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The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Type Scottish-Statutory-Instrument

Publication 2011-09-12

Last updated 2025-11-10

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 12th September 2011

Laid before the Scottish Parliament: 14th September 2011

Coming into force: 1st November 2011

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Courts-Martial (Appeals) Act 1968 , sections 3A, 8, 11, 12, 14, 33A and 39 of the Prisons (Scotland) Act 1989 and sections 104(6) and 114(3) of, and paragraph 3(2)(b) of Schedule 6 to, the Criminal Justice and Public Order Act 1994 and all other powers enabling them to do so.

PART 1 — GENERAL

Citation and commencement

1

These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Rules 2011 and come into force on 1st November 2011.

Interpretation

2

(1) In these Rules—

“the Act” means the Prisons (Scotland) Act 1989 ;

“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 ;

“the 1994 Act” means the Criminal Justice and Public Order Act 1994;

“the 2006 Rules” means the Prisons and Young Offenders Institutions (Scotland) Rules 2006 ;

“accommodation” means the cells or rooms used to accommodate prisoners for living and sleeping purposes;

“appellant” means, subject to rule 2(3), a prisoner—who appeals under section 106 or 175 of the 1995 Act against his or her conviction or sentence, or against both conviction and sentence;whose case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission pursuant to section 194B(1) of the 1995 Act ;who appeals by way of bill of suspension against his or her conviction or sentence, or both conviction and sentence, in summary proceedings;who appeals under section 8 of the Court Martial Appeals Act 1968 against his or her conviction or sentence, or both conviction and sentence, or who appeals under section 39(1) of that Act from any decision of the Court Martial Appeal Court on an appeal under section 8 of that Act; orwho is returned to prison under section 18(2) of the 1993 Act and who appeals under section 19 of that Act;

“appropriate member”, in relation to a member of the chaplaincy team, means a member who represents the religious denomination concerned or who has pastoral care of the prisoner concerned;

“authorised personal communication device” means a personal communication device the possession and use of which have been authorised under section 41ZB(8) of the Act;

“biometric data” means fingerprints and any other data specified by direction made by the Scottish Ministers;

“chaplain” means the person who is appointed pursuant to section 3(2) of the Act as the chaplain to a prison;

“chaplaincy team” consists of the chaplain and any prison minister and any visiting minister;

“civil prisoner” means a person who is committed to prison—by virtue of non compliance with an order under section 45 of the Court of Session Act 1988 ;under section 4 or 6 of the Civil Imprisonment (Scotland) Act 1882 ;by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 ;for contempt of court or for non payment of a fine imposed for contempt of court; orfor breach of interdict;

“clothing” includes footwear, jewellery and other objects worn for personal adornment;

“communal telephone” means a landline telephone provided in a communal area of the prison for use by any prisoner and does not include an authorised personal communication device;

“constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012;

“contracted out prison” means a prison or part of a prison the running of which a contract under section 106 of the 1994 Act is for the time being in force;

“contracted out services” means services to a prison (other than a contracted out prison) or to staff or prisoners therein, provided other than by officers or employees;

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

“coronavirus” has the same meaning as in section 1 of the Coronavirus (Scotland) Act 2020;

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

“employee” means an employee (not being an officer of a prison) appointed by the Scottish Ministers under section 51 of the Scotland Act 1998 ;

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

“for the duration of a coronavirus outbreak” means the time period beginning from the commencement of the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2020 and lasting until 30 September 2022;

“Governor” means—in this rule, rules 5A, 90(1), 93, 94 and any rule in Part 12 (other than rule 120(3)), the Governor in Charge;in rules 6, 7, 14, 35 and 81 and in any rule in Parts 3, 8, 10 (other than rules 90(1), 93 and 94), 11 and 14 to 17 and, unless otherwise expressly provided for, in directions made under rules 19(2)(g), 21(1)(b)(iii), 22, 26, 55(7), 62(10), 62A(11), 77(3), 78A(10) and 86, any of the following—the Governor in Charge;the Deputy Governor;any authorised Unit Manager; andwhere there is no officer as mentioned in paragraphs (i) to (iii) present for the time being in the prison, the most senior officer who is present in prison at that time; andin any other provision in these Rules, any officer;

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

“healthcare professional” has the same meaning as in section 17CA of the National Health Service (Scotland) Act 1978 ;

“in-cell telephone” means a landline telephone provided in a prisoner’s cell or room for the use of any prisoner for the time being accommodated in that cell or room, and does not include an authorised personal communication device;

“independent prison monitor” means an independent prison monitor appointed under section 7B(2)(a) of the Act;

“legal adviser” means a person who is entitled to practise—as a solicitor, an advocate or a barrister in any part of the United Kingdom; oras a member of the corresponding profession of solicitor, advocate or barrister in any Member State of the European Union, and, except for the purposes of rule 113(9), includes the authorised clerk or employee of such a person;

“legal custody” is to be interpreted in accordance with section 13 of the Act and section 295 of the 1995 Act ;

“letter” includes any communication in written form which—is directed to a specific person or address; andrelates to the personal, private or business affairs of, or the business affairs of the employer of, either correspondent, and includes an envelope containing any such communication;

