The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Rule 113

SCHEDULE 1 BREACHES OF DISCIPLINE

A prisoner shall be guilty of a breach of discipline if he or she–

(a) commits any assault;

(b) detains any person against his or her will;

(c) denies access to any part of the prison to any officer or any person (other than a prisoner) who is at the prison for the purpose of working there;

(d) fights with any person;

(e) intentionally endangers the health or personal safety of others or, by his or her conduct, is reckless whereby such health or personal safety is endangered.

(f) intentionally obstructs an officer in the execution of his or her duty or any person (other than a prisoner), who is at the prison for the purpose of working there, in the performance of his or her work;

(g) escapes or absconds from prison or from legal custody;

(h) fails–

(i) to return to prison when he or she should return after being temporarily released under Part 15 of these Rules; or

(ii) to comply with any condition upon which he or she is so temporarily released;

(i) have–

(i) in his or her possession, or concealed about his or her body or in any body orifice, any article or substance which he or she is not authorised to have or a greater quantity of any article or substance than he or she is authorised to have; or

(ii) in his or her possession whilst in a particular part of the prison any article or substance which he or she is not authorised to have when in that part of the prison;

(j) sells or delivers to any person any article which he or she is not authorised to have;

(k) sells or, without permission, delivers to any person any article which he or she is allowed to have only for his or her own use;

(l) takes improperly any article belonging to another person or to the prison;

(m) intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him or her;

(n) destroys or damages any part of a prison or any other property, other than his or her own;

(o) absents his or herself from any place where he or she is required to be or is present at any place where he or she is not authorised to be;

(p) is disrespectful to any officer, or any person (other than a prisoner) who is at the prison for the purpose of working there, or any person visiting a prison;

(q) uses threatening, abusive or insulting words or behaviour;

(r) intentionally fails to work properly or, being required to work, refuses to do so;

(s) disobeys any lawful order;

(t) disobeys or fails to comply with any rule, direction or regulation applying to a prisoner;

(u) inhales any substance, or the fumes of any substance, which is–

(i) a prohibited article;

(ii) an article which he or she is not authorised to possess or keep in terms of these Rules or by any officer; or

(iii) an article which he or she is so authorised to keep or possess but not for the purpose of inhaling or inhaling the fumes thereof;

(v) smokes in an area of a prison where smoking is not permitted by virtue of rule 31;

(w) consumes, takes, injects, ingests or conceals inside a body orifice any substance which is a prohibited article;

(x) commits any indecent or obscene act;

(y) administers a controlled drug to him or herself or fails to prevent the administration of a controlled drug to him or herself by another person (but subject to rule 117(6));

(z) fails, without reasonable excuse, to open his or her mouth for the purpose of enabling a visual examination in terms of rule 106(2)(d); or

(aa) attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or to attempt to commit, any of the foregoing breaches;