The Prisons and Young Offenders Institutions (Scotland) Rules 2011 No. 331

PART 8 S COMMUNICATIONS

PRISONERS' CORRESPONDENCE AND OTHER COMMUNICATIONS S

Current affairs S

53.—(1) Subject to paragraph (2), every prisoner may keep informed of current affairs by means of—

(a) books, newspapers, periodicals or a radio; and

(b) any other medium the Governor may allow.

(2) The Governor may restrict, or impose conditions as to, the exercise of the entitlement referred to in paragraph (1) where the Governor considers it is necessary in order to—

(a) protect the prisoner from self-injury; or

(b) prevent the prisoner from injuring others.

Prisoners' correspondence S

54.—(1) Subject to rules [F1 55 to 57 and 60], a prisoner may send and receive letters and packages by means of the postal service, or otherwise.

(2) Nothing in these Rules gives a prisoner any right to send or receive electronic communications.

Textual Amendments

F1 Words in rule 54(1) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(8)

[F2 Restrictions on general correspondence to and from the prisoner S

55.— (1) This rule applies to any letter or package, other than one to which rule 56 or 57 applies, which a prisoner wishes to send or which is addressed to a prisoner.

(2) An officer or employee may open a letter or package to which this rule applies and remove [F3 , copy and, for the purposes of investigating whether it contains a prohibited article or unauthorised property, test] the contents of that letter or package.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, the officer or employee may ask the prisoner to be present when the letter or package is opened or its contents removed.

[F4 (3A) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee must provide the copy to the prisoner.

(3B) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee may retain the letter or package for return to the prisoner upon his or her release.]

(4) The contents of a letter or package to which this rule applies may only be read by an officer or employee—

(a) in the circumstances specified in a direction by the Scottish Ministers made under paragraph (7); and

(b) in accordance with any conditions specified in a direction by the Scottish Ministers made under paragraph (7).

(5) Subject to paragraph (6), where a letter or package to which this rule applies is, or is found to contain anything, in contravention of the restrictions specified in a direction by the Scottish Ministers made under paragraph (7), an officer or employee may—

(a) prevent the letter or package, or the contents of the letter or package, from being sent or from being received by the prisoner; and

(b) deal with the letter or package, or the contents of the letter or package, in accordance with such arrangements as may be specified in a direction by the Scottish Ministers made under paragraph (7).

(6) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(7) The Scottish Ministers may specify in a direction any of the following matters in relation to letters and packages to which this rule applies—

(a) the circumstances in which a letter or package may be read;

(b) the conditions under which a letter or package may be read;

(c) the officers or employees who may be authorised to read a letter or package;

(d) the restrictions as to the number of letters or packages which a prisoner may send;

(e) the restrictions as to the amount of money (whether in the form of cash, cheques, bankers’ drafts or otherwise) which a prisoner may send or receive in a letter or package;

(f) the times and frequency at which a prisoner may send or receive money (whether in the form of cash, cheques, bankers’ drafts or otherwise) in a letter or package;

(g) the persons, authorities and organisations to whom a prisoner is prohibited from sending a letter or package;

(h) the restrictions or conditions which apply where a prisoner wishes to send a letter or package to a person, authority or organisation with whom the prisoner is not prohibited from corresponding;

(i) the general nature and description of letters or packages which a prisoner is not permitted to send or receive; and

(j) the arrangements in accordance with which a letter or package, or the contents of a letter or package, may be dealt under paragraph (5)(b).]

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

F3 Words in rule 55(2) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(3)(a)

F4 Rule 55(3A)(3B) inserted (13.12.2021) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2021 (S.S.I. 2021/446), rules 1, 2(3)(b)

[F2 Opening and reading of confidential correspondence S

56.— (1) This rule applies to a letter or package which can be clearly identified, from the outer face of the envelope or packaging, as containing or comprising confidential correspondence.

(2) An officer or employee must not open a letter or package to which this rule applies, or remove the contents of that letter or package, unless—

(a) the officer or employee has cause to believe that it contains a prohibited article or unauthorised property; or

(b) the officer or employee has reasonable cause to believe that the contents of the letter or package may—

(i) endanger the security of the prison;

(ii) endanger the safety of any person; or

(iii) relate to a criminal activity.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, under paragraph (2), the officer or employee must—

(a) inform the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for opening the letter or package or removing its contents; and

(b) ensure that the prisoner is present when the letter or package is opened or its contents removed, unless the prisoner refuses, or does not wish, to be present.

