The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Prisons and Young Offenders Institutions (Scotland) Rules 2011 (“the principal Rules”).

Rule 2(2) amends the definition of “prohibited articles” within rule 2(1) of the principal Rules to include psychoactive substances (within the meaning given by section 2 of the Psychoactive Substances Act 2016).

Rule 2(3)(a) amends rule 55(2) of the principal Rules to allow prison officers or employees to copy and, for the purposes of investigating whether general correspondence received into a prison contains a prohibited article or unauthorised property, to test that correspondence. Rule 2(3)(b) inserts new paragraphs (3A) and (3B) into rule 55 of the principal Rules. New paragraph (3A) requires prison officers or employees who have copied the contents of a letter or package to provide a copy to the prisoner that letter or package was addressed to. New paragraph (3B) allows the prison officer or employee to retain the original copy of a letter or package which has been copied under rule 55(2) and return it on the prisoner’s release from prison.

No business and regulatory impact assessment has been prepared for these Rules as no impact upon business, charities or voluntary bodies is foreseen.