The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[F1 Communication by authorised personal communication device S

62A.— (1) The entitlement of a prisoner to possess and use an authorised personal communication device under this rule is subject to—

(a) the terms of any authorisation made under section 41ZB(8) of the Act;

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

(c) the provisions of any direction made under paragraph (11).

(2) A prisoner is entitled to possess and use an authorised personal communication device where—

(a) the Scottish Ministers have authorised the possession and use of authorised personal communication devices in the prison under section 41ZB(8) of the Act; and

(b) the Governor has provided an authorised personal communication device to the prisoner.

(3) The Governor may impose restrictions as to—

(a) the parts of a prison in which a prisoner may possess or use an authorised personal communication device;

(b) the times of day during which a prisoner may use an authorised personal communication device.

(4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—

(a) different classes of prisoners;

(b) different parts of the prison; and

(c) different types of authorised personal communication device.

(5) The Governor may restrict or remove a prisoner’s entitlement to possess and use an authorised personal communication device—

(a) in accordance with rule 60; or

(b) in accordance with any direction made under paragraph (11).

(6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).

(7) The Governor must inform a prisoner in writing of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to possess and use an authorised personal communication device.

(8) A prisoner must not possess, or use, an authorised personal communication device which was not provided to the prisoner by the Governor for use by that prisoner.

(9) A prisoner must not—

(a) tamper with any authorised personal communication device or cause someone else to tamper with the device; or

(b) intentionally damage or destroy any authorised personal communication device or cause someone else so to damage or destroy the device.

(10) A prisoner must return any authorised personal communication device in the prisoner’s possession to an officer where the officer orders the prisoner to do so.

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

(a) the conditions applicable to the possession and use of an authorised personal communication device by a prisoner;

(b) the circumstances in which, and the grounds on which, a prisoner’s entitlement to possess and use an authorised personal communication device can be restricted or removed by the Governor;

(c) the numbers which a prisoner may, or may not, call on an authorised personal communication device;

(d) the circumstances in which, and the means by which, calls made by a prisoner from an authorised personal communication device are to be logged, monitored and recorded.

(12) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from an authorised personal communication device.

(13) Paragraph (14) applies where a prisoner possesses or uses an authorised personal communication device in breach of—

(a) the terms of any authorisation made under section 41ZB(8) of the Act;

(b) the provisions of this rule; or

(c) the provisions of any direction made under paragraph (11) of this rule.

(14) Where this paragraph applies—

(a) the prisoner may be charged with a breach of discipline under Part 11; and

(b) the Governor may report the matter to the police where the Governor considers that an offence may have been committed under sections 41 or 41ZA of the Act.]

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)