PART 5

HEALTH AND WELFARE

Arrangements for care outwith prison
39
1
Where the Governor receives a recommendation from a healthcare professional that the condition of a prisoner’s health requires the prisoner to be—
a
referred to a medical practitioner or a specialist outwith the prison; or
b
treated at a medical facility outwith the prison,
the Governor must comply with paragraph (2) or paragraph (3).
2
The Governor must grant the prisoner a period of unescorted release for health reasons where—
a
the prisoner is an eligible prisoner for the purposes of rule 134(2); and
b
the Governor considers that it is appropriate to grant temporary release to the prisoner under rule 135.
3
The Governor must arrange for the escorted release of the prisoner to the medical practitioner, specialist or medical facility outwith the prison where—
a
the prisoner is not an eligible prisoner for the purposes of rule 134(2); or
b
the Governor considers that it is not appropriate to grant temporary release to the prisoner under rule 135.
4
In this rule “unescorted release for health reasons” has the same meaning as in rule 136.
Rule 39 substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(5)