“life prisoner” means a person serving a sentence of imprisonment for life;

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

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

“medical facility” includes any hospital and any other premises at which any form of services for the care of a person’s health is provided;

“nicotine vapour product” has the meaning given by section 35A of the Tobacco and Primary Medical Services (Scotland) Act 2010;

“officer” means an officer of the prison appointed by the Scottish Ministers and includes the Governor but—for the purposes of searching a prisoner under rule 92(2)(a) and for the purposes of rule 99, includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 114 of the 1994 Act ; andin the case of a legalised police cell, means any constable;

“personal communication device” has the same meaning as in section 41(9B) of the 1989 Act ;

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

“police member of the Scottish Crime and Drug Enforcement Agency” means a police member appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006 ;

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

“prohibited article” means—any drug which is a controlled drug within the meaning given by section 2 of the Misuse of Drugs Act 1971;any firearm, or any ammunition, within the meaning given by section 57 of the Firearms Act 1968;any offensive weapon within the meaning given by section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 1995;any article to which section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 applies;alcohol, within the meaning given by section 2 of the Licensing (Scotland) Act 2005;any personal communication device other than an authorised personal communication device; ...tobacco or any tobacco product; or, any substance which is a psychoactive substance within the meaning given by section 2 of the Psychoactive Substances Act 2016.

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

“refugee” means—a person who is recognised by Her Majesty's Government as a refugee within the meaning of the UN Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1987 or, as the case may be, the Protocol relating to the status of refugees done at New York on 31st January 1967 ; ora person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty's Government though not yet recognised;

“residential first line manager” means an officer who is required by the Governor to manage areas of living accommodation for prisoners;

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

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

“special cell” means a cell or room which is adapted for the temporary accommodation of refractory or violent prisoners and whose features may include special sound-proofing, strengthened fixtures and fittings or the absence of any window;

“stateless person” has the meaning assigned to it in article 1 of the Convention relating to the Status of Stateless Persons 1954 ;

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

“temporary release” means any of the forms of temporary release defined in rule 136;

“tobacco product” has the meaning given by section 35 of the Tobacco and Primary Medical Services (Scotland) Act 2010;

“unauthorised property” means any property which the prisoner has not been authorised by any officer or by virtue of these Rules to possess within the prison or within a particular part of the prison.

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

“untried prisoner” means a person who is committed to prison—for examination or trial on any criminal charge;by virtue of remand in custody under the Extradition Act 2003 ; orby virtue of detention under Schedule 2 or 3 to the Immigration Act 1971 ;following conviction but awaiting sentence, but does not include any such person who is for the time being serving a sentence of imprisonment;

“visiting minister” means a minister who is allowed to visit prisoners of his or her religious denomination in terms of section 9(3) of the Act;

“young offender” means an offender who—has attained 18 years of age but has not yet attained 21 years of age;is being detained in a prison or young offenders institution; andhas been sentenced to a period of detention.

(2) Except where the context otherwise requires, for the purposes of any reference, however expressed, in these Rules to—

(a) the term of imprisonment or other detention to which a person has been sentenced; or

(b) the term of imprisonment or other detention which a person, having been sentenced, has served in whole or in part,

consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

(3) For the purposes of the definition of “appellant” in paragraph (1), a prisoner is deemed to be an appellant—

(a) in the case of an appeal as mentioned in sub-paragraph (a) of that definition in solemn proceedings, from the time the prisoner lodges an intimation of intention to appeal in terms of section 109(1) of the 1995 Act or, in the case of an appeal against sentence only, a note of appeal in terms of section 110(1) of that Act ;

(b) in the case of an appeal as mentioned in sub-paragraph (a) of that definition in summary proceedings, from the time the prisoner lodges an application for a stated case under section 176(1) of the 1995 Act or, in the case of an appeal against sentence only, a note of appeal under section 186(1) of that Act ;

(c) in the case of a reference as mentioned in sub-paragraph (b) of that definition, from the time the Scottish Criminal Cases Review Commission refer the case to the High Court of Justiciary;

(d) in the case of an appeal as mentioned in sub-paragraph (c) of that definition, from the time the prisoner lodges the bill of suspension;

(e) in the case of an appeal as mentioned in sub-paragraph (d) of that definition, from the time the prisoner lodges the appeal;

(f) in the case of an appeal as mentioned in sub-paragraph (e) of that definition, from the time the prisoner lodges a note of appeal, until the appeal, or, as the case may be, the reference is finally disposed of or abandoned in its entirety.

(4) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires—

(a) any reference in these Rules to a prison is to be construed as including a young offenders institution;

(b) any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment is to be construed respectively as including a young offender, detention or a sentence of detention in a young offenders institution;

(c) any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment is to be construed respectively as including any person mentioned in rule 3(2)or any detention or sentence of detention imposed on such a person under any the provisions mentioned in rule 3(2);

(d) any reference in these Rules to a prisoner, imprisonment or a sentence of imprisonment is to be construed respectively as including any person mentioned in rule 3(3) or any imprisonment or detention or period of imprisonment or detention imposed on such a person under any of the provisions mentioned in rule 3(3); and

(e) any reference in these Rules to a visitor is to be interpreted in accordance with rule 105(9).

