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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Untried and civil prisoners wearing their own clothing

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32.—(1) An untried or civil prisoner may wear his or her own clothing.

(2) Paragraph (1) does not apply if—

(a)the prisoner has received a punishment under rule 114(1)(e); or

(b)the Governor has ordered the prisoner to wear other appropriate clothing for any of the reasons specified in paragraph (4).

(3) The Governor may revoke any order under paragraph 2(b) when it is appropriate to do so.

(4) For the purposes of paragraph (2)(b) the reasons are that—

(a)the Governor considers that the prisoner’s clothing—

(i)is in poor condition or too unsanitary to clean;

(ii)may be prejudicial to security, good order or discipline within the prison; or

(iii)is incompatible with the facilities at, or management of, the prison;

(b)the Governor receives advice from a healthcare professional that—

(i)the prisoner’s clothing is prejudicial to the prisoner’s health; or

(ii)special clothing is required on health grounds;

(c)special or protective clothing is required for particular work or activities being undertaken by the prisoner;

(d)particular clothing is or may be required for the purposes of legal proceedings; or

(e)a direction made under paragraph (5) is in force.

(5) The Scottish Ministers may make a direction for the purposes of specifying—

(a)the types of clothes that a prisoner may or may not wear;

(b)whether it is appropriate to allow prisoners to wear or be prohibited from wearing their own clothing;

(c)that the matters in sub-paragraphs (a) and (b) apply to specific prisoners, categories or classes of prisoner; and

(d)that the matters in sub-paragraphs (a) and (b) apply to parts of a prison, within a particular prison or across a class of prisons.

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