The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Appeals in relation to disciplinary proceedings

111.—(1) A prisoner who is found guilty of any breach of discipline may appeal in accordance with this rule–

(a) against such a finding of guilt and any punishment imposed in respect of the breach; or

(b) in the case of any punishment imposed under rule 100(1), against the punishment only.

(2) A prisoner may make such an appeal–

(a) where any officer other than the Governor in charge of the prison adjudicated the charge, by appealing in writing to the internal complaints committee; or

(b) where the Governor in charge of the prison adjudicated the charge, by appealing to the Secretary of State.

(3) Where a prisoner makes an appeal in terms of paragraph (2)(a) to the internal complaints committee–

(a) the appeal shall be dealt with as a complaint made under rule 106; and

(b) if recommended to do so by the committee, the Governor may–

(i) quash any finding of guilt; or

(ii) remit or mitigate any punishment (other than a punishment imposed under sub-paragraph (b), (d), (g) or (i) of rule 100(1) where the period for which the punishment was imposed has expired by the date of the decision of the appeal).

(4) If a prisoner who has appealed in terms of paragraph (2)(a) to the internal complaints committee is dissatisfied with the decision of the committee and refers the matter to the Governor under rule 107, or subsequently to the Secretary of State under rule 109–

(a) the powers of the Governor under rule 107(6) shall include the same powers as mentioned in paragraph (3)(b); and

(b) the powers of the Secretary of State under rule 109(5) shall include the power to instruct the Governor–

(i) to quash any finding of guilt;

(ii) to remit or mitigate any punishment (other than a punishment imposed under sub-paragraph (b), (d), (g) or (i) of rule 100(1) where the period for which the punishment was imposed has expired by the date of the decision of the appeal); or

(iii) to substitute another punishment which is, in the Secretary of State’s opinion, less severe.

(5) Where a prisoner makes an appeal in terms of paragraph (2)(b) to the Secretary of State–

(a) the appeal shall be dealt with as a complaint referred to him under rule 109; and

(b) the powers of the Secretary of State under rule 109(5) shall include the same powers as mentioned in paragraph (4)(b).

(6) Following the conclusion of the appeals procedure in relation to an appeal in accordance with this rule, a prisoner shall not be entitled to make any further request, complaint or appeal under this Part of these Rules in relation to the same matter to which the breach of discipline in question related, except for any request which he may make in terms of rule 112 in relation to a punishment imposed in terms of rule 100(1)(e) or (f).