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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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(7) A prisoner who is unable to provide a sample of urine when required to do so may be kept apart from other prisoners until he or she has provided the required sample, save that a prisoner may not be kept apart under this paragraph for a period of more than 5 hours.

(8) A prisoner required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular a prisoner shall not be required to provide such a sample in the sight of a person of the opposite sex.

Compulsory testing for alcoholic liquor

108

(1) This rule applies where an officer, acting under the powers conferred by section 41C of the Act (testing of prisoners for alcohol), requires a prisoner to provide a sample for the purpose of ascertaining whether a prisoner has any alcoholic liquor in their body.

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

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

(a) of the requirement to provide a sample in accordance with section 41C 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 1 hour to enable arrangements to be made for provision of the sample.

(7) A prisoner who is unable to provide a sample of urine (if by virtue of an authorisation an officer is empowered to require such a sample) when required to do so may be kept apart from other prisoners until the required sample has been provided, save that a prisoner may not be kept apart under this paragraph for a period of more than 5 hours.

(8) A prisoner required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular a prisoner shall not be required to provide such a sample in the sight of a person of the opposite sex.

Searching of prisoners' property and cells

109

(1) Any item of property belonging to a prisoner may be searched by an officer at any time.

(2) The room or cell of every prisoner, including any item of property kept in it, shall be searched at such times as the Governor considers necessary.

Custody outside prison

110

(1) A prisoner required to be taken in legal custody anywhere outside a prison shall be kept in the custody or under the control of an officer or a constable.

(2) A prisoner being taken to or from a prison shall be–

(a) exposed to public view as little as possible; and

(b) protected so far as reasonably practicable from insult, curiosity and publicity in any form.

(3) A prisoner who is allowed or is required to be present at any court, shall wear their own clothing or ordinary civilian clothing provided by the Governor.

Special escorted leave

111

(1) In this rule, “special escorted leave” means leave of absence from the prison of a prisoner for the purpose of being escorted to their home or other approved place for a visit not exceeding 2 hours, excluding travelling time.

(2) On the application of an eligible prisoner, the Governor may grant special escorted leave if he or she of the opinion that, having regard to the relevant criteria applicable to the granting of such leave and to any operational requirements, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner if at the time of the application the prisoner–

(a) is confined in a prison, or a category of prison, or a particular part of a prison, to which this rule applies;

(b) is a life prisoner or is serving a sentence for a term of more than one year;

(d) if serving a sentence for a term of more than one year, has served at least one third of his or her sentence.

(4) For the purposes of special escorted leave in terms of this rule, the Scottish Ministers may specify in a direction–

(a) the prisons, categories of prisons, or parts of prisons to which this rule applies;

(b) the manner in which the Governor shall consider an application for special escorted leave;

(d) the conditions which may be imposed in relation to any approval of such an application; and

(e) the timing and duration of special escorted leave and the frequency with which it may be granted to an eligible prisoner.

Escorted day absence

112

(1) In this rule, “escorted day absence” means leave of absence granted to a prisoner, under escort from the prison, for a period not exceeding 1 day, to enable the prisoner–

(a) to visit a near relative who it appears to the Governor is dangerously ill;

(b) to attend the funeral of a near relative; or

(2) On the written application of a prisoner, the Governor may grant, subject to and in accordance with the provisions of this rule and any operational requirements, escorted day absence to the prisoner if satisfied that the purpose of the application is genuine and appropriate.

(3) Where the Governor grants escorted day absence, the prisoner concerned shall be escorted by an officer or officers throughout the period of absence from the prison.

(4) For the purposes of escorted day absence in terms of this rule, the Scottish Ministers may specify in a direction–

(a) the criteria about which the Governor must be satisfied before granting leave of absence for the purpose specified in paragraph (1)(a);

(b) the persons who are to be treated as near relatives of the prisoner; and

PART 11 — DISCIPLINE

Conduct constituting a breach of discipline

113

In this part, “breach of discipline” shall be interpreted in accordance with Schedule 1 to these Rules.

Reports of breaches of discipline and removal from association

114

(1) Every suspected breach of discipline shall be reported forthwith in writing to the Governor by the officer to whose notice it has come.

(2) Subject to paragraphs (3) and (4), where any officer has reasonable grounds for suspecting that a prisoner has committed a breach of discipline the officer may, if considering it appropriate to do so, remove the prisoner from association with other prisoners in general pending the making of a report in terms of paragraph (1) and the adjudication of the charge of breach of discipline.

(3) A prisoner shall not be subject to such removal for a period in excess of 72 hours from the time of the removal except where there are exceptional circumstances and, on the application of the Governor, the written authority of the Scottish Ministers has been obtained prior to the expiry of the 72 hour period.

(4) An authority granted by the Scottish Ministers under paragraph (3) shall–

(a) have effect for a period of one month commencing from the expiry of the said period of 72 hours 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; and

(b) in any case cease to have effect when the charge has been adjudicated.

(5) 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.

Disciplinary charges

115

(1) Where a prisoner is to be charged with a breach of discipline, the charge shall be brought as soon as possible and in any event, save in exceptional circumstances, within 48 hours of the discovery of the act or omission giving rise to the charge.

(2) Every charge of a breach of discipline shall be brought by serving a written notice of the charge on the prisoner and any such notice shall be served no later than 2 hours before the time when it is to be inquired into by the Governor.

(3) Where an untried prisoner is reported for a suspected breach of discipline on the date before the prisoner’s trial is due to commence, or on the day of (or any day during) the trial, the officer concerned may delay bringing a charge in accordance with the foregoing provisions until the relevant criminal proceedings are concluded and, where the prisoner is sentenced to imprisonment, the officer may bring the charge no later than 48 hours after the time at which sentence is passed.

Inquiry into disciplinary charges

116

(1) Subject to paragraph (4), every charge of breach of discipline shall be inquired into by the Governor not later, save in exceptional circumstances, than the next day after it is brought or, where the next day is a Sunday or a public holiday, the day after that Sunday or public holiday.

(2) The Governor shall be satisfied before commencing an inquiry into any charge that the prisoner concerned has had sufficient time to prepare his or her case.

(3) The Governor shall adjourn an inquiry, for such period of time as may be reasonably necessary, if satisfied that the prisoner requires further time to prepare or that there exist other reasonable grounds for an adjournment.

