PART 1GENERAL

Application of Rules3.

(1)

Subject to paragraphs (2) to (4), these Rules apply to prisons and young offenders institutions and to any person who is required to be detained in any such prison or institution.

(2)

Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to—

(a)

a person sentenced under section 205 of the 1995 Act43 to be detained without limit of time or for life and who is directed or sentenced to be detained in a prison or a young offenders institution;

(b)

persons on whom detention in a young offenders institution has been imposed under section 207(2) of the 1995 Act44; and

(c)

a person sentenced to be detained under section 20845 of the 1995 Act and who is directed to be detained in a prison or a young offenders institution,

as they apply to prisoners who are serving sentences of imprisonment.

(3)

Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to any other person on whom imprisonment, or as the case may be detention in a young offenders institution, has been imposed or who is committed to prison, including persons who are imprisoned or detained—

(a)

under section 219 of the 1995 Act (imprisonment for non payment of fine)46 or, by virtue of that section, under section 207 of that Act (detention of young offenders)47;

(b)

for examination or trial on any criminal charge;

(c)

by virtue of remand in custody under the Extradition Act 200348;

(d)

by virtue of detention under Schedule 2 or 3 to the Immigration Act 197149;

(e)

by virtue of non compliance with an order under section 45 of the Court of Session Act 198850;

(f)

under section 4 or 6 of the Civil Imprisonment (Scotland) Act 188251;

(g)

by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 194052;

(h)

for contempt of court or for non payment of a fine for contempt of court;

(i)

for breach of interdict; and

(j)

by virtue of, or by virtue of any rules or regulations made under, the Armed Forces Act 200653 or the Courts-Martial (Appeals) Act 196854,

as they apply to persons serving sentences of imprisonment.

(4)

Any reference in paragraphs (1) to (3) to a person sentenced to imprisonment or other detention includes a person who is detained in a prison or young offenders institution and is—

(a)

by virtue of section 26 of the Criminal Justice Act 196155, Schedule 1 to the Crime (Sentences) Act 199756 or the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 199857, treated for any purpose as if his or her sentence had been an equivalent sentence passed by a court in Scotland; or

(b)

serving a sentence of imprisonment or detention by virtue of a warrant authorising his or her detention which has been issued under the Repatriation of Prisoners Act 198458.