(4) The contents of a letter or package to which this rule applies must not be read by an officer or employee unless that officer or employee has—

(a) been authorised by the Governor to do so under paragraph (5); and

(b) informed the prisoner of the reason for reading the contents of the letter or package.

(5) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(c) relate to a criminal activity.

(6) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(7) In this rule—

“confidential correspondence” means court correspondence, legal correspondence, medical correspondence or privileged correspondence;

“court” includes, but is not limited to, the sheriff, the High Court of Justiciary, the Court of Session, the European Court of Justice, the European Court of Human Rights, the International Criminal Court, the Supreme Court, the First-tier Tribunal (Immigration and Asylum Chamber), the Upper Tribunal (Immigration and Asylum Chamber), the Scottish Criminal Cases Review Commission and the Parole Board for Scotland;

“court correspondence” means a letter or package which is—

(a)

addressed to a court and which a prisoner gives to an officer or employee for the purpose of sending to that court; or

(b)

sent to a prisoner at the prison by a court;

“legal correspondence” means a letter or package which is—

(a)

addressed to a legal adviser and which a prisoner gives to an officer or employee for the purpose of sending to that legal adviser; or

(b)

sent to a prisoner at the prison by a legal adviser;

“medical correspondence” means a letter or package which contains personal health information about a relevant prisoner and is—

(a)

addressed to a registered medical practitioner and given to an officer or employee by the relevant prisoner for the purpose of sending to that registered medical practitioner; or

(b)

sent to the relevant prisoner at the prison by a registered medical practitioner;

“privileged correspondence” means a letter or package which is—

(a)

addressed to a person, authority or organisation specified in a direction made by the Scottish Ministers and which a prisoner gives to an officer or employee for the purpose of sending to that person, authority or organisation; or

(b)

sent to a prisoner at the prison by a person, authority or organisation specified in a direction made by the Scottish Ministers;

“relevant prisoner” means a prisoner who—

(a)

is certified as having a life-threatening illness by the registered medical practitioner from whom the prisoner is receiving treatment for that illness; and

(b)

has obtained the Governor’s prior consent to communicate with that registered medical practitioner in confidence.]

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

[F2 Confidential correspondence which cannot be clearly identified S

57.— (1) This rule applies to a letter or package which—

(a) cannot be clearly identified from the outer face of the envelope or packaging as containing or comprising confidential correspondence;

(b) an officer or employee has opened, and removed the contents thereof, under rule 55(2);

(c) the officer or employee proposes to read in accordance with rule 55(4); and

(d) the officer or employee subsequently identifies as containing or comprising confidential correspondence.

(2) From the moment that an officer or employee identifies a letter or package to which this rule applies as containing or comprising confidential correspondence, that letter or package must be treated in accordance with paragraphs (3) and (4).

(3) The contents of a letter or package to which this rule applies must not be read by an officer or employee unless that officer or employee has—

(a) been authorised by the Governor to do so under paragraph (4); and

(b) informed the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for reading the contents of the letter or package.

(4) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(c) relate to a criminal activity.

(5) In this rule “confidential correspondence” has the meaning given by rule 56(7).]

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

Opening and reading of correspondence from and to medical practitioners S

F2 58.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

Privileged correspondence S

F2 59.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Rules 55-57 substituted for rules 55-59 (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(9)

[F5 Restriction on communications S

60.— (1) Any person who does not want to receive any communication from a prisoner may make a request to the Governor to prevent or restrict that prisoner from communicating with that person.

(2) Where the Governor receives a request under paragraph (1), the Governor may take such reasonable steps as the Governor considers appropriate to prevent or restrict communication from that prisoner to that person.

(3) The Scottish Ministers may make provision in a direction made under rules 55(7), 62(10) or 62A(11) in relation to the operation of this Rule.

(4) For the purposes of this Rule, “communication” means—

(a) written correspondence;

(b) calls made from a communal telephone or an in-cell telephone; or

(c) calls made from an authorised personal communication device.]

