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62.—(1) The entitlement of a prisoner to use a communal telephone or an in-cell telephone under this rule is subject to—
(a)the provisions of rule 60 and this rule; and
(b)the provisions of any direction made under paragraph (10).
(2) A prisoner is entitled to use a communal telephone.
(3) A prisoner is entitled to use an in-cell telephone where—
(a)the Scottish Minsters have authorised the use of in-cell telephones in the prison in a direction made under paragraph (10); and
(b)an in-cell telephone has been installed in the prisoner’s cell or room.
(4) The Governor may impose restrictions as to the times of day during which a prisoner may use a communal telephone or an in-cell telephone.
(5) The Governor may impose different restrictions under paragraph (4) for different purposes including different restrictions for—
(a)different classes of prisoners;
(b)different parts of the prison; and
(c)different types of telephone.
(6) The Governor may restrict or remove a prisoner’s entitlement to use a communal telephone or an in-cell telephone—
(a)in accordance with rule 60; or
(b)in accordance with any direction made under paragraph (10).
(7) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (4).
(8) The Governor must inform a prisoner in writing of any decision under paragraph (6) to restrict or remove the prisoner’s entitlement to use a communal telephone or an in-cell telephone.
(9) A prisoner must not—
(a)tamper with a communal telephone or an in-cell telephone or cause someone else to tamper with the telephone; or
(b)intentionally damage or destroy a communal telephone or an in-cell telephone or cause someone else so to damage or destroy the telephone.
(10) The Scottish Ministers may specify in a direction—
(a)the prisons in which a prisoner may use an in-cell telephone;
(b)the conditions applicable to the use of a communal telephone or an in-cell telephone by a prisoner;
(c)the circumstances in which, and the grounds on which, a prisoner’s entitlement to use a communal telephone or an in-cell telephone can be restricted or removed by the Governor;
(d)the numbers which a prisoner may, or may not, call on a communal telephone or an in-cell telephone;
(e)the circumstances in which, and the means by which, calls made by a prisoner from a communal telephone or an in-cell telephone are to be logged, monitored and recorded.
(11) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from a communal telephone or in-cell telephone.]
Textual Amendments
F1Rules 62, 62A substituted for rule 62 (15.6.2020 at 2.00 p.m.) by The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 (S.S.I. 2020/175), rules 1, 2(6)
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