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The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Type Scottish-Statutory-Instrument

Publication 2006-03-02

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 2nd March 2006

Laid before the Scottish Parliament: 3rd March 2006

Coming into force: 26th March 2006

The Scottish Ministers, in exercise of the powers conferred on them by section 39 of the Prisons (Scotland) Act 1989[^f00001] and of all other powers enabling them in that behalf, hereby make the following Rules:

PART 1 — GENERAL

Citation and commencement

1

These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Rules 2006 and shall come into force on 26th March 2006.

Application of Rules

2

(1) Subject to paragraphs (2) to (5), 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) of the 1995 Act[^f00002] 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–

(a) any person under 16 years of age who has been committed to a prison under section 51 of the 1995 Act[^f00003];

(b) a person sentenced under section 205 of the 1995 Act[^f00004] 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 208 of the 1995 Act[^f00005] 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–

(a) under section 219 of the 1995 Act (imprisonment for non payment of fine)[^f00006] or, by virtue of that section, under section 207 of that Act (detention of young offenders)[^f00007];

(b) for examination or trial on any criminal charge;

(d) by virtue of detention under Schedule 2 or 3 to the Immigration Act 1971[^f00009];

(e) by virtue of non compliance with an order under section 45 of the Court of Session Act 1988[^f00010];

(f) under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882[^f00011];

(g) by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940[^f00012];

(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[^f00013], the Air Force Act 1955[^f00014], the Naval Discipline Act 1957[^f00015] or the Courts-Martial (Appeals) Act 1968[^f00016],

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 paragraphs (1) to (5) to a person sentenced to imprisonment or other detention includes a person who is detained in a prison or young offenders institution and is–

(a) by virtue of section 26 of the Criminal Justice Act 1961[^f00017], Schedule 1 to the Crime (Sentences) Act 1997[^f00018] or the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998[^f00019], treated for any purpose as if his or her 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 or her detention which has been issued under the Repatriation of Prisoners Act 1984[^f00020].

Application of Rules to contracted out prisons

3

(1) Subject to paragraph (2), these Rules apply to a contracted out prison.

(2) Where the Scottish Ministers have 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:–

(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[^f00021] 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 Scottish Ministers for the purpose of section 107(1)[^f00022] of the 1994 Act except in rules 22(2), 37, 94, 97, 98, 99 and 131 and in any rule in Parts 11 and 15 where references to a “Governor” shall be construed as references to a controller appointed by the Scottish Ministers 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) the director 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” shall be construed as references to the controller;

(f) rules 102(8), 130 and paragraphs (b) and (c) of rule 150 shall not apply;

(g) references to an officer in rule 114(2) shall be construed as references to the controller;

(h) in rule 127 where a prisoner desires to make a complaint concerning a matter referred to in rule 127(1) in relation to the controller, references to “the Governor” in paragraphs (2) to (4) shall be construed as references to “the Scottish Ministers”; and

(i) the reference to “the Governor” in paragraph (b) of rule 148 shall include reference to the director and the controller.

Suspension of certificate of a prisoner custody officer

4

The prescribed circumstances for the purposes of paragraph 3(2)(b) of Schedule 6 to the 1994 Act (suspension of certificate) are–

(a) where–

(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 or her 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 or her 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).

Interpretation

5

(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[^f00023];

“the 1994 Act” means the Criminal Justice and Public Order Act 1994[^f00024];

“the 1994 Rules” means the Prisons and Young Offenders Institutions (Scotland) Rules 1994[^f00025];

“the 1995 Act” means the Criminal Procedure (Scotland) Act 1995[^f00026];

“appellant” means a prisoner– who appeals under section 106 or 175 of the Criminal Procedure (Scotland) Act 1995[^f00027] against his or her conviction or sentence, or against both conviction and sentence; whose case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission pursuant to section 194B(1) of the 1995 Act[^f00028]; who appeals by way of bill of suspension against his or her conviction or sentence, or both conviction and sentence, in summary proceedings; who appeals under section 8 of the Courts-Martial (Appeals) Act 1968[^f00029] against his or her conviction or sentence, or both conviction and sentence, or who appeals under section 39(1)[^f00030] of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or who is returned to prison under section 18(2) of the 1993 Act and who appeals under section 19 of that Act, and, for the purposes of this definition, a prisoner shall be deemed to be an appellant from the time– in the case of an appeal as mentioned in sub paragraph (a) in solemn proceedings, he or she lodges an intimation of intention to appeal in terms of section 109(1)[^f00031] of the 1995 Act or, in the case of an appeal against sentence only, a note of appeal in terms of section 110(1)[^f00032] of that Act; in the case of an appeal as mentioned in sub paragraph (a) in summary proceedings, he or she lodges an application for a stated case under section 176(1) of the 1995 Act or, in the case of an appeal against sentence only, a note of appeal under section 186(1)[^f00033] of that Act; in the case of a reference as referred to in sub paragraph (b), the Secretary of State or, as the case may be, the Scottish Criminal Cases Review Commission refers the case to the High Court of Justiciary; in the case of an appeal as referred to in sub paragraph (c), he or she lodges the bill of suspension; in the case of an appeal as referred to in sub paragraph (d), he or she presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968[^f00034]; or in the case of an appeal as referred to in sub paragraph (e), he or she 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[^f00035] 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– by virtue of non compliance with an order under section 45 of the Court of Session Act 1988[^f00036]; under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882[^f00037]; by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940[^f00038]; for contempt of court or for non payment of a fine imposed for contempt of court; or 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[^f00039];

“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[^f00040] is for the time being in force;

“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;

“controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971[^f00041];

