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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Restrictions on other correspondence to and from the prisoner

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55.—(1) This rule applies to any letter or package, other than one to which rules 56, 57, 58 or 59 apply, which a prisoner wishes to send or which is addressed to the prisoner.

(2) A letter or package to which this rule applies may only be opened by an officer or employee and, once opened, may only be read by an officer or employee—

(a)in the circumstances specified in a direction by the Scottish Ministers made under paragraph (5); and

(b)in accordance with any conditions specified in a direction by the Scottish Ministers made under paragraph (5).

(3) Where a letter or package to which this rule applies is, or is found to contain anything, in contravention of the restrictions specified in a direction by the Scottish Ministers made under paragraph (5), an officer or employee may—

(a)prevent the letter or package, or anything contained in it, from being sent or from being received by the prisoner; and

(b)deal with the letter or package, or anything contained in it, in accordance with such arrangements as may be specified in a direction by the Scottish Ministers made under paragraph (5).

(4) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(5) The Scottish Ministers may specify in a direction any of the following matters in relation to letters and packages to which this rule applies—

(a)the circumstances in, and the conditions under, which such a letter or package may be opened;

(b)the officers or employees who may be authorised to open such a letter or package;

(c)the circumstances in, and the conditions under, which such a letter or package may be read;

(d)the officers or employees who may be authorised to read such a letter or package;

(e)any restrictions as to the number of such letters and packages which a prisoner may send;

(f)any restrictions as to the amount of money (whether in the form of cash, cheques, bankers’ drafts or otherwise) which a prisoner may send or receive;

(g)the times and frequency at which prisoners may send or receive money (whether in the form of cash, cheques, bankers’ drafts or otherwise);

(h)the persons, authorities and organisations to whom a prisoner is prohibited from sending any such letters and packages;

(i)any restrictions or conditions which will apply where a prisoner wishes to send such letters and packages to specified persons, authorities and organisations whom the prisoner is not otherwise prohibited from corresponding with;

(j)any restrictions as to the nature and description of such letters and packages in general which a prisoner may not send or receive; and

(k)the arrangements by which a letter or package referred to in paragraph (3) may be disposed of.

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