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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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(2) Where the Governor is of the opinion that any item of property belonging to or which has been sent to a prisoner and which has been received into prison is prejudicial to health, safety, security or good order–

(a) the Governor shall notify the prisoner; and

(b) except where it is reasonably practicable for the prisoner to arrange for disposal, may make arrangements for the disposal or, in the case of anything perishable, the destruction of any such item.

Personal property of prisoners in rooms or cells

52

(1) Every prisoner shall be entitled to keep in his or her room or cell such items of property as may be specified in a direction by the Scottish Ministers.

(2) Without prejudice to paragraph (1), the Governor may allow a prisoner to have in his or her possession or to keep in his or her room or cell such items of property as are compatible with–

(a) the size and furnishings of the room or cell;

(b) matters of health, safety, security and good order; and

Prisoners' money

53

(1) The Governor may specify in relation to any prisoner or any category of prisoner–

(a) whether such a prisoner, or such category of prisoner, may have cash in his or her possession; or

(b) if any such prisoner is permitted to have cash in his or her possession, the maximum amount of, or the denominations of, cash which that prisoner may possess.

(2) The Governor shall hold on behalf of a prisoner any other money belonging to the prisoner which–

(a) represents earnings paid by virtue of rule 88; or

(b) has been received in the prison and which does not exceed any restrictions as to the amount of money which a prisoner may receive as may be prescribed in a direction made for the purposes mentioned in rule 60(2).

(3) Subject to paragraph (4), a prisoner may withdraw money held on his or her behalf in terms of paragraph (2) by authorising the Governor to deduct such sums as are required for the purpose of making specific payments to persons outwith prison or for the purpose of purchasing any article in prison or any article to be delivered to prison.

(4) The Governor may specify in relation to any prisoner, or any category of prisoner, the maximum amount which may be so withdrawn–

(a) during any specified period; and

(b) for the purposes of purchasing any article in prison or any article to be delivered to prison.

(5) The Governor shall, in respect of each prisoner, keep a record of all money deposited in an account held by the Governor under paragraph (2) and of all money withdrawn therefrom under paragraph (3).

(6) Nothing in this rule shall prevent a prisoner from opening, or continuing to maintain, an account with a bank or a building society but the use of such an account shall be subject to the other provisions of these Rules.

Supplies of books, newspapers, etc to prisoners

54

Subject to rules 50 to 52, a prisoner shall be entitled to arrange, at their own expense or at the expense of a person outwith the prison, the delivery to the prison of such books, newspapers, writing materials and other means of occupation as the prisoner may wish to use.

PART 8 — COMMUNICATIONS

Current affairs

55

(1) Subject to paragraph (2), every prisoner may keep informed of current affairs by means of–

(a) books, newspapers, periodicals or a radio; and

(b) any other medium the Governor may allow.

(2) The Governor may restrict, or impose conditions as to, the exercise of the entitlement referred to in paragraph (1) where the Governor considers it is necessary to do so–

(a) to protect the prisoner from self-injury; or

(b) to prevent the prisoner from injuring others.

Prisoners' correspondence

56

Subject to rules 57 to 61, a prisoner may send and receive letters and packages by means of the postal service or otherwise.

Opening and reading of correspondence from and to courts

57

(1) This rule applies only to letters and packages which–

(a) are addressed to a court and which a prisoner gives to an officer for the purpose of posting to that court; or

(b) are sent to a prisoner at the prison by a court.

(2) A prisoner who wishes to send a letter or package to a court shall mark prominently on the outer face of the envelope or packaging the words “Legal Correspondence” as well as their own name.

(3) Any letter or package to which this rule applies shall not be opened by an officer except where paragraph (5) applies.

(4) The contents of any letter or package to which this rule applies shall not be read by an officer.

(5) Any letter or package which a prisoner wishes to send to a court may only be opened where–

(a) the officer has cause to believe that it contains a prohibited article;

(b) the officer has explained to the prisoner concerned the reason for that belief; and

(6) Where a letter or package to which this rule applies is found to contain any prohibited article the Governor shall seize and detain that article.

(7) For the purposes of this rule, “court” includes the European Court of Justice, the European Court of Human Rights, the European Commission of Human Rights, the Principal Reporter, the Scottish Criminal Cases Review Commission and the Parole Board for Scotland.

Opening and reading of correspondence from and to legal advisers

58

(1) This rule applies only to letters and packages which–

(a) are addressed to a legal adviser and which a prisoner gives to an officer for the purpose of posting to that legal adviser; or

(b) are sent to a prisoner at the prison by a legal adviser.

(2) A prisoner who wishes to send a letter or package to a legal adviser shall mark prominently on the outer face of the envelope or packaging the words “Legal Correspondence” as well as their own name.

(3) Any letter or package to which this rule applies shall not be opened by an officer except where paragraph (5) applies.

(4) The contents of any letter or package to which this rule applies shall not be read by an officer except where paragraph (6) applies.

(5) Any letter or package to which this rule applies may only be opened by an officer where–

(a) the officer has cause to believe that it contains a prohibited article;

(b) the officer has explained to the prisoner concerned the reason for that belief; and

(6) The contents of any letter or package to which this rule applies may only be read by an officer in exceptional circumstances where the Governor has reasonable cause to believe that the contents of the letter endanger the security of the prison or the safety of any person, or relate to a criminal activity.

(7) Where the Governor is of the opinion that the contents of any letter or package to which this rule applies may be read in terms of paragraph (6)–

(a) the prisoner shall be informed that the letter or written material shall be read and the reasons why; and

(b) the letter or written material shall be read by the Governor or an officer specially authorised by the Governor for the purpose.

(8) Where a letter or package to which this rule applies is found to contain a prohibited article or any article which the prisoner is not authorised to possess or keep in terms of these Rules, the Governor shall deal with the article in terms of rule 95 or 96, whichever is appropriate.

Opening and reading of other correspondence

59

(1) Any letter or package, other than one to which rule 57 or 58 applies, which a prisoner wishes to send or which is addressed to the prisoner may be opened by an officer.

(2) The contents of any such letter or package may only be read by an officer where the officer considers that they may be, or may contain anything, in contravention of the restrictions specified in any direction by the Scottish Ministers made for the purposes mentioned in rule 60(2).

(3) Where a letter or package is found to contain anything in contravention of such restrictions, or which the prisoner may not be permitted to receive by virtue of those restrictions, an officer may–

(a) prevent the letter or package, or anything contained in it, being sent or, as the case may be, received by the prisoner; and

(b) deal with the letter or package, or anything contained in it, in accordance with such arrangements as may be specified in a direction by the Scottish Ministers for these purposes.

