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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Visits by police constables

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68.—(1) Subject to paragraph (2), a police constable or a police member of the Scottish Crime and Drug Enforcement Agency or, as the case may be, the Director General of that Agency, may visit or see a prisoner for one or more of the following purposes—

(a)to interview the prisoner, provided the prisoner is willing to be interviewed;

(b)to identify the prisoner;

(c)to charge the prisoner with an offence.

(2) A police constable or a police member of the Scottish Crime and Drug Enforcement Agency may only visit or see a prisoner under paragraph (1) on production of the written authority of—

(a)a procurator fiscal or a Chief Constable, in the case of a police constable; or

(b)the Director General of the Scottish Drug Enforcement Agency, in the case of a police member of the agency.

(3) A visit to a prisoner in terms of paragraph (1)(a) may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a)within the sight of an officer; and

(b)outwith the hearing of an officer unless the prisoner or the visitor requests otherwise.

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