The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Privileges S

45.—(1) The Governor must establish, a system of privileges for the prisoners detained in the prison.

(2) The system of privileges may contain different provision for—

(a) different categories of prisoners; and

(b) prisoners detained in specific parts of the prison.

(3) A system of privileges established under paragraph (1) may include provision in relation to—

(a) the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner's cell or room;

(b) the arrangements whereby a prisoner may purchase items within, or outwith, the prison;

(c) the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88;

(d) the arrangements whereby a prisoner may have [F1 a nicotine vapour product] in his or her possession;

(e) the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and

(f) any other matter as may be specified in a direction made by the Scottish Ministers under this rule.

(4) A system of privileges established under paragraph (1) cannot—

(a) prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules,

(b) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or

(c) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b).

(5) The Governor must ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to—

(a) the application to the prisoner of the system of privileges established under this rule; and

(b) the circumstances in which privileges may be withdrawn.

(6) The Governor must give reasons to a prisoner where the Governor takes a decision to—

(a) withdraw any privilege enjoyed by the prisoner; or

(b) refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner.

Textual Amendments

F1 Words in rule 45(3)(d) substituted (30.11.2018) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2018 (S.S.I. 2018/293), rules 1, 2(4)