Prisons (Scotland) Act 1989

Miscellaneous

33 Duties of governor of prison

The governor of a prison shall—

(a) as far as practicable, visit the whole of the prison and see every prisoner at least once in every 24 hours, and, in default of such daily visits, state in his journal the extent of and the reason for such default;

(b) as soon as practicable draw the attention of the medical officer to any prisoner whose state of mind or body appears to require attention and carry into effect the written directions of the medical officer as to alterations in the discipline or treatment of such prisoner;

(c) notify the medical officer without delay of the illness of any prisoner, and deliver to him daily a list of prisoners complaining of illness;

(d) deliver to the chaplain and to the medical officer lists of prisoners confined to their cells; and

(e) keep records regarding the commitment to and liberation from the prison of prisoners committed thereto in pursuance of criminal warrants and when so required exhibit such records to the sheriff within whose jurisdiction the prison is situated.

34 Notification of and inquiry into death of prisoner

The governor of a prison shall, in the event of the death of a prisoner, give immediate notice thereof to the procurator fiscal within whose area the prison is situated, and to the visiting committee, and, where practicable, to the nearest relative of the prisoner.

35 Return of warrants for or sentences of imprisonment

Where a warrant for imprisonment is granted or a sentence of imprisonment is pronounced by any court, a return thereof shall be made by the clerk of the court to the Secretary of State at such time and in such form as he may determine.

36 Legal estate in prison

The legal estate in every prison and in all heritable or moveable property belonging to a prison shall be vested in the Secretary of State and may be disposed of in such manner as the Secretary of State, with the consent of the Treasury, may determine.

37 Discontinuance of prison

(1) The Secretary of State may by order discontinue any prison, and any prison so discontinued shall be sold or otherwise disposed of as the Secretary of State, with the consent of the Treasury, may direct.

(2) For the purposes of this section a prison shall not be deemed to be discontinued by reason only of its appropriation for use as a remand centre or young offenders institution.

38 Acquisition of land for prisons

(1) The Secretary of State may purchase by agreement, or compulsorily, any land required for the alteration, enlargement or rebuilding of a prison or for building or establishing a new prison or for any other purpose connected with the management of a prison (including the provision of accommodation for officers or servants employed therein).

(2) For the purpose of the compulsory purchase of land by the Secretary of State under the foregoing subsection, the [1947 c. 42.] Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply as if section 1(1)(d) (which refers to the compulsory purchase of land by the Secretary of State under the [1972 c. 58.] National Health Service (Scotland) Act 1972) included a reference to the foregoing subsection.

(3) In relation to the purchase of land by agreement under this section, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 (sale of superfluous lands) of the [1845 c. 19.] Lands Clauses Consolidation (Scotland) Act 1845) shall be incorporated with this section, and in construing those Acts as so incorporated this section shall be deemed to be the special Act and references to the promoters of the undertaking shall be construed as references to the Secretary of State.

39 Rules for the management of prisons and other institutions

(1) The Secretary of State may make rules for the regulation and management of prisons, remand centres and young offenders institutions respectively, and for the classification, treatment, employment, discipline and control of persons required to be detained therein.

(2) Rules made under this section shall make provision for ensuring that a person who is charged with any offence under the rules shall be given a proper opportunity of presenting his case.

(3) Rules made under this section may provide for the training of particular classes of persons and their allocation for that purpose to any prison or other institution in which they may lawfully be detained.

(4) Rules made under this section may provide for the appointment of a convenient prison or prisons—

(a) in which prisoners are to be confined before and during trial, or at either of such times;

(b) in which particular classes of prisoners may be confined;

(c) in which civil prisoners may be confined during the period of their imprisonment.

(5) Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say—

(a) any appellant within the meaning of section 279 of the 1975 Act pending the determination of his appeal;

(b) any other person detained in a prison, not being a person serving a sentence imposed on conviction of an offence.

(6) Rules made under this section may provide for the temporary release of persons serving a sentence of imprisonment or detention.

40 Persons unlawfully at large

(1) Any person who, having been sentenced to imprisonment or to detention in a young offenders institution, or having been committed to a prison or remand centre, is unlawfully at large may be arrested by a constable or prison officer without warrant and taken to the place in which he is required in accordance with law to be detained.

