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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Special visits to certain prisoners in connection with further proceedings

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70.—(1) This rule applies to any prisoner who—

(a)is an untried prisoner;

(b)is a civil prisoner;

(c)is an appellant;

(d)has been remanded in custody following conviction to await sentence or further inquiry;

(e)is serving a sentence of imprisonment and who is subject to a further charge but only for so long as the proceedings in respect of the further charge are pending against him or her; or

(f)is serving a sentence of imprisonment and who is the respondent in an appeal by the Lord Advocate or the prosecutor under section 108(1) or 175(3)(2) of the 1995 Act, but only for so long as the proceedings in respect of the appeal are pending against him or her.

(2) A prisoner to whom this rule applies is allowed a visit at any reasonable time to consult a registered medical practitioner or any other person, where the Governor considers it is in the interests of justice, for the purposes of—

(a)in the case of an untried prisoner, the proceedings in respect of which he or she is remanded in custody or complying with a condition of bail which requires the deposit of a sum of money pursuant to section 24(6) of the 1995 Act(3);

(b)in the case of a civil prisoner, the proceedings in respect of which he or she is committed to prison;

(c)in the case of an appellant, the appeal or, as the case may be, the reference;

(d)in the case of a prisoner mentioned in paragraph (1)(d), preparing representations to the court which will pass sentence or otherwise dispose of his or her case; or

(e)in the case of a prisoner mentioned in paragraph (1)(e) or (f), the proceedings in respect of the further charge or, as the case may be, the appeal.

(3) The number of persons who may be allowed to visit a prisoner at any time is at the discretion of the Governor.

(4) Where a prisoner receives a visit in terms of this rule other than a visit by a registered medical practitioner the visit must take place—

(a)within the sight of an officer; and

(b)outwith the hearing of an officer except where the Governor otherwise directs.

(5) Where a prisoner receives a visit by a registered medical practitioner in terms of this rule the visit must take place—

(a)outwith the sight of an officer unless the medical practitioner requests otherwise; and

(b)outwith the hearing of an officer.

(1)

1995 c.46; section 108 was substituted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 21 and was amended by the Crime and Disorder Act 1998 (c.37) section 94 and Schedule 6, paragraph 6, and also by the Proceeds of Crime Act 2002 (c.29) Part 3, section 115; section 108A was added by the Crime and Punishment (Scotland) Act 1997 (c.48), section 18 and was amended by the Crime and Disorder Act 1998 (c.37) section 119 and Schedule 8, paragraph 120.

(2)

Section 175 was amended by Crime and Punishment (Scotland) Act 1997 (c.48), section 17, section 21, section 23, by the Crime and Disorder Act 1998 (c.37) section 119 and paragraph 123 of Schedule 8, by the Proceeds of Crime Act 2002 (c.29) Part 3, section 115, and also by the Protection of Children (Scotland) Act 2003 (asp 5), section 16.

(3)

Section 24(6) was amended by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) Schedule 1, paragraph 5.

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