“Deputy Governor” means the officer who is appointed to act in place of the Governor-in-Charge during any period when the Governor in Charge is temporarily absent from the prison;

“employee” means an employee (not being an officer of a prison) appointed by the Scottish Ministers under section 2(1) of the Act;

“film” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988[^f00042];

“Governor” means– in this rule, rules 82(4), 92, 107, 108 and in any rule in Part 12 (other than rule 122), the Governor in Charge; in rules 6, 7, 13, 29 and 81 and in any rule in Parts 3, 8, 10 (other than rules 107 and 108), 11 and 14 to 17 and, unless otherwise expressly provided for, in directions made under rules 17(2)(g), 17(3), 19(1)(b)(iii), 21(5), 59(3)(b), 60(2), 62(2), 77(3) and 88, any of the following– the Governor in Charge; the Deputy Governor; any authorised Unit Manager; and where there is no officer as mentioned in sub paragraphs (i) to (iii) above present for the time being in the prison, the most senior officer who is present in prison at that time; and in any other provision in these Rules, any officer;

“Governor in Charge” means the officer who is appointed as the Governor in overall charge of the prison or, in the case of legalised police cells, the constable who is in charge of the cells;

“legal adviser” means a person who is entitled to practise– as a solicitor, an advocate or a barrister in any part of the United Kingdom; or 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– is directed to a specific person or address; and 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” means a person serving a sentence of imprisonment for a term of four years or more which was imposed on or after 1st October 1993 and includes any person who is treated as such a prisoner for the purposes of any provision of Part I of the 1993 Act;

“media representative” means a photographer, cameraman or a researcher or producer for or of any television, radio or other programme intended for broadcast or transmission by any form of electronic medium;

“medical officer” means a registered medical practitioner who is– appointed as a medical officer by virtue of an appointment made under section 3(1) of the Act prior to its amendment by section 43(1) of the Crime and Punishment (Scotland) Act 1997[^f00043]; appointed to be a medical officer for the prison under section 3A(2)(a) of the Act[^f00044]; or providing, or supervising the provision of, appropriate medical services within the meaning of section 3A(3) of the Act[^f00045], in accordance with an arrangement made under section 3A(2)(b) of the Act[^f00046], and, except where the context otherwise requires, any reference to a medical officer includes such an officer who is for the time being liable to be required to attend at the prison;

“officer” means– an officer of the prison appointed by the Scottish Ministers and includes the Governor and, for the purposes of rule 109, includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 114 of the 1994 Act[^f00047]; or in the case of a legalised police cell, any constable.

“photograph” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988[^f00048];

“Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994[^f00049] 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[^f00050];

“prison minister” means a person who is appointed by the Scottish Ministers pursuant to section 9(1) of the Act as a minister to a prison;

“prohibited article” means– any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971[^f00051]; any firearm or any ammunition within the meaning of the Firearms Act 1968[^f00052]; any offensive weapon within the meaning of section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995[^f00053]; any article to which section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 applies; or alcoholic liquor;

“reception”, in relation to a prisoner committed to prison means the process of receiving a prisoner into prison– on his or her removal to prison from court, or any other place, in implementation of the warrant, order or certificate ordering or authorising his or her detention in custody; or on his or her transfer to any prison from any other prison, or from any remand centre, young offenders institution or other place where he or she was liable to be detained in custody, and cognate expressions shall be construed accordingly;

“refugee” means– 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[^f00054] as extended by the Protocol thereto which entered into force on 4th October 1987[^f00055] or, as the case may be, the Protocol relating to the status of refugees done at New York on 31st January 1967[^f00056]; or 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;

“short-term prisoner” means a person serving a sentence of imprisonment for a term of less than four years which was imposed on or after 1st October 1993 and includes any person who is treated as such a prisoner for the purposes of any provision of Part I of the 1993 Act;

“smoke” has the meaning assigned to it in the Smoking, Health and Social Care (Scotland) Act 2005[^f00057];

“sound recording” has the same meaning as in Part I of the Copyright, Designs and Patents Act 1988[^f00058];

“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[^f00059];

“supervision level” means a supervision level which may be assigned in accordance with Part 3 of these Rules;

“Unit Manager” means an officer who is appointed to manage a function or group of functions within the prison;

“untried prisoner” means a person who is committed to prison– for examination or trial on any criminal charge; by virtue of remand in custody under the Extradition Act 2003[^f00060]; or by virtue of detention under Schedule 2 or 3 to the Immigration Act 1971[^f00061], 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 or her denomination in terms of section 9(3) of the Act[^f00062];

“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) Except where the context otherwise requires, for the purposes of any reference, however expressed, in these Rules to the term of imprisonment or other detention to which a person has been sentenced or which, having been sentenced, that person has served (in whole or in part), consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

Elimination of discrimination

6

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

7

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.

PART 2 — RECEPTION, RECORDS, CLASSIFICATION AND ALLOCATION

Production of warrant, order, direction or certificate

8

No person shall be received as a prisoner into prison unless there exists and is produced in respect of that person a valid warrant, order, direction or certificate authorising detention in custody.

Procedure on reception of prisoners

9

(1) This rule applies in relation to every prisoner on reception.

(2) Every prisoner shall be searched in accordance with rule 106.

(3) The Governor may deliver–

(a) subject to sub paragraph (b), any prohibited article in the possession of the prisoner to the police; and

(b) any medicines in the possession of the prisoner to a medical officer.

(4) Subject to paragraph (5), every prisoner shall be required by an officer to take a hot bath or shower.

(5) The Governor or a medical officer may direct that a prisoner shall not be required to take a hot bath or shower, in which event he or she shall explain the reasons why to the prisoner concerned.

