| | The Secretary of State, in exercise of the powers conferred on him by section 39 of the Prisons (Scotland) Act 1989[1] and of all other powers enabling him in that behalf, hereby makes the following Rules:
PART 1
GENERAL
Citation and commencement
1.—(1) These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Rules 1994.
(2) Subject to paragraphs (3), (4) and (5), these Rules shall come into force on 1st November 1994.
(3) The provisions of rules 18(3), 20(2), 41, 44(1), 51(3)(b), 52(2), 54(2), 55(6), 57(3), 63(2), 69(3)(b), 70(3), 74, 91(4), 92(5), 100(6)(c), 113 and 126 shall come into force on 1st October 1994 but only for the purpose of enabling the Secretary of State to make provision by direction for the purposes specified in those rules with effect on and after 1st November 1994.
(4) Rule 133(2) to (5) and Schedule 4 shall come into force on 1st November 1994 but only for the purpose of appointing the members of visiting committees to be established on and after 1st January 1995.
(5) The following provisions of these Rules shall come into force on 1st January 1995:- (a) rule 133(2) to (5) and Schedule 4 insofar as not then in force;
(b) rule 133(1) and (6) to (8);
(d) rule 143 but only insofar as relating to Part II of Schedule 5; and
(e) Part II of Schedule 5.
Application to young offenders institutions and young offenders
2.—(1) Subject to paragraph (2), these Rules apply to young offenders institutions and- (a) to persons on whom detention in a young offenders institution has been imposed under section 207(2) or 415(2) of the Criminal Procedure (Scotland) Act 1975[2]; and
(b) persons sentenced under section 205 of that Act[3] to be detained without limit of time or for life and who are directed or sentenced to be detained in a young offenders institution, as they apply to prisons and prisoners; and references in these Rules to prison, prisoner, imprisonment or a sentence of imprisonment shall be construed, except where the context otherwise requires, as references to young offenders institutions, young offender, detention or a sentence of detention in a young offenders institution respectively.
(2) The application of these Rules as mentioned in paragraph (1) is subject to the exceptions and modifications set out in Schedule 1.
Interpretation
3.—(1) In these Rules, unless the context otherwise requires, the following expressions shall have the meanings ascribed to them:-
"the Act" means the Prisons (Scotland) Act 1989;
"the 1993 Act" means the Prisoners and Criminal Proceedings (Scotland) Act 1993[4];
"1952 Rules" means the Prison (Scotland) Rules 1952[5];
"1965 Rules" means the Young Offenders (Scotland) Rules 1965[6];
"appellant" means a prisoner- (a) who appeals under section 228 or 442 of the Criminal Procedure (Scotland) Act 1975[7] against his conviction or sentence, or both his conviction and sentence;
(b) whose case has been referred to the High Court of Justiciary by the Secretary of State pursuant to section 263(1) of the said Act of 1975[8];
(c) who appeals by way of bill of suspension against his conviction or sentence, or both conviction and sentence, in summary proceedings;
(d) who appeals under section 8 of the Courts-Martial (Appeals) Act 1968[9] against his conviction or sentence, or both conviction and sentence, or who appeals under section 39(1) of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or
(e) who is subject to a supervised release order under section 212A of the said Act of 1975[10] and who appeals under section 19 of the 1993 Act, and for the purpose of this definition a prisoner shall be deemed to be an appellant from the time- (i) in the case of an appeal as referred to in sub-paragraph (a), he lodges a written intimation of intention to appeal or a note of appeal in terms of section 231(1) or 233(1) of the said Act of 1975[11] or an application for a stated case or a note of appeal in terms of section 444(1) or 453B(1) of that Act[12];
(ii) in the case of a reference as referred to in sub-paragraph (b), the Secretary of State refers the case to the High Court of Justiciary;
(iii) in the case of an appeal as referred to in sub-paragraph (c), he lodges the bill of suspension;
(iv) in the case of an appeal as referred to in sub-paragraph (d), he presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968[13]; or
(v) in the case of an appeal as referred to in sub-paragraph (e), he lodges a note of appeal, until the appeal or, as the case may be, the reference is finally disposed of or abandoned in its entirety;
"chaplain" means the person who is appointed pursuant to section 3(2) of the Act as the chaplain to a prison;
"chaplaincy team" consists of the chaplain and any prison minister and any visiting minister;
"civil prisoner" means a person who is committed to prison- (a) by virtue of non-compliance with an order under section 45 of the Court of Session Act 1988[14];
(b) under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882[15];
(c) by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940[16];
(d) for contempt of court or for non-payment of a fine imposed for contempt of court; or
(e) for breach of interdict; "closed visiting facilities" means visiting facilities which adopt special security features including physical barriers between prisoner and visitor;