Textual Amendments

F5 Rule 60 substituted (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(5)

Provision of writing materials and payment of postage S

61.—(1) Subject to paragraphs (2) and (3) every prisoner must be allowed to send one letter every week, the postage for which must be paid for by the Scottish Ministers, and the Governor must provide the prisoner with the necessary writing materials for this purpose.

(2) The writing materials which must be provided by the Governor under paragraph (1) are as follows—

(a) a ballpoint pen;

(b) one sheet of writing paper and a reasonable number of further sheets if the prisoner so requires; and

(c) an envelope.

(3) The Governor may allow the prisoner to send more than one letter every week at the expense of the Scottish Ministers if it appears to the Governor that this is justified in the prisoner's circumstances.

[F6 Communication by communal telephone or in-cell telephone S

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

F6 Rules 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)

[F6 Communication by authorised personal communication device S

62A.— (1) The entitlement of a prisoner to possess and use an authorised personal communication device under this rule is subject to—

(a) the terms of any authorisation made under section 41ZB(8) of the Act;

(b) the provisions of rule 60 and this rule; and

(c) the provisions of any direction made under paragraph (11).

(2) A prisoner is entitled to possess and use an authorised personal communication device where—

(a) the Scottish Ministers have authorised the possession and use of authorised personal communication devices in the prison under section 41ZB(8) of the Act; and

(b) the Governor has provided an authorised personal communication device to the prisoner.

(3) The Governor may impose restrictions as to—

(a) the parts of a prison in which a prisoner may possess or use an authorised personal communication device;

(b) the times of day during which a prisoner may use an authorised personal communication device.

(4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—

(a) different classes of prisoners;

(b) different parts of the prison; and

(c) different types of authorised personal communication device.

(5) The Governor may restrict or remove a prisoner’s entitlement to possess and use an authorised personal communication device—

(a) in accordance with rule 60; or

(b) in accordance with any direction made under paragraph (11).

(6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).

(7) The Governor must inform a prisoner in writing of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to possess and use an authorised personal communication device.

(8) A prisoner must not possess, or use, an authorised personal communication device which was not provided to the prisoner by the Governor for use by that prisoner.

(9) A prisoner must not—

(a) tamper with any authorised personal communication device or cause someone else to tamper with the device; or

(b) intentionally damage or destroy any authorised personal communication device or cause someone else so to damage or destroy the device.

(10) A prisoner must return any authorised personal communication device in the prisoner’s possession to an officer where the officer orders the prisoner to do so.

(11) The Scottish Ministers may specify in a direction—

(a) the conditions applicable to the possession and use of an authorised personal communication device by a prisoner;

(b) the circumstances in which, and the grounds on which, a prisoner’s entitlement to possess and use an authorised personal communication device can be restricted or removed by the Governor;

(c) the numbers which a prisoner may, or may not, call on an authorised personal communication device;

(d) the circumstances in which, and the means by which, calls made by a prisoner from an authorised personal communication device are to be logged, monitored and recorded.

(12) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from an authorised personal communication device.

(13) Paragraph (14) applies where a prisoner possesses or uses an authorised personal communication device in breach of—

(a) the terms of any authorisation made under section 41ZB(8) of the Act;

(b) the provisions of this rule; or

(c) the provisions of any direction made under paragraph (11) of this rule.

(14) Where this paragraph applies—

(a) the prisoner may be charged with a breach of discipline under Part 11; and

(b) the Governor may report the matter to the police where the Governor considers that an offence may have been committed under sections 41 or 41ZA of the Act.]

Textual Amendments

F6 Rules 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)

PRISON VISITS S

Visits by persons of a prisoner's choice S

63.—(1) This rule applies to visits to a prisoner (other than an untried prisoner or a civil prisoner) by any person with whom the prisoner wishes to communicate.

(2) Subject to paragraph (3) and rules 77 and 78, the Governor must allow a prisoner, at such times as the Governor considers reasonable, either—

(a) not less than 30 minutes in any period of 7 consecutive days; or

(b) not less than 2 hours in any period of 28 consecutive days,

for the purposes of receiving visits in terms of this rule.