(4) Every prisoner against whom a charge is brought shall be given a full opportunity of–

(a) hearing the allegations made;

(b) presenting his or her own case and, subject to paragraph (5), calling witnesses; and

(5) The Governor may refuse to allow a prisoner to call any witness if, having discussed the matter with the prisoner, he or she is reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in determining whether the charge is proven.

(6) A prisoner may choose to be seated or may stand during the inquiry.

(7) The Governor may, on the application of a prisoner, permit the prisoner to be represented at the inquiry by a person who is entitled to practise in any part of the United Kingdom as a solicitor, an advocate or a barrister where in exceptional circumstances the Governor considers such representation is necessary or desirable.

(8) Where, following an adjournment under paragraph (3), the person who made the adjournment is unable to proceed at the time fixed for the inquiry to recommence, another person (being, as the case may be, the Governor-in-charge, the Deputy Governor, an authorised unit manager or, if none of those is present for the time being in the prison, the most senior officer who is present in the prison at that time) may continue to inquire into the matter.

(9) Paragraph (8) does not apply in any inquiry where, at the time of the adjournment under paragraph (3), evidence had been led, in which case another person as mentioned in paragraph (8) may desert the charge but authorise any officer to bring a new charge in relation to the same suspected breach of discipline.

Adjudication of charges

117

(1) Subject to paragraph (2), the Governor shall be entitled to take into account any evidence, in whatever form, at the inquiry into any charge of breach of discipline.

(2) Subject to paragraph (3), the Governor may only take into account the evidence of any person who has not given oral evidence at the inquiry if the prisoner concerned agrees.

(3) In any inquiry into a charge of a breach of discipline contrary to paragraph (v) or (x) of Schedule 1, the Governor may take into account written evidence of any person (other than an officer or employee) relating to an analysis of a sample required to be provided in accordance with rule 107 or 108 which was carried out by that person, without requiring the attendance of that person, if–

(a) notwithstanding an objection by the prisoner, the prisoner has been afforded the opportunity to make representations why the person should give oral evidence; and

(b) having heard the prisoner, the Governor is satisfied that it is appropriate to admit the evidence and that there is no sufficient reason why the person need give oral evidence.

(4) At the conclusion of an inquiry into any such charge, the Governor shall consider whether the charge has been proven beyond any reasonable doubt.

(5) If the Governor finds a prisoner guilty of a breach of discipline, the Governor shall afford the prisoner an opportunity to make a plea in mitigation before considering whether to impose a punishment in terms of rule 119.

(6) It shall be a defence for a prisoner charged with a breach of discipline contrary to paragraph (y) of Schedule 1 to show that–

(a) the controlled drug had been, prior to its administration, lawfully in the prisoner’s possession for the prisoner’s use or was administered to the prisoner in the course of a lawful supply of the drug to the prisoner by another person;

(b) the controlled drug was administered by or to the prisoner in circumstances in which the prisoner did not know and had no reason to suspect that such a drug was being administered; or

(c) the controlled drug was administered by or to the prisoner under duress or to the prisoner without consent in circumstances where it was not reasonable for the prisoner to have resisted.

Breaches of discipline occurring before reception into prison

118

(1) If a report is made under rule 114(1) by an officer in relation to a person liable to be detained in a young offenders institution who is moved from that institution to any prison, or a person detained in any prison who is moved to any other prison, and the suspected breach comes to the reporting officer’s notice within 3 days (or 4 days if that period would include a Sunday or a public holiday) of the day on which the person is moved from the institution or prison concerned, the Governor of the prison to which the person is moved may, if there was insufficient time to investigate and adjudicate the matter at the institution or prison concerned, receive the report and deal with the matter as if it had occurred after reception of the person in that prison.

(2) If a report is made under rule 114(1) by an officer in relation to a person detained in a young offenders institution who is moved to a prison, or a person detained in any prison who is moved to any other prison, and the suspected breach related to a period during which the person was in the course of being moved, the Governor of the prison to which the person is moved shall receive the report and deal with the matter as if it had occurred after reception of the person in that prison.

(3) If, following reception on a transfer from another prison, a prisoner is charged with a breach of discipline contrary to paragraph (y) of Schedule 1 in circumstances where–

(a) the controlled drug specified in the relevant charge may have been administered to the prisoner before reception in the prison; but

(b) the prisoner was detained in a prison throughout the period during which the drug might have been administered,

the Governor may deal with that matter in accordance with this Part of these Rules as if the controlled drug, which it is alleged was administered, had been administered whilst the prisoner was in the prison to which he or she has been transferred.

(4) Where–

(a) a prisoner who provided a sample in accordance with rule 107 was at that time an untried prisoner;

(b) the prisoner was detained in a prison throughout the period during which the drug might have been administered;

(c) following an analysis of the sample there are grounds for believing that the prisoner was guilty of a breach of discipline contrary to paragraph (x) of Schedule 1; and

(d) following the provision of the sample the prisoner is convicted and sentenced to imprisonment,

the Governor of the prison to which the prisoner is committed following conviction may deal with the charge in accordance with this Part of these Rules irrespective of whether the controlled drug, which it is alleged was administered, had been administered whilst the prisoner was in the prison to which the prisoner has been committed.

Governor’s punishments

119

(1) A Governor, when finding a prisoner guilty of a breach of discipline, may impose one or more of the following punishments:–

(a) a caution;

(b) forfeiture of any privileges granted under the system of privileges applicable to a prisoner for a period not exceeding 14 days;

(c) stoppage of or deduction from earnings for a period not exceeding 56 days and of an amount not exceeding one half of the prisoner’s earnings in any week (or part thereof) falling within the period specified;

(d) except in the case of a young prisoner, cellular confinement for a period not exceeding 3 days;

(e) in the case of an untried prisoner guilty of escaping or attempting to escape, forfeiture of the entitlement to wear their own clothing under rule 25 for any period as may be specified;

(f) in the case of an untried prisoner or a civil prisoner, forfeiture of any or all of the entitlements referred to in rules 48, 49 and 54 for any period as may be specified; or

(g) forfeiture of the entitlement to withdraw money in terms of rule 53(3) for any period not exceeding 14 days.