Restrictions on prisoners' correspondence

60

(1) A prisoner’s entitlement under rule 56 to send and receive letters and packages, other than letters and packages to which rule 57 or 58 applies, shall be subject to such restrictions as are mentioned in paragraph (2).

(2) The restrictions mentioned in this paragraph are such restrictions as may be specified in a direction by the Scottish Ministers for any of the following purposes:–

(a) to prescribe in relation to the reading by an officer in terms of rule 59(2) of the contents of any letter or package–

(i) the circumstances when this may occur, and

(ii) the officers who may be authorised to do so;

(b) to prescribe any restrictions as to the number of letters and packages which a prisoner may send;

(c) to prescribe in relation to money (whether in the form of cash, cheques, bankers' drafts or otherwise) restrictions as to–

(i) the amount of money which a prisoner may send or receive; and

(ii) the times and frequency at which prisoners may send or receive money;

(d) to prescribe the persons, authorities and organisations to whom a prisoner is prohibited from sending any letters and packages;

(e) to prescribe particular restrictions and conditions which shall apply where a prisoner wishes to send letters and packages to prescribed persons, authorities and organisations whom the prisoner is not otherwise prohibited from corresponding with; and

(f) to prescribe the nature and description of letters, written material and items of property in general which a prisoner may not send or receive.

Provision of writing materials and payment of postage

61

(1) Subject to the following paragraphs, every prisoner shall be allowed to send one letter every week, the postage for which shall be paid for by the Scottish Ministers, and the Governor shall provide the prisoner with the necessary writing materials for this purpose.

(2) The writing materials which shall be provided by the Governor shall comprise–

(a) a ballpoint pen;

(b) one sheet of writing paper and a reasonable number of further sheets if the prisoner so requires; and

(3) The Governor may, for the purposes of paragraph (1), allow the prisoner to send more than one letter every week at the expense of the Scottish Ministers if it appears to the Governor that this is justified in the prisoner’s circumstances.

Communication by telephone

62

(1) A prisoner may have the use of a telephone subject to the provisions of paragraph (2).

(2) A prisoner’s entitlement to the use of a telephone shall be subject to the provisions of any direction which the Scottish Ministers may make in relation to–

(a) the groups or categories of prisoners who may have the use of a telephone;

(b) the times of day and circumstances in which a telephone may be available for use;

(d) the logging, monitoring and recording by any means by an officer of telephone calls made by a prisoner.

(3) Where an officer informs a prisoner that he or she may not have the use of a telephone by virtue of the provisions of any direction as mentioned in paragraph (2), the officer shall also inform the prisoner of the reasons for that decision.

Visits by persons of a prisoner’s choice

63

(1) This rule applies to visits to a prisoner (other than an untried prisoner or a civil prisoner) by any person with whom the prisoner wishes to communicate.

(2) Subject to paragraph (3) and rules 77 and 78, the Governor shall allow a prisoner, at such times as the Governor considers reasonable, either–

(a) not less than 30 minutes in any period of 7 consecutive days; or

(b) not less than 2 hours in any period of 28 consecutive days,

for the purposes of receiving visits in terms of this rule.

(3) Subject to rules 77 and 78, the Governor shall allow a young prisoner (who is not also an untried prisoner), at such times as the Governor considers reasonable, not fewer than 2 visits, each of not less than 30 minutes, in any period of 7 consecutive days.

(4) The number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(5) Where a prisoner receives a visit in terms of this rule–

(a) the visit shall take place within the sight of an officer; but

(b) except where the Governor otherwise authorises, and subject to the provisions of any direction made for the purposes of rule 77, no officer shall listen to any conversation between the prisoner and his or her visitor.

(6) Where the Scottish Ministers consider that it is not practicable to allow prisoners the minimum periods for visits specified in paragraph (2) due to the circumstances pertaining in, or facilities available at, any prison, they may by direction provide that paragraph (2) shall apply in relation to prisoners of that prison subject to such reduced minimum periods as may be specified in the direction.

(7) A prisoner shall only be entitled to receive a visit from a person who is a prisoner at another prison in exceptional circumstances and if the Governors of the respective prisons both give consent and, in the event that either or both Governors refuse consent, the prisoners concerned shall be given an explanation of the reasons for such refusal.

(8) A Governor shall only permit a visit in terms of this rule by a friend or relative of a prisoner who is, or has previously carried on the profession or vocation of, a journalist, author or media representative if–

(a) the person is visiting on a personal basis and not for professional or vocational purposes; and

(b) before being admitted to the prison the person gives a written undertaking to the effect that any material obtained during the visit–

(i) will not be used for professional or vocational purposes and in particular for publication or broadcast or use on, or transmission by, any form of electronic medium; and

(ii) will not be disclosed to any other person for use by that person or anyone else for the purposes of journalism, broadcasting or publishing.

(9) This rule does not apply to visits which a prisoner may receive by virtue of rules 44 to 46 and 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.

Visits to untried and civil prisoners by persons of a prisoner’s choice

64

(1) This rule applies to visits to an untried prisoner or a civil prisoner by any person with whom the prisoner wishes to communicate.

(2) An untried prisoner or a civil prisoner–

(a) shall be allowed to receive (other than on 1st January or 25th December in any year)–

(i) a visit of at least 30 minutes' duration in terms of this rule on any day of the week other than a Saturday or Sunday; and

(ii) where the prisoner has not received a visit on every day of the preceding Monday to Friday, a visit of at least 30 minutes' duration on a Saturday or a Sunday; and

(b) at the discretion of the Governor may receive a visit of such duration as he or she thinks fit on a Saturday or a Sunday or on 1st January or 25th December in any year.

(3) For the purposes of this rule–

(a) a visit may take place during such hours and, subject to the other provisions of this rule, under such conditions as the Governor may specify;

(b) the number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(4) Where an untried prisoner or a civil prisoner receives a visit in terms of this rule–

(a) the visit shall take place within the sight of an officer; but

(b) no officer shall listen to any conversation between the prisoner and his or her visitor except where the Governor otherwise directs.

(5) Where the Scottish Ministers consider that it is not practicable to allow untried prisoners or civil prisoners the minimum period for visits specified in paragraph (2) due to circumstances pertaining in, or facilities available at, any prison, they may by direction provide that paragraph (2) shall apply in relation to untried prisoners or civil prisoners in that prison subject to such reduced minimum period as may be specified in the direction.

(6) Paragraph (8) of rule 63 shall apply to visits to an untried prisoner or a civil prisoner in terms of this rule as it applies to other prisoners.

(7) This rule does not apply to visits which a prisoner may receive by virtue of rules 44 to 46 and 66 to 76, and the entitlement of a prisoner to receive visits in terms of this rule is separate from any entitlement under those rules.