Application of Rules

3

(1) Subject to paragraphs (2) to (4), these Rules apply to prisons and young offenders institutions and to any person who is required to be detained in any such prison or institution.

(2) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to—

(a) a person sentenced under section 205 of the 1995 Act to be detained without limit of time or for life and who is directed or sentenced to be detained in a prison or a young offenders institution;

(b) persons on whom detention in a young offenders institution has been imposed under section 207(2) of the 1995 Act ; and

(c) a person sentenced to be detained under section 208 of the 1995 Act and who is directed to be detained in a prison or a young offenders institution,

as they apply to prisoners who are serving sentences of imprisonment.

(3) Subject to any exception or modification specified in any provision of these Rules or where the context otherwise requires, these Rules apply to any other person on whom imprisonment, or as the case may be detention in a young offenders institution, has been imposed or who is committed to prison, including persons who are imprisoned or detained—

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

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

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

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

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

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

(h) for contempt of court or for non payment of a fine for contempt of court;

(i) for breach of interdict; and

(j) by virtue of, or by virtue of any rules or regulations made under, the Armed Forces Act 2006 or the Court Martial Appeals Act 1968,

as they apply to persons serving sentences of imprisonment.

(4) Any reference in paragraphs (1) to (3) to a person sentenced to imprisonment or other detention includes a person who is detained in a prison or young offenders institution and is—

(a) by virtue of section 26 of the Criminal Justice Act 1961 , Schedule 1 to the Crime (Sentences) Act 1997 or the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998 , treated for any purpose as if his or her sentence had been an equivalent sentence passed by a court in Scotland; or

(b) serving a sentence of imprisonment or detention by virtue of a warrant authorising his or her detention which has been issued under the Repatriation of Prisoners Act 1984 .

Application of Rules to contracted out prisons

4

(1) Where the Scottish Ministers have entered into a contract for the running of a contracted out prison, these Rules have effect in relation to the contracted out prison, with the following modifications—

(a) references to “an officer” include references to a prisoner custody officer certified as such under section 114(1) of the 1994 Act and performing custodial duties at that or any other prison;

(b) references to “an employee” include references to an employee of the contractor or any sub contractor;

(c) subject to sub-paragraphs (d), (e) and (h), references to a “Governor” include references to a director approved by the Scottish Ministers for the purpose of section 107(1) of the 1994 Act ;

(d) in rules 41, 95, 96 and 97 and in any rule in Parts 11 and 15 references to a “Governor” are to be construed as references to a controller appointed by the Scottish Ministers under section 107(1) of the 1994 Act;

(e) “Governor in Charge” means the director except where the function has been conferred on the controller in terms of sub-paragraph (d) and in such cases references to the “Governor in Charge” are to be construed as references to the controller;

(f) rules 106(8), 108(8), 141(b) and (c) and 142(7) do not apply;

(g) in rules 122 and 123, references to “residential first line manager” or “RFLM” are to be construed as references to the senior prison custody officer;

(h) in rule 124 where a prisoner desires to make a complaint concerning any confidential matter which relates to the controller, references to “the Governor” in rule 124 are to be construed as references to “the Scottish Ministers”; and

(i) the reference to “the Governor” in rule 139(b) includes reference to the director and the controller.

(2) Where a director exercises the powers set out in section 107(3)(c) of the 1994 Act (removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint in cases of urgency) the director must notify the controller of the fact forthwith.

Suspension of certificate of a prisoner custody officer

5

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

(a) either—

(i) an allegation has been made against a prisoner custody officer acting in pursuance of prisoner escort arrangements or performing custodial duties at a prison;

(ii) the officer has been charged with a criminal offence or disciplinary action is being taken against him or her by the contractor; or

(iii) it appears to the prisoner escort monitor or, as the case may be, controller that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his or her duties; and

(b) the prisoner escort monitor or, as the case may be, controller considers that the suspension of the certificate would be conducive to the maintenance of order or discipline in the prison or, as the case may be, the performance of the functions set out in section 102(2) of the 1994 Act (arrangements for the provision of prisoner escorts).

Elimination of discrimination

6

Subject to the provisions of these Rules or of any direction made for any purpose specified in these Rules, the Governor must seek to eliminate within the prison discrimination, harassment and victimisation against prisoners on the grounds of—

(a) age;

(b) disability;

(d) marriage and civil partnership;

(e) pregnancy and maternity;

(f) race;

(g) religion or belief;

(h) sex;

(i) sexual orientation; or

(j) other status.

Availability of Rules and directions

7

The Governor must ensure that a copy of each of the following items is made available for inspection by officers and prisoners in each accommodation block and in the prison library—

(a) these Rules;

(b) any direction made under these Rules; and

PART 2 — RECEPTION, RECORDS, CATEGORISATION AND ALLOCATION

Production of warrant, order, direction or certificate

8

A person may only be received into and detained in a prison where the Governor is satisfied that a valid warrant, order or direction exists which authorises that person to be detained in prison.

Procedure on reception of prisoners

9

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

(2) Every prisoner must be searched in accordance with rule 92.

