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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Privileges

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45.—(1) The Governor must establish, a system of privileges for the prisoners detained in the prison.

(2) The system of privileges may contain different provision for—

(a)different categories of prisoners; and

(b)prisoners detained in specific parts of the prison.

(3) A system of privileges established under paragraph (1) may include provision in relation to—

(a)the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner’s cell or room;

(b)the arrangements whereby a prisoner may purchase items within, or outwith, the prison;

(c)the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88;

(d)the arrangements whereby a prisoner may have tobacco in his or her possession;

(e)the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and

(f)any other matter as may be specified in a direction made by the Scottish Ministers under this rule.

(4) A system of privileges established under paragraph (1) cannot—

(a)prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules,

(b)provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or

(c)provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b).

(5) The Governor must ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to—

(a)the application to the prisoner of the system of privileges established under this rule; and

(b)the circumstances in which privileges may be withdrawn.

(6) The Governor must give reasons to a prisoner where the Governor takes a decision to—

(a)withdraw any privilege enjoyed by the prisoner; or

(b)refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner.

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