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The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1996
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Insertion of new rule 112A into the principal Rules
38. After rule 112 of the principal Rules there is inserted the following rule:—
“Power of Secretary of State to quash findings of guilt and to remit or mitigate punishments
112A.—(1) The Secretary of State may in relation to a prisoner who has been found guilty of any breach of discipline—
(a)quash any finding of guilt;
(b)remit or mitigate any punishment (other than a punishment imposed under sub-paragraph (b), (d), (g) or (i) of rule 100(1) where the period for which the punishment was imposed has expired); or
(c)substitute another punishment which is, in the Secretary of State’s opinion, less severe.
(2) If the Secretary of State quashes any finding of guilt, the Governor shall destroy any record in the prisoner’s file which relates to the alleged breach of discipline except where the record, or a part of it, relates to any other finding of breach of discipline which continues to form part of the prisoner’s record.”.
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