Statutory Instrument 1994 No. 1931 (S.85)

      The Prisons and Young Offenders Institutions (Scotland) Rules 1994


      © Crown Copyright 1994

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STATUTORY INSTRUMENTS

1994 No. 1931 (S.85)

PRISONS

YOUNG OFFENDERS INSTITUTIONS, SCOTLAND

The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Made 18th July 1994
Laid before Parliament 19th July 1994
Coming into force
  For all purposes except those specified in rule 1(3) and (5) 1st November 1994
  For the purposes specified in rule 1(3) 1st October 1994
  For the purposes specified in rule 1(5) 1st January 1995


ARRANGEMENT OF RULES

PART 1
General
1.  Citation and commencement
2.  Application to young offenders institutions and young offenders
3.  Interpretation
4.  Elimination of discrimination
5.  Availability of Rules and directions
PART 2
Reception, records, classification and allocation
6.  Production of warrant, order, direction or certificate
7.  Procedure on reception of prisoners
8.  Interview and medical examination of prisoners on reception
9.  Information to be given to prisoners on reception
10.  Registration and records of prisoners
11.  Classification of prisoners
12.  Security categories of prisoners
13.  Allocation of prisoners
14.  Separation of different categories of prisoners
PART 3
Physical and personal environment
15.  Accommodation of prisoners in cells and rooms
16.  Standard of accommodation
17.  Provision of bedding
18.  Entitlement of a prisoner to wear his own clothing
19.  Provision of clothing to prisoners
20.  Changes of clothing
21.  Prisoners' food
22.  Personal hygiene
PART 4
Health and welfare
23.  The medical officer
24.  Provision of medical services and facilities
25.  General duty of the medical officer to attend prisoners
26.  Notification to the medical officer of prisoners requiring attention
27.  Arrangements for medical care by other medical practitioners or at outside facilities
28.  Duty of medical officer to visit prisoners subject to cellular confinement
29.  Duty of medical officer to notify certain matters
30.  Notification of relatives and friends of prisoners suffering serious illness, etc
31.  Transfer to hospital for treatment for mental disorder
32.  Records of medical treatment
33.  Prisoners' welfare
34.  Visits to untried and civil prisoners by medical and dental practitioners
PART 5
Religion
35.  Facilities for religious practice
36.  Duties of members of the chaplaincy team
37.  Visiting ministers
38.  Religious services and visits
39.  Religious books, items and practices
PART 6
Privileges and prisoners' property
40.  Privileges
41.  Smoking and possession of tobacco by untried and civil prisoners
42.  Reception of personal property of prisoners
43.  Storage or disposal of personal property of prisoners
44.  Personal property of prisoners in rooms or cells
45.  Prisoners' money
46.  Supplies of books, newspapers, etc to prisoners
PART 7
Communications
47.  Current affairs
48.  Prisoners' correspondence
49.  Opening and reading of correspondence from and to courts
50.  Opening and rreading of correspondence from and to legal advisers
51.  Opening and reading of other correspondence
52.  Restrictions on prisoners' correspondence
53.  Provision of writing materials and payment of postage
54.  Communication by telephone
55.  Visits by persons of a prisoner's choice
56.  Visits to untried and civil prisoners by persons of a prisoner's choice
57.  Entitlement to accumulated visits
58.  Visits by legal advisers
59.  Visits by procurators fiscal
60.  Visits by police constables
61.  Visits by representatives of diplomatic services and national or international authorities or organisations
62.  Special visits to certain prisoners in connection with further proceedings
63.  General conditions applicable to visits under Part 7
64.  Closed visiting facilities
65.  Arrangements for securing release of prisoners committed to prison in default of payments
PART 8
Work, education, earnings and recreation
66.  Application of Part 8
67.  Arrangements for work, education, etc.
68.  Prisoners' work
69.  Conditions of work or activities in lieu of work
70.  Work opportunities
71.  Work undertaken by untried and civil prisoners
72.  Education
73.  Counselling
74.  Earnings
75.  Exercise and time in the open air
76.  Recreation
77.  Prohibition on prisoners' carrying on any trade, profession or vocation from prison
PART 9
Security and control
78.  Supervision of the prison and control of prisoners
79.  Control of prisoners
80.  Removal from association
81.  Prohibited articles
82.  Unauthorised property
83.  Orders as to the use of restraints
84.  Conditions of use of restraints
85.  Temporary confinement
86.  Control of admission of visitors
87.  Viewing of prisons
88.  Searching of prisoners
89.  Searching of prisoners' property and cells
90.  Custody outside prison
91.  Special escorted leave
92.  Escorted exceptional day absence
93.  Production of prisoners to court, etc.
PART 10
Discipline
94.  Conduct constituting a breach of discipline
95.  Reports of breaches of discipline and removal from association
96.  Disciplinary charges
97.  Inquiry into disciplinary charges
98.  Adjudication of charges
99.  Breaches of discipline occurring immediately before or during transfer
100.  Governor's punishments
101.  Suspended punishments
PART 11
Requests and complaints
102.  Requests to speak to an officer of the Secretary of State, a member of the visiting committee, a sheriff or a justice of the peace
103.  Requests and complaints to the visiting committee
104.  Requests and complaints to the residential officer
105.  Requests and complaints to the rresidential unit manager
106.  Referral of requests and complaints to the internal complaints committee
107.  Referral of requests and complaints to the Governor
108.  Requests and complaints to the Governor in relation to confidential matters
109.  Referral of requests and complaints to the Secretary of State
110.  Requests, complaints and representations to the Secretary of State in relation to certain matters
111.  Appeals in relation to disciplinary proceedings
112.  Requests for restoration of forfeited remission or rescinding awrds of additional days
113.  Direction with respect to requests, complaints and appeals
PART 12
Female prisoners
114.  Separation of male and female prisoners
115.  Pregnancy and confinement
116.  Accommodation of female prisoners' babies
PART 13
Transfer and discharge of prisoners
117.  Pre-release preparation
118.  Medical examination prior to transfer or release
119.  Provision of clothing and return of property on release of prisoner
PART 14
Temporary release
120.  Short home leave, Christmas and summer leave and pre-Training for Freedom leave
121.  Long home leave
122.  Pre-parole/pre-life licence leave
123.  Unescorted exceptional day release of prisoners in security category D
124.  Circumstances where prisoners are disqualified from consideration for temporary release
125.  Recall of prisoners granted temporary release
126.  Direction with respect to temporary release
PART 15
Officers and employees
127.  General duty of officers and employees
128.  Transsactions with prisoners or in connection with the prison
129.  Fees and gratuities
130.  Searches of officers and employees
131.  Communications to the prress etc.
132.  Code of Discipline
PART 16
Visiting committees
133.  Constitution of visiting committees
134.  Proceedings of visiting committees
135.  General duties of visiting committees and members of committees
136.  Investigation of complaints
137.  Visits to prisons by members of visiting committees
138.  Inspection of prison records
139.  Annual report
140.  Conflicts of interest
PART 17
Supplementary
141.  Remission of sentence or period of detention
142.  Directions
143.  Revocations
144.  Savings and transitional provisions

SCHEDULES

  1.  Modification of the Rules in their application to young offenders institutions and young offenders

  2.  Security categories

  3.  Breaches of discipline

  4.  Constitution of visiting committees

  5.  Revocations

  6.  Savings and transitional provisions

 

Explanatory Note


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Prepared 20th September 2000