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Prisons (Scotland) Act 1989

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Prisons (Scotland) Act 1989, Section 39 is up to date with all changes known to be in force on or before 27 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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39 Rules for the management of prisons and other institutions.S

(1)The Secretary of State may make rules for the regulation and management of prisons, remand centres and young offenders institutions respectively, and for the classification, treatment, employment, discipline and control of persons required to be detained therein.

(2)Rules made under this section shall make provision for ensuring that a person who is charged with any offence under the rules shall be given a proper opportunity of presenting his case.

(3)Rules made under this section may provide for the training of particular classes of persons and their allocation for that purpose to any prison or other institution in which they may lawfully be detained.

(4)Rules made under this section may provide for the appointment of a convenient prison or prisons—

(a)in which prisoners are to be confined before and during trial, or at either of such times;

(b)in which particular classes of prisoners may be confined;

(c)in which civil prisoners may be confined during the period of their imprisonment.

(5)Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say—

(a)any appellant within the meaning of section 279 of the 1975 Act pending the determination of his appeal;

(b)any other person detained in a prison, not being a person serving a sentence imposed on conviction of an offence.

(6)Rules made under this section may provide for the temporary release of persons serving a sentence of imprisonment or detention.

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