(2) If a prisoner is found guilty of more than one breach of discipline arising out of an incident, punishments under this rule (except for cellular confinement imposed under paragraph (1)(d)) may be ordered to run consecutively.

(3) Where cellular confinement is imposed on a prisoner under paragraph (1)(d)–

(a) the Governor shall inform a medical officer as soon as possible;

(b) any entitlement of the prisoner in terms of these Rules shall not, by reason only of the imposition of such confinement, be affected except insofar as expressly provided in a direction made for the purposes of sub paragraph (c); and

(c) the prisoner shall serve the period of confinement in accordance with the provisions of, and subject to any conditions imposed by, a direction made by the Scottish Ministers.

Suspended punishments

120

(1) The power of the Governor to impose a punishment under rule 119(1) (other than a caution) includes power to direct that the punishment shall not take effect unless, during such period of the prisoner’s sentence as shall be specified in the direction (not being more than 6 months (or 3 months in the case of an untried prisoner) from the date of the direction), the prisoner commits another breach of discipline and a direction is given under paragraph (2).

(2) Where a prisoner is found guilty of a breach of discipline committed during the period specified in a direction by the Governor under paragraph (1) then the Governor dealing with that breach may–

(a) direct that the suspended punishment shall take effect;

(b) reduce the period or the amount of the suspended punishment and direct that it shall take effect as so reduced;

(c) vary the original direction by substituting for the period specified a period expiring not later than six months from the date of variation; or

(d) give no direction with respect to the suspended punishment.

PART 12 — REQUESTS AND COMPLAINTS

Requests to speak to an officer of the Scottish Ministers, a member of the visiting committee, a sheriff or a justice of the peace

121

Where a prisoner makes a request to speak to–

(a) an officer of the Scottish Ministers;

(b) a member of the visiting committee; or

the officer to whom the request is made shall, without delay, record the request in writing and shall arrange for the request to be brought to the attention of the person with whom the prisoner wishes to speak.

Requests and complaints to the visiting committee

122

Every prisoner intimating to an officer his or her desire to write a letter of request or complaint to the visiting committee shall be supplied with paper for the purpose, and the Governor shall ensure that every such letter is posted without delay.

Complaints to the residential officer

123

(1) A prisoner who desires to make a complaint concerning any matter, other than a matter to which rules 121, 122, 127, 128, 129 and 130 apply, may do so subject to and in accordance with the following provisions of this rule.

(2) Subject to paragraph (3), such a complaint–

(a) may be made orally or in writing; but

(b) shall be made by the prisoner to the residential officer in the first instance.

(3) If the prisoner intends to make a complaint against any officer or employee the complaint must be made in writing.

(4) If a prisoner requires assistance with the making of the written complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(5) Subject to paragraph (6), the residential officer shall give a reply to the prisoner within 24 hours of receiving the complaint and shall give a written reply to any complaint which was made in writing.

(6) If the residential officer is unable to reply within the period specified in paragraph (5), that officer shall inform the prisoner within that period of the timescale within which the reply will be given and shall thereafter give a written reply as soon as reasonably practicable.

(7) This rule does not affect any right of a prisoner to make any complaint at any time to any person or body other than the Scottish Ministers and any officer of the prison.

Complaints to the residential unit manager

124

(1) A prisoner who has made a complaint in terms of rule 123 and is dissatisfied with the reply given, may refer the complaint in writing to the residential unit manager.

(2) If the prisoner requires assistance with the making of the written complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) Subject to paragraph (4), the residential unit manager shall give a written reply within 24 hours of receiving the written complaint.

(4) If the residential unit manager is unable to reply within the period specified in paragraph (3), that manager shall inform the prisoner within that period of the timescale within which the reply will be given and shall thereafter give a reply as soon as reasonably practicable.

(5) When the residential unit manager gives the reply to the prisoner, the prisoner shall be informed by the residential unit manager of the right to refer the complaint to the internal complaints committee if dissatisfied with his or her reply.

Referral of complaints to the internal complaints committee

125

(1) If a prisoner is dissatisfied with the reply given in relation to a complaint by the residential unit manager in terms of rule 124(3) or (4), the prisoner may make a written referral of the complaint to the internal complaints committee (“the committee”) consisting of not fewer than 3 officers or employees.

(2) If the prisoner requires assistance with the making of the written complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) The complaint shall be inquired into by the committee not later than 7 days after the date on which the referral is made.

(4) The prisoner making the referral may–

(a) attend the inquiry and make representations to the committee;

(b) be assisted at the inquiry by–

(i) an officer or an employee, a member of the visiting committee, or any person who ordinarily works at the prison but who is not employed by the Scottish Ministers; or

(ii) where the officer acting as chairman of the committee is satisfied that there are exceptional circumstances, another prisoner at the prison concerned,

if the person concerned has agreed to assist the prisoner;

(d) ask questions of any person giving evidence at the inquiry.

(5) If a prisoner making a referral intends–

(a) to call witnesses to give evidence in support of the complaint; or

(b) to be assisted by any person as mentioned in paragraph (4)(b),

the prisoner shall give written notice of that intention and the reasons for considering this to be necessary.

(6) The officer acting as chairman of the committee may refuse to allow a prisoner to call a particular witness if, having discussed the matter with the prisoner, he or she reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in considering the complaint and, in that event, the officer shall inform the prisoner concerned prior to the hearing.

(7) Subject to paragraphs (8) and (9), at the conclusion of the inquiry, the committee shall–

(a) consider and decide upon such recommendations as it sees fit in relation to the complaint;

(b) inform the prisoner of its decision at that time; and

(8) Subject to paragraph (9), if the committee is unable to give a decision at the time of the inquiry, it shall inform the prisoner of the decision in writing within 48 hours of the conclusion of the inquiry.

(9) If in exceptional circumstances the committee is unable to inform the prisoner of its decision within the period specified in paragraph (8), it shall inform the prisoner–

(a) within that period of the reasons for the delay and when the committee considers it will be able to give its decision; and

(b) of its decision as soon as reasonably practicable thereafter.

(10) The officer acting as chairman of the committee shall inform the Governor of the decision.

(11) The Governor shall take such action as is possible in order to give effect to any recommendation the committee may make in relation to the complaint.

Referral of complaints to the Governor

126

(1) A prisoner if dissatisfied with the decision of the internal complaints committee in terms of rule 125 in relation to a complaint which he or she referred to it, may refer the complaint to the Governor.