(3) The Governor may in the course of, or following, a search under paragraph (2)—

(a) deal with any prohibited article in the possession of the prisoner in accordance with rule 104; and

(b) deliver any medicines and medical appliances in the possession of the prisoner to a healthcare professional.

(4) An officer may—

(a) order that a prisoner must take a shower or a bath; or

(b) on the advice of a healthcare professional, order that a prisoner must not take a shower or bath.

Interview of prisoners on reception

10

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

Information to be given to prisoners on reception

11

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

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

(a) up to two persons; and

(b) a legal adviser,

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

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

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

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

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

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

(6) On reception every prisoner must be provided with information by the Governor concerning the following matters:—

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

(b) the prison routine and regime;

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

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

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

Registration and records of prisoners

12

(1) For any of the purposes specified in paragraph (2), the Governor may take from a prisoner and record—

(a) the prisoner’s biometric data;

(b) the prisoner’s description including any distinctive marks on his or her body;

(d) details of the prisoner’s next of kin or another emergency contact; and

(e) any other personal particulars of the prisoner that are relevant.

(2) The purposes for which the Governor may take and record the particulars specified in paragraph (1) are—

(a) the identification of a prisoner;

(b) the management of a prisoner or prisoners in general;

(d) the prevention, detection and prosecution of crime.

(3) Any photograph or biometric data must be destroyed—

(a) in the case of an untried prisoner, if the prisoner is released before trial or disposal of proceedings or is acquitted after trial and is not further remanded; or

(b) in the case of a prisoner who is the subject of extradition, removal or deportation proceedings, if the prisoner successfully defends those proceedings and is released from custody.

(4) Any biometric data taken from a prisoner, other than a prisoner mentioned in paragraph (3)(a) or (b), must be destroyed no later than 24 months after the prisoner is released from prison.

(5) The Scottish Ministers may specify in a direction the conditions under which information recorded in terms of this rule must be recorded, stored, updated, disclosed and destroyed.

Recording data about a prisoner’s religion, belief or non-belief

13

The Governor must maintain a record of any declaration made by a prisoner in accordance with rule 44A(2) or (3).

Categorisation of prisoners

14

Every prisoner may be categorised by the Governor according to—

(a) age;

(b) gender;

(d) period of sentence or committal;

(e) previous criminal record; and

(f) any other matter which the Governor considers appropriate.

Allocation of prisoners

15

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

(2) Subject to paragraph (1), the Governor may allocate within a prison a particular part of the prison in which a prisoner, or any particular category of prisoners, may be confined having regard to—

(a) the categorisation of a prisoner;

(b) the supervision level of a prisoner; and

(3) A prisoner may request reasons from the Governor as to why the prisoner has been allocated to a particular prison or part of the prison and the Governor must provide those reasons as soon as it is practicable to do so.

Separation of different categories of prisoners

16

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

PART 3 — SUPERVISION LEVELS

Supervision levels

17

(1) Every prisoner must be assigned a supervision level.

(2) The supervision levels which may be assigned to a prisoner—

(a) relate to the amount of supervision the prisoner requires within the prison; and

(b) do not relate to the assessment of the risk that the prisoner may abscond or pose a danger to the public while on temporary release from the prison.

(3) The supervision level which may be assigned to a prisoner is specified in column 1 of the table set out below and the description of each level is set out opposite that level in column 2 of the table—

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

Assignment of supervision levels on reception

18

(1) Subject to paragraph (2) and any direction made by the Scottish Ministers under rule 22, all prisoners, on reception, must be assigned high supervision level.

(2) On reception, a prisoner who is—

(a) transferred under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 where the transfer is—

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

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

(b) transferred under paragraph 2 or 3 of that Schedule,

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

(3) Untried prisoners must be assigned high supervision level at all times.

Assignment of supervision levels on review

19

(1) The supervision level of prisoners, except untried prisoners and those mentioned in rule 18(2), must be reviewed in accordance with the provisions of these Rules—

(a) for all prisoners, within 72 hours of reception;

(b) for prisoners assigned medium or high supervision level on a review under sub‑paragraph (a), within 6 months of that review;

(c) for prisoners assigned medium or high supervision level on a review under subparagraph (b) or any subsequent review, within 12 months of that review; and

(d) for all prisoners, whenever the Governor deems it necessary to do so.

(2) On the review of a prisoner's supervision level under this rule, and subject to paragraph (3) and any direction made by the Scottish Ministers under rule 22, the prisoner must be assigned the appropriate supervision level having regard, so far as applicable, to the following criteria:—

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

(b) the prisoner's previous convictions;

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

(e) the prisoner's conduct in custody;

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

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The entitlement of any prisoner who is assigned low supervision level to participate in supervised or unsupervised activities in the community is subject to the requirements of rule 100 and of Part 15.

Maintaining or lowering a supervision level on review

20

(1) This rule applies to the assignment of supervision levels other than—

(a) the assignment of high supervision level on reception;

(b) the assignment of a supervision level under rule 18(2); or

(2) Following the assignment of a supervision level to which this rule applies, the Governor must inform the prisoner in writing—

(a) in the case of the assignment of a lower supervision level than that previously assigned, of the reasons why the lower supervision level is appropriate; or

(b) in the case of a review which has resulted in no change of supervision level, of the reasons why a lower supervision level is not appropriate.

