The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Disclosure of information considered by the Governor under this Part

27.—(1) The Governor is not obliged to provide the prisoner with a copy of a document or a summary of information under rules 20(3), 21(3), 23(4) and 25(3) if the Governor is of the opinion that the document or information, if disclosed to the prisoner, would be likely to be damaging on one or more of the following grounds—

(a) that it would be likely to adversely affect the health, welfare or safety of the prisoner or of any other person;

(b) that it would be likely to result in the commission of an offence;

(c) that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;

(d) that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders; or

(e) that it would be otherwise likely to damage the public interest.

(2) Where a prisoner is not provided with a copy of a document or a summary of information by virtue of paragraph (1), the Governor must inform the prisoner in writing of the gist of that document or information, but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed.

(3) Where a prisoner makes a request to the Governor—

(a) under rule 21(3), prior to the Governor making a decision in relation to the assignment of a supervision level;

(b) under rule 23(4) prior to the Governor making a decision in relation to imposition of special security measures; or

(c) under rule 25(3), prior to the Governor making a decision in relation to the continued imposition of special security measures;

the Governor must comply with the obligations contained in those rules and this rule prior to making his or her decision.