Interview and medical examination of prisoners on reception

10

(1) Every prisoner shall be interviewed by an officer at the time of reception in order to identify any problems which may require immediate attention.

(2) Every prisoner shall be examined by a medical officer, or such other person as such an officer may instruct–

(a) in the case of the prisoner’s reception on removal from court or any other place, other than on a transfer from any prison, remand centre or young offenders institution, within 24 hours of that reception; or

(b) in the case of the prisoner’s reception on transfer from any other prison, remand centre or young offenders institution–

(i) where some cause for concern is apparent to an officer on reception, as soon as reasonably practicable and no later than 24 hours after reception; or

(ii) in any other case, within 72 hours of that reception.

Information to be given to prisoners on reception

11

(1) Paragraphs (2) to (5), (6)(e) and (7) of this rule do not apply in relation to a prisoner who is received into prison on transfer from any other prison.

(2) Every prisoner shall be informed by the Governor at the time of reception how the prisoner may inform–

(a) up to two persons; and

(b) a legal adviser,

of the prisoner’s reception into prison, and the Governor shall make available reasonable facilities for that purpose.

(3) A prisoner who is a foreign national shall also be informed of his or her entitlement to contact, in addition to the persons mentioned in paragraph (2), a diplomatic representative of the prisoner’s choice.

(4) A prisoner who is a refugee or stateless person shall also be informed of his or her entitlement to contact, in addition to the persons mentioned in paragraph (2),–

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

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

(5) A prisoner who is committed to prison on default of the payment of any sum of money due to be paid by the prisoner shall be informed by the Governor at the time of reception of the facilities available in terms of rule 79 to arrange the making of such payment as will entitle the prisoner to be released from prison.

(6) On reception every prisoner shall be provided with information in writing by the Governor concerning the following matters:–

(a) the rules, directions and standing orders which apply in that prison;

(b) the prison routine and regime;

(d) how the prisoner may maintain contact with relatives and friends; and

(e) the rights of appeal against conviction or sentence, or against both conviction and sentence, which may be available to him or her in terms of–

(i) section 106 or 175 of the Criminal Procedure (Scotland) Act 1995[^f00063] or, as the case may be, section 19 of the 1993 Act [^f00064]; or

(ii) in the case of a prisoner convicted by a court-martial under the Army Act 1955[^f00065], the Air Force Act 1955[^f00066] or the Naval Discipline Act 1957[^f00067], the Courts-Martial (Appeals) Act 1968[^f00068].

(7) In the case of any prisoner whose date of release can be calculated at the time of reception, the Governor shall inform the prisoner of that date as soon as may be reasonably practicable and normally within 48 hours.

(8) The information to be provided to any prisoner in terms of this rule shall be provided in a manner which enables the prisoner to understand it.

Registration and records of prisoners

12

(1) As soon as may be reasonably practicable following reception the following particulars of every prisoner shall be recorded by the Governor insofar as the Governor considers they are relevant to the identification and management of that prisoner:–

(a) the religious denomination to which the prisoner has declared him or herself to belong;

(b) any distinctive marks on his or her body;

(d) any other personal particulars.

(2) Paragraph (1) does not apply in relation to a prisoner who is received into prison on transfer from any other prison.

(3) Any information received for the purposes of paragraph (1) shall be updated as necessary during the prisoner’s confinement in the prison.

(4) The Governor may at any time during the confinement of a prisoner (other than an untried or civil prisoner) in prison–

(a) photograph; and

(b) take fingerprints of,

the prisoner.

(5) The Governor may at any time during the period that an untried prisoner is remanded or detained in prison take photographs of, and fingerprints from, an untried prisoner.

(6) Where an untried prisoner is released before trial or disposal of proceedings or he or she is acquitted after trial or, as the case may be, successfully defends any proceedings brought against him or her under the Extradition Act 1989 or the Immigration Act 1971–

(a) any photographs taken of him or her under paragraph (5) together with negatives and copies; and

(b) any fingerprints taken of him or her,

shall be forthwith destroyed unless the procurator fiscal requests their retention in connection with any other proceedings.

(7) Where fingerprints are taken in accordance with paragraph (4) or (5), an officer shall require the prisoner to sign a fingerprint form relating to the prints at that time.

(8) The Governor shall ensure that information recorded in terms of this rule is kept confidential.

Classification of prisoners

13

Every prisoner may be classified by the Governor according to–

(a) age;

(b) sex;

(d) period of sentence or committal; and

(e) previous record.

Allocation of prisoners

14

(1) The Scottish Ministers may set aside particular prisons or parts of prisons for particular groups or categories of prisoners or particular purposes.

(2) Subject to paragraph (1), the Governor may, having regard to–

(a) the classification of a prisoner;

(b) the supervision level of a prisoner; and

allocate within a prison a particular part of that prison in which a prisoner, or any particular group or category of prisoners, may be confined.

(3) At the request of the prisoner following his or her allocation within any part of the prison, the Governor shall give him or her an explanation of the reasons why he or she has been allocated to that part of the prison.

Separation of different categories of prisoners

15

The Governor shall, so far as reasonably practicable, keep civil prisoners, untried prisoners and young prisoners apart from other categories of prisoners.

PART 3 — SUPERVISION LEVELS

Supervision levels

16

The supervision levels which may be assigned to prisoners in accordance with this Part of these Rules are specified in column 1 of the Table set out below and the description of each level is set out opposite that level in column 2 of the Table:–

Column 1	Column 2
Supervision Level	Description
High Supervision	A prisoner for whom all activities and movements require to be authorised, supervised and monitored by an officer.
Medium Supervision	A prisoner for whom activities and movements are subject to limited supervision and restrictions.
Low Supervision	A prisoner for whom activities and movements are subject to minimum supervision and restrictions, and who may be given the opportunity to participate in supervised or unsupervised activities in the community.

