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The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996
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Insertion of new rule 88A in the principal Rules
20. After rule 88 of the principal Rules there is inserted the following rule:—
“Compulsory testing for controlled drugs
88A.—(1) This rule applies where an officer, acting under the powers conferred by section 41B of the Act(1) (testing prisoners for drugs), requires a prisoner to provide a sample for the purpose of ascertaining whether he has any controlled drug in his body.
(2) In this rule “sample” means a sample of urine or any other description of sample specified in the authorisation by the Governor for the purposes of section 41B.
(3) When requiring a prisoner to provide a sample, an officer shall, so far as is reasonably practicable, inform the prisoner—
(a)that he is being required to provide a sample in accordance with section 41B of the Act; and
(b)that a refusal to provide a sample may lead to disciplinary proceedings being brought against him.
(4) An officer shall require a prisoner to provide a fresh sample, free from any adulteration.
(5) An officer requiring a sample shall make such arrangements and give the prisoner such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.
(6) A prisoner who is required to provide a sample may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.
(7) A prisoner who is unable to provide a sample of urine when required to do so may be kept apart from other prisoners until he has provided the required sample, save that a prisoner may not be kept apart under this paragraph for a period of more than 5 hours.
(8) A prisoner required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular a prisoner shall not be required to provide such a sample in the sight of a person of the opposite sex.”.
(1)
Section 41B was inserted by the Criminal Justice and Public Order Act 1994, section 151(2).
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