(3) Following the assignment of a supervision level to which this rule applies, the Governor must, if asked to do so by the prisoner concerned, but subject to rule 27, provide the prisoner with—

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

(b) a summary of any other information of which the Governor was aware and had regard to in reaching the decision.

Assigning certain supervision levels on review

21

(1) This rule applies to the assignment of a prisoner's supervision level in the following circumstances:—

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

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

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

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

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

(2) Prior to the assignment of a supervision level to which this rule applies, the Governor must provide the prisoner with a written notice informing the prisoner of—

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

(b) the reasons for that proposal; and

(c) the procedure by which the prisoner may make written representations in relation to the proposed assignment of the supervision level.

(3) The Governor must, if asked to do so by the prisoner concerned, but subject to rule 27, provide the prisoner with—

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

(b) a summary of any other information of which the Governor was aware and to which he or she has had regard in considering the matter.

(4) The Governor must—

(a) consider any representations made by the prisoner prior to making a decision in relation to the assignment of a supervision level; and

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

Direction with respect to supervision levels

22

The Scottish Ministers may specify in a direction—

(a) the relative importance that is to be given to each of the criteria specified in rule 19(2) in determining the assignment of a supervision level;

(b) the form and content of any document that may be required to be completed by the Governor when assigning, or when reviewing the assignment of, a supervision level under rules 18 and 19;

(c) the procedure in terms of which notices may be provided to a prisoner, and representations may be made, under rule 21;

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

(e) the time limits within which the procedure mentioned in rule 21 may be carried out.

Imposition of special security measures

23

(1) For the purposes of this Part, “special security measures” are measures which are—

(a) separate from and additional to anything that can be done under Part 10; and

(b) specified in a direction by the Scottish Ministers.

(2) Subject to paragraphs (3) to (5) and to rule 24, the Governor may impose special security measures on any prisoner who is assigned high supervision level, where the Governor considers that the imposition of these measures is necessary—

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

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

(3) Prior to imposing special security measures on a prisoner, the Governor must provide the prisoner with a written notice stating—

(a) the measures that are to be imposed;

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

(c) the procedure by which the prisoner may make written representations in relation to the imposition of the special security measures.

(4) The Governor must, if asked to do so by the prisoner concerned, but subject to rule 27, provide the prisoner with—

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

(b) a summary of any other information of which the Governor was aware and to which he or she has had regard in considering the matter.

(5) The Governor must—

(a) consider any representations made by the prisoner prior to imposing special security measures on the prisoner; and

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

Provisional imposition of special security measures

24

(1) The Governor may impose special security measures on a prisoner on a provisional basis without having recourse to the procedure contained in rule 23 where the Governor considers that the immediate provisional imposition of the measures is necessary—

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

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

(2) Special security measures may only be provisionally imposed on a prisoner under paragraph (1) where—

(a) the prisoner is informed in writing of the provisional imposition of the special security measures; and

(b) the procedure contained in rule 23 is commenced within 48 hours of the provisional imposition of the special security measures.

(3) If the Governor decides that the provisional imposition of the special security measures does not require to extend beyond a 48 hour period—

(a) the prisoner must be informed in writing, within 24 hours of the Governor's decision, that the special security measures are no longer provisionally imposed; and

(b) there is no requirement to follow the procedure contained in rule 23.

Reviews of imposition of special security measures

25

(1) Where special security measures are imposed by the Governor under rules 23 or 24, the Governor must—

(a) keep the imposition of those special security measures under review, and

(b) conduct a formal review as to whether the imposition of the special security measures continues to be necessary under rule 23, at least once in every period of 2 months while the special security measures are in force.

(2) If the Governor proposes to continue to impose special security measures on a prisoner, following a review conducted under this rule, the Governor must, prior to ordering the continued imposition of those measures, provide the prisoner with a written notice stating—

(a) the measures that the Governor proposes to continue to impose;

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

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

(3) The Governor must, if asked to do so by the prisoner concerned, but subject to rule 27, provide the prisoner with—

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

(b) a summary of any other information of which the Governor was aware and to which he or she has had regard in considering the matter.

(4) The Governor must—

(a) consider any representations made by the prisoner prior to ordering the continued imposition of special security measures on the prisoner; and

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

Direction with respect to special security measures

26

The Scottish Ministers may make a direction for the purposes of prescribing—

(a) the special security measures for the purposes of this Part;

(b) the procedure in terms of which notices may be provided to a prisoner, and representations may be made, under rules 23 and 25;

(d) the time limits within which the procedure mentioned in rules 23 and 25 may be carried out.

Disclosure of information considered by the Governor under this Part

27

(1) The Governor is not obliged to provide the prisoner with a copy of a document or a summary of information under rules 20(3), 21(3), 23(4) and 25(3) if the Governor is of the opinion that the document or information, if disclosed to the prisoner, would be likely to be damaging on one or more of the following grounds—

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

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

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

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

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

(2) Where a prisoner is not provided with a copy of a document or a summary of information by virtue of paragraph (1), the Governor must inform the prisoner in writing of the gist of that document or information, but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed.