(3) Any prisoner who does not use the full allowance of visits calculated in accordance with paragraph (2) within any period of 28 consecutive days shall lose the right to receive the visits that have not been used within that period unless that prisoner has obtained the permission of the Governor to accumulate visits under rule 65.

(4) The number of persons who may be allowed to visit a prisoner at any time is at the discretion of the Governor.

(5) Where a prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer; and

(b) within the hearing of an officer unless the Governor has otherwise authorised.

(6) Where the Scottish Ministers consider that it is not practicable to allow prisoners the minimum periods for visits specified in paragraph (2) due to the circumstances pertaining in, or the facilities available at, any prison, they may by direction provide that paragraph (2) will apply in relation to prisoners of that prison subject to such reduced minimum periods as may be specified in the direction.

(7) A direction made by the Scottish Ministers in terms of paragraph (6) will only have effect for a period of one month, at the end of which period the circumstances pertaining in, and the facilities available at, the prison in question must be reconsidered by the Scottish Ministers before any further direction is made under paragraph (6).

(8) A prisoner is entitled to receive a visit from a person who is—

(a) a prisoner detained at, or on temporary release from, another prison; or

(b) a prisoner on temporary release from the same prison,

only in exceptional circumstances and where the Governor of the prison, or the Governors of the prisons involved give consent and, in the event that any Governor refuses consent, the prisoners concerned must be informed of the reasons for the refusal.

(9) This rule does not apply to visits which a prisoner may receive from a member of the chaplaincy team or by virtue of rules 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.

[F7 Visits to prisoners – coronavirus S

63A.— (1) For the duration of a coronavirus outbreak rules 63 to 76 are subject to this rule.

(2) Where the Governor considers it necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison, the Governor may suspend visits.

(3) In suspending visits under paragraph (2), the Governor may make different provision for different purposes including by reference to—

(a) different types of prisoners, and

(b) different types of visits under rules 63 to 76.

(4) The Governor must regularly review any suspension of visits ordered under this rule to assess whether it remains necessary and proportionate in response to the effects coronavirus is having, or is likely to have on or in relation to the prison.]

Textual Amendments

F7 Rule 63A inserted (7.4.2020 at 2.15 p.m.) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 (S.S.I. 2020/122), rules 1, 2(13)

Visits to untried and civil prisoners by persons of a prisoner's choice S

64.—(1) This rule applies to visits to an untried prisoner or a civil prisoner by any person with whom the prisoner wishes to communicate.

(2) An untried prisoner or a civil prisoner is entitled to receive—

(a) a visit of at least 30 minutes' duration in terms of this rule on any day of the week other than—

(i) a Saturday or Sunday; or

(ii) 1st January or 25th December in any year; and

(b) where the prisoner has not received a visit on every day of the preceding Monday to Friday, a visit of at least 30 minutes' duration on a Saturday or Sunday.

(3) An untried prisoner or a civil prisoner may, at the discretion of the Governor, receive a visit of such duration as the Governor thinks fit on a Saturday or Sunday or on 1st January or 25th December in any year.

(4) For the purposes of this rule—

(a) a visit under paragraphs (2) or (3) may take place during such hours and, subject to the other provisions of this rule, under such conditions as the Governor may specify; and

(b) the number of persons who may be allowed to visit a prisoner at any time is at the discretion of the Governor.

(5) Where an untried prisoner or a civil prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer, and

(b) within the hearing of an officer unless the Governor has otherwise authorised.

(6) Where the Scottish Ministers consider that it is not practicable to allow untried prisoners or civil prisoners the minimum period for visits specified in paragraph (2) due to circumstances pertaining in, or the facilities available at, any prison they may by direction provide that paragraph (2) will apply in relation to untried prisoners or civil prisoners in that prison subject to such reduced minimum periods as may be specified in the direction.

(7) A direction made by the Scottish Ministers in terms of paragraph (6) will only have effect for a period of one month, at the end of which period the circumstances pertaining in and the facilities available at the prison in question must be reconsidered by the Scottish Ministers before any further direction is made under paragraph (6).

(8) This rule does not apply to visits which a prisoner may receive from a member of the chaplaincy team or by virtue of rules 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.

Accumulated visits S

65.—(1) This rule applies to a prisoner who—

(a) is a life prisoner; or

(b) is serving a sentence of imprisonment for a term of more than 14 months and has served at least 6 months of that sentence.

