The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Assignment of supervision levels on review

19.—(1) The supervision level of prisoners, except those mentioned in rule 18(2), must be reviewed in accordance with the provisions of these Rules—

(a) for all prisoners, within 72 hours of reception;

(b) for prisoners assigned medium or high supervision level on a review under sub‑paragraph (a), within 6 months of that review;

(c) for prisoners assigned medium or high supervision level on a review under sub‑paragraph (b) or any subsequent review, within 12 months of that review; and

(d) for all prisoners, whenever the Governor deems it necessary to do so.

(2) On the review of a prisoner’s supervision level under this rule, and subject to paragraph (3) and any direction made by the Scottish Ministers under rule 22, the prisoner must be assigned the appropriate supervision level having regard, so far as applicable, to the following criteria:—

(a) the seriousness of the offence for which the prisoner has been convicted;

(b) the prisoner’s previous convictions;

(c) any outstanding charges;

(d) the length of time that the prisoner has spent in custody;

(e) the prisoner’s conduct in custody;

(f) the prisoner’s trustworthiness and stability; and

(g) any other criteria as may be specified in a direction made by the Scottish Ministers for the purposes of this rule.

(3) An untried prisoner must be assigned a supervision level no lower than medium supervision level.

(4) The entitlement of any prisoner who is assigned low supervision level to participate in supervised or unsupervised activities in the community is subject to the requirements of rule 100 and of Part 15.