The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Imposition of special security measures

20.—(1) Subject to paragraphs (2) to (6), the Governor may impose special security measures, being measures which are separate from and additional to anything that can be done under Part 10 of these Rules, on any prisoner who is assigned high supervision level where the Governor considers that the imposition of these measures are necessary–

(a) in the interests of the health, welfare or safety of the prisoner or any other person; or

(b) to prevent an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody.

(2) The Governor, if minded to impose special security measures on a prisoner (other than an untried prisoner), shall–

(a) provide the prisoner with a written notice stating–

(i) the measures that are to be imposed;

(ii) the reasons why they are to be imposed; and

(iii) the procedure by which the prisoner may make written representations in relation to the imposition of the special security measures; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in considering the matter.

(3) If the Governor is of the opinion that any document or other information of which the Governor was aware and to which he or she has had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 18(3), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

(4) In a case to which paragraph (2) applies, the Governor shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the imposition of special security measures; and

(b) if special security measures are imposed, provide the prisoner with a written statement of reasons for this decision.

(5) The Governor shall not be prevented from imposing special security measures on a prisoner on a provisional basis without having recourse to the procedure at paragraphs (2), (3) and (4) where the Governor considers that the immediate, provisional, imposition of the measures is necessary for either of the purposes in paragraph (1)(a) or (b):

• Provided that–

  (a)

  the prisoner is informed in writing of the provisional imposition of the special security measures; and

  (b)

  the procedure referred to at paragraphs (2), (3) and (4) is commenced within 48 hours of the provisional imposition of the special security measures.

(6) If the Governor decides that the provisional imposition of the special security measures does not require to extend beyond a 48 hour period, then the procedure referred to at paragraphs (2), (3) and (4) shall not apply, and the prisoner shall be informed in writing, within 24 hours of the Governor’s decision, that the special security measures are no longer provisionally imposed.