2000 No. 187
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2000
Made
Laid before the Scottish Parliament
Coming into force in accordance with rule 1(2)
The Scottish Ministers, in exercise of the powers conferred upon them by section 39 of the Prisons (Scotland) Act 19891 and of all other powers enabling them in that behalf, hereby make the following Rules:
Citation, commencement and interpretation1
1
These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2000.
2
These Rules shall come into force on 7th July 2000 except for rule 22(2) which shall come into force on 28th July 2000.
3
In these Rules, a reference to “the principal Rules” is a reference to the Prisons and Young Offenders Institutions (Scotland) Rules 19942.
Amendment of rule 3 of the principal Rules2
1
Rule 3 of the principal Rules (interpretation)3 is amended in accordance with the following paragraphs of this rule.
2
In paragraph (1), in the definition of “appellant”—
a
in paragraph (b), for the words “section 263(1) of the Criminal Procedure (Scotland) Act 1975 or section 124(3) of the said Act of 1995” there are substituted the words “section 124(3) of the Criminal Procedure (Scotland) Act 19954 or by the Scottish Criminal Cases Review Commission pursuant to section 194B(1) of the Criminal Procedure (Scotland) Act 19955;”; and
b
in sub-paragraph (iii) after the words “Secretary of State” there are inserted the words “or, as the case may be, the Scottish Criminal Cases Review Commission”.
3
In paragraph (1), in the definition of “Governor” in sub-paragraph (b) after the words “13 to 16” there are inserted the words “and, unless otherwise expressly provided for, in directions made under rules 51(3)(b), 52(2), 54(2), 63(3) and 74”.
Amendment of rule 18 of the principal Rules3
1
Rule 18 of the principal Rules (entitlement of a prisoner to wear his own clothing)6 is amended in accordance with the following paragraphs of this rule.
2
In the heading, for the words “a prisoner”, there are substituted the words “an untried prisoner”.
3
For paragraph (1) there is substituted the following paragraph:—
1
Subject to paragraph (2), every untried prisoner may wear his own clothing in prison and on those occasions when he is required or permitted to be outside the prison.
4
In paragraph (2), for the words “Paragraph (1) does not apply to a prisoner where-” there are substituted the words “Paragraph (1) does not apply to an untried prisoner where-”.
5
For paragraph (3) there is substituted the following paragraph:—
3
Where the Scottish Ministers consider, in relation to any prison to which these Rules apply, that it is not appropriate to permit untried prisoners, or particular categories of untried prisoner, to wear their own clothing in that prison, they may specify in a direction that paragraph (1) shall not apply in relation to any untried prisoner, or any category of untried prisoner, in that prison.
Insertion of new rule 18A into the principal Rules4
After rule 18 of the principal Rules (entitlement of an untried prisoner to wear his own clothing) there is inserted the following rule:—
Circumstances in which a prisoner other than an untried prisoner may wear his own clothing18A
1
The Governor may permit a prisoner other than an untried prisoner to wear his own clothing in prison and on those occasions when he is required or permitted to be outside the prison.
2
In considering whether or not to exercise his discretion in accordance with paragraph (1) above, the Governor shall take into account the matters set out in sub-paragraphs (a) to (d) of rule 18(2) as well as any other matters that appear to him to be relevant.
3
A permission given by the Governor may be withdrawn at any time if the Governor considers it appropriate.
Amendment of rule 19 of the principal Rules5
1
Rule 19 of the principal Rules (provision of clothing to prisoners)7 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (1), after the words “rule 18”, there are inserted the words “or rule 18A”.
Amendment of rule 49 of the principal Rules6
1
Rule 49 of the principal Rules (opening and reading of correspondence from and to courts)8 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (7), for the word “and”, there are substituted the words “, the Scottish Criminal Cases Review Commission and”.
Amendment of rule 62A of the principal Rules7
1
Rule 62A of the principal Rules (visits by Members of Parliament)9 is amended in accordance with the following paragraphs of this rule.
2
In the heading there are inserted at the end the words “, members of the Scottish Parliament, and representatives of the European Parliament”.
3
In paragraphs (1), (2) and (3), after the words “a member of Parliament”, there are inserted the words “, a member of the Scottish Parliament”.
4
In paragraph (2)(b), after the words “the member of Parliament,” there are inserted the words “member of the Scottish Parliament,”.