(2) If the prisoner requires assistance with the making of the written complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) The Governor shall consider the complaint within 7 days of the date on which it is referred except where it is not reasonably practicable to do so.

(4) The Governor may, at the request of the prisoner, discuss the complaint with the prisoner.

(5) If the Governor refuses a request by a prisoner to discuss the complaint, the Governor shall inform the prisoner of the reasons for that refusal and shall record that decision in writing.

(6) After considering the referral, the Governor may–

(a) reject the complaint; or

(b) substitute or amend any recommendation made by the internal complaints committee in terms of rule 125(7) or make any other recommendation as he or she considers appropriate and give effect to the recommendations as substituted or amended.

(7) The Governor shall inform the prisoner of the decision in writing.

Complaints to the Governor in relation to confidential matters

127

(1) Notwithstanding rules 123 to 126, a prisoner who desires to make a complaint to the Governor concerning any confidential matter which is of an exceptionally sensitive or serious nature may do so in writing subject to and in accordance with the following provisions of this rule.

(2) The prisoner shall, if wishing to make such a complaint, give a sealed envelope containing the written complaint to the residential officer, who shall convey the complaint without delay to the Governor.

(3) The Governor if of the opinion that the complaint is not of an exceptionally sensitive or serious nature, shall inform the prisoner without delay that the complaint must be made in accordance with rule 123 and shall return the written complaint in a sealed envelope.

(4) Subject to paragraph (3), the Governor shall consider the complaint and inform the prisoner of his or her decision within 7 days of the date on which the complaint was made except where it is not reasonably practicable to do so.

Complaints concerning medical treatment

128

(1) A prisoner who desires to make a complaint to a medical officer concerning any aspect of the care provided by that medical officer at the prison may do so subject to and in accordance with paragraphs (2) to (8).

(2) The prisoner shall make the complaint in writing by–

(a) enclosing the written complaint in a sealed envelope addressed to the medical officer to whom the prisoner wishes to complain; and

(b) giving that sealed envelope to the residential officer, who shall convey the complaint without delay to the medical officer to whom it is addressed.

(3) As soon as reasonably practicable after receiving a complaint in terms of paragraph (2), the medical officer to whom it is made shall inform the Governor in writing that a complaint has been received and thereafter confirm whether the complaint has been satisfactorily resolved.

(4) If a prisoner requires assistance with the making of a complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(5) A medical officer who receives a complaint in accordance with this rule shall consider the complaint and reply to the prisoner within 7 days of the date on which the complaint was made except where it is not reasonably practicable to do so.

(6) A prisoner may refer the complaint concerning any aspect of the care provided by any medical officer of the prison to the Scottish Ministers if dissatisfied with the reply given by the medical officer in terms of paragraph (5), but the Scottish Ministers shall be under no obligation to consider the complaint unless it has been so referred.

(7) The Scottish Ministers shall give a written decision within 28 days of the date on which the complaint has been referred to them except where it is not reasonably practicable for them to do so.

(8) The Scottish Ministers shall inform the prisoner, the Governor and the medical officer of their decision; and the Governor and the medical officer shall each take any such action as they are required to take to give effect to any instruction which the Scottish Ministers make in relation to the complaint.

Requests, complaints and representations to the Scottish Ministers in relation to certain matters

129

(1) A prisoner who desires to make any request or complaint, or representations, in relation to any matter mentioned in paragraph (2) may do so in writing directly to the Scottish Ministers.

(2) This rule applies to the following matters–

(a) a request or complaint by a prisoner in connection with a transfer out of the United Kingdom under the Repatriation of Prisoners Act 1984[^f00080];

(b) a request to be transferred to another part of the United Kingdom or to any of the Channel Islands or the Isle of Man under Schedule 1 to the Crime (Sentences) Act 1997[^f00081];

(d) representations to the Scottish Ministers as regards any matter concerning a prisoner’s release on licence under the Act or Part I of the 1993 Act or his or her return to prison or detention by virtue of the Act or Part I of the 1993 Act.

Appeals in relation to disciplinary proceedings

130

(1) A prisoner who is found guilty of any breach of discipline may, where any officer other than the Governor adjudicated the charge, appeal in writing to the internal complaints committee not later than 14 days after the date on which the charge was adjudicated–

(a) against such a finding of guilt and any punishment imposed in respect of the breach; or

(b) in the case of any punishment imposed under rule 119(1), against the punishment only.

(2) An appeal under paragraph (1) shall be dealt with as if it were a complaint made under rule 125 and the Governor shall, if recommended to do so by the internal complaints committee,–

(a) quash any finding of guilt; or

(b) remit or mitigate any punishment (other than a punishment imposed under sub paragraph (b), (d), (f) or (h) of rule 119(1) where the period for which the punishment was imposed has expired by the date of the decision of the appeal).

(3) If a prisoner who has appealed under paragraph (1) to the internal complaints committee is dissatisfied with the decision of the committee and refers the matter to the Governor under rule 126, the powers of the Governor under rule 126(6) shall include the same powers as mentioned in paragraph (2) above.

(4) Following the conclusion of the appeals procedure in relation to an appeal under paragraph (1), a prisoner shall not be entitled to make any further request, complaint or appeal under this Part of these Rules in relation to the same matter to which the breach of discipline in question related.

Power of Scottish Ministers to quash findings of guilt and to remit or mitigate punishments

131

(1) The Scottish Ministers may in relation to a prisoner who has been found guilty of any breach of discipline–

(a) quash any finding of guilt;

(b) remit or mitigate any punishment (other than a punishment imposed under sub paragraph (b), (d), (e) or (g) of rule 119(1) where the period for which the punishment was imposed has expired); or

(2) If the Scottish Ministers quash any finding of guilt, the Governor shall destroy any record in the prisoner’s file which relates to the alleged breach of discipline except where the record, or a part of it, relates to any other finding of breach of discipline which continues to form part of the prisoner’s record.

Direction with respect to complaints procedures

132

(1) The Scottish Ministers may provide in a direction such conditions as they consider appropriate with respect to the form and manner in which–

(a) any complaint as mentioned in rules 123 to 128 may be made or referred; and

(b) any reply or decision in relation to such a complaint may be given.