Entitlement to accumulated visits

65

(1) This rule applies to a prisoner who–

(a) is a life prisoner or is serving a sentence of imprisonment for a term of more than 12 months and has served at least 6 months of that sentence;

(b) is moved from a prison to any other prison, whether or not for the purpose of enabling the prisoner to use any accumulated unused allowance of visits; and

(c) has accumulated an unused allowance of visits in terms of rule 63 at the prison from which he or she is moved which is not less than the amount of visits which the prisoner would have been entitled to receive at that prison in terms of that rule in a period of 6 months.

(2) Subject to paragraph (3), a prisoner to whom this rule applies shall be entitled to carry forward the accumulated period of unused allowance and to use that accumulated allowance at the prison to which the prisoner is moved in addition to the allowance in terms of rule 63 at that prison.

(3) The exercise by a prisoner of his or her entitlement under paragraph (2) shall be subject to any direction by the Scottish Ministers in relation to–

(a) the circumstances in which a prisoner who is moved from a prison to any other prison may not be allowed to carry forward, or may be restricted from carrying forward, any accumulated allowance of visits; and

(b) the conditions which may be imposed (including conditions as to the period in which an accumulated allowance must be used) by the Governor where a prisoner is entitled to carry forward such an allowance.

(4) In the application of this rule to a young offender any reference to a prison shall be construed as a reference to a young offenders institution or a prison.

Visits by legal advisers

66

(1) A prisoner shall be entitled to receive a visit from his or her legal adviser at any reasonable time for the purposes of consulting about any legal matter in which the prisoner is or may be directly interested.

(2) Where a prisoner receives a visit by a legal adviser in terms of this rule the visit–

(a) may take place within the sight of an officer; but

(b) shall take place outwith the hearing of any officer.

(3) A legal adviser may use sound recording equipment to record the discussions with the prisoner during a visit in terms of this rule, subject to such conditions as the Governor may specify.

Visits by procurators fiscal

67

(1) A procurator fiscal or any person authorised by the procurator fiscal may, for the purpose of discharging his or her public duties, visit and examine a prisoner at any reasonable time.

(2) A visit to a prisoner by a procurator fiscal or any person authorised by the procurator fiscal may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit shall take place–

(a) within the sight of an officer; but

(b) outwith the hearing of any officer.

Visits by police constables

68

(1) A police constable may, on production of the written authority of either a procurator fiscal or the Chief Constable,–

(a) visit any prisoner for the purposes of interviewing that prisoner, provided the prisoner is willing to be interviewed;

(b) see any prisoner for the purposes of identification; or

(2) A visit to a prisoner in terms of paragraph (1)(a) may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit shall take place–

(a) within the sight of an officer; and

(b) within the hearing of an officer.

Visits by representatives of diplomatic services and national or international authorities or organisations

69

(1) A prisoner who is a foreign national shall be entitled to communicate with and receive a visit at any reasonable time from a diplomatic representative of the prisoner’s choice.

(2) A prisoner who is a refugee or stateless person shall be entitled to communicate with and receive a visit at any reasonable time from–

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

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

(3) Where a prisoner receives a visit in terms of this rule–

(a) the visit shall take place within the sight of an officer; but

(b) no officer shall listen to any conversation between the prisoner and the visitor unless either the prisoner or the visitor otherwise requests.

Special visits to certain prisoners in connection with further proceedings

70

(1) This rule applies to a prisoner who–

(a) is an untried prisoner;

(b) is a civil prisoner;

(d) has been remanded in custody following conviction to await sentence or further inquiry; or

(e) is serving a sentence of imprisonment and who is–

(i) subject to a further charge; or

(ii) the respondent in an appeal by the Lord Advocate or the prosecutor under section 108[^f00074] or 175(3)[^f00075] of the 1995 Act,

but shall apply to such a prisoner only for so long as the proceedings in respect of the further charge or the appeal are pending against him.

(2) A prisoner to whom this rule applies shall be allowed a visit at any reasonable time to consult a registered medical practitioner, where the Governor considers it is in the interests of justice, or any other person for the purposes of–

(a) in the case of an untried prisoner, the proceedings in respect of which he or she is remanded in custody or complying with a condition of bail which requires the deposit of a sum of money pursuant to section 24(6) of the 1995 Act[^f00076];

(b) in the case of a civil prisoner, the proceedings in respect of which he or she is committed to prison;

(d) in the case of a prisoner mentioned in paragraph (1)(d), preparing representations to the court which will pass sentence or otherwise dispose of his or her case; or

(e) in the case of a prisoner mentioned in paragraph (1)(e), the proceedings in respect of the further charge or, as the case may be, the appeal.

(3) The number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(4) Where a prisoner receives a visit in terms of this rule–

(a) the visit shall take place within the sight of an officer; but

(b) no officer shall listen to any conversation between the prisoner and the visitor–

(i) in the case of a visit by a registered medical practitioner, under any circumstances; and

(ii) in the case of any other visitor, except where the Governor otherwise directs.

Visits by Members of Parliament, members of the Scottish Parliament and representatives of the European Parliament

71

(1) A prisoner shall be entitled to receive a visit from a member of Parliament, a member of the Scottish Parliament or a representative of the European Parliament.

(2) A visit to a prisoner by a member of Parliament, a member of the Scottish Parliament or a representative of the European Parliament may take place in such area of the prison and under such conditions as the Governor may specify except that such a visit shall take place–

(a) within the sight of an officer; but

(b) outwith the hearing of any officer unless the member of Parliament, member of the Scottish Parliament, representative of the European Parliament or prisoner requests otherwise or the Governor so requires for reasons of security.

(3) A member of Parliament, or the Scottish Public Services Ombudsman or any person authorised by that Ombudsman, a member of the Scottish Parliament or a representative of the European Parliament with the prisoner’s consent may use sound recording equipment to record any interview held with the prisoner.

Visits by the Parliamentary Commissioner for Administration or Officers on the Commissioner’s behalf

72

(1) The Scottish Public Services Ombudsman or any person authorised by that Ombudsman, may, for the purpose of discharging his or her public duties, visit a prisoner at any reasonable time with that prisoner’s consent.

(2) A visit to a prisoner by the Scottish Public Services Ombudsman or any person authorised by him or her, shall take place in such area of the prison and under such conditions as the Governor may specify except that such a visit shall take place–

(a) within the sight of an officer; but

(b) outwith the hearing of any officer unless the Ombudsman or his or her representative requests otherwise or the Governor otherwise requires for reasons of security.