Insertion of new rule 62DD into the principal Rules8
After rule 62D of the principal Rules (visits by members of the Parole Board for Scotland)10 there is inserted the following rule:—
Visits by members or employees of the Scottish Criminal Cases Review Commission62DD
1
A prisoner may receive a visit from one or two members or employees of the Scottish Criminal Cases Review Commission for the purpose of assisting the Commission in the exercise of any of its functions.
2
Where a prisoner receives a visit in terms of this rule —
a
the visit shall take place within the sight of an officer; but
b
shall take place outwith the hearing of any officer unless the member or employee of the Commission or the prisoner otherwise requests.
Amendment of rule 70 of the principal Rules9
1
Rule 70 of the principal Rules (work opportunities) is amended in accordance with paragraph (2) of this rule.
2
In paragraph (2)—
a
the word “and” at the end of sub-paragraph (a) is omitted; and
b
after paragraph (b) there are inserted the words
; and
c
voluntary work outside the prison.
Amendment of rule 80 of the principal Rules10
1
Rule 80 of the principal Rules (removal from association) is amended in accordance with the following paragraphs of this rule.
2
In paragraph (5) for the words “without the written authority of the Secretary of State”, there are substituted the words “, except where the Scottish Ministers have granted written authority on the application of the Governor, prior to the expiry of the said period of 72 hours”.
3
For paragraph (6) there is substituted the following paragraph:—
6
An authority granted by the Scottish Ministers under paragraph (5) shall have effect for a period of one month commencing from the expiry of the period of 72 hours mentioned in paragraph (5) but the Scottish Ministers may, on any subsequent application of the Governor, renew the authority for further periods of one month commencing from the expiry of the previous authority.
4
After paragraph (8) there is inserted the following paragraph:—
8A
The Governor may allow a prisoner who has been removed from association under this rule to associate with other prisoners who have been removed from association under this rule, for the purpose of engaging or taking part in a prescribed activity.
Amendment of rule 85A of the principal rules11
1
Rule 85A of the principal Rules (temporary confinement to cell)11 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (2), for the words “half an” there is substituted the word “one”.
Amendment of rule 91 of the principal Rules12
1
Rule 91 of the principal Rules (special escorted leave)12 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (3)(c)(ii) the words “a life prisoner” are omitted.
Amendment of rule 95 of the principal rules13
1
Rule 95 of the principal Rules (reports of breaches of discipline and removal from association)13 is amended in accordance with the following paragraphs of this rule.
2
In paragraph (3), for the words “the written authority of the Scottish Ministers”, there are substituted the words “, on the application of the Governor, the written authority of the Scottish Ministers has been obtained prior to the expiry of the 72 hour period”.
3
In paragraph (4), for sub-paragraph (a), there is substituted the following sub-paragraph:—
a
have effect for a period of one month commencing from the expiry of the said period of 72 hours but the Scottish Ministers may, on any subsequent application of the Governor, renew the authority for further periods of one month commencing from the expiry of the previous authority.
4
After paragraph (4) there is inserted the following paragraph:—
5
Where a prisoner has been removed from association under this rule, a medical officer shall visit that prisoner as soon as practicable and thereafter as often as is necessary but at least once in every 7 days.
Amendment of rule 100 of the principal Rules14
1
Rule 100 of the principal Rules (Governor’s punishments)14 is amended in accordance with paragraph (2) of this rule.
2
In rule 100(1)(g), for the words “a prisoner”, there are substituted the words “an untried prisoner”.
Amendment of rule 100A of the principal Rules15
1
Rule 100A of the principal Rules (awards of additional days)15 is amended in accordance with the following paragraphs of this rule.
2
In paragraph (6), after the words “total awarded”, there are inserted the words “at the inquiry”.
3
After paragraph (8) there is inserted the following paragraph:—
9
Where an award or awards of additional days have effect by virtue of paragraph (8) and the award or the aggregate of the awards exceeds one-sixth of the prisoner’s sentence, the award or the aggregate shall be deemed to be one-sixth of the prisoner’s sentence.
Amendment of rule 120 of the principal Rules16
1
Rule 120 of the principal Rules (short home leave and Christmas and summer leave)16 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (3)(a), after the words “particular hall”, there are inserted the words “or part”.
Amendment of rule 120A of the principal Rules17
1
Rule 120A of the principal Rules (local leave)17 is amended in accordance with paragraph (2) of this Rule.
2
In paragraph (3)(a), after the words “particular hall”, there are inserted the words “or part”.
