The Prisons and Young Offenders Institutions (Scotland) Rules 2006

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation and commencement

   2. 2. Application of Rules

   3. 3. Application of Rules to contracted out prisons

   4. 4. Suspension of certificate of a prisoner custody officer

   5. 5. Interpretation

   6. 6. Elimination of discrimination

   7. 7. Availability of Rules and directions

3. PART 2 RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION

   1. 8. Production of warrant, order, direction or certificate

   2. 9. Procedure on reception of prisoners

   3. 10. Interview and medical examination of prisoners on reception

   4. 11. Information to be given to prisoners on reception

   5. 12. Registration and records of prisoners

   6. 13. Classification of prisoners

   7. 14. Allocation of prisoners

   8. 15. Separation of different categories of prisoners

4. PART 3 SUPERVISION LEVELS

   1. 16. Supervision levels

   2. 17. Assignment of supervision levels

   3. 18. Information regarding assignment of a supervision level

   4. 19. Right to make representations prior to certain reviews of supervision level

   5. 20. Imposition of special security measures

   6. 21. Reviews of imposition of special security measures

5. PART 4 PHYSICAL AND PERSONAL ENVIRONMENT

   1. 22. Accommodation of prisoners in cells and rooms

   2. 23. Standard of accommodation

   3. 24. Provision of bedding

   4. 25. Entitlement of an untried prisoner to wear his or her own clothing

   5. 26. Circumstances in which a prisoner other than an untried prisoner may wear his or her own clothing

   6. 27. Provision of clothing to prisoners

   7. 28. Changes of clothing

   8. 29. Prisoners' food

   9. 30. Personal hygiene

6. PART 5 HEALTH AND WELFARE

   1. 31. Smoking

   2. 32. Provision of medical and other services and facilities

   3. 33. General duty of medical officers to attend prisoners

   4. 34. Notification to a medical officer of prisoners requiring attention

   5. 35. Arrangements for care by other medical practitioners or other persons providing professional services or at outside facilities

   6. 36. Duty of medical officer to visit prisoners subject to cellular confinement

   7. 37. Duty of medical officer to notify certain matters

   8. 38. Notification of relatives and friends of prisoners suffering serious illness, etc

   9. 39. Transfer to hospital for treatment for mental disorder

   10. 40. Records of medical treatment

   11. 41. Prisoners' welfare

   12. 42. Visits to untried and civil prisoners by medical and dental practitioners

7. PART 6 RELIGION

   1. 43. Facilities for religious practice

   2. 44. Duties of members of the chaplaincy team

   3. 45. Visiting ministers

   4. 46. Religious services and visits

   5. 47. Religious books, items and practices

8. PART 7 PRIVILEGES AND PRISONERS' PROPERTY

   1. 48. Possession of tobacco by untried and civil prisoners

   2. 49. Privileges

   3. 50. Reception of personal property of prisoners

   4. 51. Storage or disposal of personal property of prisoners

   5. 52. Personal property of prisoners in rooms or cells

   6. 53. Prisoners' money

   7. 54. Supplies of books, newspapers, etc to prisoners

9. PART 8 COMMUNICATIONS

   1. 55. Current affairs

   2. 56. Prisoners' correspondence

   3. 57. Opening and reading of correspondence from and to courts

   4. 58. Opening and reading of correspondence from and to legal advisers

   5. 59. Opening and reading of other correspondence

   6. 60. Restrictions on prisoners' correspondence

   7. 61. Provision of writing materials and payment of postage

   8. 62. Communication by telephone

   9. 63. Visits by persons of a prisoner’s choice

   10. 64. Visits to untried and civil prisoners by persons of a prisoner’s choice

   11. 65. Entitlement to accumulated visits

   12. 66. Visits by legal advisers

   13. 67. Visits by procurators fiscal

   14. 68. Visits by police constables

   15. 69. Visits by representatives of diplomatic services and national or international authorities or organisations

   16. 70. Special visits to certain prisoners in connection with further proceedings

   17. 71. Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament

   18. 72. Visits by the Parliamentary Commissioner for Administration or Officers on the Commissioner’s behalf

   19. 73. Visits by journalists, authors or media representatives

   20. 74. Visits by members of the Parole Board for Scotland

   21. 75. Visits by members or employees of the Scottish Criminal Cases Review Commission

   22. 76. Visits by persons in connection with disciplinary proceedings

   23. 77. Restrictions and conditions applicable to visits under Part 8

   24. 78. Closed visiting facilities

   25. 79. Arrangements for securing release of prisoners committed to prison in default of payments

10. PART 9 WORK, EDUCATION, EARNINGS AND RECREATION

    1. 80. Application of Part 9

    2. 81. Arrangements for work, education and counselling

    3. 82. Prisoners' work

    4. 83. Conditions of work or activities in lieu of work

    5. 84. Work opportunities

    6. 85. Work undertaken by untried and civil prisoners

    7. 86. Education

    8. 87. Counselling

    9. 88. Earnings

    10. 89. Exercise and time in the open air

    11. 90. Recreation

    12. 91. Prohibition on prisoners' carrying on any trade, profession or vocation from prison