Visits by journalists, authors or media representatives

73

(1) This rule applies to a person who visits, or seeks to visit, a prisoner–

(a) as a journalist, author or media representative in a professional or vocational capacity; or

(b) in circumstances where the person’s visit is wholly or partially connected with the purposes of journalism, broadcasting or publishing.

(2) A Governor shall permit visits to prisoners by persons to whom this rule applies only in exceptional circumstances and where satisfied that it is appropriate to permit such a visit.

(3) If the Governor intends to permit a visit to a prisoner for the purposes mentioned in paragraph (1) the Governor shall require the person, before being admitted to the prison, to give a written undertaking to the effect that–

(a) no interview shall begin, nor shall any photographs, filming or sound recording be taken or conducted, except with the express prior consent of both the prisoner and the Governor;

(b) any such interview, photography, filming or recording shall be conducted or taken in accordance with such other conditions as the Governor considers necessary;

(c) the person shall not make any payment or gratuity to the prisoner or any other person in relation to the holding of the interview or any material obtained at it; and

(d) any material obtained at the interview, or any photographs, films or recordings so taken, will not be used for professional or vocational purposes and in particular for publication or broadcast or use on, or transmission by, any form of electronic medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose.

(4) A visit to a prisoner in terms of this rule shall take place in such area of the prison as the Governor may specify and–

(a) shall take place within the sight of an officer; and

(b) within the hearing of an officer.

Visits by members of the Parole Board for Scotland

74

(1) A prisoner may receive a visit from one or two members of the Parole Board for Scotland where the purpose of that visit is to interview the prisoner in terms of rule 15(3) of the Parole Board (Scotland) Rules 2001[^f00077].

(2) Where a prisoner receives a visit in terms of this rule–

(a) the visit may take place within the sight of an officer; but

(b) shall take place outwith the hearing of any officer unless a member of the Board or the prisoner otherwise requests.

Visits by members or employees of the Scottish Criminal Cases Review Commission

75

(1) A prisoner may receive a visit from one or two members or employees of the Scottish Criminal Cases Review Commission for the purpose of assisting the Commission in the exercise of any of its functions.

(2) Where a prisoner receives a visit in terms of this rule–

(a) the visit shall take place within the sight of an officer; but

(b) shall take place outwith the hearing of an officer unless the member or employee of the Commission or the prisoner otherwise requests.

Visits by persons in connection with disciplinary proceedings

76

(1) This rule applies to visits to a prisoner who has been charged with a breach of discipline by a person where–

(a) the prisoner wishes to call, or consider calling, that person as a witness at the inquiry into the charge; and

(b) the Governor holding that inquiry has agreed that the prisoner should have the opportunity to discuss with that person whether that person could give evidence which would be relevant to the defence to the charge.

(2) A prisoner to whom this rule applies shall be allowed to receive a visit at any reasonable time from that person for the purpose of discussing whether that person could give evidence which would be relevant to the defence to the charge.

(3) The number of persons who shall be allowed to visit a prisoner at any time shall be at the discretion of the Governor.

(4) Where a prisoner receives a visit in terms of this rule, it shall take place under such conditions as the Governor may specify except that–

(a) such a visit shall take place within the sight of an officer; but

(b) no officer shall listen to any conversation between the prisoner and the visitor except where the Governor otherwise directs.

Restrictions and conditions applicable to visits under Part 8

77

(1) The Governor may prohibit a prisoner from receiving a visit from any person in particular in terms of this Part of these Rules where the Governor considers that it is necessary to do so in the interests of security, discipline or the prevention of disorder or crime.

(2) If in the case of any visit taking place in terms of rule 63(8), 64(6) or 73 the Governor considers that the terms of any undertaking mentioned in any of those provisions have been breached or that there has been a contravention of any restrictions or conditions specified in a direction made by virtue of paragraph (3), the Governor may terminate the visit.

(3) The entitlement of a prisoner to receive visits in terms of this Part of these Rules shall be subject to such restrictions and conditions as may be specified in a direction by the Scottish Ministers for the following purposes:–

(a) to allow the use of video cameras and sound recording equipment for the monitoring of the visits area during visits to prisoners;

(b) to impose a prohibition on, or restrictions in relation to, the possession and use by prisoners and their visitors of photographic equipment, sound recording equipment and writing materials;

(c) to impose restrictions as to the introduction of, or possession or consumption of, food and drink by prisoners and their visitors during such visits;

(d) to provide for the issuing of visitors' permits; and

(e) to prescribe the terms of any written undertaking which may be required to be given pursuant to rule 63(8), 64(6) or 73(3).

Closed visiting facilities

78

(1) The Governor may, for any reason specified in paragraph (2), order that any visits which a prisoner receives for the purposes of rules 44 to 46, 63, 64 and 68 to 70 shall be held in closed visiting facilities.

(2) The Governor may make an order under paragraph (1) for any of the following reasons:–

(a) he is of the opinion that there are reasonable grounds for suspecting that the prisoner–

(i) has previously obtained; or

(ii) is likely in the future to attempt to obtain,

from any visitor any prohibited article or any property which the prisoner was not or, as the case may be, would not be authorised to possess in prison or in any particular part of the prison;

(b) the prisoner’s behaviour makes it necessary for the purposes of security and control for any visit to be received in closed visiting facilities;

(d) a person who wishes to visit the prisoner has previously been refused access to the prison; or

(e) the Governor is of the opinion that it is necessary to ensure, in relation to a visit for the purposes of rule 70, that the visit is genuinely required for any purpose specified in rule 70(2).

(3) The Governor may make an order under paragraph (1) in relation to any particular visit received in terms of any rule mentioned in paragraph (1) or in relation to every visit received in terms of any of those rules, but any order made in relation to every such visit shall be reviewed by the Governor not less than once in every 3 months and may be revoked by the Governor at any time.

(4) No order under paragraph (1) shall be made as a punishment in respect of a breach of discipline within the meaning of Part 11 of these Rules.

Arrangements for securing release of prisoners committed to prison in default of payments

79

(1) This rule applies to any prisoner who is committed to prison–

(a) in default of payment of any sum which requires to be paid by virtue of any order of a court; and

(b) in circumstances where the prisoner may be released on payment of any sum.

(2) A prisoner to whom this rule applies shall be entitled to communicate at any reasonable time with any person for the purpose of arranging payment of the sum which would secure his or her release.

PART 9 — WORK, EDUCATION, EARNINGS AND RECREATION

Application of Part 9

80

(1) Rules 81 to 84, 86(3) and 87(2) shall not apply to untried and civil prisoners.

(2) Rules 81 to 84, 86(3),87(2) and 88 shall not apply to young prisoners.

Arrangements for work, education and counselling

81

(1) As soon as practicable after the reception into prison of a prisoner, the Governor shall obtain reports about that prisoner’s particular needs and wishes concerning work and education.

