The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Reviews of imposition of special security measures

21.—(1) The Governor shall keep the imposition of special security measures under review, and shall formally review, at least once in every period of 6 months, whether the continued imposition of the special security measures continues to be necessary for either of the purposes in rule 20(1)(a) and (b).

(2) If, in formally reviewing the continued imposition of special security measures, the Governor is minded to continue to impose these measures on a prisoner then the Governor shall–

(a) provide the prisoner with a written notice stating–

(i) the measures that the Governor is minded to continue to impose;

(ii) the reasons why they are to be continued; and

(iii) the procedure by which the prisoner may make written representations in relation to the continued imposition of the special security measures; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in considering the matter.

(3) If the Governor is of the opinion that any document or other information of which the Governor was aware and to which he or she has had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 18(3), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

(4) In a case to which paragraph (2) applies, the Governor shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the continued imposition of special security measures; and

(b) if special security measures continue to be imposed, provide the prisoner with a written statement of reasons for this decision.

(5) The Scottish Ministers may make a direction for the purposes of prescribing–

(a) the procedure in terms of which notices may be provided to a prisoner, and representations may be made, under rules 19, 20 and this rule;

(b) the form in which any such notice or representations may be provided or made; and

(c) the time limits within which the procedure mentioned in rules 19, 20 and this rule may be carried out.