Assignment of supervision levels

17

(1) Every prisoner shall be assigned a supervision level in accordance with the provisions of this Part of these Rules.

(2) Subject to paragraphs (3) to (9), a prisoner shall be assigned the appropriate supervision level having regard, so far as applicable, to the following criteria:–

(a) the seriousness of the offence for which the prisoner has been convicted;

(b) the prisoner’s previous convictions;

(d) the length of time that the prisoner has spent in custody;

(e) the prisoner’s conduct in custody;

(f) the prisoner’s trustworthiness and stability; and

(g) any other criteria as may be specified in a direction made by the Scottish Ministers for the purposes of this rule.

(3) Any such direction made by the Scottish Ministers may make provision for the relative importance that is to be given to each of the criteria in determining the assignment of a supervision level, and may make provision as to the form and content of any document that may be required to be completed by the Governor when assigning, or when reviewing the assignment of, a supervision level.

(4) Subject to paragraph (7), all prisoners, on reception, shall be assigned high supervision level.

(5) Within 72 hours of reception, the supervision level of all prisoners shall be reviewed in accordance with the provisions of these Rules.

(6) An untried prisoner, or a prisoner who has been convicted but is awaiting sentence, shall be assigned no lower a supervision level than medium supervision level.

(7) On reception, a prisoner who is–

(a) transferred under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997[^f00069] where the transfer is–

(i) a restricted transfer within the meaning of paragraph 6(1) of that Schedule; and

(ii) has been made for a temporary purpose; or

(b) transferred under paragraph 2 or 3 of Schedule 1 to the said Act of 1997[^f00070],

shall be assigned for the period of the detention a supervision level which, in the opinion of the Governor, is the nearest equivalent to the prisoner’s classification in the prison or place in the part of the United Kingdom, the Channel Islands or the Isle of Man in which the prisoner was detained immediately before the transfer took place.

(8) Following the review of a supervision level in terms of paragraph (5) above, the Governor shall keep under review and shall formally review within 6 months, and thereafter at least once in every period of 12 months, the supervision level assigned to each prisoner and may, if appropriate, assign another supervision level to the prisoner.

(9) The entitlement of any prisoner who is assigned low supervision level to participate in supervised or unsupervised activities in the community shall be subject to the requirements of rule 111 and of Part 15 of these Rules.

Information regarding assignment of a supervision level

18

(1) This rule does not apply to the assignment of high supervision level on reception or to the review of a supervision level to which rule 19 applies.

(2) Following the assignment of a supervision level or the review of a supervision level in accordance with this Part of these Rules, the Governor shall–

(a) inform the prisoner in writing–

(i) in the case of the assignment of a supervision level of the reasons why the supervision level assigned is appropriate; or

(ii) in the case of a review which has resulted in no change of level, of the reasons why a lower level is not appropriate; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in reaching the relevant decision.

(3) If the Governor is of the opinion that any document or any other information of which the Governor was aware and to which he or she has had regard in reaching the relevant decision would, if disclosed to the prisoner, be likely to be damaging on one or more of the following grounds, namely:–

(a) that it would be likely adversely to affect the health, welfare or safety of the prisoner or of any other person;

(b) that it would be likely to result in the commission of an offence;

(c) that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;

(d) that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders; or

(e) that it would be likely otherwise to damage the public interest,

the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall, in writing, inform the prisoner, but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

Right to make representations prior to certain reviews of supervision level

19

(1) This rule applies when, in the course of a review of a prisoner’s supervision level, a Governor is minded to assign–

(a) a higher supervision level than the existing level that is assigned to the prisoner; or

(b) a supervision level other than low supervision to a prisoner who is–

(i) a long-term prisoner who is eligible to be considered by the Parole Board for Scotland in terms of Part I of the 1993 Act;

(ii) a life prisoner who has served the part of his or her sentence specified in an order made under section 2(3) of the 1993 Act; or

(iii) a prisoner who has not yet served the part of his or her sentence specified in sub paragraph (i) or (ii) but who has served such part of his or her sentence as may be specified in a direction made by the Scottish Ministers.

(2) The Governor shall–

(a) provide the prisoner with a written notice informing him–

(i) of the supervision level that it is proposed should be assigned to the prisoner;

(ii) of the reasons for that proposal; and

(iii) of the procedure by which the prisoner may make written representations in relation to the proposed assignment of the supervision level; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in considering the matter.

(3) If the Governor is of the opinion that any document or other information of which the Governor was aware and to which he or she has had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 18(3), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

(4) In a case to which paragraph (2) applies, the Governor shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the assignment of a supervision level; and

(b) if the supervision level is assigned in circumstances as mentioned in paragraph (1), provide the prisoner with a written statement of reasons for his or her decision.

Imposition of special security measures

20

(1) Subject to paragraphs (2) to (6), the Governor may impose special security measures, being measures which are separate from and additional to anything that can be done under Part 10 of these Rules, on any prisoner who is assigned high supervision level where the Governor considers that the imposition of these measures are necessary–

(a) in the interests of the health, welfare or safety of the prisoner or any other person; or

(b) to prevent an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody.

(2) The Governor, if minded to impose special security measures on a prisoner (other than an untried prisoner), shall–

(a) provide the prisoner with a written notice stating–

(i) the measures that are to be imposed;

(ii) the reasons why they are to be imposed; and

(iii) the procedure by which the prisoner may make written representations in relation to the imposition of the special security measures; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in considering the matter.

