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The Prisons and Young Offenders Institutions (Scotland) Rules 2006

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Complaints to the residential officer

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123.—(1) A prisoner who desires to make a complaint concerning any matter, other than a matter to which rules 121, 122, 127, 128, 129 and 130 apply, may do so subject to and in accordance with the following provisions of this rule.

(2) Subject to paragraph (3), such a complaint–

(a)may be made orally or in writing; but

(b)shall be made by the prisoner to the residential officer in the first instance.

(3) If the prisoner intends to make a complaint against any officer or employee the complaint must be made in writing.

(4) If a prisoner requires assistance with the making of the written complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(5) Subject to paragraph (6), the residential officer shall give a reply to the prisoner within 24 hours of receiving the complaint and shall give a written reply to any complaint which was made in writing.

(6) If the residential officer is unable to reply within the period specified in paragraph (5), that officer shall inform the prisoner within that period of the timescale within which the reply will be given and shall thereafter give a written reply as soon as reasonably practicable.

(7) This rule does not affect any right of a prisoner to make any complaint at any time to any person or body other than the Scottish Ministers and any officer of the prison.

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