The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2000

Explanatory Note

(This note is not part of the Rules)

These Rules further amend the Prisons and Young Offenders Institutions (Scotland) Rules 1994 (S.I. 1994/1931) (“the principal Rules”).

In addition to minor and drafting amendments the Rules make the following substantive changes.

Amendments are made to the definition of appellant and the provisions in the principal Rules about prisoners' correspondence and visits to prisoners (rules 2, 5 and 8). The amendments take account of the establishment of the Scottish Criminal Cases Review Commission.

The definition of “Governor” is amended to clarify the definition applicable under directions made under particular rules (rule 2).

An amendment is made to rule 18 of the principal Rules (prisoners' own clothing) which has the effect that only untried prisoners are entitled to wear their own clothing (rule 3). New provision is made in relation to other prisoners, by inserting new rule 18A which provides that, for those prisoners, it is for the Governor to decide if the prisoner should be permitted to wear his own clothing (rule 4). There are consequential amendments to rules 19 and 100 (rules 5 and 14).

Rule 62A of the principal Rules is amended to make provision for visits to prisoners by members of the Scottish Parliament (rule 7).

An amendment is made to rule 70 of the principal Rules (work opportunities) extending the range of work the Governor may provide to include voluntary work outside the prison (rule 9). A similar amendment is made to rule 123A of the principal rules (temporary release for work or educational placements or attendance at medical facilities) extending the purposes for which the Governor may grant temporary release to include unescorted voluntary work outside the prison (rule 19).

Amendments are made to rule 80 of the principal Rules (rule 10). The amendments provide that the period of time that a prisoner may continue to be removed from association under the first and any subsequent authorities granted by the Scottish Ministers is one month. New provision is also made, by inserting new paragraph 8A giving the Governor a discretion to allow prisoners who have been removed from association under rule 80(1) to associate with each other for the purpose of engaging or taking part in a prescribed activity.

An amendment is made to rule 85A of the principal Rules to extend the maximum period in which a prisoner may be temporarily confined to his cell or room from half an hour to one hour (rule 11).

Rule 95 of the principal Rules is amended (rule 13). The amendments provide that the period of time that a prisoner may continue to be removed from association under the first and subsequent authorities granted by the Scottish Ministers following a suspected breach of discipline is one month. The amendments also require a medical officer to visit the prisoner as soon as practicable and thereafter at least once in every seven days.

An amendment is made to rule 100A of the principal Rules to deal with the situation in which an untried prisoner who has been found guilty of a breach of discipline and received an award of additional days is subsequently sentenced to imprisonment or sentenced to detention under section 208 of the Criminal Procedure (Scotland) Act 1995. At present, rule 100A(8) allows the punishment to have effect but under rule 100A(5) an award of additional days cannot exceed one-sixth of the prisoner’s sentence. Accordingly, the award of additional days falls if it exceeds one-sixth of the prisoner’s sentence. The amendment provides that in those circumstances, the award will be deemed to be one-sixth of the prisoner’s sentence thereby enabling the punishment to have effect (rule 15).

An amendment is made to Schedule 4 to the principal Rules to increase the membership of the visiting committee of Perth and omit the reference to the visiting committee of Friarton to reflect the merger of Friarton Prison with Perth Prison on 13th December 1999. An amendment is also made to omit the references to the visiting committees of Dungavel, Longriggend and Penninghame to reflect the discontinuance of these prisons on 7th July 2000 (Longriggend and Penninghame) and 28th July 2000 (Dungavel) under the Discontinuance of Prisons (Scotland) Order 2000 (rule 22). Rule 23 makes saving and transitional provisions in relation to the visiting committees for the prisons that are to discontinue.

Minor drafting amendments are made to rules 91, 120, 120A, 121, 126 and 141 of the principal Rules (rules 12, 16 to 18, 20 and 21 respectively).