(2) A prisoner to whom this rule applies may apply to the Governor for permission to accumulate visits under paragraph (4) for the purpose of receiving those visits at another prison but may only apply for such permission twice in a period of 12 months.

(3) An application made to the Governor under paragraph (2) must specify—

(a) when the prisoner wishes to start accumulating visits; and

(b) the prison to which the prisoner wishes to transfer for the purpose of receiving those accumulated visits.

(4) A prisoner to whom this rule applies who has obtained the Governor's permission under paragraph (2) may only accumulate visits by receiving none of the visits that the prisoner would otherwise be entitled to receive under rule 63 over a period of six months.

(5) Following approval by the Governor of an application made under paragraph (2), the Governor must contact the Governor of the prison to which the prisoner wishes to be transferred and both Governors must make arrangements for the transfer of the prisoner to that prison at the end of the period of six months specified in paragraph (4).

(6) A prisoner may only be transferred under paragraph (5) to another prison for such period of time as the Governors of the two prisons concerned may agree subject to a maximum period of two months, during which time the prisoner is entitled to receive all of the visits accumulated under paragraph (4).

(7) A prisoner may only be transferred under this rule to a prison which can provide an appropriate regime for the prisoner.

Visits by legal advisers S

66.—(1) A prisoner is entitled to receive a visit from his or her legal adviser, at any reasonable time, for the purposes of consulting about any legal matter in which the prisoner is or may be directly interested.

(2) Where a prisoner receives a visit by a legal adviser in terms of this rule, the visit—

(a) may take place within the sight of an officer; and

(b) must take place outwith the hearing of any officer.

(3) A legal adviser may use sound recording equipment to record the discussions with the prisoner during a visit in terms of this rule, subject to such conditions as the Governor may specify.

Visits by procurators fiscal S

67.—(1) A procurator fiscal or any person authorised by the procurator fiscal may, for the purpose of discharging his or her public duties, visit and examine a prisoner at any reasonable time.

(2) A visit to a prisoner by a procurator fiscal or any person authorised by the procurator fiscal may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of any officer unless the prisoner or the visitor requests otherwise.

Visits by F8 ... constables S

68.—(1) Subject to paragraph (2), a F8 ... constable F9 ... may visit or see a prisoner for one or more of the following purposes—

(a) to interview the prisoner, provided the prisoner is willing to be interviewed;

(b) to identify the prisoner;

(c) to charge the prisoner with an offence.

[F10 (2) A F8 ... constable may only visit or see a prisoner under paragraph (1) on production of the written authority of a procurator fiscal or [F11 a chief inspector] of the Police Service of Scotland.]

(3) A visit to a prisoner in terms of paragraph (1)(a) may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer unless the prisoner or the visitor requests otherwise.

Textual Amendments

F8 Word in rule 68(1)(2) and cross-heading omitted (24.3.2016) by virtue of The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(11)(a)

F9 Words in rule 68(1) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 39(a)

F10 Rule 68(2) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013 (S.S.I. 2013/119), art. 1, sch. 1 para. 39(b)

F11 Words in rule 68(2) substituted (24.3.2016) by The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2016 (S.S.I. 2016/131), rules 1, 2(11)(b)

Visits by representatives of diplomatic services and national or international authorities or organisations S

69.—(1) A prisoner who is a foreign national is entitled to communicate with and, if the representative so wishes, receive a visit at any reasonable time from a diplomatic representative of the prisoner's choice.

(2) A prisoner who is a refugee or stateless person is entitled to communicate with and, if the representative so wishes, receive a visit at any reasonable time from—

(a) a diplomatic representative of a state which the prisoner considers may look after his or her interests; or

(b) subject to such limit as to numbers of authorities or organisations as the Governor may reasonably impose, an authorised representative of national or international authorities or organisations whose principal purpose is to serve the interests of refugees or stateless persons or to protect the civil rights of such persons.

(3) Where a prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer unless either the prisoner or the visitor requests otherwise.