(3) If the Governor is of the opinion that any document or other information of which the Governor was aware and to which he or she has had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 18(3), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

(4) In a case to which paragraph (2) applies, the Governor shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the imposition of special security measures; and

(b) if special security measures are imposed, provide the prisoner with a written statement of reasons for this decision.

(5) The Governor shall not be prevented from imposing special security measures on a prisoner on a provisional basis without having recourse to the procedure at paragraphs (2), (3) and (4) where the Governor considers that the immediate, provisional, imposition of the measures is necessary for either of the purposes in paragraph (1)(a) or (b):

Provided that– the prisoner is informed in writing of the provisional imposition of the special security measures; and the procedure referred to at paragraphs (2), (3) and (4) is commenced within 48 hours of the provisional imposition of the special security measures.

(6) If the Governor decides that the provisional imposition of the special security measures does not require to extend beyond a 48 hour period, then the procedure referred to at paragraphs (2), (3) and (4) shall not apply, and the prisoner shall be informed in writing, within 24 hours of the Governor’s decision, that the special security measures are no longer provisionally imposed.

Reviews of imposition of special security measures

21

(1) The Governor shall keep the imposition of special security measures under review, and shall formally review, at least once in every period of 6 months, whether the continued imposition of the special security measures continues to be necessary for either of the purposes in rule 20(1)(a) and (b).

(2) If, in formally reviewing the continued imposition of special security measures, the Governor is minded to continue to impose these measures on a prisoner then the Governor shall–

(a) provide the prisoner with a written notice stating–

(i) the measures that the Governor is minded to continue to impose;

(ii) the reasons why they are to be continued; and

(iii) the procedure by which the prisoner may make written representations in relation to the continued imposition of the special security measures; and

(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with–

(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware and to which he or she has had regard,

in considering the matter.

(3) If the Governor is of the opinion that any document or other information of which the Governor was aware and to which he or she has had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 18(3), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

(4) In a case to which paragraph (2) applies, the Governor shall–

(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the continued imposition of special security measures; and

(b) if special security measures continue to be imposed, provide the prisoner with a written statement of reasons for this decision.

(5) The Scottish Ministers may make a direction for the purposes of prescribing–

(a) the procedure in terms of which notices may be provided to a prisoner, and representations may be made, under rules 19, 20 and this rule;

(b) the form in which any such notice or representations may be provided or made; and

PART 4 — PHYSICAL AND PERSONAL ENVIRONMENT

Accommodation of prisoners in cells and rooms

22

(1) Subject to paragraphs (2) and (3), every prisoner shall be accommodated by him or herself in a cell or room.

(2) Two or more prisoners may be required to share accommodation in a cell or room where–

(a) the nature of the accommodation in the prison, or the circumstances pertaining in that or any other prison to which these Rules apply, make such sharing necessary; or

(b) either the Governor, or a medical officer with the consent of the Governor, instructs this.

(3) Where a cell or room is used to accommodate 2 or more prisoners, the prisoners concerned shall be persons whom the Governor, or a medical officer on medical grounds, considers suitable to associate with each other in that accommodation.

Standard of accommodation

23

(1) Each cell or room used to accommodate prisoners shall be fitted with means of communication with an officer.

(2) Each cell or room used to accommodate prisoners, and any other part of a prison in which prisoners are otherwise kept, or to which they ordinarily have access, shall be of an adequate size and be lighted, heated, ventilated and furnished as is necessary for the health and safety of prisoners.

(3) Every prisoner shall be required to keep the cell or room in which that prisoner is accommodated in a clean and tidy condition except when excused from doing so–

(a) by a medical officer on medical grounds; or

(b) by the Governor on any other ground.

Provision of bedding

24

(1) The Governor shall provide beds and bedding to enable every prisoner to have a separate bed, and bedding sufficient for warmth and health.

(2) Notwithstanding paragraph (1), the Governor may, at the request of a prisoner, provide that prisoner with a mattress only instead of a bed.

(3) Every prisoner’s bedding shall be changed as frequently as is necessary to ensure its cleanliness.

(4) Except with the consent of the Governor, no prisoner shall be permitted to receive or possess bedding other than that which is provided in terms of paragraph (1).

Entitlement of an untried prisoner to wear his or her own clothing

25

(1) Subject to paragraph (2), every untried prisoner may wear his or her own clothing in prison and on those occasions when required or permitted to be outside the prison.

(2) Paragraph (1) does not apply to an untried prisoner where–

(a) particular clothing may be required for the purposes of legal proceedings;

(b) a medical officer considers that–

(i) the prisoner’s clothing is prejudicial to the prisoner’s health; or

(ii) special clothing is required on medical grounds;

(i) is in poor condition;

(ii) may be prejudicial to security, good order or discipline within the prison, or

(iii) is incompatible with the facilities at, or management of, the prison;

(d) special or protective clothing is required for particular work or activities being undertaken by the prisoner; or

(e) the entitlement of a prisoner to wear his or her own clothing has been forfeited under rule 119(1)(e).

(3) Where the Scottish Ministers consider, in relation to any prison to which these Rules apply, that it is not appropriate to permit untried prisoners, or particular categories of untried prisoners, to wear their own clothing in that prison, they may specify in a direction that paragraph (1) shall not apply in relation to any untried prisoner, or any category of untried prisoner, in that prison.

Circumstances in which a prisoner other than an untried prisoner may wear his or her own clothing

26

(1) The Governor may permit a prisoner other than an untried prisoner to wear his or her own clothing in prison and on those occasions when required or permitted to be outside the prison.