(2) The Governor shall ensure that–

(a) supplies of any form specified in a direction made for the purposes of paragraph (1); and

(b) information as to where prisoners may obtain assistance in the completion of any such form,

are readily available to prisoners.

PART 13 — FEMALE PRISONERS

Separation of male and female prisoners

133

Female prisoners shall be accommodated in rooms or cells which are entirely separate from rooms or cells used for the accommodation of male prisoners.

Pregnancy and confinement

134

(1) A medical officer shall notify the Governor if of the opinion that a prisoner is pregnant or if a prisoner is likely to give birth prior to the expiration of her sentence or period of committal.

(2) The Governor shall not notify any friend or relative of the prisoner of her pregnancy without her consent except where–

(a) in the case of a young offender who is under 18 years of age, the Governor considers it appropriate to do so; or

(b) in any other case, the prisoner is incapable of giving consent by reason of illness and the Governor has no reason to think that such consent would be refused.

(3) A prisoner who is pregnant shall–

(a) not be required to undertake any work of a strenuous nature in the later stages of her pregnancy;

(b) be provided with food and drink which take into account any dietary requirements during pregnancy; and

(c) where by virtue of her condition she requires to be removed from association with other prisoners, be kept under supervision to such extent as is reasonably practicable or be required to share accommodation in a room or cell with a suitable prisoner where the Governor, on the advice of a medical officer, considers this is appropriate.

(4) A medical officer shall arrange for the transfer of any prisoner who is pregnant to a hospital outwith the prison for the purposes of giving birth.

Accommodation of female prisoners' babies

135

(1) Subject to paragraph (2), the Governor may permit a female prisoner to have her baby with her in prison, and everything necessary for the baby’s maintenance and care, including a suitable cot, shall be provided by the Governor.

(2) Subject to any direction by the Scottish Ministers for the purposes of this rule, the Governor may in granting permission under paragraph (1) impose such conditions as the Governor thinks fit.

(3) A female prisoner who is permitted to have her baby with her in prison may, with the consent of the Governor, arrange, at her expense or at the expense of some other person, for the provision of additional articles or food for the baby’s maintenance or care.

PART 14 — TRANSFER AND DISCHARGE OF PRISONERS

Pre-release preparation

136

The Governor shall at the appropriate time discuss with every prisoner his or her immediate needs on release and may also arrange for any other person to see the prisoner to discuss such needs.

Medical assessment prior to transfer or release

137

(1) A medical officer shall assess every prisoner within a period of 7 days before the time when they are due to be released from prison.

(2) The form of an assessment shall be a matter for the judgment of the medical officer and may include any physical examination as the medical officer considers appropriate.

(3) Without prejudice to paragraph (1), a medical officer shall–

(a) examine the medical records of any prisoner who is receiving medical treatment or is for the time being under the medical officer’s supervision; and

(b) where the medical officer considers it necessary, or where a request for medical assistance has been made by a prisoner, examine the prisoner,

before that prisoner is taken from prison to any place or released from prison.

(4) No prisoner as mentioned in paragraph (3) shall be taken from prison to any place (other than a hospital in an emergency) unless a medical officer has certified that the prisoner is fit to travel.

(5) Subject to paragraph (6), no prisoner as mentioned in paragraph (3) who is due to be released shall be discharged from prison unless a medical officer has certified that the prisoner is fit to travel.

(6) Paragraph (5) shall not apply where the prisoner does not consent to remain in prison after the time the prisoner is due to be released.

Provision of clothing and return of property on release of prisoner

138

(1) At the time of release, a prisoner shall be entitled to the return of all his or her clothing and other items of property which have been accepted into or purchased within prison and which have not been disposed of or destroyed pursuant to rule 51(2).

(2) Where at the time of release, a prisoner has insufficient clothing of his or her own, the Governor shall provide suitable clothing for his or her immediate needs following release.

Part payment of fines by fine defaulters

139

(1) This rule applies to a prisoner who is committed to prison or otherwise detained in a prison for failure to pay a fine imposed by a court.

(2) A prisoner to whom this rule applies may be treated for the purposes of section 220 of the 1995 Act[^f00082] as having paid to the Governor any sum in part satisfaction of the fine if the conditions specified in paragraph (3) or, as the case may be, paragraph (4) are fulfilled.

(3) The conditions specified are–

(a) the sum is in cash and is deposited with the Governor; or

(b) the sum is paid by means of a cheque and the Governor is satisfied that the further conditions in paragraph (4) are fulfilled.

(4) If the prisoner offers to pay the Governor by means of a cheque, the further conditions are–

(a) except where a cheque is drawn on an account in the name of a firm of solicitors, the sum does not exceed £50; and

(b) the cheque is drawn and signed and supported by such other form of identity or guarantee as may be specified in a direction made by the Scottish Ministers.

PART 15 — TEMPORARY RELEASE

Short leave and winter and summer leave

140

(1) In this rule–

(a) “short leave” means temporary release from a prison of a prisoner for the purpose of enabling the prisoner to visit his or her home or other approved place for a period not exceeding 7 nights excluding travelling time; and

(b) “winter and summer leave” means temporary release from a prison of a prisoner for the purpose of enabling the prisoner to visit his or her home or other approved place for a period of up to 5 nights, excluding travelling time, during the winter or summer.

(2) On the application of an eligible prisoner and subject to rule 147, the Governor may grant the prisoner short leave or winter and summer leave if the Governor is of the opinion that, having regard to the relevant criteria applicable to the grant of such leave, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of application the prisoner–

(a) is confined at a prison or in a particular hall or part of a prison to which this rule applies;

(b) is assigned low supervision level; and

Pre-release leave

141

(1) In this rule, “pre-release leave” means temporary release of an eligible prisoner to enable the prisoner to visit his or her home or other approved place for a period not exceeding 3 days and 3 nights for the purpose of assisting in the prisoner’s preparation for release.

(2) On the application of an eligible prisoner and subject to rule 147, the Governor may grant the prisoner pre-release leave if he or she is of the opinion that, having regard to the relevant criteria applicable to the granting of such leave, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of the application–

(a) he or she is not disqualified from consideration for any reason specified in rule 146(1);

(b) he or she is assigned low supervision level; and

(i) a prisoner serving a sentence of imprisonment for a term of 4 years or more; or

(ii) a life prisoner,

whose release date is within 6 weeks of the commencement of the pre release leave.

