The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Breaches of discipline involving the use of controlled drugs

117.—(1) If a prisoner is charged with a breach of discipline by contravening paragraph 27 of Schedule 1 in circumstances where—

(a) the prisoner has been transferred to the prison (“the receiving prison”) from another prison;

(b) the controlled drug specified in the relevant charge may have been administered to the prisoner before reception in the receiving prison; but

(c) the prisoner was detained in a prison throughout the period during which the drug might have been administered,

the Governor of the receiving prison may deal with that matter as if the breach of discipline occurred within the receiving prison.

(2) Where an untried prisoner—

(a) provides a sample in accordance with rule 93;

(b) is alleged to have committed a breach of discipline by contravening paragraph 27 of Schedule 1;

(c) has been detained in a prison throughout the period during which the drug might have been administered; and

(d) is convicted and sentenced to imprisonment following the provision of the sample,

the Governor of the prison to which the prisoner is committed following conviction may deal with that matter as if the breach of discipline occurred within that prison.

(3) It is a defence for a prisoner charged with a breach of discipline by contravening paragraph 27 of Schedule 1 to show that—

(a) the controlled drug had been, prior to its administration, lawfully in the prisoner’s possession for the prisoner’s use or was administered to the prisoner in the course of a lawful supply of the drug to the prisoner by another person;

(b) the controlled drug was administered by or to the prisoner in circumstances in which the prisoner did not know and had no reason to suspect that such a drug was being administered; or

(c) the controlled drug was administered by or to the prisoner under duress or to the prisoner without consent in circumstances where it was not reasonable for the prisoner to have resisted.