(2) In considering whether or not to exercise his or her discretion in accordance with paragraph (1), the Governor shall take into account the matters set out in sub paragraphs (a) to (d) of rule 25(2) as well as any other matters that appear to the Governor to be relevant.

(3) A permission given by the Governor may be withdrawn at any time if the Governor considers it appropriate.

Provision of clothing to prisoners

27

(1) The Governor shall provide suitable clothing for every prisoner where the prisoner has insufficient clothing or does not wish, or is not permitted in terms of rule 25 or rule 26, to wear their own clothing.

(2) For the purposes of paragraph (1), suitable clothing shall mean clothing which–

(a) is of good condition, appearance and fit; and

(b) having regard to the circumstances, is suitable for the health and safety of the prisoner.

(3) Any clothing provided in terms of paragraph (1) shall–

(a) so far as reasonably practicable, be issued by the Governor for use by the prisoner concerned on a personal basis;

(b) where required to be worn by the prisoner on occasions when outwith the prison, not give any indication that the prisoner is such a person; and

(4) If a medical officer is of the opinion that any article of clothing belonging to, or provided to, a prisoner requires disinfection–

(a) where applicable, any officer may require the prisoner to change out of the article;

(b) the prisoner shall be provided with such clean clothing as is necessary; and

Changes of clothing

28

(1) Subject to paragraph (2), the Governor shall ensure that every prisoner has sufficient clothing, whether of their own or provided pursuant to rule 27(1), to enable the prisoner–

(a) to change daily his or her socks and underwear and such other articles of clothing as may be specified in a direction by the Scottish Ministers; and

(b) to have a clean change of other clothing as often as is necessary for the purposes of health and hygiene.

(2) Where the Scottish Ministers consider that it is not practicable, by reason of the circumstances pertaining in, or facilities available at, any prison, to enable prisoners to change daily their socks and underwear or any other article of clothing, they may specify in a direction–

(a) that paragraph (1)(a) shall not apply in relation to prisoners in that prison; or

(b) that in the application of paragraph (1)(a) to prisoners detained in that prison, the frequency with which prisoners shall be able to change socks and underwear shall be at such lesser frequency as is specified in the direction.

Prisoners' food

29

(1) The Governor shall ensure that every prisoner is provided with sufficient wholesome and nutritious food and drink, well prepared and presented, which takes into account the prisoner’s age, health, and, so far as reasonably practicable, his or her religious, cultural or other requirements.

(2) Where by reason of exceptional circumstances pertaining in the prison, it is not practicable to provide food and drink to prisoners, or any particular group or category of prisoners, in terms of paragraph (1)–

(a) subject to sub paragraph (b), the Governor shall seek to provide food and drink so far as reasonably practicable having regard to the circumstances; and

(b) where the exceptional circumstances have existed for more than 48 hours, the Scottish Ministers may by direction provide that paragraph (1) shall not apply in relation to prisoners in that prison until such time as they consider that it is practicable for it to do so.

(3) The Governor shall, on a daily basis–

(a) taste some food and drink prepared for prisoners for the purpose of checking its quality and condition;

(b) check that the quantity of food and drink prepared for prisoners is adequate; and

(c) ensure that the conditions under which such food and drink are prepared and served or re heated prior to serving are inspected by an officer.

(4) If an officer finds any deficiency as a result of any inspection or sampling in terms of paragraph (3), the Governor shall remedy the deficiency as soon as reasonably practicable.

(5) Except where the Governor or a medical officer so authorises, no prisoner shall receive or possess food or drink other than that which–

(a) is provided in terms of this rule; or

(b) the prisoner is permitted to purchase within the prison.

Personal hygiene

30

(1) The Governor shall–

(a) afford every prisoner the opportunity to keep clean; and

(b) provide every prisoner with such toiletries, including–

(i) shaving materials if required; and

(ii) in the case of female prisoners, sanitary protection,

as are necessary for the prisoner’s health and cleanliness.

(2) The Governor shall ensure that every prisoner has access at all reasonable times to such facilities for washing and bathing or showering as are necessary for health and cleanliness and which enable the prisoner to bathe or shower at least twice a week.

(3) A prisoner shall neither be prevented from growing nor be required to remove a moustache or beard, or both, nor shall the prisoner’s hair be cut without consent of the prisoner, unless a medical officer considers it necessary to do so on medical grounds.

PART 5 — HEALTH AND WELFARE

Smoking

31

No prisoner shall smoke in a prison except–

(a) where rule 22(1) applies, in a cell or room in which that prisoner is accommodated by him or herself;

(b) where rule 22(2) applies, in a cell or room in which that prisoner is accommodated and which the Governor designates as a smoking area in accordance with a direction given by the Scottish Ministers; or

Provision of medical and other services and facilities

32

(1) The Scottish Ministers shall make arrangements for the provision at every prison to such extent as they consider necessary, of appropriate medical services and facilities for the maintenance of good health, the prevention of illness, the care of prisoners suffering from illness or the aftercare of such prisoners.

(2) For the purposes of this rule, “medical services and facilities” includes any form of service or facility for the care of a person’s health.

General duty of medical officers to attend prisoners

33

A medical officer shall attend prisoners who complain of illness at such times, and with such frequency, as the medical officer judges necessary in the circumstances.

Notification to a medical officer of prisoners requiring attention

34

The Governor shall, without delay, bring to the attention of a medical officer any prisoner whose physical or mental condition appears to require the attention of the medical officer.