Unescorted day release of prisoners assigned low supervision level

142

(1) In this rule “unescorted day release” means the temporary release of an eligible prisoner for a period not exceeding one day, including travelling time, who is, for the time being, assigned low supervision level for the purposes of enabling the prisoner, in preparation for eventual release–

(a) to develop further, or to re-establish, links with his or her family or community; or

(b) to develop educational or employment opportunities.

(2) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of the application he or she is–

(a) not an untried or a civil prisoner; and

(b) not disqualified from consideration for any reason specified in rule 145(1).

(3) The Governor may grant unescorted day leave on the written application of an eligible prisoner.

Unescorted day release of prisoners assigned low supervision level for compassionate reasons

143

(1) In this rule “unescorted day release” means the temporary release for a period not exceeding one day, excluding travelling time, of an eligible prisoner who is, for the time being, assigned low supervision level for the purpose of enabling the prisoner–

(a) to visit any relative who it appears to the Governor is dangerously ill;

(b) to attend the funeral of a near relative;

(d) to attend at any place for any other reason where the Governor is of the opinion that the circumstances warrant it.

(2) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of application he or she is–

(a) not an untried or a civil prisoner; and

(b) not disqualified from consideration for any reason specified in rule 145(1).

(3) The Governor may grant unescorted day release on the written application of an eligible prisoner.

Temporary release for work etc.

144

(1) The Governor may grant temporary release to an eligible prisoner for the purpose of enabling the prisoner–

(a) to undertake an unescorted work placement outside prison in terms of rule 84;

(b) to attend unescorted at a college, university or other educational establishment in order to participate in vocational training or an educational class;

(d) to attend, unescorted, for treatment at a medical facility outwith the prison; or

(e) to attend, unescorted, for counselling outwith the prison.

(2) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of the temporary release being granted–

(a) the prisoner is not disqualified from consideration for any reason specified in rule 145(1); and

(b) the prisoner is assigned low supervision level.

Unavailability of temporary release

145

(1) A prisoner shall be disqualified from being considered for temporary release in terms of rules 140 to 144 if he or she is for the time being–

(a) an appellant;

(b) subject to proceedings under the Extradition Act 2003;

(d) in the opinion of a medical officer, otherwise unfit.

(2) A life prisoner shall not be granted temporary release under rules 140 to 144 unless the Governor has obtained the prior consent of the Scottish Ministers to–

(a) the life prisoner’s first grant of temporary release; and

(b) any further grant of temporary release where the prisoner has been assigned a supervision level other than low supervision level following the consent of the Scottish Ministers having been obtained under sub paragraph (a).

Recall of prisoners granted temporary release

146

The Scottish Ministers may recall to prison any prisoner who has been granted temporary release, whether the conditions upon which the prisoner has been granted such release have been broken or not.

Direction with respect to temporary release

147

For the purposes of temporary release consisting of any form of leave or release specified in rules 140 to 144, the Scottish Ministers may specify in a direction–

(a) the prisons or any halls within or parts of particular prisons to which any of those rules applies;

(b) the manner in which the Governor shall consider an application for any such form of temporary release;

(d) the conditions which may be imposed in relation to any approval of such an application;

(e) the timing and duration of any such form of temporary release and the frequency with which it may be granted to an eligible prisoner; and

(f) the persons who are to be treated as a near relative of the prisoner.

PART 16 — OFFICERS AND EMPLOYEES

General duty of officers and employees

148

It shall be the duty of every officer and employee–

(a) to conform to these Rules;

(b) to obey any lawful instructions of the Governor or of the Scottish Ministers; and

(c) to inform the Governor promptly of any breach of these Rules or any abuse or impropriety which comes to his or her knowledge.

Transactions with prisoners or in connection with the prison

149

(1) No officer or employee shall take part in any business or pecuniary transaction with, or on behalf of, a prisoner, except with the authority of the Scottish Ministers.

(2) Except with the authority of the Governor, no officer or employee shall–

(a) bring in or take out, or attempt to bring in or take out, or knowingly allow to be brought in or taken out, to or for any prisoner; or

(b) deposit in any place with intent that it shall come into the possession of any prisoner,

any article whatsoever.

Fees and gratuities

150

No officer or employee shall–

(a) receive any unauthorised fee, gratuity or other consideration in connection with his or her duties as an officer or employee;

(b) directly or indirectly, have any interest in any contract in connection with the prison or any other prison; or

(c) receive any fee, gratuity or other consideration from or on behalf of any contractor at, or any person tendering for a contract in connection with, the prison or any other prison.

Searches of officers and employees

151

(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 any officer or employee; and

(b) of any article of property belonging to any officer or employee which is in his or her possession whilst in the prison, or which is kept by them in his or her locker or any other place within the prison.

(2) A search under paragraph (1) of any clothing or other article of property belonging to an officer or employee which is being worn or, as the case may be, otherwise in his or her possession whilst in the prison, or which is kept by them in their 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 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 an officer or employee 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 an officer or employee shall be carried out within the prison–

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

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

Communications to the press etc.

152

(1) No officer or employee shall make, directly or indirectly, any unauthorised communication to a representative of the press or any other person concerning matters which have become known to them in the course of his or her duties.

(2) No officer or employee shall, without the authority of the Governor or, in such circumstances as the Scottish Ministers may specify in a direction, publish any matter or make any public pronouncement relating to the administration of any institution to which the Act applies or to any person who may be lawfully confined therein.

Code of conduct

153

(1) The Scottish Ministers may approve a code regulating the conduct and discipline of officers and employees, or such categories of officers and employees as may be specified in the code.

(2) Any such code may include provision regulating–

(a) the procedures which may be invoked where it is suspected that the acts or omissions of an officer or employee may constitute misconduct;

(b) the disciplinary action which may be taken against an officer or employee who is found to have misconducted themself; and

PART 17 — VISITING COMMITTEES

Application of Part 17

154

(1) Except as mentioned in paragraphs (2) and (3), this Part shall apply to visiting committees for prisons and young offenders institutions.

(2) Rule 156 does not apply to visiting committees for prisons.

(3) In the application of this part to young offenders institutions and visiting committees for such institutions–

(a) in rule 157–

(i) paragraph (2) shall not apply; and

(ii) in paragraph (5), the words “required to be” shall be omitted; and

(b) rules 155 and 164 and Schedule 2 and 3 shall not apply.

