Prisons (Scotland) Act 1989

[F1 7B. The functions of prison monitoring co-ordinators S

(1) The function of a prison monitoring co-ordinator is to ensure the effective monitoring of each prison to which the prison monitoring co-ordinator is assigned.

(2) In pursuance of that function, a prison monitoring co-ordinator must—

(a) appoint independent prison monitors in such numbers as the Chief Inspector considers appropriate,

(b) assign each independent prison monitor to a prison to which the prison monitoring co-ordinator is assigned,

(c) arrange for each independent prison monitor to visit the prison—

(i) in accordance with a rota of visits prepared by the prison monitoring co-ordinator and agreed between the prison monitoring co-ordinator, the independent prison monitors assigned to the prison and the governor of the prison, and

(ii) at such other times, without appointment with the governor of the prison, as may be agreed between the prison monitoring co-ordinator and the independent prison monitor,

(d) arrange for specific matters in relation to a prison, which have been referred to the prison monitoring co-ordinator by the Chief Inspector, to be investigated by one or more independent prison monitors assigned to the prison,

(e) provide such support to independent prison monitors appointed by the prison monitoring co-ordinator as the prison monitoring co-ordinator considers appropriate to assist those independent prison monitors in carrying out their duties under section 7D,

(f) arrange such training for independent prison monitors appointed by the prison monitoring co-ordinator as the prison monitoring co-ordinator considers appropriate,

(g) arrange a meeting with independent prison monitors assigned to a prison at least once every six months at which no fewer than two thirds of all independent prison monitors assigned to that prison must be in attendance,

(h) evaluate the performance of each independent prison monitor appointed by the prison monitoring co-ordinator,

(i) visit each prison to which the prison monitoring co-ordinator is assigned as instructed by the Chief Inspector, and

(j) maintain a record of the date and time of each visit to a prison in accordance with paragraph (i) and the matters considered during each visit.

(3) The rota prepared by the prison monitoring co-ordinator under subsection (2)(c)—

(a) must provide for at least one independent prison monitor to visit the prison at least once every week, and

(b) may provide for independent prison monitors to visit the prison in groups or individually.

(4) In exercising the prison monitoring co-ordinator’s functions, the prison monitoring co-ordinator must—

(a) comply with any instructions issued by the Chief Inspector under section 7(2)(e), and

(b) have regard to any guidance published by the Chief Inspector under section 7(2)(f).

(5) For the purpose of exercising any of the prison monitoring co-ordinator’s functions, a prison monitoring co-ordinator may, without prior notice—

(a) visit any prison, and access any part of a prison, to which the prison monitoring co-ordinator is assigned,

(b) speak in private with any independent prison monitor, prisoner, visitor, prison officer or other person working at the prison, who agrees to speak to the prison monitoring co-ordinator, or

(c) examine any prison records, other than—

(i) personnel records, or

(ii) any documents containing information, the disclosure of which would, in the opinion of the governor of the prison, have implications for the security of the prison.

(6) A prison monitoring co-ordinator must report to the Chief Inspector—

(a) in relation to any specific matters investigated by independent prison monitors in pursuance of arrangements made by the prison monitoring co-ordinator under subsection (2)(d),

(b) annually in relation to—

(i) the monitoring of each prison to which the prison monitoring co-ordinator is assigned, and

(ii) the conditions, and the treatment of prisoners, in each prison to which the prison monitoring co-ordinator is assigned, and

(c) otherwise in relation to such matters as the Chief Inspector may require.

(7) In relation to a report made under subsection (6)(b)—

(a) the report is to be in such form and made by such date as the Chief Inspector may direct, and

(b) different forms and different dates may be directed in relation to reports made under subsection (6)(b)(i) and (ii).

(8) A prison monitoring co-ordinator may notify the governor of a prison to which the prison monitoring co-ordinator is assigned, and the Chief Inspector, of any matter relating to the prison, or prisoners detained in the prison, which the prison monitoring co-ordinator considers appropriate.

(9) The Scottish Ministers are to pay prison monitoring co-ordinators such salary and allowances as the Scottish Ministers consider appropriate.]

Textual Amendments

F1 Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)