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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

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Rule 110

SCHEDULE 1BREACHES OF DISCIPLINE

A prisoner is guilty of a breach of discipline if he or she—

1.  commits any assault;

2.  fights with any person;

3.  uses threatening words or behaviour;

4.  uses abusive or insulting words or behaviour;

5.  commits any indecent or obscene act;

6.  intentionally endangers the health or personal safety of others;

7.  recklessly endangers the health or personal safety of others.

8.  fails, without reasonable excuse, to open his or her mouth for the purpose of enabling a visual examination in terms of rule 92(2)(e);

9.  is absent from a place where he or she is required to be or is present in a place he or she is not authorised to be;

10.  is disrespectful to any person, other than a prisoner, who is at the prison;

11.  intentionally fails to work properly or, on being required to work, refuses to do so;

12.  disobeys any lawful order;

13.  disobeys or fails to comply with any rule, direction or regulation applying to a prisoner;

14.  intentionally obstructs any person, other than a prisoner, in the performance of that person’s work at the prison;

15.  detains any person against his or her will;

16.  denies access to any part of the prison to any person other than a prisoner;

17.  destroys or damages any part of a prison or any other property, other than his or her own;

18.  intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him or her;

19.  takes improperly any article belonging to another person or to the prison;

20.  has in his or her possession, or concealed about his or her body or in any body orifice, any article or substance which he or she is not authorised to have or a greater quantity of any article or substance than he or she is authorised to have;

21.  has in his or her possession whilst in a particular part of the prison, any article or substance which he or she is not authorised to have when in that part of the prison;

22.  has in his or her possession, or concealed about his or her body or in any body orifice, any prohibited article;

23.  sells or delivers to any person any article which he or she is not authorised to have;

24.  sells or, without permission, delivers to any person any article which he or she is allowed to have only for his or her own use;

25.  consumes, takes, injects, ingests, conceals inside a body orifice, inhales or inhales the fumes of any substance which is—

(a)a prohibited article;

(b)unauthorised property; or

(c)an article which he or she has been authorised to keep or possess but which he or she has not been specifically authorised to inhale or inhale the fumes thereof;

26.  smokes in an area of a prison where smoking is not permitted by virtue of rule 36;

27.  administers a controlled drug to himself or herself or fails to prevent the administration of a controlled drug to himself or herself by another person but subject to rule 117;

28.  escapes or absconds from prison or from legal custody;

29.  fails to return to prison when he or she should return after being temporarily released under Part 15;

30.  fails to comply with any condition upon which he or she is temporarily released under Part 15; or

31.  attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or attempt to commit, any of the foregoing breaches.

Rule 146

SCHEDULE 2CONSTITUTION OF VISITING COMMITTEES

(1)

Name of Prison

(2)

Name of Appointing Authorities

(3)

Number of Members to be appointed

(4)

Number of Members who are non-members of Appointing Authority

ABERDEENAberdeen City Council42
Aberdeenshire Council22
ADDIEWELLWest Lothian Council52
South Lanarkshire Council52
North Lanarkshire Council52
BARLINNIEWest Dunbartonshire Council21
East Ayrshire Council1
Glasgow City Council104
Inverclyde Council1
North Ayrshire Council21
North Lanarkshire Council42
Renfrewshire Council1
South Lanarkshire Council42
Dundee City Council31
CORNTON VALEClackmannanshire Council21
Stirling Council73
Falkirk Council62
DUMFRIESDumfries and Galloway Council114
EDINBURGHCity of Edinburgh Council104
East Lothian Council21
West Lothian Council21
Midlothian Council31
GLENOCHILClackmannanshire Council52
Stirling Council42
Fife Council52
GREENOCKInverclyde Council52
North Ayrshire Council2
Argyle and Bute Council1
INVERNESSHighland Council104
KILMARNOCKEast Ayrshire Council42
South Ayrshire Council42
North Ayrshire Council42
East Renfrewshire Council21
South Lanarkshire Council1
North Lanarkshire Council31
East Dunbartonshire Council42
Dundee City Council31
OPEN ESTATEAngus Council52
Dundee City Council62
Perth and Kinross Council52
PERTHPerth & Kinross Council104
Dundee City Council93
PETERHEADAberdeenshire Council52
Aberdeen City Council31
SHOTTSNorth Lanarkshire Council93
South Lanarkshire Council83