(2) Following receipt of such reports, the Governor shall in consultation with the prisoner determine a programme of work, educational activities and counselling for the prisoner with the objective of improving the prospects for the prisoner’s successful resettlement in the community, and the prisoner’s morale, attitude and self respect.

Prisoners' work

82

(1) Subject to the following provisions of this Part, every prisoner shall be required to work in prison.

(2) No prisoner shall be required to work, or to do work which is of a particular class, at any time when excused from working, or from doing any particular class of work–

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

(b) by the Governor on any other ground.

(3) A prisoner shall be excused from the requirement to work at a time when undertaking an educational class arranged in terms of rule 86 or undertaking counselling provided in terms of rule 87.

(4) Except with the authority of the Governor, no prisoner shall work in the service of another prisoner or of an officer.

Conditions of work or activities in lieu of work

83

(1) No prisoner shall be required to work, or take part in an educational class arranged in terms of rule 86 in lieu of work, for more than 40 hours a week (excluding meal breaks).

(2) Every prisoner shall be entitled to a minimum of one day each week as a rest day on which he or she shall not be required to work or take part in an educational class in lieu of work.

(3) Insofar as it may be reasonably practicable, having regard to the requirements of the prison regime, a prisoner who has declared him or herself to belong to a religious denomination shall–

(a) be entitled to take the rest day on the recognised day of religious observance; and

(b) not be required to work or take part in an educational class arranged in terms of rule 86 in lieu of work on such other days in a year as are recognised days of religious observance for the religious denomination and are specified in a direction made by the Scottish Ministers.

(4) A prisoner shall be entitled to work in association with other prisoners except where–

(a) an order has been made under rule 94 removing him or her from association with other prisoners either generally or during any period the prisoner is undertaking work;

(b) the prisoner has been removed from association in terms of rule 114(2); or

Work opportunities

84

(1) The Governor shall provide a range of work which, so far as reasonably practicable, takes into account–

(a) the interests and need of prisoners to obtain skills and experience which will be of use to them after their release; and

(b) the requirements of the operation and maintenance of the prison.

(2) The range of work which the Governor may provide may include–

(a) vocational training;

(b) work placements outside the prison; and

(3) The Scottish Ministers may, in relation to such work placements outside the prison, specify in a direction–

(a) the groups or categories of prisoners who may be allowed to undertake such work;

(b) the circumstances in which, and the conditions subject to which, such work may be provided to any eligible group or category of prisoners; and

Work undertaken by untried and civil prisoners

85

(1) An untried prisoner or a civil prisoner shall not be required to work in prison but may undertake, if the prisoner so chooses and with the agreement of the Governor, such work or an educational class arranged in terms of rule 86.

(2) Where an untried prisoner or a civil prisoner undertakes work, they shall be entitled to be paid earnings in accordance with rule 88.

(3) Except with the authority of the Governor and with the consent of the prisoner, no untried prisoner or civil prisoner shall work in the service of another prisoner or of an officer.

Education

86

(1) The Governor shall arrange a programme of educational classes to provide prisoners, so far as reasonably practicable, with an opportunity to pursue their interests and needs.

(2) In relation to young prisoners, the Governor shall arrange a programme of educational classes which meet their needs and can assist them to develop their potential.

(3) Where an educational class is undertaken by a prisoner in terms of this rule and for that purpose the prisoner is excused from the requirement to work in terms of rule 82, the educational class shall be treated as an activity which may be undertaken in lieu of work.

Counselling

87

(1) The Governor may arrange provision of counselling (including group work activity) appropriate to the needs of prisoners.

(2) Where counselling is provided to a prisoner in terms of this rule and for that purpose the prisoner is excused from the requirement to work in terms of rule 82, the counselling shall be treated as an activity in lieu of work.

Earnings

88

Where–

(a) a prisoner undertakes work in terms of rule 82 or 85; or

(b) a prisoner (other than an untried or civil prisoner) takes part in an educational class arranged in terms of rule 86 or any counselling provided in terms of rule 87,

the prisoner shall be entitled to be paid earnings at such rates and in accordance with such conditions as may be specified in a direction by the Scottish Ministers.

Exercise and time in the open air

89

(1) Subject to paragraphs (2) to (6)–

(a) every prisoner shall be given the opportunity–

(i) to take exercise for not less than one hour every day except where a medical officer has not passed the prisoner as fit on admission; and

(ii) to spend time in the open air at least once every day; and

(b) every young offender shall be given the opportunity–

(i) on a regular basis to participate in physical recreation, activities and pursuits which are consistent with maintaining good health and physical wellbeing; and

(ii) to spend time in the open air at least once every day.

(2) A prisoner or young offender shall be allowed to participate in any activity mentioned in paragraph (1)(a)(i) and (b)(i) and spend time in the open air in association with other prisoners or, as the case may be, young offenders except where–

(a) an order has been made under rule 94 removing him or her from association with other prisoners or, as the case may be, young offenders either generally or during any period he or she is participating in any activity mentioned in paragraph (1)(a)(i) or (b)(i) or spending time in the open air;

(b) he or she has been removed from association in terms of rule 114(2); or

(3) Where at any time it appears to the Governor that it is not practicable to give prisoners or young offenders, or any particular group or category of prisoners or young offenders, the opportunity to participate in any activity mentioned in paragraph (1)(a)(i) or (b)(i) or spend time in the open air due to exceptional circumstances pertaining in that prison or young offenders institution, or in any other prison or young offenders institution, the Governor may order in writing that such prisoners or young offenders or group or category of prisoners or young offenders shall not be given either or both of the opportunities mentioned in sub paragraph (a) or, as the case may be, sub paragraph (b) of paragraph (1) until such time as the Governor considers that it is so practicable.

(4) An order made under paragraph (3) shall–

(a) specify the reasons why the Governor is making it; and

(b) record the date and time it is made.

(5) After making an order under paragraph (3) the Governor shall–

(a) take such steps as are practicable to notify prisoners or, as the case may be, young offenders who are subject to the order of the effect of the order; and

(b) provide a copy of the order to the Scottish Ministers.

(6) An order made under paragraph (3) shall cease to have effect 48 hours after the time at which it was made unless the Scottish Ministers specify in a direction made before the expiry of that period that the order shall continue to have effect until revoked by a further order made by the Governor or by a further direction made for that purpose by the Scottish Ministers.

Recreation

90

(1) The Governor shall provide reasonable facilities and opportunities to enable prisoners to participate in recreational activities outwith normal working hours.

(2) The Governor shall make arrangements for lending library services for the use of prisoners which take into account so far as reasonably practicable their educational, informational and recreational interests.

