The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[F1 Communication by communal telephone or in-cell telephone S

62.— (1) The entitlement of a prisoner to use a communal telephone or an in-cell telephone under this rule is subject to—

(a) the provisions of rule 60 and this rule; and

(b) the provisions of any direction made under paragraph (10).

(2) A prisoner is entitled to use a communal telephone.

(3) A prisoner is entitled to use an in-cell telephone where—

(a) the Scottish Minsters have authorised the use of in-cell telephones in the prison in a direction made under paragraph (10); and

(b) an in-cell telephone has been installed in the prisoner’s cell or room.

(4) The Governor may impose restrictions as to the times of day during which a prisoner may use a communal telephone or an in-cell telephone.

(5) The Governor may impose different restrictions under paragraph (4) for different purposes including different restrictions for—

(a) different classes of prisoners;

(b) different parts of the prison; and

(c) different types of telephone.

(6) The Governor may restrict or remove a prisoner’s entitlement to use a communal telephone or an in-cell telephone—

(a) in accordance with rule 60; or

(b) in accordance with any direction made under paragraph (10).

(7) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (4).

(8) The Governor must inform a prisoner in writing of any decision under paragraph (6) to restrict or remove the prisoner’s entitlement to use a communal telephone or an in-cell telephone.

(9) A prisoner must not—

(a) tamper with a communal telephone or an in-cell telephone or cause someone else to tamper with the telephone; or

(b) intentionally damage or destroy a communal telephone or an in-cell telephone or cause someone else so to damage or destroy the telephone.

(10) The Scottish Ministers may specify in a direction—

(a) the prisons in which a prisoner may use an in-cell telephone;

(b) the conditions applicable to the use of a communal telephone or an in-cell telephone by a prisoner;

(c) the circumstances in which, and the grounds on which, a prisoner’s entitlement to use a communal telephone or an in-cell telephone can be restricted or removed by the Governor;

(d) the numbers which a prisoner may, or may not, call on a communal telephone or an in-cell telephone;

(e) the circumstances in which, and the means by which, calls made by a prisoner from a communal telephone or an in-cell telephone are to be logged, monitored and recorded.

(11) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from a communal telephone or in-cell telephone.]

Textual Amendments

F1 Rules 62, 62A substituted for rule 62 (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(6)