Referral of complaints to the Internal Complaints Committee
123.—(1) A prisoner who has made a complaint to the RFLM under rule 122 and is not satisfied with the response issued by the RFLM may refer the complaint to the internal complaints committee (“the ICC”).
(2) A referral to the ICC under paragraph (1) must be made in writing no later than 2 weeks after the RFLM response is provided to the prisoner.
(3) The Governor must appoint—
(a)at least 3 members to the ICC and at least 2 of them must be officers or employees; and
(b)a chair of the ICC who must be one of the officer or employee members.
(4) The ICC must, having regard to the time-limit contained in paragraph (9), hold a hearing into the complaint as soon as practicable following receipt of the referral from the prisoner.
(5) The prisoner making the referral under paragraph (1) may—
(a)attend the hearing and make representations to the ICC;
(b)be assisted at the hearing by—
(i)an officer or an employee, a member of the visiting committee, or any person who ordinarily works at the prison but who is not employed by the Scottish Ministers; or
(ii)where the chair of the ICC is satisfied that there are exceptional circumstances, another prisoner at the prison concerned;
(c)subject to paragraphs (6) and (7), call witnesses to give evidence in support of the complaint; and
(d)ask questions of any person giving evidence at the inquiry.
(6) If a prisoner making a referral under paragraph (1) intends—
(a)to be assisted by any person as mentioned in paragraph (5)(b); or
(b)to call witnesses to give evidence in support of the complaint,
the prisoner must, prior to the hearing, give written notice to the ICC of that intention and the reasons why the prisoner considers it necessary to do so.
(7) The chair of the ICC may refuse to allow a prisoner to call a particular witness if, having discussed the matter with the prisoner, the chair is reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in considering the complaint and, in that event, the chair must inform the prisoner concerned prior to the hearing.
(8) As soon as practicable following the hearing, but having regard to the time-limit contained in paragraph (9), the ICC must—
(a)consider and decide upon such recommendations as it sees fit in relation to the complaint; and
(b)confirm its decision in writing to the Governor.
(9) Within 20 days of a complaint being referred to the ICC under paragraph (1), the Governor must inform the prisoner—
(a)of the ICC’s decision as confirmed to the Governor under paragraph (8)(b) including the reasons for the decision and any recommendations made by the ICC;
(b)whether the ICC’s decision is endorsed or rejected by the Governor; and
(c)where the Governor decides to reject the ICC’s decision—
(i)of the reasons why the ICC’s decision has been rejected; and
(ii)where the Governor decides to reject the ICC’s decision, of any further action that is proposed in light of the Governor’s decision to reject the ICC’s decision.
(10) The Governor, upon issuing a decision to the prisoner under paragraph (9), must inform the prisoner of the process by which the complaint may be referred to the Scottish Public Services Ombudsman.