Special visits to certain prisoners in connection with further proceedings S

70.—(1) This rule applies to any prisoner who—

(a) is an untried prisoner;

(b) is a civil prisoner;

(c) is an appellant;

(d) has been remanded in custody following conviction to await sentence or further inquiry;

(e) is serving a sentence of imprisonment and who is subject to a further charge but only for so long as the proceedings in respect of the further charge are pending against him or her; or

(f) is serving a sentence of imprisonment and who is the respondent in an appeal by the Lord Advocate or the prosecutor under section 108 M1 or 175(3) M2 of the 1995 Act, but only for so long as the proceedings in respect of the appeal are pending against him or her.

(2) A prisoner to whom this rule applies is allowed a visit at any reasonable time to consult a registered medical practitioner or any other person, where the Governor considers it is in the interests of justice, for the purposes of—

(a) in the case of an untried prisoner, the proceedings in respect of which he or she is remanded in custody or complying with a condition of bail which requires the deposit of a sum of money pursuant to section 24(6) of the 1995 Act M3 ;

(b) in the case of a civil prisoner, the proceedings in respect of which he or she is committed to prison;

(c) in the case of an appellant, the appeal or, as the case may be, the reference;

(d) in the case of a prisoner mentioned in paragraph (1)(d), preparing representations to the court which will pass sentence or otherwise dispose of his or her case; or

(e) in the case of a prisoner mentioned in paragraph (1)(e) or (f), the proceedings in respect of the further charge or, as the case may be, the appeal.

(3) The number of persons who may be allowed to visit a prisoner at any time is at the discretion of the Governor.

(4) Where a prisoner receives a visit in terms of this rule other than a visit by a registered medical practitioner the visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer except where the Governor otherwise directs.

(5) Where a prisoner receives a visit by a registered medical practitioner in terms of this rule the visit must take place—

(a) outwith the sight of an officer unless the medical practitioner requests otherwise; and

(b) outwith the hearing of an officer.

Marginal Citations

M1 1995 c.46; section 108 was substituted by the Crime and Punishment (Scotland) Act 1997 (c.48), section 21 and was amended by the Crime and Disorder Act 1998 (c.37) section 94 and Schedule 6, paragraph 6, and also by the Proceeds of Crime Act 2002 (c.29) Part 3, section 115; section 108A was added by the Crime and Punishment (Scotland) Act 1997 (c.48), section 18 and was amended by the Crime and Disorder Act 1998 (c.37) section 119 and Schedule 8, paragraph 120.

M2 Section 175 was amended by Crime and Punishment (Scotland) Act 1997 (c.48), section 17, section 21, section 23, by the Crime and Disorder Act 1998 (c.37) section 119 and paragraph 123 of Schedule 8, by the Proceeds of Crime Act 2002 (c.29) Part 3, section 115, and also by the Protection of Children (Scotland) Act 2003 (asp 5), section 16.

M3 Section 24(6) was amended by the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) Schedule 1, paragraph 5.

Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament S

71.—(1) A prisoner is entitled to receive a visit from a member of Parliament, a member of the Scottish Parliament or a representative of the European Parliament.

(2) A visit to a prisoner by a member of Parliament, a member of the Scottish Parliament or a representative of the European Parliament may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of any officer unless the visitor requests otherwise or the Governor requires otherwise for reasons of security.

(3) A member of Parliament, a member of the Scottish Parliament or a representative of the European Parliament may, with the prisoner's consent, use sound recording equipment to record any interview held with the prisoner.

Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf S

72.—(1) The following persons may, for the purpose of discharging their public duties, visit a prisoner at any reasonable time with that prisoner's consent—

(a) the Parliamentary Commissioner for Administration or any person authorised to act on his or her behalf; and

(b) the Scottish Public Services Ombudsman, or any person authorised to act on his or her behalf.

(2) A visit to a prisoner by any of the persons mentioned in paragraph (1), may only take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of any officer unless the visitor requests otherwise or the Governor requires otherwise for reasons of security.

(3) The persons mentioned in paragraph (1), may, with the prisoner's consent, use sound recording equipment to record any interview held with the prisoner.

Visits by media representatives S

73.—(1) This rule applies to a person who visits, or seeks to visit, a prisoner—

(a) as a media representative in a professional or vocational capacity; or

(b) in circumstances where the person's visit is wholly or partially connected with the purposes of journalism, broadcasting or publishing.