(3) The extent to which any prisoner or group or category of prisoner may at any time be permitted to use facilities provided, or to participate in recreational activities organised, by virtue of this rule shall be determined in accordance with the system of privileges established under rule 49.

Prohibition on prisoners' carrying on any trade, profession or vocation from prison

91

(1) Subject to paragraph (2), no prisoner shall be permitted to carry on any trade, profession or vocation from the prison.

(2) Paragraph (1) shall not be construed as preventing a prisoner–

(a) from taking such steps, whether by means of correspondence, telephone calls or visits, as are necessary to protect the value of any interest the prisoner has in any property or business; or

(b) from writing articles or books intended for publication, whether or not such articles or books are written by the prisoner in a professional or vocational capacity, but any such activity shall only be permissible insofar as it is compatible with these Rules or any direction made for the purpose of these Rules and the prison regime in general.

PART 10 — SECURITY AND CONTROL

Supervision of the prison and control of prisoners

92

(1) Subject to the provisions of these Rules, the Governor shall be responsible for–

(a) the supervision of the whole prison; and

(b) the control of prisoners confined therein.

(2) The Governor shall as far as practicable visit and inspect daily those parts of the prison where prisoners are employed or accommodated.

Control of prisoners

93

(1) In the control of prisoners, an officer shall seek–

(a) to influence by example and leadership; and

(b) to enlist the willing cooperation of prisoners.

(2) An officer in dealing with a prisoner shall not use force unnecessarily and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used.

(3) No officer shall act in a manner deliberately calculated to provoke a prisoner.

Removal from association

94

(1) Where it appears to the Governor desirable for the purpose of–

(a) maintaining good order or discipline;

(b) protecting the interests of any prisoner; or

the Governor may order in writing that a prisoner shall be removed from association with other prisoners, either generally or during any period the prisoner is engaged or taking part in a prescribed activity.

(2) If the Governor makes an order under paragraph (1) in relation to a prescribed activity, the Governor may specify only one prescribed activity in the order.

(3) In this rule, “prescribed activity” means–

(a) work required to be undertaken in terms of rule 82;

(b) educational classes undertaken in terms of rule 86;

(d) participating in any activity mentioned in rule 89(1)(a)(i) or (b)(i) or spending time in the open air in accordance with rule 89(1)(a)(ii) or (b)(ii);

(e) recreational activities; or

(f) attendance at any religious service or meeting which the prisoner would otherwise have been entitled to attend in terms of rule 46(1).

(4) The Governor when making an order under paragraph (1), shall–

(a) specify in the order whether the removal from association is–

(i) in general; or

(ii) in relation to a prescribed activity;

(b) if the removal is in relation to a prescribed activity, specify which activity the order relates to;

(d) record in the order the date and time it is made; and

(e) explain to the prisoner the reasons why the order is made and provide the prisoner with a copy of the written order.

(5) A prisoner who has been removed from association generally or during any period that the prisoner is engaged in or taking part in a prescribed activity by virtue of an order made by the Governor in terms of paragraph (1) shall not be subject to such removal for a period in excess of 72 hours from the time of the order, except where the Scottish Ministers have granted written authority on the application of the Governor, prior to the expiry of the said period of 72 hours.

(6) An authority granted by the Scottish Ministers under paragraph (5) shall have effect for a period of one month commencing from the expiry of the period of 72 hours mentioned in paragraph (5) but the Scottish Ministers may, on any subsequent application of the Governor, renew the authority for further periods of one month commencing from the expiry of the previous authority.

(7) The Governor–

(a) may–

(i) cancel an order under paragraph (1) at any time if the Governor considers it appropriate to do so;

(ii) vary an order made under paragraph (1) in terms of which the prisoner has been removed from association generally in order to restrict the effect of that order to removal from association during any period the prisoner is engaged in or taking part in any one or more prescribed activities as may be specified in the variation order;

(iii) if appropriate, further vary an order under paragraph (1) which has previously been varied under sub paragraph (ii) above by further restricting the number of prescribed activities to which removal from association applies; or

(b) shall cancel any order under paragraph (1) if a medical officer advises on medical grounds that the Governor should do so.

(8) The Governor may allow a prisoner who has been removed from association under this rule to associate with other prisoners who have been removed from association under this rule, for the purpose of engaging or taking part in a prescribed activity.

(9) If a prisoner is moved by the Scottish Ministers from any prison to any other prison in terms of section 10 of the Act[^f00078], any order under paragraph (1), or any authority under paragraph (5), made or granted in relation to the prisoner whilst confined in the former prison shall cease to have effect, but without prejudice to the power of the Governor of the prison to which the prisoner is moved to make a new order under paragraph (1).

(10) Where a prisoner has been removed from association under this rule, a medical officer shall visit that prisoner as soon as practicable and thereafter as often as is necessary but at least once in every 7 days.

Prohibited articles

95

(1) Subject to paragraph (2), no prisoner shall have in their possession, or conceal or deposit anywhere within a prison, any prohibited article.

(2) A prisoner may be allowed to receive alcoholic liquor or controlled drugs under a written order of a medical officer specifying–

(a) the quantity and description of the liquor or drugs to be given; and

(b) the name of the prisoner for whose use it is intended.

(3) No person shall–

(a) convey or throw into, or conceal or deposit in, a prison;

(b) convey to a prisoner, whether inside or outside a prison; or

any prohibited article.

(4) The Governor may seize and detain any prohibited article which is–

(a) found in the possession of a prisoner or a visitor; or

(b) conveyed or thrown into, or concealed or deposited in, the prison,

in contravention of this rule.

Unauthorised property

96

(1) No prisoner shall have in his or her possession, or conceal or deposit anywhere within a prison, any property which he or she has not been authorised to possess or keep in terms of these Rules or by any officer.

(2) No prisoner shall have in his or her possession any property in a part of the prison which he or she has been authorised to possess only in some other part of the prison.

(3) Subject to paragraph (4), no person shall–

(a) convey or throw into, or conceal or deposit in, a prison;

(b) convey to a prisoner, whether inside or outside a prison; or

any article whatsoever.

(4) Paragraph (3) does not apply to any property which–

(a) the Governor has authorised a person–

(i) to convey into, or deposit in, the prison; or

(ii) to convey to a prisoner whether inside or outside a prison; or

(b) consists of a letter or package addressed to a prisoner and sent to the prison by means of the postal service or otherwise.

(5) The Governor may seize and detain–

(a) any property which a prisoner is not authorised to possess or keep in accordance with these Rules or by any officer and which is found in the possession of a prisoner, or concealed or deposited anywhere in the prison; or

(b) any article or property conveyed or thrown into, or concealed or deposited in, prison in contravention of paragraph (3).