Arrangements for care by other medical practitioners or other persons providing professional services or at outside facilities

35

(1) A medical officer who considers it appropriate to call into consultation, or refer a prisoner to, another medical practitioner or a specialist, shall–

(a) inform the Governor; and

(b) thereafter make such arrangements as are necessary.

(2) Where a medical officer considers that the condition of a prisoner’s health requires treatment at a medical facility outwith the prison, the Governor shall make such arrangements for the transfer of the prisoner to such facility as the Governor considers appropriate.

(3) In this rule, “medical facility” includes any hospital and any other premises at which any form of services for the care of a person’s health is provided.

Duty of medical officer to visit prisoners subject to cellular confinement

36

Where cellular confinement is imposed on a prisoner in terms of rule 119(1)(d), a medical officer shall visit the prisoner as soon as practicable and no later than 24 hours after the imposition of that confinement and thereafter as the medical officer considers is necessary.

Duty of medical officer to notify certain matters

37

(1) A medical officer who is of the opinion on medical grounds that a prisoner should–

(a) be confined in specified conditions;

(b) not participate in specified activities;

(c) participate in specified activities only in accordance with such conditions as the medical officer considers necessary;

(d) not be subject to cellular confinement where this has been imposed in terms of rule 119(1)(d); or

(e) not be placed under a restraint in terms of rule 97,

shall notify the Governor, who shall give effect to the medical officer’s opinion without delay.

(2) A medical officer shall notify the Governor without delay of any matter connected with a prisoner or the treatment of prisoners which appears to the medical officer to require attention on medical grounds.

(3) If in respect of any prisoner a medical officer is of the opinion on medical grounds that–

(a) the prisoner is totally and permanently unfit to be detained further in prison;

(b) the life of the prisoner is likely to be endangered by continued detention in prison; or

(c) the health of the prisoner is such that the prisoner is unlikely to survive the sentence or the period for which the prisoner is remanded or detained,

the medical officer shall notify the Governor without delay.

(4) A medical officer shall–

(a) where a matter notified to the Governor pursuant to paragraph (2) remains unattended, report the matter to the Scottish Ministers; and

(b) notify the Scottish Ministers of any case notified to the Governor pursuant to paragraph (3).

Notification of relatives and friends of prisoners suffering serious illness, etc

38

(1) If a prisoner becomes seriously ill or sustains serious injury or is admitted to a hospital outwith the prison, the Governor shall, where possible, ask the prisoner if any relative or friend, or any other person, should be informed.

(2) Subject to paragraph (3) where the prisoner wishes any relative, friend or other person to be informed of any event mentioned in paragraph (1), the Governor shall notify any such person accordingly.

(3) The Governor shall not be required to notify more than 2 persons in accordance with paragraph (2).

(4) In the case of a young prisoner, or a young offender who is under the age of 16 years, the Governor shall notify the parent or guardian of that prisoner or young offender of any event mentioned in paragraph (1).

Transfer to hospital for treatment for mental disorder

39

(1) Where it appears to a medical officer that a prisoner to whom section 52C(1)(a) to (c) of the 1995 Act[^f00071] applies has a mental disorder such that an application may be made under section 52C of that Act to the court for an assessment order, the medical officer shall make arrangements to obtain the evidence of a medical practitioner which may be presented to the court in terms of section 52D of that Act.

(2) Where it appears to a medical officer that a prisoner to whom section 52L(1)(a) to (c) of the 1995 Act applies has a mental disorder such that an application may be made under section 52L of that Act to the court for a treatment order, the medical officer shall make arrangements to obtain the evidence of two medical practitioners which may be presented to the court in terms of section 52M of that Act.

(3) Where the evidence mentioned in paragraphs (1) or (2) above is to the effect that the matters specified in section 52D(3) or, as the case may be, section 52M(4) of the 1995 Act are met, the medical officer shall submit it to the Scottish Ministers.

(4) Where it appears to a medical officer that a prisoner to whom section 136(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003[^f00072] applies may have a mental disorder, he or she shall–

(a) obtain the written reports of two medical practitioners, one of whom must be an approved medical practitioner within the meaning of section 22 of that Act, and

(b) if such reports are to the effect that the matters specified in section 136(6) of that Act are met, submit them to the Scottish Ministers.

Records of medical treatment

40

(1) Subject to paragraph (2), a medical officer shall in respect of each prisoner maintain a record of the prisoner’s health and of all medical treatment given to that prisoner in prison, or at a medical facility outwith prison, during the period the prisoner is committed to that prison.

(2) Where–

(a) a prisoner is moved from any prison to any other prison; or

(b) a young offender is moved from any young offenders institution to any other institution or to a prison in terms of section 20A or 21 of the Act[^f00073],

a medical officer of the prison or young offenders institution from which the person is moved shall send the prisoner’s or young offender’s medical record to a medical officer of the prison or young offenders institution to which the prisoner or young offender is moved.

(3) For the purposes of this rule, “medical treatment” shall be deemed to include any examination, consultation, diagnosis, operation, treatment or prescription.

Prisoners' welfare

41

The Governor shall ensure that every prisoner is given reasonable assistance and facilities to maintain and develop relationships with family and friends and with such other persons and agencies outwith the prison as may best offer the prisoner assistance during the sentence or period of committal, and in preparation for and after release.

Visits to untried and civil prisoners by medical and dental practitioners

42

(1) Subject to paragraph (2), the Governor shall at the request of an untried prisoner or a civil prisoner permit a medical or dental practitioner of the prisoner’s own choice to visit the prisoner for the purpose of giving treatment.

(2) Where an untried prisoner or a civil prisoner is permitted to be visited by a medical or dental practitioner in terms of this rule, the prisoner shall be responsible for the expenses of that visit and any treatment rendered.