Constitution of visiting committees

155

(1) There shall be a visiting committee constituted in accordance with this rule for each prison specified in column 1 of Schedule 2.

(2) The members of a visiting committee constituted in accordance with this rule for each prison specified in column 1 of Schedule 2 shall be appointed in accordance with this rule by the council or councils specified in column 2 of that Schedule in relation to that prison and each such council shall appoint the number of members of the committee specified in column 3 of that Schedule in relation to that council.

(3) In appointing the members of a visiting committee for each prison specified in column 1 of Schedule 2 each council responsible for appointing the members shall ensure that the total number of members specified in column 3 of that Schedule in relation to that prison and council shall include not fewer than the number of members specified (where a number is specified) in column 4 of that Schedule in relation to that prison and council being persons who are not members of the council which appoints them.

(4) Any person with a direct financial interest in any contract for the supply of goods or services to any prison shall not be eligible for appointment to a visiting committee in terms of this rule.

(5) The member or members of a visiting committee to be appointed by a council in terms of paragraph (2) shall be appointed at a meeting of the council and thereafter shall be so appointed at a meeting of that council held not later than 2 months after the date of the ordinary election of councillors.

(6) Any member of a visiting committee appointed by a council in accordance with paragraphs (2) and (5) shall take office on the day which falls 2 months after the date of the respective ordinary election of councillors and shall hold office, unless they earlier cease to hold office by virtue of paragraph (7), until the day prior to the day which falls 2 months after the date of the next ordinary election of councillors.

(7) A member of a visiting committee shall cease to hold office if–

(a) he or she resigns;

(b) either the council who appointed the member or the Scottish Ministers terminate the member’s appointment if either is satisfied that–

(i) the member has failed satisfactorily to perform his or her duties;

(ii) the member is for any other reason incapable of carrying out his or her duties;

(iii) subsequent to his or her appointment, the member has been convicted of such a criminal offence, or their conduct has been such, that it is not fitting that he or she should remain a member; or

(iv) the member has a direct financial interest contrary to the terms of rule 163; or

(c) having been appointed a member whilst also a member of the council, the council terminate his or her appointment by reason of having ceased to be a member of the council.

(8) The chairman of a visiting committee shall report to the council responsible for appointing any member of the visiting committee any circumstances which the chairman considers might reasonably give cause for termination in terms of paragraph (7) of the appointment of the member appointed by that council.

(9) If for any reason the requisite number of members of a visiting committee is not appointed at the proper time in terms of paragraph (5), or if for any cause a vacancy occurs in a visiting committee, the council responsible for the appointment may at any time and as soon as possible after the vacancy occurs appoint a person to fill the vacancy.

Minimum number of women members of visiting committees for young offenders institutions

156

Of the total membership of the visiting committee for each young offenders institution appointed by the Scottish Ministers under section 19(3) of the Act, not fewer than one third, with a minimum of two, shall be women.

Proceedings of visiting committees

157

(1) At the first meeting of a visiting committee, the members shall–

(a) elect from the membership, a chair and a deputy chair each for a period of 4 years, and thereafter shall fill any vacancy in that office promptly; and

(b) appoint a person (not being an officer of the Scottish Ministers) to act as a clerk to the Committee.

(2) The chair of the visiting committee shall report to the Scottish Ministers the names and addresses of the members of the committee immediately after the first meeting and, thereafter, whenever a change in these details or in the membership occurs.

(3) The visiting committee for a prison shall meet at the prison at least once in every period of 3 months.

(4) A visiting committee may appoint from its membership sub committees and may delegate specific duties to any such sub committee for the purpose of carrying out its functions.

(5) A visiting committee shall fix a quorum of not less than one-third of the total number of members required to be appointed to that committee for the purpose of its proceedings, and for the proceedings of any sub committee appointed under paragraph (4).

(6) The proceedings of a visiting committee shall not be invalidated by any vacancy in the membership or any defect in the appointment of a member.

(7) A visiting committee shall keep minutes of its proceedings and shall send a copy of such minutes to the Governor and to the Scottish Ministers as soon as reasonably practicable after the relevant proceedings.

General duties of visiting committees and members of committees

158

(1) A visiting committee shall co-operate with the Scottish Ministers and the Governor in promoting the efficiency of the prison and shall inquire into and report to the Scottish Ministers upon any matter into which they may ask it to inquire.

(2) The visiting committee shall–

(a) immediately bring to the notice of the Governor any circumstances relating to the administration of the prison or the condition of any prisoner which appear to it to be expedient to report for the Governor’s consideration; and

(b) bring such circumstances to the notice of the Scottish Ministers if it appears to the committee that the Governor has not remedied any matter which the Committee has notified to the Governor in terms of sub paragraph (a) within such period as appears to the committee to be reasonable.

(3) The visiting committee shall from time to time inquire into the state of the prison premises and shall–

(a) inspect, in particular, the food and drink provided to prisoners; and

(b) in relation to any such inquiry–

(i) record particulars of every visit made, together with any deficiencies found during such visits, in the committee’s minute book; and

(ii) promptly send a copy of such particulars to the Scottish Ministers and to the Governor.

(4) The visiting committee shall also discharge such other duties as the Scottish Ministers may from time to time assign to it.

(5) No person who is or has been a member of a visiting committee shall disclose any information mentioned in paragraph (6) which the person holds or has held as a member.

(6) The information referred to in paragraph (5) is any information obtained–

(a) by any member of a visiting committee which relates to the prison, any officer of the prison or any prisoner; and

(b) on terms or in circumstances requiring it to be held in confidence.

(7) Paragraph (5) does not apply to any disclosure of information mentioned in paragraph (6) made to any person, or for any purpose, permitted by the provisions of this Part.

Investigation of complaints

159

(1) The visiting committee and any member shall hear and investigate any complaint which a prisoner makes to the committee and the member.

(2) Where a member of the committee wishes to see any prisoner in connection with a complaint, the Governor shall make arrangements for the member to do so, whether in the prisoner’s room or cell or in some other part of the prison, but in any case outwith the sight and hearing of an officer unless either party requests otherwise.