(6) No prisoner (other than untried and civil prisoners) shall be allowed to have any tobacco in his or her possession except as a privilege granted by virtue of rule 49 and provided that the prisoner is at least 16 years old.

Orders as to the use of restraints

97

(1) In this rule and rule 98, “restraint” means a body belt.

(2) The Governor may order that a prisoner be placed under a restraint where it appears to the Governor that it is necessary to do so in order to restrain a prisoner–

(a) who threatens to injure, or is in the course of injuring, him or herself or other persons; or

(b) who threatens to damage, or is in the course of damaging, property; or

(3) Where the Governor makes an order under paragraph (2), notice of the order shall be given by the Governor to a medical officer as soon as possible.

(4) On receipt of a notice under paragraph (3), the medical officer shall inform the Governor whether he or she concurs in the order and, if not, the Governor shall order the restraint to be removed immediately.

(5) A medical officer may order that a prisoner be placed under a restraint if satisfied that it is necessary to do so in order to prevent self-injury.

(6) Where a medical officer makes an order under paragraph (5), the medical officer shall give notice of the order to the Governor as soon as possible.

(7) No prisoner shall be placed under a restraint as a punishment.

Conditions of use of restraints

98

(1) A prisoner shall not be placed under a restraint–

(a) any longer than is necessary; and

(b) without prejudice to sub paragraph (a), for a period of more than 24 hours except with the authority of the Scottish Ministers.

(2) An authority given under paragraph (1) shall–

(a) state the grounds for continued use of the restraint and the time during which it may continue to be used; and

(b) require a medical officer to visit the prisoner at regular intervals.

(3) A restraint–

(a) shall be applied in such a manner; and

(b) when applied, shall be temporarily removed in such circumstances,

as may be specified in a direction by the Scottish Ministers.

(4) A prisoner who is placed under a restraint shall be visited by an officer at least once in every 15 minutes during the period that the prisoner is under restraint.

(5) A medical officer shall examine a prisoner who is placed under a restraint immediately following–

(a) the placing of the restraint; and

(b) its removal (other than for a temporary purpose).

(6) The Governor shall forthwith–

(a) record particulars of every case of a prisoner placed under a restraint; and

(b) give notice to the Scottish Ministers of those particulars.

Temporary confinement in a special cell

99

(1) The Governor may order the temporary confinement in a special cell of any prisoner who is refractory or acting in a violent manner.

(2) No prisoner shall be confined in a special cell pursuant to paragraph (1)–

(a) as a punishment; or

(b) for any longer than necessary and, in any event, no longer than a continuous period of 24 hours.

(3) Where an order is made under paragraph (1), the Governor shall–

(a) give notice of the order to a medical officer as soon as possible; and

(b) record the particulars of the case.

(4) A prisoner who is temporarily confined pursuant to an order under paragraph (1) shall be visited–

(a) by a medical officer where a prisoner has been so confined for a continuous period in excess of 15 hours; and

(b) by an officer at least once in every 15 minutes during the period of the prisoner’s temporary confinement.

Temporary confinement to cell

100

(1) An officer may cause a prisoner to be temporarily confined in a cell or room at a time when other prisoners detained in the same part of the prison or, as the case may be, prisoners at the prison in general are permitted to be in association if the officer is of the opinion that–

(a) the prisoner is acting in a disobedient or disorderly manner and that temporary confinement is both appropriate for the purpose of controlling such behaviour and is in the prisoner’s best interests; or

(b) by reason of the prisoner’s emotional state, it is desirable in the interests of the prisoner to be temporarily confined to a cell or room.

(2) A prisoner shall not be confined to a cell or room by virtue of paragraph (1) for longer than one hour on any occasion.

(3) An officer, having exercised the power conferred by paragraph (1), shall inform a supervising officer of that fact orally and as soon as is reasonably practicable.

(4) If the officer concerned is of the opinion that a prisoner who has been confined to a cell or room by virtue of paragraph (1) is acting in a disobedient or disorderly manner at the expiry of the period permitted by paragraph (2), the officer shall forthwith report any suspected breach of discipline in accordance with rule 114.

Admission of visitors

101

(1) Where any person seeks to enter a prison as a visitor, an officer may ask the visitor–

(a) to state his or her name and address and the purpose of his or her visit; and

(b) to deposit for the duration of the visit any article in the visitor’s possession which the officer considers may be prejudicial to security, good order or safety.

(2) No visitor shall smoke in any building which forms part of a prison.

(3) A person to whom rule 73 applies who seeks to enter a prison as a visitor for the purposes of a visit as mentioned in that rule shall, immediately on arrival, inform an officer of their wish to visit the prison in accordance with that rule.

(4) A person who is, or has previously carried on the profession or vocation of, a journalist, an author or a media representative and who seeks to enter a prison for the purpose of visiting a prisoner who is a friend or relative on a personal basis, and not for professional or vocational purposes, shall, immediately on arrival, inform an officer of that fact.

(5) Without prejudice to the powers conferred by section 41 of the Act, an officer may refuse to admit a visitor and may remove the visitor from the prison where–

(a) that visitor refuses to comply with a request made in terms of paragraph (1);

(b) that visitor refuses to give consent for the purposes of rule 102(1) or (3) or, having given consent, is obstructive in the course of the relevant search; or

(c) the officer has reasonable grounds for suspecting that the visitor has in their possession or concealed about their person any article which the Governor has not authorised to be conveyed into the prison or any article which may be prejudicial to security, good order or discipline.

(6) An officer who refuses admission to a visitor in terms of this rule, shall record particulars of the matters, including the reasons for such refusal.

(7) In this rule, and in rules 102 and 103, “visitor” includes any person (other than an officer or employee) visiting the premises comprising the prison (or any part thereof).

(8) The Governor shall ensure that a notice explaining the effect of the provisions of this rule, of rules 102 and 103, of section 41 of the Act and of any direction made for any purpose specified in rule 77(3) shall be displayed prominently in the visits area of the prison.

Searching of visitors

102

(1) Without prejudice to any power of search referred to in the Act, an officer may ask a visitor to consent to a search or searches in accordance with the provisions of this rule of–

(a) their person and any of their personal possessions;

(b) their open mouth, but without the use of force or any instruments; and

(c) where the visitor is in charge of any vehicle which they intend to take into any area forming part of the premises of the prison, that vehicle.

