- Statutory Instrument 1999 No. 374 (S. 21)
The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1999
© Crown Copyright 1999
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| Made | 13th February 1999 | ||
| Laid before Parliament | 19th February 1999 | ||
| Coming into force | 15th March 1999 |
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:
Citation, commencement and interpretation
1. - (1) These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1999.
(2) These Rules shall come into force on 15th March 1999.
(3) In these Rules, a reference to "the principal Rules" is a reference to the Prisons and Young Offenders Institutions (Scotland) Rules 1994[2].
Substitution of rule 2 of the principal Rules
2. For rule 2 of the principal Rules (application to young offenders institutions and young offenders)[3] there are substituted the following rules:-
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"
Application of Rules
2. - (1) Subject to the following provisions of this rule, these Rules apply to prisons and young offenders institutions and to any person who is required to be detained in any such prison or institution.
(2) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, any reference in these Rules to a prison shall be construed as including a young offenders institution.
(3) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply 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[4] or 207(2) of the Criminal Procedure (Scotland) Act 1995[5] as they apply to prisoners who are serving sentences of imprisonment; and any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment shall respectively be construed as including a young offender, detention or a sentence of detention in a young offenders institution.
(4) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to-
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(a) any person under 16 years of age who has been committed to a prison under section 51 of the Criminal Procedure (Scotland) Act 1995;
(b) a person sentenced under section 205 of the Criminal Procedure (Scotland) Act 1975[6] or section 205 of the said Act of 1995 to be detained without limit of time or for life and who is directed or sentenced to be detained in a prison or a young offenders institution; and
(c) a person sentenced to be detained under section 206 of the said Act of 1975 or section 208 of the said Act of 1995 and who is directed to be detained in a prison or a young offenders institution,
as they apply to prisoners who are serving sentences of imprisonment; and any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment shall respectively be construed as including any such person, detention or a sentence of detention under any of those provisions.
(5) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to any other person on whom imprisonment, or as the case may be detention in a young offenders institution, has been imposed or who is committed to prison, including persons who are imprisoned or detained-
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(a) under section 219 of the Criminal Procedure (Scotland) Act 1995 (imprisonment for non-payment of fine) or, by virtue of that section, under section 207 of that Act (detention of young offenders);
(b) for examination or trial on any criminal charge;
(c) by virtue of remand in custody under the Extradition Act 1989[7];
(d) by virtue of detention under Schedule 2 or 3 to the Immigration Act 1971[8];
(e) by virtue of non-compliance with an order under section 45 of the Court of Session Act 1988[9];
(f) under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882[10];
(g) by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940[11];
(h) for contempt of court or for non-payment of a fine for contempt of court;
(i) for breach of interdict; and
(j) by virtue of, or by virtue of any rules or regulations made under, the Army Act 1955[12], the Air Force Act 1955[13], the Naval Discipline Act 1957[14] or the Courts-Martial (Appeals) Act 1968[15],
as they apply to persons serving sentences of imprisonment; and any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment shall therefore respectively be construed as including any such person, any such imprisonment or detention or any such period of imprisonment or detention imposed on such a person.
(6) Any reference in the foregoing provisions of this rule to a person sentenced to imprisonment or other detention includes a person who is detained in a prison or young offenders institution and is-
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(a) by virtue of section 26 of the Criminal Justice Act 1961[16], Schedule 1 to the Crime (Sentences) Act 1997[17] or the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998[18], treated for any purpose as if his sentence had been an equivalent sentence passed by a court in Scotland; or
(b) serving a sentence of imprisonment or detention by virtue of a warrant authorising his detention which has been issued under the Repatriation of Prisoners Act 1984[19].
Application of Rules to contracted out prisons
2A.
- (1) Subject to the following paragraphs of this rule, these Rules apply to a contracted out prison.
(2) Where the Secretary of State has entered into a contract for the running of a contracted out prison, these Rules shall have effect in relation to the prison, with the following modifications:-
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(a) references to "an officer" in these Rules shall include references to a prisoner custody officer certified as such under section 114(1) of the 1994 Act and performing custodial duties at that or any other prison;
(b) references to "an employee" in these Rules shall include references to an employee of the contractor or any sub-contractor;
(c) subject to sub-paragraphs (d) and (h), references to a "Governor" in these Rules shall include references to a director approved by the Secretary of State for the purpose of section 107(1) of the 1994 Act except in rules 15(2), 29, 80, 83, 84, 85, 112, 112A and in any rule in Parts 10 and 14 where references to a "Governor" shall be construed as references to a controller appointed by the Secretary of State under section 107(1) of the 1994 Act;
(d) where a director exercises the powers set out in section 107(3)(c) of the 1994 Act (removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint in cases of urgency) he shall notify the controller of the fact forthwith;
(e) "Governor-in-Charge" in these Rules means the director except where the function has been conferred on the controller in terms of sub-paragraph (c) and in such cases references to the "Governor-in-Charge" mean the controller;
(f) rules 86A(8), 111 and paragraphs (b) and (c) of rule 129 shall not apply;
(g) references to an officer in rule 95(2) shall be construed as references to the controller;
(h) in rule 108 where a prisoner desires to make a complaint concerning a matter referred to in rule 108(1) in relation to the controller, references to "the Governor" in paragraphs (2) to (4) shall be construed as references to "the Secretary of State"; and
(i) the reference to "the Governor" in paragraph (b) of rule 127 shall include reference to the director and the controller.
