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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Imposition of special security measures

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23.—(1) For the purposes of this Part, “special security measures” are measures which are—

(a)separate from and additional to anything that can be done under Part 10; and

(b)specified in a direction by the Scottish Ministers.

(2) Subject to paragraphs (3) to (5) and to rule 24, the Governor may impose special security measures on any prisoner who is assigned high supervision level, where the Governor considers that the imposition of these measures is necessary—

(a)in the interests of the health, welfare or safety of the prisoner or any other person; or

(b)to prevent an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody.

(3) Prior to imposing special security measures on a prisoner, the Governor must provide the prisoner with a written notice stating—

(a)the measures that are to be imposed;

(b)the reasons why they are to be imposed; and

(c)the procedure by which the prisoner may make written representations in relation to the imposition of the special security measures.

(4) The Governor must, if asked to do so by the prisoner concerned, but subject to rule 27, provide the prisoner with—

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

(b)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.

(5) The Governor must—

(a)consider any representations made by the prisoner prior to imposing special security measures on the prisoner; and

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

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