Amendment of rule 121 of the principal Rules18
1
Rule 121 of the principal Rules (long home leave)18 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (3)(a), after the words “particular hall”, there are inserted the words “or part”.
Amendment of rule 123A of the principal Rules19
1
Rule 123A of the principal Rules (temporary release for work or educational placements or attendance at medical facilities)19 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (1)—
a
the word “or” at the end of sub-paragraph (b) is omitted; and
b
after sub-paragraph (b) there is inserted the following sub-paragraph:—
bb
to undertake unescorted voluntary work outside the prison in terms of rule 70; or
Amendment of rule 126 of the principal Rules20
1
Rule 126 of the principal rules (direction with respect to temporary release)20 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (a), after the words “halls within”, there are inserted the words “or parts of”.
Amendment of rule 141 of the principal Rules21
1
Rule 141 of the principal Rules (remission of sentence or period of detention)21 is amended in accordance with paragraph (2) of this rule.
2
In paragraph (1)(f)(ii), for the word “with”, there is substituted the word “within”.
Amendment of Schedule 4 to the principal Rules22
1
Schedule 4 to the principal Rules22 (constitution of visiting committees) is amended in accordance with the following paragraphs of this rule.
2
The entry relating to Dungavel is omitted.
3
For the entry relating to Perth there is substituted the following entry:—
PERTH
Perth and Kinross Council
10
4
Dundee City Council
5
2
4
The entries relating to Friarton, Longriggend and Penninghame are omitted.
Savings and transitional provisions23
1
In this rule—
“existing visiting committees” means the visiting committees for Longriggend, Penninghame and Dungavel prisons;
“the discontinuance date” means 7th July 2000 in the cases of Longriggend and Penninghame prisons and 28th July 2000 in the case of Dungavel prison; and
“the relevant date” means 9th October 2000 in the case of Longriggend and Penninghame prisons and 30th October 2000 in the case of Dungavel prison.
2
Notwithstanding the amendments made by rule 22 above, the provisions of rule 133(1) to (4) of, and Schedule 4 to, the principal Rules, as in force immediately before the discontinuance date, shall continue to have effect until the relevant date in relation to the existing visiting committees for the purposes set out in paragraphs (4) and (5) below and accordingly until the relevant date—
a
the existing visiting committees shall continue to exist;
b
each of the members of the existing visiting committees shall (unless he otherwise ceases to hold office) remain in office;
c
the chairman and deputy chairman of, and the clerk to, each of the existing visiting committees shall (unless he otherwise ceases to hold his appointment) continue to hold his appointment; and
d
so far as relating to any of the existing visiting committees and to a member thereof, references in Part 16 of the principal Rules to a visiting committee or a member of a visiting committee shall be construed as references to an existing visiting committee or a member thereof.
3
Where before the discontinuance date—
a
any of the existing visiting committees has undertaken any inquiry in terms of rule 135(2)(a) of the principal Rules in relation to the condition of any prisoner and has not concluded that inquiry and made a report in relation to it by the discontinuance date;
b
any of the existing visiting committees has received a complaint by a prisoner in terms of rule 136(1) of the principal Rules and has not concluded its hearing and investigation of the complaint by the discontinuance date; or
c
a member of any of the existing visiting committees has received a complaint by a prisoner in terms of rule 136(1) of the principal Rules and has not concluded his hearing and investigation of the complaint by the discontinuance date,
the visiting committee for the prison that the prisoner is detained in on the discontinuance date shall deal with the inquiry, hearing or investigation, as the case may be, as if that committee had been asked to make the inquiry and report or had received the complaint from the prisoner and shall conclude that inquiry, hearing or investigation whether or not the prisoner is subsequently transferred to another prison.
4
The minute book and any other documents held by or on behalf of any of the existing visiting committees shall transfer to the Scottish Ministers on the discontinuance date and the chairman of the existing visiting committees shall make such arrangements as are necessary to ensure that the minute book and any such documents are delivered to the Scottish Ministers before the relevant date.
5
Before the relevant date, each of the existing visiting committees shall—
a
so far as reasonably practicable, make, or conclude the making of the annual report for the relevant prison in respect of the period of 12 months ending on 31st March 2000 and shall deliver that report to the Scottish Ministers; and
b
in the case of the existing visiting committees for Longriggend and Dungavel, make a report to the Scottish Ministers on the matters specified in rule 139(1) and any other matters that appear to it to be relevant in respect of the period from 1st April 2000 until the date of discontinuance, and deliver that report to the Scottish Ministers.
(This note is not part of the Rules)