Suspension of certificate of a prisoner custody officer
2B.
The prescribed circumstances for the purposes of paragraph 3(2)(b) of Schedule 6 to the 1994 Act (suspension of certificate) are-
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(a) where-
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(i) an allegation has been made against a prisoner custody officer acting in pursuance of prisoner escort arrangements or performing custodial duties at a prison; or
(ii) the officer has been charged with a criminal offence or disciplinary action is being taken against him by the contractor; or
(iii) it appears to the prisoner escort monitor or (as the case may be) controller that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his duties; and
(b) where the prisoner escort monitor or (as the case may be) controller considers that the suspension of the certificate would be conducive to the maintenance of order or discipline in the prison or (as the case may be) the performance of the functions set out in section 102(2) of the 1994 Act (arrangements for the provision of prisoner escorts).".
Amendment of rule 3 of the principal Rules
3.
- (1) Rule 3 of the principal Rules (interpretation)[20] is amended in accordance with the following paragraphs of this rule.
(2) After the definition of "the 1993 Act", there is inserted the following definition:-
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"
"the 1994 Act" means the Criminal Justice and Public Order Act 1994[21];".
(3) After the definition of "constable", there are inserted the following definitions:-
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"
"contracted out prison" means a prison or part of a prison for the running of which a contract under section 106 of the 1994 Act is for the time being in force;
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"contracted out services" means services to a prison (other than a contracted out prison) or to staff or prisoners therein, provided other than by officers or employees;".
(4) At the end of the definition of "Governor-in-Charge" there is inserted-
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"
or in the case of legalised police cells the constable who is in charge of the cells".
(5) For the definition of "officer" there is substituted the following definition:-
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"
"officer" means-
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(a) an officer of the prison appointed by the Secretary of State and includes the Governor and for the purposes of rule 90 includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 114 of the 1994 Act; or
(b) in the case of a legalised police cell any constable".
(6) After the definition of "photograph", there is inserted the following definition:-
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"
"Principal Reporter" means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994[22] or any officer of the Scottish Children's Reporter Administration to whom there is delegated, under section 131(1) of that Act, any function of the Principal Reporter under the Children (Scotland) Act 1995[23];".
(7) In the definition of "prohibited article"-
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(a) for the words "the Prevention of Crime Act 1953" there are substituted the words "section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995[24]"; and
(b) for the words "1 of the Carrying of Knives etc. (Scotland) Act 1993" there are substituted the words "49 of the Criminal Law (Consolidation) (Scotland) Act 1995".
(8) The definition of "training for freedom hostel" is omitted.
Amendment of rule 7 of the principal Rules
4.
- (1) Rule 7 of the principal Rules (procedure on reception of prisoners) is amended in accordance with the following paragraphs of this rule.
(2) In paragraph (3)(b), for the words "the medical officer", there are substituted the words "a medical officer".
(3) In paragraph (5), after the word "or", there is inserted the word "a".
Amendment of rule 9 of the principal Rules
5.
- (1) Rule 9 of the principal Rules (information to be given to prisoners on reception) is amended in accordance with paragraph (2) of this rule.
(2) For paragraph (6)(e)(i), there is substituted the following:-
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"
(i) section 106 or 175 of the Criminal Procedure (Scotland) Act 1995[25] or, as the case may be, section 19 of the Prisoners and Criminal Proceedings (Scotland) Act 1993[26]; or".
Amendment of rule 14C of the principal Rules
6.
- (1) Rule 14C of the principal Rules (information regarding assignment of a security category)[27] is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (2)(b)(ii), the word "of" where it occurs for the third time is omitted.
Amendment of rule 14D of the principal Rules
7.
- (1) Rule 14D of the principal Rules (assignment of security category A)[28] is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (4)(b)(ii), the word "of" where it occurs for the third time is omitted.
Amendment of rule 15 of the principal Rules
8.
- (1) Rule 15 of the principal Rules (accommodation of prisoners in cells and rooms) is amended in accordance with the following paragraphs of this rule.
(2) In paragraph (2) for sub-paragraph (b) there is substituted the following sub-paragraph:-
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"
(b) either the Governor, or a medical officer with the consent of the Governor, instructs this.".
(3) In paragraph (3) for the words "the medical officer", there are substituted the words ", or a medical officer on medical grounds,".
Amendment of rule 16 of the principal Rules
9.
