The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Searching of specified persons S

108.—(1) This rule applies to—

(a) persons providing contracted out services to the prison; and

(b) healthcare professionals.

(2) The Governor may authorise the search, at any time, of a person to whom this rule applies and this search may involve any number of the following processes—

(a) a search of their person;

(b) a search of their clothing;

(c) a visual examination of their open mouth but no equipment or force may be used;

(d) a search of any items of property in their possession including any items of property kept by them in a locker or any other place within the prison;

(e) a search of any equipment, plant, machinery or laptop or desktop computers used or installed by them within the prison;

(f) where they are in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle.

(3) [F1 Subject to paragraph (3A), where] a search is conducted under this rule—

(a) in the case of a search mentioned in paragraph (2)(a) or (b) the officer conducting the search must be of the same gender as the person being searched [F2 unless the search is carried out by the use of—

(i) a stationary body scanner under paragraph (5)(d); or

(ii) trained sniffer dogs under paragraph (5)(e)];

(b) the search must be conducted as quickly and decently as possible;

(c) except in the case of a search under paragraph (2)(c), the use of reasonable force is permitted where it is necessary and such force must be reasonable and proportionate to the threat or resistance posed by the person being searched.

[F3 (3A) The Governor may require in the case of a search mentioned in paragraph (2)(a) or (b), that the officer conducting the search must be of a different gender to the specified person where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.]

(4) A person who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear.

(5) A search conducted under paragraph (2), other than a search carried out under paragraph (2)(c), may be carried out by—

(a) hand;

(b) the use of equipment involving the application of a suction device or a swab on or to the person's clothing, any items of property mentioned in paragraph (2)(d) or (f), any item mentioned in paragraph (2)(e) or any vehicle mentioned in paragraph (2)(f) in order to collect substances from their surface;

(c) the use of equipment involving the analysis of substances collected under sub-paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(d) the use of equipment designed to detect the existence of metal objects or prohibited articles; and

(e) the use of trained sniffer dogs under the control of a trained officer.

(6) Where a search conducted under this rule involves the use of equipment under paragraph (5)(b), (c) or (d), that equipment must be used in accordance with the manufacturers instructions.

(7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104.

(8) [F4 Subject to paragraph (8A), where] a person to whom this rule applies is searched by an officer under section 41(2A) of the Act—

(a) an officer of the same gender as the person being searched must conduct the search and another officer of the same gender [F5 as the officer conducting the search] must be present during the search;

(b) the search must be conducted outwith the sight of any person who is not an officer;

(c) the search must be conducted as quickly and decently as possible; and

(d) if it is necessary to use reasonable force under section 41(2B)(d) of the 1989 Act, the force used must be proportionate to the threat or resistance posed by the person being searched.

[F6 (8A) Where a specified person is searched by an officer under section 41(2A) of the Act, the Governor may require that an officer of a different gender to the specified person must conduct the search where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.]

(9) For the purposes of this rule—

(a) any power to search includes the power to examine; and

(b) a “restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.

Textual Amendments

F1 Words in rule 108(3) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(a)

F2 Words in rule 108(3)(a) inserted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(16)

F3 Rule 108(3A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(b)

F4 Words in rule 108(8) substituted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(c)(i)

F5 Words in rule 108(8)(a) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(c)(ii)

F6 Rule 108(8A) inserted (26.2.2024) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2023 (S.S.I. 2023/366), rules 1, 2(6)(d)