Rule 155

SCHEDULE 3CONSTITUTION OF VISITING COMMITTEES FOR LEGALISED POLICE CELLS

(1)

Legalised Police Cells

(2)

Names of Appointing Authorities

(3)

Number of Members to be appointed

CAMPBELTOWNArgyll and Bute Council3
DUNOONInverclyde Council1
Argyll and Bute Council2
HAWICKScottish Borders Council3
KIRKWALLOrkney Islands Council3
LERWICKShetland Islands Council3
LOCHMADDYComhairle nan Eilean Sair3
OBANArgyll and Bute Council3
STORNOWAYComhairle nan Eilean Sair3
THURSOHighland Council3

Rule 157

SCHEDULE 4REVOCATIONS

Revocations

S.S.I. Number

The Prisons and Young Offenders Institutions (Scotland) Rules 2006S.S.I. 2006/94
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2007S.S.I. 2007/190
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2008S.S.I. 2008/377

Rule 158

SCHEDULE 5SAVINGS AND TRANSITIONAL PROVISIONS

1.  Where, immediately prior to 1st November 2011, any of the matters listed in paragraph 2 remain extant, in force, pending or outstanding under any provision of the 2006 Rules that matter must be treated in accordance with paragraphs 3 to 13.

2.  The matters referred to in paragraph 1 are—

(a)any privilege or certificate which has been granted;

(b)any authority, direction, order or permission which has been given; or

(c)any record or minute which has been made in respect of any matter.

3.  Subject to paragraphs 4 to 13, insofar as any matter listed in paragraph 2 could be granted, given or made under a corresponding provision of these Rules, that matter is to be treated as if it had been granted, given or made under the corresponding provision of these Rules.

4.  Where, immediately prior to 1st November 2011—

(a)a prisoner had an entitlement to carry forward an accumulated period of unused allowance under rule 65(2) of the 2006 Rules; and

(b)some or all of that allowance had not been used,

the prisoner shall be deemed to have permission to accumulate visits under rule 65(2) of these Rules and the unused allowance under rule 65(2) of the 2006 Rules shall be treated as accumulated visits under rule 65 of these Rules.

5.  Where, immediately prior to 1st November 2011, an order under rule 94(1) of the 2006 Rules is in force, that order shall be deemed to have been made under rule 95(1) of these Rules.

6.  Where the Scottish Ministers have granted an authority under rule 94(5) of the 2006 Rules and that authority is in force immediately prior to 1st November 2011, that authority shall be deemed to constitute an extension granted under rule 95(11) of these Rules.

7.  Where the Scottish Ministers have, under rule 94(6) of the 2006 Rules, renewed a previous authority granted by them under rule 94(5) of the 2006 Rules and that renewed authority is in force immediately prior to 1st November 2011, that renewed authority shall be deemed to constitute an extension granted under rule 95(12) of these Rules.

8.  Where a report of a breach of discipline which was made in terms of rule 114 of the 2006 Rules, but in relation to which a charge has not been brought against the prisoner under rule 115 of the 2006 Rules before 1st November 2011, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 111 of these Rules.

9.  Part 11 and rules 130 and 131 of the 2006 Rules continue to apply as they did immediately prior to 1st November 2011 in respect of any breach of discipline, or alleged breach of discipline, in relation to which a charge was brought against a prisoner under rule 115 of the 2006 Rules before that date.

10.  For the purposes of rule 120 of the 2006 Rules, references to a “breach of discipline” include a breach of discipline under these Rules.

11.  Rules 123 to 128 of the 2006 Rules shall remain in force in relation to any complaint made by a prisoner under those Rules prior to the coming into force of these Rules.

12.  Part 15 of the 2006 Rules shall remain in force in relation to any grant of temporary release to a prisoner under that Part which is in effect immediately prior to 1st November 2011 until the period of temporary release expires or the Governor recalls the prisoner under rule 146 of the 2006 Rules (whichever is the earlier).

13.  The Scottish Prison Service Employee Code of Conduct and Standards of Conduct implemented on 1st August 1998 and revised on 1st September 2000 shall continue to apply as if it had been approved under rule 144.

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