(3) Where a prisoner makes a request to the Governor—

(a) under rule 21(3), prior to the Governor making a decision in relation to the assignment of a supervision level;

(b) under rule 23(4) prior to the Governor making a decision in relation to imposition of special security measures; or

(c) under rule 25(3), prior to the Governor making a decision in relation to the continued imposition of special security measures;

the Governor must comply with the obligations contained in those rules and this rule prior to making his or her decision.

PART 4 — ACCOMMODATION, CLOTHING, HYGIENE AND FOOD

Accommodation of prisoners

28

(1) The Governor may require a prisoner to be accommodated in single accommodation or shared accommodation with other prisoners, subject to paragraphs (2) to (4).

(2) The Governor may require two or more prisoners to share accommodation where—

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

(b) the Governor receives advice from a healthcare professional that shared accommodation is appropriate in order to protect the health of the relevant prisoners or any of them.

(3) The Governor must not require a prisoner to share accommodation if the Governor receives a recommendation from a healthcare professional that, in order to protect the health of any prisoner, the prisoner should not share accommodation with another prisoner.

(4) Before two or more prisoners are required to share accommodation the Governor must consider whether the prisoners are suitable to associate with each other in that accommodation.

(5) Any consideration by the Governor in terms of paragraph (4) must include a risk assessment as to whether, if the prisoners were required to share the accommodation they would be likely to—

(a) cause injury or harm to each other;

(b) cause damage to property; or

Standard of accommodation

29

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

(2) Each cell or room used to accommodate prisoners or any other part of a prison to which prisoners are permitted to have access must be adequately—

(a) lit by natural or artificial light;

(b) heated and ventilated; and

all as necessary for the health and safety of prisoners.

(3) Every prisoner must keep the cell or room in which that prisoner is accommodated in a clean and tidy condition except when excused from doing so by the Governor.

Provision of bedding

30

(1) The Governor must—

(a) provide every prisoner with a separate bed or sleeping plinth;

(b) provide sufficient bedding as necessary for the prisoner's warmth and health; and

(2) A prisoner may request to have only a mattress instead of a bed and the Governor may agree to this.

(3) A prisoner may only have bedding which the Governor has provided under this rule or which the Governor has consented to the prisoner having.

Convicted prisoners wearing their own clothing

31

(1) Where the Governor has granted permission, a convicted prisoner may wear his or her own clothing.

(2) The Governor—

(a) may only grant permission after considering the terms of any direction under paragraph (5), and being satisfied that none of the conditions specified in paragraph (4) apply; and

(b) must detail any times or circumstances in which the permission does or does not apply.

(3) The Governor may withdraw permission at any time if the Governor considers it appropriate to do so.

(4) For the purposes of paragraph (2) the conditions are that—

(a) the Governor considers that the prisoner's clothing—

(i) is in poor condition or too unsanitary to clean;

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

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

(b) the Governor receives advice from a healthcare professional that—

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

(ii) special clothing is required on health grounds;

(d) particular clothing is or may be required for the purposes of legal proceedings.

(5) The Scottish Ministers may make a direction for the purposes of specifying—

(a) the types of clothes that a prisoner may or may not wear;

(b) whether it is appropriate to allow prisoners to wear or be prohibited from wearing their own clothing;

(d) that the matters in sub-paragraphs (a) and (b) apply to parts of a prison, within a particular prison or across a class of prisons.

Untried and civil prisoners wearing their own clothing

32

(1) An untried or civil prisoner may wear his or her own clothing.

(2) Paragraph (1) does not apply if—

(a) the prisoner has received a punishment under rule 114(1)(e); ...

(b) the Governor has ordered the prisoner to wear other appropriate clothing for any of the reasons specified in paragraph (4) or

(c) the Governor has ordered the prisoner to wear other appropriate clothing so as to comply with the terms of a direction made under paragraph (5).

(3) The Governor may revoke any order under paragraph 2(b) when it is appropriate to do so.

(4) For the purposes of paragraph (2)(b) the reasons are that—

(a) the Governor considers that the prisoner's clothing—

(i) is in poor condition or too unsanitary to clean;

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

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

(b) the Governor receives advice from a healthcare professional that—

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

(ii) special clothing is required on health grounds;

(d) particular clothing is or may be required for the purposes of legal proceedings.

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Scottish Ministers may make a direction for the purposes of specifying—

(a) the types of clothes that a prisoner may or may not wear;

(b) whether it is appropriate to allow prisoners to wear or be prohibited from wearing their own clothing;

(d) that the matters in sub-paragraphs (a) and (b) apply to parts of a prison, within a particular prison or across a class of prisons.

Provision of clothing to prisoners

33

(1) The Governor must provide suitable clothing for every prisoner who—

(a) is not permitted to wear their own clothes under these Rules; or

(b) does not possess or have access to any or enough of their own clothes.

(2) Any clothing provided in terms of paragraph (1) must—

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

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

(c) be fit for purpose and, having regard to the circumstances, be suitable for the health and safety of the prisoner; and

(d) be maintained in good repair in accordance with arrangements made by the Governor.