11. PART 10 SECURITY AND CONTROL

    1. 92. Supervision of the prison and control of prisoners

    2. 93. Control of prisoners

    3. 94. Removal from association

    4. 95. Prohibited articles

    5. 96. Unauthorised property

    6. 97. Orders as to the use of restraints

    7. 98. Conditions of use of restraints

    8. 99. Temporary confinement in a special cell

    9. 100. Temporary confinement to cell

    10. 101. Admission of visitors

    11. 102. Searching of visitors

    12. 103. Removal of visitors

    13. 104. Searching of persons providing contracted out services

    14. 105. Viewing of prisons

    15. 106. Searching of prisoners

    16. 107. Compulsory testing for controlled drugs

    17. 108. Compulsory testing for alcoholic liquor

    18. 109. Searching of prisoners' property and cells

    19. 110. Custody outside prison

    20. 111. Special escorted leave

    21. 112. Escorted day absence

12. PART 11 DISCIPLINE

    1. 113. Conduct constituting a breach of discipline

    2. 114. Reports of breaches of discipline and removal from association

    3. 115. Disciplinary charges

    4. 116. Inquiry into disciplinary charges

    5. 117. Adjudication of charges

    6. 118. Breaches of discipline occurring before reception into prison

    7. 119. Governor’s punishments

    8. 120. Suspended punishments

13. PART 12 REQUESTS AND COMPLAINTS

    1. 121. Requests to speak to an officer of the Scottish Ministers, a member of the visiting committee, a sheriff or a justice of the peace

    2. 122. Requests and complaints to the visiting committee

    3. 123. Complaints to the residential officer

    4. 124. Complaints to the residential unit manager

    5. 125. Referral of complaints to the internal complaints committee

    6. 126. Referral of complaints to the Governor

    7. 127. Complaints to the Governor in relation to confidential matters

    8. 128. Complaints concerning medical treatment

    9. 129. Requests, complaints and representations to the Scottish Ministers in relation to certain matters

    10. 130. Appeals in relation to disciplinary proceedings

    11. 131. Power of Scottish Ministers to quash findings of guilt and to remit or mitigate punishments

    12. 132. Direction with respect to complaints procedures

14. PART 13 FEMALE PRISONERS

    1. 133. Separation of male and female prisoners

    2. 134. Pregnancy and confinement

    3. 135. Accommodation of female prisoners' babies

15. PART 14 TRANSFER AND DISCHARGE OF PRISONERS

    1. 136. Pre-release preparation

    2. 137. Medical assessment prior to transfer or release

    3. 138. Provision of clothing and return of property on release of prisoner

    4. 139. Part payment of fines by fine defaulters

16. PART 15 TEMPORARY RELEASE

    1. 140. Short leave and winter and summer leave

    2. 141. Pre-release leave

    3. 142. Unescorted day release of prisoners assigned low supervision level

    4. 143. Unescorted day release of prisoners assigned low supervision level for compassionate reasons

    5. 144. Temporary release for work etc.

    6. 145. Unavailability of temporary release

    7. 146. Recall of prisoners granted temporary release

    8. 147. Direction with respect to temporary release

17. PART 16 OFFICERS AND EMPLOYEES

    1. 148. General duty of officers and employees

    2. 149. Transactions with prisoners or in connection with the prison

    3. 150. Fees and gratuities

    4. 151. Searches of officers and employees

    5. 152. Communications to the press etc.

    6. 153. Code of conduct

18. PART 17 VISITING COMMITTEES

    1. 154. Application of Part 17

    2. 155. Constitution of visiting committees

    3. 156. Minimum number of women members of visiting committees for young offenders institutions

    4. 157. Proceedings of visiting committees

    5. 158. General duties of visiting committees and members of committees

    6. 159. Investigation of complaints

    7. 160. Visits to prisons by members of visiting committees

    8. 161. Inspection of prison records

    9. 162. Annual report

    10. 163. Conflicts of interest

    11. 164. Visiting committees for legalised police cells

19. PART 18 SUPPLEMENTARY

    1. 165. Directions

    2. 166. Revocations

    3. 167. Savings and transitional provisions

20. Signature

21. 1. SCHEDULE 1

       BREACHES OF DISCIPLINE

    2. SCHEDULE 2

       CONSTITUTION OF VISITING COMMITTEES

    3. SCHEDULE 3

       CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

    4. SCHEDULE 4

       REVOCATIONS

    5. SCHEDULE 5

       SAVINGS AND TRANSITIONAL PROVISIONS

       1. 1. Savings and transitional provisions for the 1994 Rules

22. Explanatory Note