The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Convicted prisoners wearing their own clothing

31.—(1) Where the Governor has granted permission, a convicted prisoner may wear his or her own clothing.

(2) The Governor—

(a) may only grant permission after considering the terms of any direction under paragraph (5), and being satisfied that none of the conditions specified in paragraph (4) apply; and

(b) must detail any times or circumstances in which the permission does or does not apply.

(3) The Governor may withdraw permission at any time if the Governor considers it appropriate to do so.

(4) For the purposes of paragraph (2) the conditions are that—

(a) the Governor considers that the prisoner’s clothing—

(i) is in poor condition or too unsanitary to clean;

(ii) may be prejudicial to security, good order or discipline within the prison; or

(iii) is incompatible with the facilities at, or management of, the prison;

(b) the Governor receives advice from a healthcare professional that—

(i) the prisoner’s clothing is prejudicial to the prisoner’s health; or

(ii) special clothing is required on health grounds;

(c) special or protective clothing is required for particular work or activities being undertaken by the prisoner; or

(d) particular clothing is or may be required for the purposes of legal proceedings.

(5) The Scottish Ministers may make a direction for the purposes of specifying—

(a) the types of clothes that a prisoner may or may not wear;

(b) whether it is appropriate to allow prisoners to wear or be prohibited from wearing their own clothing;

(c) that the matters in sub-paragraphs (a) and (b) apply to specific prisoners, categories or classes of prisoner; and

(d) that the matters in sub-paragraphs (a) and (b) apply to parts of a prison, within a particular prison or across a class of prisons.