(3) The Governor must ensure that every prisoner has sufficient clothing (whether their own or provided by the Governor) to enable a prisoner—

(a) to have a clean change of socks and underwear everyday; and

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

(4) If the Governor receives advice from a healthcare professional that any article of clothing belonging to, or provided to, a prisoner is unsanitary, the Governor—

(a) may require the prisoner to change out of the article, if applicable;

(b) must provide the prisoner with alternative clean clothing to change into; and

(c) must arrange for the decontamination or disinfection of the relevant article by such process as is necessary unless the article is too unsanitary to clean in which case the article may be disposed of appropriately.

(5) If it is impractical for the Governor to comply with paragraph (3) due to exceptional circumstances pertaining in the prison, or a temporary lack of facilities at the prison, then—

(a) subject to sub-paragraph (b) the Governor must seek to comply with paragraph (3) so far as reasonably practicable; and

(b) where the exceptional circumstances or temporary lack of facilities persist for more than 48 hours, the Scottish Ministers may by direction provide that paragraph (3) applies in relation to prisoners (or categories of prisoners) in that prison subject to such restrictions as the Scottish Ministers consider appropriate but only for a period not exceeding one month.

Personal hygiene

34

(1) The Governor must provide every prisoner with the opportunity to keep clean by providing access at reasonable times to such facilities for washing, bathing and showering as are necessary for health and hygiene in order that a prisoner can bathe or shower—

(a) on a daily basis where adequate arrangements can be made; or

(b) where adequate arrangements cannot be made under sub-paragraph (a), at least every other day.

(2) The Governor must provide suitable towels and toiletries as are necessary for the prisoner's health and hygiene, including—

(a) soap and shampoo;

(b) shaving materials if required; and

(3) An officer may—

(a) order that a prisoner must take a shower or a bath; or

(b) on the advice of a healthcare professional, order that a prisoner must not take a shower or bath for such period as the officer, on the advice of a healthcare professional, considers appropriate.

(4) A prisoner's hair must not be cut without the consent of the prisoner.

Prisoners' food and drink

35

(1) The Governor must—

(a) ensure that every prisoner is provided with wholesome and nutritious food and drink on a daily basis;

(b) ensure that the quantity of food and drink provided to each prisoner is adequate for health and nutrition and is well prepared and well presented;

(c) taste and otherwise check samples of the food and drink prepared for prisoners on a daily basis to ensure its quality and condition; and

(d) ensure that the facilities and conditions under which such food and drink are stored, prepared and served are inspected on a regular basis.

(2) If an officer finds any deficiency as a result of any sampling or inspection, the Governor must remedy that deficiency as soon as reasonably practicable.

(3) The Governor must ensure that every prisoner is provided with food which takes into account, so far as practicable, the prisoner's age, health and religious, cultural, dietary or other requirements.

(4) A prisoner must not receive or possess any food or drink unless—

(a) it has been provided to the prisoner in terms of this rule;

(b) the prisoner was permitted to purchase it within the prison and purchased it in the prison; or

(5) If it is impractical for the Governor to comply with paragraphs (1) or (3) due to exceptional circumstances pertaining in the prison, or a temporary lack of facilities at the prison, then—

(a) subject to sub-paragraph (b) the Governor must seek to comply with paragraphs (1) and (3) so far as reasonably practicable; and

(b) where the exceptional circumstances or temporary lack of facilities persist for more than 48 hours, the Scottish Ministers may by direction provide that paragraphs (1) and (3) apply in relation to prisoners (or categories of prisoners) in that prison subject to such restrictions as the Scottish Ministers consider appropriate but only for a period not exceeding one month.

(6) This rule does not apply to prisons, categories of prisons or parts of prisons specified by the Scottish Ministers in a direction under rule 35B(1) (prisoners’ food and drink: preparation of meals by prisoner for own consumption).

PART 5 — HEALTH AND WELFARE

Smoking

36

(1) Subject to paragraph (3), prisoners may only use a nicotine vapour product in the following areas of a prison—

(a) in a cell or room in which a single prisoner is accommodated;

(b) subject to paragraph (2), in a cell or room in which two or more prisoners are accommodated; or

(2) Prisoners must not use a nicotine vapour product in a cell or room which—

(a) accommodates two or more prisoners; and

(b) has been designated by the Governor, in accordance with any direction given by the Scottish Ministers, as a cell in which nicotine vapour products are not to be used.

(3) Before commencing a check of a cell or a room the Governor may instruct a prisoner that, for a period starting 30 minutes before the check is to proceed and ending when the check is complete, the prisoner must—

(a) not use a nicotine vapour product in the cell or room; and

(b) open any windows or vents in the cell or room.

(4) No person may use a nicotine vapour product in the facilities provided in a prison for mothers and babies.

(5) In this rule, and in paragraph 26 of schedule 1, to “use a nicotine vapour product” means to inhale the vapour from a nicotine vapour product.

Provision of accommodation for healthcare services

37

(1) The Scottish Ministers must make such arrangements as they consider necessary to provide accommodation within every prison for the provision of healthcare services by healthcare professionals.

(2) For the purposes of this rule “accommodation” does not include machinery or equipment used in the provision of healthcare services.

