The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Searching of persons providing contracted out services

104.—(1) Without prejudice to any power of search referred to in the Act, the Governor may order the carrying out of a search–

(a) of a person providing contracted out services to the prison;

(b) of any article of property belonging to that person which is in the person’s possession whilst in the prison, or which is kept by the person in a locker or any other place within the prison; and

(c) where that person is in charge of any vehicle which is to be taken into any area forming part of the premises of the prison, that vehicle.

(2) A search under paragraph (1) of any vehicle, clothing or other article or property belonging to that person which is being worn, or as the case may be, is otherwise in that person’s possession whilst in prison, or which is kept by the person in a locker or any other place within the prison, may, in addition to being carried out by hand, but subject to paragraphs (3) and (4), be carried out–

(a) by the use of equipment involving–

(i) the application of a suction device or a swab on or to such possessions in order to collect particles from their surface; and

(ii) the analysis of such particles for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(b) by the use of equipment designed to detect the existence of metal objects; and

(c) in accordance with any such procedures and conditions as may be specified in a direction by the Scottish Ministers.

(3) The power of search conferred by paragraph (1) shall–

(a) not be construed as authorising the Governor to require that person to remove any clothing other than an outer coat, jacket, headgear, footwear and gloves; and

(b) include power to use reasonable force where necessary.

(4) A search of a person providing contracted out services shall be carried out within the prison–

(a) by at least 2 officers who shall be of the same sex as the person being searched;

(b) outwith the sight of any other person; and

(c) as expeditiously and decently as possible.