"clothing" includes footwear, jewellery and other objects worn for personal adornment;
"constable" has the same meaning as in section 51(1) of the Police (Scotland) Act 1967[17];
"employee" means an employee (not being an officer of a prison) appointed by the Secretary of State under section 2(1) of the Act;
"film" has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988[18];
"Governor" means- (a) in rule 78 and in any rule in Part 11 (other than rules 102 and 103), the officer who is appointed under section 3 of the Act as the Governor in charge of the prison;
(b) in rules 4, 5, 11, 21 and 67 and in any rule in Parts 7, 9, 10 and 13 to 16, any officer of a governor grade or, where there is no such officer present for the time being in the prison, the most senior officer who is present in prison at that time; and
(c) in any other provision in these Rules, any officer;
"legal adviser" means a person who is entitled to practise- (a) as a solicitor, an advocate or a barrister in any part of the United Kingdom; or
(b) as a member of the corresponding profession of solicitor, advocate or barrister in any Member State of the European Community, and includes the authorised clerk or employee of such a person;
"letter" includes any communication in written form which- (a) is directed to a specific person or address; and
(b) relates to the personal, private or business affairs of, or the business affairs of the employer of, either correspondent, and includes an envelope containing any such communication;
"life prisoner" means a person serving a sentence of imprisonment for life;
"long-term prisoner" shall be construed in accordance with Part I of the 1993 Act;
"medical officer" means an officer of a prison who is appointed by the Secretary of State under section 3(1) of the Act to be a medical officer of that prison;
"officer" means an officer of the prison appointed by the Secretary of State and includes the Governor;
"photograph" has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988;
"prison minister" means a person who is appointed by the Secretary of State pursuant to section 9(1) of the Act as a minister to a prison;
"prohibited article" means- (a) any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971[19];
(b) any firearm or any ammunition within the meaning of the Firearms Act 1968[20];
(c) any offensive weapon within the meaning of the Prevention of Crime Act 1953[21];
(d) any article to which section 1 of the Carrying of Knives etc. (Scotland) Act 1993[22] applies; or
"reception", in relation to a prisoner committed to prison means the process of receiving a prisoner into prison- (a) on his removal to prison from court, or any other place, in implementation of the warrant, order or certificate ordering or authorising his detention in custody; or
(b) on his transfer to any prison from any other prison, or from any remand centre, young offenders institution or other place where he was liable to be detained in custody, and cognate expressions shall be construed accordingly;
"refugee" means- (a) a person who is recognised by Her Majesty's Government as a refugee within the meaning of the UN Convention relating to the Status of Refugees done at Geneva on 28th July 1951[23] as extended by the Protocol thereto which entered into force on 4th October 1987[24] or, as the case may be, the Protocol relating to the status of refugees done at New York on 31st January 1967[25]; or
(b) a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty's Government though not yet recognised; "residential officer" means an officer who is required by the Governor to supervise a specific area of living accommodation for prisoners;
"residential unit manager" means an officer who is required by the Governor to manage a number of areas of living accommodation for prisoners;
"security category" means a category assigned in accordance with rule 12;
"short-term prisoner" shall be construed in accordance with Part I of the 1993 Act;
"sound recording" has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988;
"special cell" means a room or cell which is adapted for the temporary accommodation of refractory or violent prisoners and whose features may include special sound-proofing, strengthened fixtures and fittings or the absence of any window;
"stateless person" has the meaning assigned to it in article 1 of the Convention relating to the Status of Stateless Persons 1954[26];
"training for freedom hostel" means that part of a prison, so designated by the Governor, used for custody of prisoners prior to release who are involved in work and other activities approved by the Governor outwith the prison;
"untried prisoner" means a person who is committed to prison- (a) for examination or trial on any criminal charge;
(b) by virtue of remand in custody under the Extradition Act 1989[27]; or
(c) by virtue of detention under Schedule 2 or 3 to the Immigration Act 1971[28], but does not include any such person who is for the time being serving a sentence of imprisonment;
"visiting minister" means a minister who is allowed to visit prisoners of his denomination in terms of section 9(3) of the Act;
"young prisoner" means a prisoner who is under 16 years of age.
