision level.]

(5) For the purposes of special escorted leave the Scottish Ministers may specify in a direction—

(a)the prisons, categories of prisons, or parts of prisons to which this rule applies;

(b)the manner in which the Governor must consider an application for special escorted leave;

(c)the criteria about which the Governor must be satisfied before [F4granting] special escorted leave;

[F5(d)the conditions or types of conditions which may be imposed by the Governor on any grant of special escorted leave;]

(e)the timing and duration of special escorted leave and the frequency with which it may be granted to an eligible prisoner.

[F6(f)the circumstances in which rule 99(1)(b) does not apply to special escorted leave.]

Textual Amendments