The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Visits to untried and civil prisoners by persons of a prisoner’s choice

64.—(1) This rule applies to visits to an untried prisoner or a civil prisoner by any person with whom the prisoner wishes to communicate.

(2) An untried prisoner or a civil prisoner is entitled to receive—

(a) a visit of at least 30 minutes’ duration in terms of this rule on any day of the week other than—

(i) a Saturday or Sunday; or

(ii) 1st January or 25th December in any year; and

(b) where the prisoner has not received a visit on every day of the preceding Monday to Friday, a visit of at least 30 minutes’ duration on a Saturday or Sunday.

(3) An untried prisoner or a civil prisoner may, at the discretion of the Governor, receive a visit of such duration as the Governor thinks fit on a Saturday or Sunday or on 1st January or 25th December in any year.

(4) For the purposes of this rule—

(a) a visit under paragraphs (2) or (3) may take place during such hours and, subject to the other provisions of this rule, under such conditions as the Governor may specify; and

(b) the number of persons who may be allowed to visit a prisoner at any time is at the discretion of the Governor.

(5) Where an untried prisoner or a civil prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer, and

(b) within the hearing of an officer unless the Governor has otherwise authorised.

(6) Where the Scottish Ministers consider that it is not practicable to allow untried prisoners or civil prisoners the minimum period for visits specified in paragraph (2) due to circumstances pertaining in, or the facilities available at, any prison they may by direction provide that paragraph (2) will apply in relation to untried prisoners or civil prisoners in that prison subject to such reduced minimum periods as may be specified in the direction.

(7) A direction made by the Scottish Ministers in terms of paragraph (6) will only have effect for a period of one month, at the end of which period the circumstances pertaining in and the facilities available at the prison in question must be reconsidered by the Scottish Ministers before any further direction is made under paragraph (6).

(8) This rule does not apply to visits which a prisoner may receive from a member of the chaplaincy team or by virtue of rules 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.