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The Prisons and Young Offenders Institutions (Scotland) Rules 2011
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Applications for, and grant of, temporary releaseS
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135.—(1) This rule applies in relation to all forms of temporary release except where otherwise expressly indicated.
(2) Where a prisoner seeks to make an application for unescorted day release or unescorted day release for compassionate reasons, both as defined in rule 136, that application must be made in writing by the prisoner to the Governor.
(3) Subject to any direction made by the Scottish Ministers under rule 138, the Governor may grant temporary release to an eligible prisoner if the Governor is of the opinion that it is appropriate to do so.
(4) In considering whether it is appropriate to grant temporary release to an eligible prisoner under this Part, the Governor must assess the risk that the prisoner may—
(a)abscond; or
(b)pose a danger, or cause harm, to the public.
[F1(4A) On any grant of temporary release the Governor may impose—
(a)such conditions as the Governor considers appropriate from the conditions specified in a direction made under rule 138; and
(b)such further conditions as the Governor considers appropriate having regard to the individual circumstances of the prisoner.]
(5) Where the Governor refuses to grant temporary release, the Governor must inform the prisoner in writing of the decision and the reasons for the decision.
[F2(5A) The Governor may arrange for an allowance to be paid to prisoners on temporary release to cover travelling expenses and the prisoner’s general subsistence while on temporary release.]
(6) The Governor may make such arrangements as the Governor considers appropriate for the transport to and from prison of prisoners who have been granted temporary release.
Textual Amendments
F1Rule 135(4A) inserted (19.3.2012) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2012 (S.S.I. 2012/26), rules 1, 2(14)(a)
F2Rule 135(5A) inserted (19.3.2012) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2012 (S.S.I. 2012/26), rules 1, 2(14)(b)
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