PART 4

ACCOMMODATION, CLOTHING, HYGIENE AND FOOD

Untried and civil prisoners wearing their own clothing
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1
An untried or civil prisoner may wear his or her own clothing.
2
Paragraph (1) does not apply if—
a
the prisoner has received a punishment under rule 114(1)(e); or
b
the Governor has ordered the prisoner to wear other appropriate clothing for any of the reasons specified in paragraph (4).
3
The Governor may revoke any order under paragraph 2(b) when it is appropriate to do so.
4
For the purposes of paragraph (2)(b) the reasons are that—
a
the Governor considers that the prisoner’s clothing—
i
is in poor condition or too unsanitary to clean;
ii
may be prejudicial to security, good order or discipline within the prison; or
iii
is incompatible with the facilities at, or management of, the prison;
b
the Governor receives advice from a healthcare professional that—
i
the prisoner’s clothing is prejudicial to the prisoner’s health; or
ii
special clothing is required on health grounds;
c
special or protective clothing is required for particular work or activities being undertaken by the prisoner;
d
particular clothing is or may be required for the purposes of legal proceedings; or
e
a direction made under paragraph (5) is in force.
5
The Scottish Ministers may make a direction for the purposes of specifying—
a
the types of clothes that a prisoner may or may not wear;
b
whether it is appropriate to allow prisoners to wear or be prohibited from wearing their own clothing;
c
that the matters in sub-paragraphs (a) and (b) apply to specific prisoners, categories or classes of prisoner; and
d
that the matters in sub-paragraphs (a) and (b) apply to parts of a prison, within a particular prison or across a class of prisons.