(3) The visiting committee shall–

(a) record particulars of its findings in relation to its investigation of a prisoner’s complaint in its minute book;

(b) promptly send a copy of such findings to the Scottish Ministers and to the Governor; and

Visits to prisons by members of visiting committees

160

Not fewer than 2 members of a visiting committee shall visit the prison at least fortnightly and for this purpose the committee shall arrange a rota of attendance at the prison.

Inspection of prison records

161

(1) The visiting committee or any member of the committee may inspect prison records other than–

(a) personnel records;

(b) prisoners' records; and

(2) The visiting committee shall record particulars of any inspection of prison records in its minute book.

Annual report

162

(1) The visiting committee shall make an annual report for the period of 12 months ending on 31st March each year to the Scottish Ministers concerning the state of the prison and its administration and may include in it any advice and suggestions it considers appropriate.

(2) The said annual report shall be delivered as soon as possible after the last day of March in each year.

Conflicts of interest

163

A member of the visiting committee shall not have any direct financial interest in any contract for the supply of goods or services to the prison for which the committee is appointed or any other prison.

Visiting committees for legalised police cells

164

(1) There shall be a visiting committee constituted in accordance with this rule for the legalised police cells specified in column 1 of Schedule 3 to these Rules.

(2) The members of a visiting committee for the legalised police cells specified in column 1 of Schedule 3 shall be appointed in accordance with this rule by the council or councils specified in column 2 of that Schedule in relation to those cells and each such council shall appoint the number of members of the committee specified in column 3 of that Schedule in relation to that council.

(3) In relation to the legalised police cells specified in Schedule 3 and to the visiting committees constituted in accordance with this rule and to the members and officers of any such committees, the following provisions of these Rules shall apply subject to the modifications specified in paragraphs (4) to (7):–

(a) in rule 155, paragraphs (4) to (8);

(b) in rule 157, paragraphs (1) to (3) and (6) and (7);

(d) rule 159;

(e) rule 160;

(f) rule 161;

(g) rule 162; and

(h) rule 163.

(4) The provisions specified in sub paragraphs (a) to (h) of paragraph (3) shall apply as if–

(a) any reference to “prison” were a reference to the relevant legalised police cells;

(b) any reference to “Governor” were a reference to the constable who is in charge of the cells.

(5) Rule 157(7) shall apply as if the words “the Governor and to” were omitted.

(6) Rule 160 shall apply as if for the words from the beginning to the word “fortnightly” read “A member of a visiting committee shall visit the legalised police cells on at least one occasion in a month if any prisoners have been detained in the cells within the preceding month”.

(7) Rule 161 shall apply as if–

(a) in paragraph (1), the words after “inspect” read “records relating to the legalised police cells and any record kept at the cells which relates to a prisoner who is or has been detained in them.”; and

(b) in paragraph (2), the words “prison records” read “any such records as mentioned in paragraph (1)”.

PART 18 — SUPPLEMENTARY

Directions

165

Where any provision of these Rules provides that the Scottish Ministers may give a direction, unless the contrary intention appears, the Scottish Ministers may make provision in the direction–

(a) in relation to all cases in respect of which the direction may be given, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or classes of case;

(b) as respects the cases in relation to which it is given, that the direction applies either unconditionally, or subject to any specified condition; or

Revocations

166

Subject to rule 167, the rules and the Order specified in Schedule 4 are hereby revoked.

Savings and transitional provisions

167

Notwithstanding rule 166, the savings and transitional provisions specified in Schedule 5 shall have effect.

SCHEDULE 1 — BREACHES OF DISCIPLINE

A prisoner shall be guilty of a breach of discipline if he or she–

(a) commits any assault;

(b) detains any person against his or her will;

(c) denies access to any part of the prison to any officer or any person (other than a prisoner) who is at the prison for the purpose of working there;

(d) fights with any person;

(e) intentionally endangers the health or personal safety of others or, by his or her conduct, is reckless whereby such health or personal safety is endangered.

(f) intentionally obstructs an officer in the execution of his or her duty or any person (other than a prisoner), who is at the prison for the purpose of working there, in the performance of his or her work;

(g) escapes or absconds from prison or from legal custody;

(h) fails–

(i) to return to prison when he or she should return after being temporarily released under Part 15 of these Rules; or

(ii) to comply with any condition upon which he or she is so temporarily released;

(i) have–

(i) in his or her possession, or concealed about his or her body or in any body orifice, any article or substance which he or she is not authorised to have or a greater quantity of any article or substance than he or she is authorised to have; or

(ii) in his or her possession whilst in a particular part of the prison any article or substance which he or she is not authorised to have when in that part of the prison;

(j) sells or delivers to any person any article which he or she is not authorised to have;

(k) sells or, without permission, delivers to any person any article which he or she is allowed to have only for his or her own use;

(l) takes improperly any article belonging to another person or to the prison;

(m) intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him or her;

(n) destroys or damages any part of a prison or any other property, other than his or her own;

(o) absents his or herself from any place where he or she is required to be or is present at any place where he or she is not authorised to be;

(p) is disrespectful to any officer, or any person (other than a prisoner) who is at the prison for the purpose of working there, or any person visiting a prison;

(q) uses threatening, abusive or insulting words or behaviour;

(r) intentionally fails to work properly or, being required to work, refuses to do so;

(s) disobeys any lawful order;

(t) disobeys or fails to comply with any rule, direction or regulation applying to a prisoner;

(u) inhales any substance, or the fumes of any substance, which is–

(i) a prohibited article;

(ii) an article which he or she is not authorised to possess or keep in terms of these Rules or by any officer; or

(iii) an article which he or she is so authorised to keep or possess but not for the purpose of inhaling or inhaling the fumes thereof;

(v) smokes in an area of a prison where smoking is not permitted by virtue of rule 31;

(w) consumes, takes, injects, ingests or conceals inside a body orifice any substance which is a prohibited article;

(x) commits any indecent or obscene act;

(y) administers a controlled drug to him or herself or fails to prevent the administration of a controlled drug to him or herself by another person (but subject to rule 117(6));

(z) fails, without reasonable excuse, to open his or her mouth for the purpose of enabling a visual examination in terms of rule 106(2)(d); or

(aa) attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or to attempt to commit, any of the foregoing breaches;

SCHEDULE 2 — CONSTITUTION OF VISITING COMMITTEES

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