Prisons (Scotland) Act 1989
Central administration
1 General control over prisons in Scotland.
2 Appointment of officers and servants for the purposes of this Act.
3 General superintendence of prisons.
3A Medical services in prisons.
4 General duties in relation to prisons.
5 Report to Parliament.
6 Annual return of punishments.
7 Appointment and functions of Her Majesty’s Chief Inspector of Prisons for Scotland.
8 Visiting committees.
9 Appointment of prison ministers.
Confinement and treatment of prisoners
10 Place of confinement of prisoners.
11 Removal of prisoners for judicial and other purposes.
12 Photographing and measuring of prisoners.
13 Legal custody of prisoner.
14 Legalised police cells.
15 Right of sheriff or justice to visit prison.
Discharge of prisoners
16 Discharge of prisoners.
17 Allowances to prisoner on discharge.
18 Constitution and functions of Parole Board and local review committees.
Detention and transfer of young offenders
19 Remand centres and young offenders institutions.
20 Temporary detention of persons liable to detention in young offenders institution or remand centre.
20A Transfer of young offenders to prison or remand centre.
21 Transfer to prison of persons over 21, and maximum age for detention in young offenders institution.
Release on licence, etc.
22 Release on licence of persons serving determinate sentences.
23 Release on licence without recommendation of Parole Board.
24 Remission for good conduct.
25 Release on licence of children convicted on indictment.
26 Release on licence of persons sentenced to imprisonment for life, etc.
27 Power of Secretary of State to discharge prisoners temporarily on account of their health.
28 Revocation of licences and conviction of prisoners on licence.
29 Determination of age.
Supervision after release
30 Supervision of certain prisoners after release.
31 Supervision of children after release.
32 Supervision of persons released from young offenders institution.
Miscellaneous
33 Duties of governor of prison.
33A Power of governor to delegate functions.
34 Notification of and inquiry into death of prisoner.
35 Return of warrants for or sentences of imprisonment.
36 Legal estate in prison.
37 Discontinuance of prison.
38 Acquisition of land for prisons.
39 Rules for the management of prisons and other institutions.
40 Persons unlawfully at large.
40A Warrants for arrest of escaped prisoners.
41 Unlawful introduction of tobacco, etc., into prison.
41A Powers of search by authorised employees.
41B Testing prisoners for drugs.
41C Testing of prisoners for alcohol.
41D Unlawful disclosure of information by medical officer.
42 Exercise of power to make rules, etc.
43 Interpretation.
44 Expenses.
45 Amendments and repeals.
46 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1
The Parole Board
1The Parole Board shall include among its members—
2A person appointed to be a member of the Parole...
3There shall be paid to the members of the Board...
4The expenses of the Board under the last foregoing paragraph...
5The Board shall as soon as practicable after the end...
Local review committees
6The Secretary of State may out of moneys provided by...
SCHEDULE 2 Amendment of enactments
Children and Young Persons (Scotland) Act 1937
1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2In section 87(1) and (3) of that Act, after the...
Army Act 1955
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Air Force Act 1955
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Naval Discipline Act 1957
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6In section 88 of that Act, in subsection (3)(c), for...
Criminal Justice Act 1961
7In section 30(1)(b) of the Criminal Justice Act 1961, for...
Criminal Justice (Scotland) Act 1963
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1967
9In section 69(2) of the Criminal Justice Act 1967, for...
Courts-Martial (Appeals) Act 1968
10In section 52 of the Courts-Martial (Appeals) Act 1968, for...
Criminal Procedure (Scotland) Act 1975
11In section 205A(1) of the Criminal Procedure (Scotland) Act 1975,...
12For section 206(1) of that Act, there shall be substituted...
13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
16In section 462(1) of that Act, for the words “Prisons...
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contempt of Court Act 1981
18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Mental Health (Scotland) Act 1984
19In section 74(8) of the Mental Health (Scotland) Act 1984,...
SCHEDULE 3 Repeals

Royal arms

Prisons (Scotland) Act 1989

1989 CHAPTER 45

An Act to consolidate certain enactments relating to prisons and other institutions for offenders in Scotland and connected matters.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—