(2) Where the visitor has given consent to a search or searches in accordance with paragraph (1), a search thereunder may take place–

(a) prior to their admission to the part of the prison where the visit is to take place; and

(b) where the Governor considers that–

(i) the visitor has failed to comply with rule 101(3) or (4) or;

(ii) in the case of any visit taking place in terms of rule 63(8), 64(6)) or 73, the terms of any undertaking mentioned in any of those provisions have been breached or that there has been a contravention of any restrictions or conditions specified in the direction by virtue of rule 77(3),

in addition to a search on admission, at any time whilst the visitor is in the prison.

(3) Where the visitor has given consent to a search or searches in accordance with paragraph (1)(c), the search of the vehicle may also be made prior to the visitor’s leaving the prison.

(4) Where a visitor is searched with their consent in terms of paragraph (1)–

(a) except in the case of a search mentioned in paragraph (1)(b), the officer carrying out the search shall be of the same sex as the visitor; and

(b) the search shall be carried out as expeditiously and decently as possible.

(5) A visitor shall not be asked in terms of paragraph (1) to remove, nor shall a search thereunder involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear.

(6) A search of a visitor’s personal possessions (including any item of clothing which he or she may be asked to remove in terms of paragraph (5)) or of any vehicle under paragraph (1) may, in addition to being carried out by hand but subject to paragraphs (5) and (8), be carried out–

(a) by the use of equipment involving–

(i) the application of a suction device or a swab on or to such possessions or such a vehicle (or anything in it) in order to collect particles from their surface; and

(ii) the analysis of such particles for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(b) by the use of equipment designed to detect the existence of metal objects; and

(7) Where in the course of a search undertaken in accordance with paragraph (1) an officer finds any prohibited article, he or she may seize and detain that article.

(8) Where a visitor is searched by an officer under section 41(2A) of the Act–

(a) the officer carrying out the search shall be of the same sex as the visitor;

(b) subject to sub paragraph (d), the search shall be undertaken outwith the sight of any prisoner, any other visitor or officers who are not of the same sex as the visitor;

(d) where the visitor is under 16 years of age, the search shall be carried out in the presence of an accompanying adult.

Removal of visitors

103

(1) Without prejudice to section 41(3) of the Act, an officer may terminate a visit and remove a visitor from the prison where–

(a) the officer–

(i) has reasonable grounds for suspecting that the visitor has in their possession or is taking out, or attempting to take out, any article which the Governor has not authorised the visitor to convey into the prison or any article which may be prejudicial to security, good order or discipline;

(ii) considers that the visitor’s conduct is prejudicial to security, good order or safety or that it is otherwise necessary to terminate the visit in the interests of security, discipline or the prevention of disorder or crime;

(iii) has reasonable grounds for suspecting that the visitor has failed to comply with rule 101(3) or (4);

(iv) in the case of any visit taking place in terms of rule 63(8), 64(6) or 73, considers that the terms of any undertaking mentioned in any of those provisions have been breached or that there has been contravention of any restrictions or conditions specified in a direction made by virtue of rule 77(3); or

(b) the visitor smokes in breach of rule 101(2).

(2) An officer who terminates a visit in terms of this rule, shall record particulars of the matter, including the reasons for termination.

Searching of persons providing contracted out services

104

(1) Without prejudice to any power of search referred to in the Act, the Governor may order the carrying out of a search–

(a) of a person providing contracted out services to the prison;

(b) of any article of property belonging to that person which is in the person’s possession whilst in the prison, or which is kept by the person in a locker or any other place within the prison; and

(c) where that person is in charge of any vehicle which is to be taken into any area forming part of the premises of the prison, that vehicle.

(2) A search under paragraph (1) of any vehicle, clothing or other article or property belonging to that person which is being worn, or as the case may be, is otherwise in that person’s possession whilst in prison, or which is kept by the person in a locker or any other place within the prison, may, in addition to being carried out by hand, but subject to paragraphs (3) and (4), be carried out–

(a) by the use of equipment involving–

(i) the application of a suction device or a swab on or to such possessions in order to collect particles from their surface; and

(ii) the analysis of such particles for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(b) by the use of equipment designed to detect the existence of metal objects; and

(3) The power of search conferred by paragraph (1) shall–

(a) not be construed as authorising the Governor to require that person to remove any clothing other than an outer coat, jacket, headgear, footwear and gloves; and

(b) include power to use reasonable force where necessary.

(4) A search of a person providing contracted out services shall be carried out within the prison–

(a) by at least 2 officers who shall be of the same sex as the person being searched;

(b) outwith the sight of any other person; and

Viewing of prisons

105

(1) No person shall be permitted to view a prison unless authorised by any enactment or by the Governor or the Scottish Ministers.

(2) No person viewing the prison shall be permitted to take a photograph, make any film, sound recording or sketch or communicate with a prisoner unless authorised by any enactment or by the Governor or the Scottish Ministers.

(3) Without prejudice to paragraph (2), no person viewing the prison shall be permitted to take a photograph or make a film of a prisoner or an officer without obtaining the prior consent of the prisoner or officer.

Searching of prisoners

106

(1) Every prisoner may be searched by an officer in accordance with the provisions of this rule.

(2) A search of a prisoner may take the form of–

(a) an examination of the prisoner’s person and clothing but without removal of the clothing;

(b) the removal and examination of the prisoner’s clothing;

(d) the visual examination of the prisoner’s open mouth without the use of force or any instrument.

(3) A search of a prisoner shall be carried out–

(a) except in the case of a search mentioned in paragraph (2)(d), only by an officer who is of the same sex;

(b) as expeditiously and decently as possible;

(i) by 2 officers of the same sex; and

(ii) outwith the sight of any other prisoner; and

(d) in accordance with any other conditions as may be specified in a direction by the Scottish Ministers.

(4) A prisoner may be searched at such times and in such circumstances as the Governor considers necessary.

(5) Subject to paragraph (2)(d), the power to search conferred by this rule shall not be construed as authorising the physical examination of a prisoner’s body orifices.

Compulsory testing for controlled drugs

107

(1) This rule applies where an officer, acting under the powers conferred by section 41B of the Act[^f00079] (testing prisoners for drugs), requires a prisoner to provide a sample for the purpose of ascertaining whether he or she has any controlled drug in his or her body.

(2) In this rule “sample” means a sample of urine or any other description of sample specified in the authorisation by the Governor for the purposes of section 41B.

(3) When requiring a prisoner to provide a sample, an officer shall, so far as is reasonably practicable, inform the prisoner–

(a) that he or she is being required to provide a sample in accordance with section 41B of the Act; and

(b) that a refusal to provide a sample may lead to disciplinary proceedings being brought against the prisoner.

(4) An officer shall require a prisoner to provide a fresh sample, free from any adulteration.

(5) An officer requiring a sample shall make such arrangements and give the prisoner such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.

(6) A prisoner who is required to provide a sample may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.

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