The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996

Amendment of rule 98 of the principal Rules

25.  Rule 98 of the principal Rules (adjudication of charges) is amended by the insertion after paragraph (4) of the following paragraph:—

(5) It shall be a defence for a prisoner charged with a breach of discipline contrary to paragraph (x) of Schedule 3 to show that—

(a)the controlled drug had been, prior to its administration, lawfully in his possession for his use or was administered to him in the course of a lawful supply of the drug to him by another person;

(b)the controlled drug was administered by or to him in circumstances in which he did not know and had no reason to suspect that such a drug was being administered; or

(c)the controlled drug was administered by or to him under duress or to him without his consent in circumstances where it was not reasonable for him to have resisted..