PART 7

PRIVILEGES AND PRISONERS’ PERSONAL PROPERTY

Privileges
45
1
The Governor must establish, a system of privileges for the prisoners detained in the prison.
2
The system of privileges may contain different provision for—
a
different categories of prisoners; and
b
prisoners detained in specific parts of the prison.
3
A system of privileges established under paragraph (1) may include provision in relation to—
a
the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner’s cell or room;
b
the arrangements whereby a prisoner may purchase items within, or outwith, the prison;
c
the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88;
d
the arrangements whereby a prisoner may have tobacco in his or her possession;
e
the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and
f
any other matter as may be specified in a direction made by the Scottish Ministers under this rule.
4
A system of privileges established under paragraph (1) cannot—
a
prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules,
b
provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or
c
provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b).
5
The Governor must ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to—
a
the application to the prisoner of the system of privileges established under this rule; and
b
the circumstances in which privileges may be withdrawn.
6
The Governor must give reasons to a prisoner where the Governor takes a decision to—
a
withdraw any privilege enjoyed by the prisoner; or
b
refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner.