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

Substitution of rule 112 of the principal Rules

37.  For rule 112 of the principal Rules there is substituted the following rule:—

“Requests for restoration of forfeited remission or rescinding awards of additional days

112.— (1) Without prejudice to rule 111(1), if a prisoner who is serving a sentence of imprisonment for a term of more than 3 months desires to make a request for the—

(a) remission or mitigation of any award of additional days which has been made in terms of rule 100(1)(e); or

(b) restoration of any remission of sentence which has been forfeited in terms of rule 100(1)(f),

he may make that request in writing directly to the Governor.

(2) The Governor shall not consider any such request as mentioned in paragraph (1) unless the relevant period has elapsed; and in this rule “the relevant period” means the period which in the Governor’s opinion represents a sufficiently large proportion of the balance of the prisoner’s sentence remaining to be served after the date on which the relevant punishment was imposed.

(3) Where, at the expiry of the relevant period mentioned in paragraph (2), the Governor is of the opinion that—

(a) the prisoner’s conduct has been exemplary throughout that period; or

(b) the prisoner has at any time during that period demonstrated particularly meritorious conduct which, by itself, might justify the grant of the prisoner’s request,

the Governor may grant the request either in whole or in part.

(4) The Governor shall inform the prisoner of his decision in writing within 7 days of the date on which the relevant period mentioned in paragraph (2) has elapsed or, if the request was made at any time after that date, within 7 days of the date on which it was made.

(5) Where the Governor has refused a request made in terms of paragraph (1) or has granted the request only in part, the prisoner may, if he is dissatisfied with that decision, complain to the Governor.

(6) The Governor shall consider the complaint within 7 days of the date on which it was made except where it is not reasonably practicable for him to do so.

(7) The Governor shall inform the prisoner of his decision in relation to the complaint in writing.

(8) Where the Governor has—

(a) refused a request made in terms of paragraph (1) or has granted the request only in part; and

(b) decided not to review that decision following a complaint made in terms of paragraph (5) or, in considering the complaint, has decided to grant the original request only in part,

the prisoner may make a further request in terms of paragraph (1).

(9) The Governor may at any time, irrespective of whether any request is made by a prisoner, review any decision under paragraph (3) in which he refused the prisoner’s request or granted the request only in part.”.