Prisons (Scotland) Act 1989

[F1 7D. The functions of independent prison monitors S

(1) An independent prison monitor must, in relation to the prison to which the independent prison monitor is assigned—

(a) visit the prison in accordance with arrangements made under section 7B(2)(c),

(b) monitor the conditions in the prison and the treatment of prisoners,

(c) monitor the arrangements operated by the prison for the temporary release of prisoners in accordance with rules made under section 39,

(d) investigate specific matters which have been referred to the independent prison monitor by the prison monitoring co-ordinator,

(e) notify the governor of the prison and the prison monitoring co-ordinator of any matters relating to the conditions in the prison or the treatment of prisoners which the independent prison monitor considers appropriate,

(f) where, in the opinion of the independent prison monitor, a matter notified to the governor of the prison under paragraph (e) has not been remedied to the satisfaction of the independent prison monitor, inform the governor and the prison monitoring co-ordinator, and

(g) maintain a record of the date and time of each visit to the prison and the matters considered during each visit.

(2) Without prejudice to the duty in subsection (1)(a), an independent prison monitor may also visit the prison without prior notice at such times as the independent prison monitor considers necessary.

(3) An independent prison monitor may investigate any matter referred to the independent prison monitor by a prisoner.

(4) Rules made under section 39 may make provision for assistance to be provided by independent prison monitors to prisoners in any complaints process provided for under those rules.

(5) In exercising the independent prison monitor’s functions, an independent prison monitor must—

(a) comply with any instructions issued by the prison monitoring co-ordinator,

(b) attend all training arranged by the prison monitoring co-ordinator under section 7B(2)(f), and

(c) have regard to any guidance on the monitoring of prisons published by the Chief Inspector under section 7(2)(f).

(6) For the purpose of exercising any of the independent prison monitor’s functions, an independent prison monitor may, without prior notice—

(a) visit any prison, and access any part of a prison, to which the independent prison monitor is assigned,

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

(7) An independent prison monitor must report to the prison monitoring co-ordinator—

(a) in relation to any specific matters investigated by the independent prison monitor under subsection (1)(d), and

(b) otherwise in relation to such matters, and in such form and manner, as the prison monitoring co-ordinator may instruct.

(8) The Scottish Ministers may pay each independent prison monitor such sums in respect of travel and subsistence expenses as the Scottish Ministers consider appropriate.

(9) References in this section to “the prison monitoring co-ordinator” are references to the prison monitoring co-ordinator assigned to the prison in question.]

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)