The Prisons and Young Offenders Institutions (Scotland) Rules 2011

1Citation and commencement

2Interpretation

3Application of Rules

4Application of Rules to contracted out prisons

5Suspension of certificate of a prisoner custody officer

6Elimination of discrimination

7Availability of Rules and directions

8Production of warrant, order, direction or certificate

9Procedure on reception of prisoners

10Interview of prisoners on reception

11Information to be given to prisoners on reception

12Registration and records of prisoners

13Recording data about a prisoner’s religion

14Categorisation of prisoners

15Allocation of prisoners

16Separation of different categories of prisoners

17Supervision levels

18Assignment of supervision levels on reception

19Assignment of supervision levels on review

20Maintaining or lowering a supervision level on review

21Assigning certain supervision levels on review

22Direction with respect to supervision levels

23Imposition of special security measures

24Provisional imposition of special security measures

25Reviews of imposition of special security measures

26Direction with respect to special security measures

27Disclosure of information considered by the Governor under this Part

28Accommodation of prisoners

29Standard of accommodation

30Provision of bedding

31Convicted prisoners wearing their own clothing

32Untried and civil prisoners wearing their own clothing

33Provision of clothing to prisoners

34Personal hygiene

35Prisoners’ food and drink

37Provision of accommodation for healthcare services

38Notification to a healthcare professional of prisoners requiring attention

39Arrangements for care by other medical practitioners, specialists or medical facilities outwith prison

40Recommendations by healthcare professionals

41Accommodation in specified conditions

42Notification of relatives and friends of prisoners suffering serious illness, etc

43Prisoners’ welfare

44Practising religion or belief within prison

46Prisoners’ personal property

47Storage of prisoners’ personal property in cells or rooms

48Storage of prisoners’ personal property in prison storage facilities

49Disposal of prisoner’s personal property

50Unclaimed property

51Prisoners’ money

52Supplies of books, newspapers, etc to prisoners

PRISONERS’ CORRESPONDENCE AND OTHER COMMUNICATIONS

53Current affairs

54Prisoners’ correspondence

55Restrictions on other correspondence to and from the prisoner

56Opening and reading of correspondence from and to courts

57Opening and reading of correspondence from and to legal advisers

58Opening and reading of correspondence from and to medical practitioners

59Privileged correspondence

60Requests to prevent communication from a prisoner

61Provision of writing materials and payment of postage

62Communication by telephone

63Visits by persons of a prisoner’s choice

64Visits to untried and civil prisoners by persons of a prisoner’s choice

65Accumulated visits

66Visits by legal advisers

67Visits by procurators fiscal

68Visits by police constables

69Visits by representatives of diplomatic services and national or international authorities or organisations

70Special visits to certain prisoners in connection with further proceedings

71Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament

72Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf

73Visits by media representatives

74Visits by members of the Parole Board for Scotland

75Visits by members or employees of the Scottish Criminal Cases Review Commission

76Visits by persons in connection with disciplinary proceedings

77Restrictions and conditions applicable to visits under Part 8

78Closed visiting facilities

79Arrangements for securing release of prisoners committed to prison in default of payments

80Application of Part 9

81Arrangements for work, education and counselling

82Prisoners’ work

83Conditions of work

84Purposeful activities

85Work undertaken by untried and civil prisoners

87Exercise and time in the open air

89Prohibition on prisoners carrying on any trade, profession or vocation from prison

SUPERVISION AND CONTROL OF PRISONERS

90Supervision of the prison and control of prisoners

91Control of prisoners

92Searching of prisoners

93Compulsory testing for controlled drugs

94Compulsory testing for alcohol

CONFINEMENT AND CUSTODY OF PRISONERS

95Removal from association

96The use of restraints

97Temporary confinement in a special cell

98Temporary confinement in a cell or room

99Custody outside prison

100Special escorted leave

101Escorted day absence

SEIZURE AND CONTROL OF PROPERTY

102Prohibited articles

103Unauthorised property

104Seizure and treatment of prohibited articles and unauthorised property

SUPERVISION AND CONTROL OF VISITORS

105Admission of visitors

106Searching of visitors

107Removal of visitors

108Searching of specified persons

109Viewing of prisons

110Breach of discipline

111Reporting breaches of discipline

112Charging breaches of discipline

113Disciplinary hearings

115Suspended punishments

116Breaches of discipline committed in another prison or during transfer

117Breaches of discipline involving the use of controlled drugs

118Disciplinary appeals

119Direction with respect to the disciplinary appeals procedure

120Requests to speak to certain persons

121Representations and complaints to the Scottish Ministers in relation to certain matters

122Complaints to the residential first line manager

123Referral of complaints to the Internal Complaints Committee

124Complaints to the Governor in relation to confidential matters

125Direction with respect to complaints procedures

126Separation of male and female prisoners

127Pregnancy and confinement

128Accommodation of female prisoners’ babies

129Interpretation of Part 14

130Pre-release preparation

131Healthcare assessment prior to transfer

132Provision of clothing and return of property

133Release of fine defaulters after payment

134Eligibility of prisoners for temporary release

135Applications for, and grant of, temporary release

136Forms of temporary release

137Recall of prisoners granted temporary release

138Direction with respect to temporary release

139General duty of officers and employees

140Transactions with prisoners or in connection with the prison

141Fees and gratuities

142Searching of officers and employees

143Communications with the media etc.

144Code of conduct

145Application of Part 17

146Constitution of visiting committees for prisons

147Constitution of visiting committees for young offenders institutions

148Proceedings of visiting committees

149General duties of visiting committees and members of committees

150Investigation of complaints

151Visits to prisons by members of visiting committees

152Inspection of prison records

153Annual report

154Conflicts of interest

155Visiting committees for legalised police cells

158Savings and transitional provisions

SCHEDULE 1BREACHES OF DISCIPLINE

SCHEDULE 2CONSTITUTION OF VISITING COMMITTEES

SCHEDULE 3CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

SCHEDULE 4REVOCATIONS

SCHEDULE 5SAVINGS AND TRANSITIONAL PROVISIONS

1Where, immediately prior to 1stNovember 2011, any of the matters...

2The matters referred to in paragraph 1 are—

3Subject to paragraphs 4 to 13, insofar as any matter...

4Where, immediately prior to 1stNovember 2011— (a) a prisoner had...

5Where, immediately prior to 1stNovember 2011, an order under rule94(1)...

6Where the Scottish Ministers have granted an authority under rule94(5)...

7Where the Scottish Ministers have, under rule94(6) of the 2006...

8Where a report of a breach of discipline which was...

9Part 11 and rules 130 and 131 of the 2006...

10For the purposes of rule 120 of the 2006 Rules,...

11Rules 123 to 128 of the 2006 Rules shall remain...

12Part 15 of the 2006 Rules shall remain in force...

13The Scottish Prison Service Employee Code of Conduct and Standards...

2011 No. 331

Prisons

The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Made12th September 2011

Laid before the Scottish Parliament14th September 2011

Coming into force1st November 2011

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Courts-Martial (Appeals) Act 19681, sections 3A, 8, 11, 12, 14, 33A and 39 of the Prisons (Scotland) Act 19892 and sections 104(6) and 114(3) of, and paragraph 3(2)(b) of Schedule 6 to, the Criminal Justice and Public Order Act 19943 and all other powers enabling them to do so.