The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2012

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the Prison Rules”). Rule 2(4) of these Rules replaces rule 12 of the Prison Rules to clarify what information can be taken from a prisoner and for what purposes that information can be taken. The new rule 12 also makes provision for the destruction of biometric data taken from prisoners.

Rules 2(5) and (6) of these Rules amend rules 18 and 19 of the Prison Rules so as to ensure that untried prisoners are assigned high supervision level at all times.

Rules 2(8) amends rule 55 of the Prison Rules so as to clarify when non-privileged correspondence can be opened by officers or employees.

Rule 2(9) amends rule 82 of the Prison Rules so as to clarify when prisoners can be excused from working.

Rule 2(11) replaces rule 86 of the Prison Rules to enable a prisoner to be paid an allowance in lieu of earnings where the prisoner has been excused from working under rule 82(2)(a) or (b). The new rule 86 also clarifies the activities for which prisoners are entitled to be paid earnings.

Rule 2(12) amends rule 100 of the Prison Rules so as to allow Governors a greater discretion in setting conditions on grants of special escorted leave. Rule 100 is also amended to allow the Scottish Ministers to specify types of conditions which may be imposed by Governors on a grant of special escorted leave.

Rule 2(14) amends rule 135 of the Prison Rules to set out in detail the Governor’s power to impose conditions on a grant of temporary release. Rule 2(14) also enables Governors to arrange for an allowance to be paid, to prisoners who have been granted temporary release, in order to cover the prisoner’s travel and subsistence costs.

Rule 2(15) amends rule 138 of the Prison Rules to enable the Scottish Ministers to specify types of conditions which may be imposed by Governors on a grant of temporary release.

Rule 2(16) amends schedule 2 to the Prison Rules in order to make provision for the composition of a visiting committee for HMP Low Moss which is scheduled to open in March 2012. Rule 2(16) also amends the composition of the visiting committee for HMP Open Estate.

The remaining rules are technical amendments designed to clarify minor points in the Prison Rules.