The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Searching of visitors

102.—(1) Without prejudice to any power of search referred to in the Act, an officer may ask a visitor to consent to a search or searches in accordance with the provisions of this rule of–

(a) their person and any of their personal possessions;

(b) their open mouth, but without the use of force or any instruments; and

(c) where the visitor is in charge of any vehicle which they intend to take into any area forming part of the premises of the prison, that vehicle.

(2) Where the visitor has given consent to a search or searches in accordance with paragraph (1), a search thereunder may take place–

(a) prior to their admission to the part of the prison where the visit is to take place; and

(b) where the Governor considers that–

(i) the visitor has failed to comply with rule 101(3) or (4) or;

(ii) in the case of any visit taking place in terms of rule 63(8), 64(6)) or 73, the terms of any undertaking mentioned in any of those provisions have been breached or that there has been a contravention of any restrictions or conditions specified in the direction by virtue of rule 77(3),

in addition to a search on admission, at any time whilst the visitor is in the prison.

(3) Where the visitor has given consent to a search or searches in accordance with paragraph (1)(c), the search of the vehicle may also be made prior to the visitor’s leaving the prison.

(4) Where a visitor is searched with their consent in terms of paragraph (1)–

(a) except in the case of a search mentioned in paragraph (1)(b), the officer carrying out the search shall be of the same sex as the visitor; and

(b) the search shall be carried out as expeditiously and decently as possible.

(5) A visitor shall not be asked in terms of paragraph (1) to remove, nor shall a search thereunder involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear.

(6) A search of a visitor’s personal possessions (including any item of clothing which he or she may be asked to remove in terms of paragraph (5)) or of any vehicle under paragraph (1) may, in addition to being carried out by hand but subject to paragraphs (5) and (8), be carried out–

(a) by the use of equipment involving–

(i) the application of a suction device or a swab on or to such possessions or such a vehicle (or anything in it) in order to collect particles from their surface; and

(ii) the analysis of such particles for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(b) by the use of equipment designed to detect the existence of metal objects; and

(c) in accordance with such procedures and conditions as may be specified in a direction by the Scottish Ministers.

(7) Where in the course of a search undertaken in accordance with paragraph (1) an officer finds any prohibited article, he or she may seize and detain that article.

(8) Where a visitor is searched by an officer under section 41(2A) of the Act–

(a) the officer carrying out the search shall be of the same sex as the visitor;

(b) subject to sub paragraph (d), the search shall be undertaken outwith the sight of any prisoner, any other visitor or officers who are not of the same sex as the visitor;

(c) the search shall be carried out as expeditiously and decently as possible; and

(d) where the visitor is under 16 years of age, the search shall be carried out in the presence of an accompanying adult.