PART 8COMMUNICATIONS

Special visits to certain prisoners in connection with further proceedings70.

(1)

This rule applies to a prisoner who–

(a)

is an untried prisoner;

(b)

is a civil prisoner;

(c)

is an appellant;

(d)

has been remanded in custody following conviction to await sentence or further inquiry; or

(e)

is serving a sentence of imprisonment and who is–

(i)

subject to a further charge; or

(ii)

the respondent in an appeal by the Lord Advocate or the prosecutor under section 10874 or 175(3)75 of the 1995 Act,

but shall apply to such a prisoner only for so long as the proceedings in respect of the further charge or the appeal are pending against him.

(2)

A prisoner to whom this rule applies shall be allowed a visit at any reasonable time to consult a registered medical practitioner, where the Governor considers it is in the interests of justice, or any other person for the purposes of–

(a)

in the case of an untried prisoner, the proceedings in respect of which he or she is remanded in custody or complying with a condition of bail which requires the deposit of a sum of money pursuant to section 24(6) of the 1995 Act76;

(b)

in the case of a civil prisoner, the proceedings in respect of which he or she is committed to prison;

(c)

in the case of an appellant, the appeal or, as the case may be, the reference;

(d)

in the case of a prisoner mentioned in paragraph (1)(d), preparing representations to the court which will pass sentence or otherwise dispose of his or her case; or

(e)

in the case of a prisoner mentioned in paragraph (1)(e), the proceedings in respect of the further charge or, as the case may be, the appeal.

(3)

The number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(4)

Where a prisoner receives a visit in terms of this rule–

(a)

the visit shall take place within the sight of an officer; but

(b)

no officer shall listen to any conversation between the prisoner and the visitor–

(i)

in the case of a visit by a registered medical practitioner, under any circumstances; and

(ii)

in the case of any other visitor, except where the Governor otherwise directs.