(2) Unless the context otherwise requires, any reference in these Rules to a numbered rule is a reference to the rule in these Rules bearing that number; any reference to a numbered Schedule is a reference to the Schedule to these Rules bearing that number and any reference in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.
(3) For the purposes of any reference in these Rules to the term of imprisonment or other detention to which a person has been sentenced, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.
Elimination of discrimination
4. Subject to the provisions of these Rules or of any direction made for any purpose specified in these Rules, the Governor shall seek to eliminate within the prison discrimination on the grounds of gender, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, birth, medical condition and economic or other status against particular prisoners or categories of prisoners.
Availability of Rules and directions
5. The Governor shall ensure that a copy of these Rules, and of any direction made for any purpose specified in the Rules, as in force from time to time, shall be readily available for inspection by officers and prisoners in each accommodation block and in the prison library.
Notes:
[1] 1989 c. 45; section 39 was amended by the 1993 Act, sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7; section 39 is to be read with sections 8(1) and (2), 11(1), 12 (as amended by the 1993 Act, Schedule 5, paragraph 6(2)), 14(1) (as amended by the 1993 Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any "existing prisoner" within the meaning specified in paragraph 1 of Schedule 6) and 41; section 39 was extended by the Courts-Martial (Appeals) Act 1968 (c. 20), section 52 (as amended by the 1989 Act, Schedule 2, paragraph 10). back
[2] 1975 c. 21; sections 207 and 415 were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), section 45. back
[3] Section 205 was substituted by the said Act of 1980, section 43. back
[4] 1993 c. 9. back
[5] S.I. 1952/565, amended by S.I. 1954/240, 1956/671, 1966/1552, 1970/2013, 1976/1889, 1979/1630, 1981/1222, 1984/2058, 1987/2231, 1988/537 and 1993/2227. back
[6] S.I. 1965/195, amended by S.I. 1966/1551, 1981/1223 and 1993/2228. back
[7] Sections 228 and 442 were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 1 and Schedule 3, paragraph 1 respectively; section 442 was amended by the 1993 Act, section 42 and Schedule 5, paragraph 1(33). back
[8] Section 263(1) was amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 22 and Schedule 8. back
[9] 1968 c. 20; section 8 was amended by the Armed Forces Act 1971 (c. 33), section 73(2) and Schedule 2, paragraph 1(2), by the Armed Forces Act 1976 (c. 52), section 22(5) and Schedule 9, paragraph 16 and by the Armed Forces Act 1991 (c. 62), Schedule 3. back
[10] Section 212A was inserted by the 1993 Act, section 14(1). back
[11] Sections 231 and 233 were substituted by the Criminal Justice (Scotland) Act 1980, Schedule 2, paragraphs 3 and 5 respectively; section 231(1) was amended by the Criminal Justice (Scotland) Act 1987 (c. 41), section 45(6)(a); section 233(1) was amended by the 1993 Act, Schedule 5, paragraph 1(9). back
[12] Section 444(1) was substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 3, paragraph 3(a); section 453B(1) was inserted by the said Act of 1980, Schedule 3, paragraph 13 and amended by the 1993 Act, Schedule 5, paragraph 36(a). back
[13] Section 8(2) was amended by the Armed Forces Act 1971 (c. 33), Schedule 2, paragraph 1(2). back
[14] 1988 c. 36. back
[15] 1882 c. 42; sections 4 and 6 were amended by the Sheriff Courts (Scotland) Act 1971 (c. 58), section 4. back
[16] 1940 c. 42. back
[17] 1967 c. 77. back
[18] 1988 c. 48. back
[19] 1971 c. 38. back
[20] 1968 c. 27. back
[21] 1953 c. 14. back
[22] 1993 c. 13. back
[23] Treaty Series No. 39 (1954), Cmnd 9171. back
[24] Treaty Series No. 50 (1987), Cmnd 222 (out of print: photocopies are available free of charge from the Scottish Prison Service, Calton House, 5 Redheughs Rigg, Edinburgh). back
[25] Treaty Series No. 15 (1969), Cmnd 3906 (out of print: photocopies are available free of charge from the Scottish Prison Service, Calton House, 5 Redheughs Rigg, Edinburgh). back
[26] Cmnd 1098 of 1960. back
[27] 1989 c. 33. back
[28] 1971 c. 77. back
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