The Prisons and Young Offenders Institutions (Scotland) Rules 2011

The use of restraints S

96.— [F1 (1) In this rule “restraint” means—

(a) a body belt; or

(b) a back board.]

(2) The Governor may order that a prisoner be placed under a restraint where it appears to the Governor that it is necessary to do so in order to restrain a prisoner who—

(a) threatens to injure, or is in the course of injuring, himself or herself or other persons;

(b) threatens to damage, or is in the course of damaging, property; or

(c) threatens to create, or is in the course of creating, a disturbance.

(3) The Governor must consult with, and take into consideration the views of a registered medical practitioner—

(a) where it is practicable to do so, prior to making an order under paragraph (2); or

(b) where it is not practicable to do so prior to making an order under paragraph (2), as soon as reasonably practicable after the order is made.

(4) Where a registered medical practitioner recommends to the Governor that a prisoner should be placed under a restraint in order to prevent self-harm, the Governor must make an order under paragraph (2) that the prisoner be placed under a restraint.

(5) Where a registered medical practitioner recommends to the Governor that—

(a) the prisoner should not be placed under a restraint; or

(b) where the prisoner has been placed under a restraint, the prisoner should be released from the restraint,

the Governor must refrain from making an order under paragraph (2) or, as the case may be, order that the prisoner be released from the restraint immediately.

(6) The following conditions apply to all restraint orders and the enforcement of such orders:—

(a) only persons trained to use a [F2 restraint] may do so;

(b) the Governor must keep a written record of the particulars of each order made under paragraph (2) including the reasons for making the order;

(c) an order under paragraph (2) must not be used as a punishment;

(d) an officer must monitor the prisoner continuously during the period that the prisoner is placed under a restraint;

(e) a prisoner must not be placed under a restraint for any longer than is necessary;

(f) a prisoner cannot be placed under a restraint for more than 12 hours by virtue of an order under paragraph (2) without the Scottish Ministers' authority;

(g) a restraint must be removed temporarily when it is reasonably necessary to allow the prisoner to use toilet facilities or to consume food or drink;

(h) the Governor must advise a registered medical practitioner as soon as reasonably practicable of any matters relevant to the prisoner's health that come to the Governor's attention during the period that the prisoner is placed under a restraint.

Textual Amendments

F1 Rule 96(1) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(14)(a)

F2 Word in rule 96(6)(a) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(14)(b)