(2) Where any person sentenced to imprisonment or to detention in a young offenders institution is, at any time during the period for which he is liable to be detained in pursuance of the sentence, absent, otherwise than with lawful authority, from the prison or young offenders institution, as the case may be, then, unless the Secretary of State otherwise directs, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time during which he is so absent:

Provided that this subsection shall not apply to any period during which any such person as aforesaid is detained in pursuance of an order of any court in the United Kingdom in a prison, young offenders institution or remand centre.

(3) Without prejudice to section 69(2) of the [1967 c. 80.] Criminal Justice Act 1967, in subsection (2) above references to a prison shall be construed as including references to a place which is the subject of a direction of the Secretary of State under section 206 of the 1975 Act (detention of children convicted on indictment).

(4) For the purposes of this section, a person who, after being temporarily released in pursuance of rules made under section 39(6) of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the Secretary of State in pursuance of the rules.

41 Unlawful introduction of tobacco, etc., into prison

(1) Any person who brings, or introduces or attempts by any means to bring or introduce, into a prison any letter, tobacco, spirits or other article not allowed by rules made under section 39 of this Act shall be guilty of an offence and shall be liable on conviction by a court of summary jurisdiction to a fine not exceeding level 3 on the standard scale or to imprisonment for any period not exceeding 30 days.

(2) For the purposes of the foregoing subsection a person shall be deemed to introduce an article into a prison if he conveys it to a prisoner outside the prison or places it anywhere outside the prison with intent that it shall come into the possession of a prisoner.

(3) It shall be lawful for any officer of the prison to apprehend an offender against this section.

42 Exercise of power to make rules, etc

(1) Any power of the Secretary of State to make rules or regulations under this Act, and the power of the Secretary of State to make an order under section 22(2), 30(6) or (7), 32(5) or 37(1) of this Act, shall be exercisable by statutory instrument.

(2) Any statutory instrument containing regulations made under section 12 or an order made under section 37(1) of this Act and the draft of any statutory instrument containing rules made under section 39 of this Act shall be laid before Parliament.

(3) Any rule made under section 18(3) or (5) of this Act or any statutory instrument containing an order under section 30(6) or (7) or 32(5) of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order shall not be made under section 22(2) of this Act unless a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.

43 Interpretation

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them—

• “the 1975 Act” means the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

• “court” does not include a court-martial;

• “criminal prisoner” means a person committed to prison in respect of a charge or conviction of a criminal offence and “civil prisoner” includes any other prisoner;

• “local review committee” has the same meaning as in section 18(5) of this Act;

• “Parole Board” means the Parole Board for Scotland;

• “prison” includes any prison other than a naval, military or air force prison;

• “prisoner” means a person committed for trial, safe custody, punishment or otherwise; and

• “sentence of imprisonment” does not include a committal in default of payment of any sum of money or for failure to do or abstain from doing anything required to be done or left undone.

(2) For the purposes of any reference, however expressed, in this Act (other than in section 25) to the term of imprisonment or other detention to which a person has been sentenced or which, or part of which, he has served, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(3) Any reference in this Act, however expressed, to a previous conviction or sentence shall be construed as a reference to a previous conviction by a court in any part of Great Britain and to a previous sentence passed by any such court.

(4) Any reference in this Act to an offence punishable with imprisonment shall be construed, in relation to any offender, without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of offenders of his age.

(5) References, however expressed, in this Act (other than in section 30) to imprisonment shall, so far as those provisions apply to institutions provided under section 19 of this Act, be construed as including detention in those institutions.

(6) For the purpose of this Act the maintenance of a prisoner shall include all necessary expenses incurred in respect of the prisoner for food, clothing, custody and removal from one place to another from the period from the date of the order for his committal to prison until his death or discharge from prison.

(7) Where the age of any person at any time is material for the purposes of any provision of this Act regulating the powers of a court, his age at the material time shall be deemed to be or to have been that which appears to the court, after considering any available evidence, to be or to have been his age at that time.

44 Expenses

All expenses incurred in the maintenance of prisons and prisoners and all other expenses of the Secretary of State under this Act shall be defrayed out of moneys provided by Parliament.

45 Amendments and repeals

(1) The enactments mentioned in Schedule 2 to this Act shall have effect subject to the amendments specified therein, being amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

46 Short title, commencement and extent

(1) This Act may be cited as the Prisons (Scotland) Act 1989.

(2) This Act shall come into force at the end of the period of three months beginning with the date on which it is passed.

(3) This Act shall extend to Scotland only.