(2) A Governor may permit visits to prisoners by persons to whom this rule applies only in exceptional circumstances and where satisfied that it is appropriate to permit such a visit.

(3) If the Governor intends to permit a visit to a prisoner for the purposes mentioned in paragraph (1) the Governor must require the visitor, before being admitted to the prison, to give a written undertaking to the effect that the visitor shall not—

(a) begin any interview, take any photographs or conduct any filming or sound recording, except with the express prior consent of both the prisoner and the Governor;

(b) conduct any such interview, take photographs or conduct filming or recording except in accordance with such other conditions as the Governor may specify;

(c) make any payment or gratuity to the prisoner or any other person in relation to the holding of the interview or any material obtained at it;

(d) use any material obtained at the interview, or any photographs, films or recordings so taken, for professional or vocational purposes and in particular for broadcast or use on, or transmission by, any form of electronic medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose; or

(e) use any material obtained at the interview, or any photographs, films or recordings so taken, for professional or vocational purposes and in particular for publication or use in any form of written medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose.

(4) A visit to a prisoner in terms of this rule may only take place in such area of the prison as the Governor may specify and must take place—

(a) within the sight of an officer; and

(b) within the hearing of an officer.

Visits by members of the Parole Board for Scotland S

74.—(1) A prisoner may receive a visit from members of the Parole Board for Scotland where the purpose of that visit is to interview the prisoner in terms of rule 15(3) of the Parole Board (Scotland) Rules 2001 M4 .

(2) Where a prisoner receives a visit in terms of this rule the visit—

(a) may take place within the sight of an officer; and

(b) must take place outwith the hearing of any officer unless the prisoner or the visitor otherwise requests.

Marginal Citations

M4 S.S.I. 2001/315.

Visits by members or employees of the Scottish Criminal Cases Review Commission S

75.—(1) A prisoner may receive a visit from one or two members or employees of the Scottish Criminal Cases Review Commission, or persons authorised by the Commission, for the purpose of assisting the Commission in the exercise of any of its functions.

(2) The persons mentioned in paragraph (1) may, with the consent of the prisoner, use sound recording equipment to record any interview held with the prisoner at the prison.

(3) Where a prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer unless the prisoner or the visitor otherwise requests.

Visits by persons in connection with disciplinary proceedings S

76.—(1) This rule applies to visits to a prisoner by a person where—

(a) the prisoner has been charged with a breach of discipline;

(b) the prisoner wishes to call, or is considering whether to call, that person as a witness at the inquiry into the charge; and

(c) the Governor holding the inquiry has agreed that the prisoner should have the opportunity to discuss with that person whether he or she could give evidence which would be relevant to the defence to the charge.

(2) A prisoner to whom this rule applies is allowed to receive a visit at any reasonable time from a person for the purpose of discussing whether that person could give evidence which would be relevant to the prisoner's defence to the charge.

(3) The number of persons who may be allowed to visit a prisoner at any time is at the discretion of the Governor.

(4) Where a prisoner receives a visit in terms of this rule, it must take place—

(a) within the sight of an officer;

(b) outwith the hearing of an officer except where the Governor otherwise directs or the visitor or prisoner otherwise requests; and

(c) under such conditions as the Governor may specify.

Restrictions and conditions applicable to visits under Part 8 S

77.—(1) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, he or she may—

(a) prohibit a prisoner from receiving a visit from any person in particular in terms of this Part; or

(b) terminate a visit to a prisoner which is taking place in terms of this Part.

(2) If, in the case of any visit taking place in terms of rule 73, the Governor considers that the terms of an undertaking given by the visitor under rule 73(3) have been breached or that there has been a contravention of any restrictions or conditions specified in a direction made by virtue of paragraph (3), the Governor may terminate the visit.

(3) The entitlement of a prisoner to receive visits in terms of this Part is subject to such restrictions and conditions as may be specified in a direction by the Scottish Ministers for the following purposes—

(a) to allow the use of video cameras and sound recording equipment for the monitoring of the visits area during visits to prisoners;

(b) to impose a prohibition on, or restrictions in relation to, the possession and use by prisoners and their visitors of photographic equipment, sound recording equipment and writing materials;

(c) to impose restrictions as to the introduction of, or possession or consumption of, food and drink by prisoners and their visitors during such visits; and

(d) to prescribe the terms of any written undertaking which may be required to be given pursuant to rule 73(3).