PART 6 — RELIGION

Facilities for religious practice

43

(1) Every prisoner shall be allowed to observe the requirements of the prisoner’s religious and moral beliefs subject to and in accordance with the provisions of the Act, these Rules and of any direction made for the purposes of these Rules.

(2) The Governor shall ensure that every prisoner is informed of the facilities or arrangements which exist or may be made for the purposes of paragraph (1).

Duties of members of the chaplaincy team

44

(1) Each member of the chaplaincy team shall, for the purposes of prisoners of their respective religious denomination–

(a) visit each such prisoner as soon as practicable after reception into prison and at such other times thereafter as the prisoner and the member may agree;

(b) conduct religious services or meetings at such times as the member after consultation with the Governor considers appropriate;

(c) with the approval of the Governor, make any other arrangements which the member considers necessary for the provision of religious ministration to such prisoners.

(2) Subject to the approval of the Governor, any person may–

(a) act on behalf of the member of the chaplaincy team in the member’s absence; or

(b) assist the member,

for the purposes of carrying out any of the duties specified in paragraph (1).

(3) A member of the chaplaincy team may make arrangements, with the approval of the Governor, for the purpose of enabling a prisoner to be visited by a minister of any religious denomination or an authorised representative.

Visiting ministers

45

Where a visiting minister is allowed to visit prisoners, the Governor shall make arrangements, so far as practicable, to enable the minister–

(a) to conduct religious services or meetings for such prisoners; and

(b) to make any other arrangements which the minister considers necessary for the provision of religious ministration to such prisoners,

in accordance with such guidance as the Governor may give.

Religious services and visits

46

(1) Subject to rule 94(1) and to paragraph (2) below, every prisoner who belongs to a religion or a religious denomination may attend such services or meetings of their denomination as may, with the consent of the Governor, be arranged by the chaplain or minister concerned.

(2) The Governor may prevent a prisoner from attending any service or meeting of his or her religious denomination if, in exceptional circumstances, the Governor considers it is necessary to do so in the interests of good order.

(3) The Governor shall notify the chaplain or the appropriate prison minister as soon as practicable following receipt of any request by a prisoner to receive a visit by the chaplain or, as the case may be, the prison minister.

(4) Any visit to a prisoner by a member of the chaplaincy team shall be held outwith the sight and hearing of an officer except where–

(a) the member concerned requests otherwise; or

(b) the Governor considers it would be prejudicial to the interests of security or to the safety of the member for an officer not to be present.

Religious books, items and practices

47

(1) The Governor shall provide such literature and other materials as the Governor considers appropriate for prisoners' religious needs.

(2) Every prisoner shall, so far as reasonably practicable, be allowed–

(a) to have in their possession and for their personal use, religious books, items and materials appropriate to his or her religious denomination; and

(b) to engage in the practices of his or her religious denomination.

PART 7 — PRIVILEGES AND PRISONERS' PROPERTY

Possession of tobacco by untried and civil prisoners

48

An untried prisoner or a civil prisoner shall be entitled to keep tobacco in his or her possession provided that he or she is at least 16 years old.

Privileges

49

(1) The Governor of each prison shall establish, subject to paragraph (3), such system of privileges as may be appropriate to the groups or categories of prisoners detained in the prison.

(2) A system of privileges may include privileges which apply to different classes of prisoners or in respect of different parts of the prison.

(3) A system of privileges established under this rule shall make provision at least in relation to–

(a) the items of property which the Governor may, in terms of rule 52, allow a prisoner to have in their room or cell;

(b) the arrangements whereby a prisoner may purchase items within, or outwith, the prison;

(c) the use of recreational and library facilities provided, or the participation in recreational activities organised, by virtue of rule 90;

(d) the arrangements whereby a prisoner may have tobacco in his or her possession;

(e) the circumstances in which privileges may be withdrawn from a prisoner; and

(f) any other matter as may be specified in a direction made by the Scottish Ministers under and for the purposes of this rule.

(4) A system of privileges shall not make provision which prejudices or derogates from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made for any purpose specified in these Rules, and any such entitlement or right shall not be regarded as a privilege granted by virtue of this rule and shall not be capable of being forfeited under rule 119(1)(b).

(5) The Governor shall ensure that every prisoner is provided with information, in a manner which enables the prisoner to understand it, in relation to–

(a) the application to the prisoner of the system of privileges established under this rule; and

(b) the circumstances in which privileges may be withdrawn.

(6) Where the Governor–

(a) withdraws any privilege enjoyed by a prisoner; or

(b) refuses to grant to any prisoner a privilege which is enjoyed by other prisoners,

the Governor shall give reasons for that decision to the prisoner concerned.

Reception of personal property of prisoners

50

(1) The items of property belonging to any prisoner which are received into or purchased within prison shall be managed in accordance with this rule and rules 51 and 52.

(2) Subject to the other provisions of these Rules, the Governor may refuse to receive any item of property sent to the prison for a prisoner and, where appropriate, may return it to the sender.

(3) All items of property belonging to a prisoner which are received into prison other than–

(a) property purchased by the prisoner within the prison;

(b) letters or other written communications sent to the prisoner; or

shall be recorded by an officer in the prisoner’s record.

(4) Where a record is prepared in terms of paragraph (3), the prisoner concerned shall–

(a) be given the opportunity to check its accuracy; and

(b) thereafter, be required to sign it.

Storage or disposal of personal property of prisoners

51

(1) Subject to paragraph (2), the Governor shall make arrangements for the safe storage of all items of property belonging to a prisoner which have been received into prison, except for items which a prisoner is allowed to keep in his or her room or cell or on his or her person.

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