- (1) Rule 16 of the principal Rules (standard of accommodation) is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (3)(a), for the words "the medical officer", there are substituted the words "a medical officer".
Amendment of rule 17 of the principal Rules
10.
- (1) Rule 17 of the principal Rules (provision of bedding) is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (1) for the words "The Secretary of State", there are substituted the words "The Governor".
Amendment of rule 18 of the principal Rules
11.
- (1) Rule 18 of the principal Rules (entitlement of a prisoner to wear his own clothing) is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (2)(b), for the words "the medical officer", there are substituted the words "a medical officer".
Amendment of rule 19 of the principal Rules
12.
- (1) Rule 19 of the principal Rules (provision of clothing to prisoners) is amended in accordance with the following paragraphs of this rule.
(2) In paragraph (1) for the words "The Secretary of State", there are substituted the words "The Governor".
(3) In paragraph (4), for the words "the medical officer", there are substituted the words "a medical officer".
Amendment of rule 21 of the principal Rules
13.
- (1) Rule 21 of the principal Rules (prisoners' food)[29] is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (5), for the words "the medical officer", there are substituted the words "a medical officer".
Amendment of rule 31 of the principal Rules
14.
- (1) Rule 31 of the principal Rules (transfer to hospital for treatment for mental disorder)[30] is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (3), for the words "the medical officer", there are substituted the words "a medical officer".
Amendment of rule 49 of the principal Rules
15.
- (1) Rule 49 of the principal Rules (opening and reading of correspondence from and to courts) is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (7), for the word "and", there are substituted the words ", the Principal Reporter and".
Amendment of rule 55 of the principal Rules
16.
- (1) Rule 55 of the principal Rules (visits by persons of a prisoner's choice)[31] is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (8) for the word "62D" there is substituted the word "62E".
Amendment of rule 56 of the principal Rules
17.
- (1) Rule 56 of the principal Rules (visits to untried and civil prisoners by persons of a prisoner's choice) is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (6), for the word "62D", there is substituted the word "62E".
Amendment of rule 61 of the principal Rules
18.
- (1) Rule 61 of the principal Rules (visits by representatives of diplomatic services and national or international authorities or organisations) is amended in accordance with paragraph (2) of this rule.
(2) In paragraph (3), for the words "Scottish Council for Civil Liberties", there are substituted the words "Scottish Human Rights Centre".
Notes:
[1] 1989 c.45; section 39 was amended by the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c.9) ("the 1993 Act"), sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7, by the Criminal Justice and Public Order Act 1994 (c.33) ("the 1994 Act"), sections 116(4) and 130(4) and by the Crime and Disorder Act 1998 (c.37), Schedule 8, paragraph 71; section 39 is to be read with sections 3A(5), (6) and (7) (which was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48) ("the 1997 Act")), section 43(2), 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), 33A (which was inserted by the 1994 Act, section 116(3)), 41(2B) (which was inserted by the 1994 Act, section 153(3)), 41B(1) (which was inserted by the 1994 Act, section 151(2)) and 41C(1) (which was inserted by the 1997 Act, section 42) of the 1989 Act; section 39 is also to be read with sections 107(4), 110(7) and 114(3) of the 1994 Act; 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] S.I. 1994/1931, amended by S.I. 1996/32, 1997/2007, 1998/1589 and 1998/2504.back
[3] Rule 2 was amended by S.I. 1998/1589, rule 2(2).back
[4] 1975 c.21; sections 207 and 415 were substituted by the Criminal Justice (Scotland) Act 1980 (c.62), section 45.back
[6] Section 205 was substituted by the Criminal Justice (Scotland) Act 1980 (c.62), section 43.back
[8] 1971 c.77; Schedule 2 was modified by the Criminal Justice (International Co-operation) Act 1990 (c.5) section 6(6)(b).back
[10] 1882 c.42; sections 4 and 6 were amended by the Sheriff Courts (Scotland) Act 1971 (c.58), section 4.back
[16] 1961 c.39; section 26 was repealed by the Crime (Sentences) Act 1997 (c.43), Schedule 6 but, by virtue of article 5(6) of the Crime (Sentences) Act 1997 (Commencement No.2 and Transitional Provisions) Order 1997 (S.I. 1997/2200), that repeal does not apply in respect of any person who on 1st October 1997 was in Scotland by virtue of an order made under section 26 of the 1961 Act, for so long as that order has effect under Part III of that Act.back
[20] Rule 3 was amended by S.I. 1996/32, rule 2 and S.I. 1998/1589, rule 3.back
[27] Rule 14C was inserted by S.I. 1998/1589, rule 7.back
[28] Rule 14D was inserted by S.I. 1998/1589, rule 7.back
[29] Rule 21 was amended by S.I. 1996/32, rule 5 and by 1998/1589, rule 9(2).back
[30] Rule 31 was amended by S.I. 1998/1589, rule 18(2).back
[31] Rule 55(8) was amended by S.I. 1998/1589, rule 24(5).back