Closed visiting facilities S

78.—(1) The Governor may, for any reason specified in paragraph (2), order that any visits which a prisoner receives from a member of the chaplaincy team or for the purpose of rules 63 to 76 must be held in closed visiting facilities.

(2) The Governor may make an order under paragraph (1) for any of the following reasons—

(a) there are reasonable grounds for suspecting that the prisoner has previously obtained or is likely in the future to attempt to obtain, from any visitor, any prohibited article or any unauthorised property;

(b) the prisoner's behaviour makes it necessary for the purposes of security and control for any visit to be received in closed visiting facilities;

(c) any previous visit to the prisoner has been terminated in terms of rule 77(1) due to the conduct of the visitor;

(d) the visitor has previously been refused access to the prison; or

(e) the Governor is of the opinion that it is necessary to ensure, in relation to a visit for the purposes of rule 70, that the visit is required for any purpose specified in rule 70(2).

(3) The Governor may make an order under paragraph (1) in relation to any particular visit received in terms of any rule mentioned in paragraph (1) or in relation to every visit received in terms of any of those rules, but any order made in relation to every such visit must be reviewed by the Governor not less than once in every 3 months and may be revoked by the Governor at any time.

(4) No order under paragraph (1) may be made as a punishment in respect of a breach of discipline within the meaning of Part 11.

(5) For the purposes of this rule, “closed visiting facilities” means visiting facilities with special security features including physical barriers between prisoner and visitor.

[F12 Virtual visits S

78A.— (1) The entitlement of a prisoner to receive virtual visits under this rule is subject to—

(a) the provisions of this rule; and

(b) the provisions of any direction made under paragraph (10).

(2) A prisoner is entitled to receive virtual visits where—

(a) the Scottish Ministers have authorised the use of virtual visits in the prison in a direction made under paragraph (10); and

(b) facilities for virtual visits have been provided in the prison.

(3) The Governor may impose restrictions as to—

(a) the times of day during which a prisoner may receive a virtual visit; and

(b) the frequency of virtual visits that a prisoner may receive in any specified period.

(4) The Governor may impose different restrictions under paragraph (3) for different purposes including different restrictions for—

(a) different classes of prisoners; and

(b) different parts of the prison.

(5) The Governor may restrict or remove a prisoner’s entitlement to receive virtual visits in accordance with any direction made under paragraph (10).

(6) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (3).

(7) The Governor must inform a prisoner in writing, of any decision under paragraph (5) to restrict or remove the prisoner’s entitlement to receive virtual visits.

(8) Where a prisoner receives a virtual visit in terms of this rule, the virtual visit must take place—

(a) within the sight of an officer; and

(b) within the hearing of an officer unless the Governor has otherwise authorised.

(9) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, the Governor may—

(a) prohibit a prisoner from receiving a virtual visit from any specified person; or

(b) terminate a virtual visit which is taking place.

(10) The Scottish Ministers may specify in a direction—

(a) the prisons in which a prisoner may receive a virtual visit;

(b) the conditions applicable to the use of the facilities provided for receiving a virtual visit;

(c) the circumstances in which, and the grounds on which, a prisoner’s entitlement to receive virtual visits can be restricted or removed by the Governor; and

(d) the circumstances in which, and the means by which, virtual visits received by a prisoner 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 virtual visits.

(12) For the purposes of this rule, “virtual visit” means a visit which takes place—

(a) via a video-link;

(b) between a prisoner and either a relative or friend of the prisoner; and

(c) in such part of the prison as the Governor deems suitable.

(13) For the purposes of rules 63 to 78, “visit” does not include a virtual visit.]

Textual Amendments

F12 Rule 78A inserted (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(7)

Arrangements for securing release of prisoners committed to prison in default of payments S

79.—(1) This rule applies to any prisoner who is committed to prison—

(a) in default of payment of any sum which requires to be paid by virtue of any order of a court; and

(b) in circumstances where the prisoner may be released on payment of any sum.

(2) A prisoner to whom this rule applies is entitled to communicate at any reasonable time with any person for the purpose of arranging payment of the sum which would secure his or her release.