PART 3

SUPERVISION LEVELS

Assigning certain supervision levels on review
21
1
This rule applies to the assignment of a prisoner's supervision level in the following circumstances:—
a
the prisoner is assigned a higher supervision level than that previously assigned to the prisoner; or
b
a supervision level other than low supervision level is assigned to a prisoner who is—
i
a long-term prisoner who is eligible to be considered by the Parole Board for Scotland in terms of Part I of the 1993 Act;
ii
a life prisoner who has served the part of his or her sentence specified in an order made under section 2(3) of the 1993 Act ; or
iii
a long-term prisoner or life prisoner who has not yet served the part of his or her sentence specified in sub-paragraph (i) or (ii), as the case may be, but who has served such part of his or her sentence as may be specified in a direction made by the Scottish Ministers.
2
Prior to the assignment of a supervision level to which this rule applies, the Governor must provide the prisoner with a written notice informing the prisoner of—
a
the supervision level that it is proposed should be assigned to the prisoner;
b
the reasons for that proposal; and
c
the procedure by which the prisoner may make written representations in relation to the proposed assignment of the supervision level.
3
The Governor must, if asked to do so by the prisoner concerned, but subject to rule 27, provide the prisoner with—
a
a copy of any document to which the Governor has had regard in considering the matter; and
b
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.
4
The Governor must—
a
consider any representations made by the prisoner prior to making a decision in relation to the assignment of a supervision level; and
b
if the supervision level is assigned in circumstances as mentioned in paragraph (1), provide the prisoner with a written statement of reasons for his or her decision.
1993 c.9; section 2 was amended as follows: by the Crime and Punishment (Scotland) Act 1997 (c.48), section 16; by the Convention Rights (Compliance) (Scotland) Act 2001 (asp 7), section 1; and by the Criminal Justice (Scotland) Act 2003 (asp 7), section 29 and Schedule 1, paragraph 1.