The Prisons and Young Offenders Institutions (Scotland) Rules 2011

[F1 Virtual visits S

78A.— (1) The entitlement of a prisoner to receive virtual visits under this rule is subject to—

(a) the provisions of this rule; and

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

(2) A prisoner is entitled to receive virtual visits where—

(a) the Scottish Ministers have authorised the use of virtual visits in the prison in a direction made under paragraph (10); and

(b) facilities for virtual visits have been provided in the prison.

(3) The Governor may impose restrictions as to—

(a) the times of day during which a prisoner may receive a virtual visit; and

(b) the frequency of virtual visits that a prisoner may receive in any specified period.

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

(a) different classes of prisoners; and

(b) different parts of the prison.

(5) The Governor may restrict or remove a prisoner’s entitlement to receive virtual visits in accordance with any direction made under paragraph (10).

(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 receive virtual visits.

(8) Where a prisoner receives a virtual visit in terms of this rule, the virtual 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.

(9) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, the Governor may—

(a) prohibit a prisoner from receiving a virtual visit from any specified person; or

(b) terminate a virtual visit which is taking place.

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

(a) the prisons in which a prisoner may receive a virtual visit;

(b) the conditions applicable to the use of the facilities provided for receiving a virtual visit;

(c) the circumstances in which, and the grounds on which, a prisoner’s entitlement to receive virtual visits can be restricted or removed by the Governor; and

(d) the circumstances in which, and the means by which, virtual visits received by a prisoner 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 virtual visits.

(12) For the purposes of this rule, “virtual visit” means a visit which takes place—

(a) via a video-link;

(b) between a prisoner and either a relative or friend of the prisoner; and

(c) in such part of the prison as the Governor deems suitable.

(13) For the purposes of rules 63 to 78, “visit” does not include a virtual visit.]

Textual Amendments

F1 Rule 78A inserted (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(7)