Notification to a healthcare professional of prisoners requiring attention

38

The Governor must, without delay, bring to the attention of a healthcare professional any prisoner whose physical or mental condition appears to require the attention of a healthcare professional.

Arrangements for care by other medical practitioners, specialists or medical facilities outwith prison

39

(1) Where the Governor receives a recommendation from a healthcare professional that the condition of a prisoner’s health requires the prisoner to be—

(a) referred to a medical practitioner or a specialist outwith the prison; or

(b) treated at a medical facility outwith the prison,

the Governor must comply with paragraph (2) or paragraph (3).

(2) The Governor must grant the prisoner a period of unescorted release for health reasons where—

(a) the prisoner is an eligible prisoner for the purposes of rule 134(2); and

(b) the Governor considers that it is appropriate to grant temporary release to the prisoner under rule 135.

(3) The Governor must arrange for the escorted release of the prisoner to the medical practitioner, specialist or medical facility outwith the prison where—

(a) the prisoner is not an eligible prisoner for the purposes of rule 134(2); or

(b) the Governor considers that it is not appropriate to grant temporary release to the prisoner under rule 135.

(4) In this rule “unescorted release for health reasons” has the same meaning as in rule 136.

Recommendations by healthcare professionals

40

Where the Governor receives a recommendation from a healthcare professional that, having regard to a prisoner's health, the prisoner—

(a) should not participate in specified activities;

(b) should participate in specified activities only in accordance with such conditions as the healthcare professional considers necessary; or

the Governor must give effect to that recommendation without delay.

Accommodation in specified conditions

41

(1) The Governor must order that a prisoner be accommodated in specified conditions where a healthcare professional—

(a) advises the Governor that it is appropriate to do so in order to protect the health or welfare of the prisoner or any other prisoners; and

(b) informs the Governor of the care and treatment planned for the prisoner while the prisoner is accommodated in specified conditions.

(2) For the purpose of this rule “specified conditions” include, but are not limited to—

(a) accommodation in a specified part of the prison,

(b) accommodation separate from other prisoners, and

(3) The following conditions apply to an order made under paragraph (1)—

(a) the order must be in writing;

(b) the order must detail the reasons why it is being made;

(c) the order cannot last for more than 72 hours from the time it is made unless an extension has been authorised by the Scottish Ministers in accordance with paragraphs (10) or (11);

(d) the Governor must explain to the prisoner, if it is practicable to do so, the reasons why the order has been made; and

(e) the Governor must provide the prisoner with a copy of the written order.

(4) The Governor may, on the advice of a healthcare professional, allow a prisoner who has been accommodated in specified conditions separate from other prisoners under this rule, to associate with other prisoners—

(a) for the purpose of engaging or taking part in a prescribed activity or a number of prescribed activities; or

(b) in general for a specified period of time each day.

(5) The Governor must keep a written record of every decision made under paragraph (4).

(6) The Governor must revoke an order made under paragraph (1) where the Governor is advised by a healthcare professional that it is appropriate to do so on health or welfare grounds.

(7) An application to the Scottish Minsters to extend an order made under paragraph (1) in accordance with paragraphs (10) or (11) may only be made by the Governor where the Governor is advised by a healthcare professional, prior to the expiry of the order, that it is appropriate to do so on health or welfare grounds and the Governor must make an application under paragraph (10) or (11) as appropriate on the receipt of such advice.

(8) A prisoner is entitled to make representations to the Governor—

(a) where the Governor is of the opinion that it is practicable to do so, prior to an order being made under paragraph (1);

(b) at any time after an order is made under paragraph (1) but before the Governor applies to the Scottish Ministers for an extension to the order under paragraph (10); and

(c) as part of the Governor's application to the Scottish Ministers under paragraphs (10) or (11) to extend an order made under paragraph (1).

(9) Representations made by the prisoner under paragraph (8) must be taken into account by the Governor and must be made in writing—

(a) personally by the prisoner; or

(b) by the prisoner but transcribed by an officer.

(10) The Scottish Minsters may—

(a) on the application of the Governor prior to the expiry of an order made under paragraph (1); and

(b) where they are satisfied that it is appropriate in order to protect the health or welfare of the prisoner or any other prisoners,

grant an extension to an order made under paragraph (1) for a period of no more than one month, to be calculated in accordance with paragraph (12).

(11) The Scottish Ministers may—

(a) on the application of the Governor made prior to the expiry of any extension granted under paragraph (10) or this paragraph; and

(b) where they are satisfied that it is appropriate in order to protect the health or welfare of the prisoner or any other prisoners,

grant any number of further extensions to an order made under paragraph (1) for successive periods of no more than one month, to be calculated in accordance with paragraph (12).

(12) Where an order made by the Governor under paragraph (1) has been extended by the Scottish Ministers under paragraphs (10) or (11), the period of the extension shall run until no later than 23:59 hours on the day falling one month from the expiry of—

(a) the period of 72 hours stated in paragraph (3)(c); or

(b) as the case may be, the previous extension granted by the Scottish Ministers under paragraphs (10) or (11).

(13) Where an order made by the Governor under paragraph (1) has been extended by the Scottish Ministers under paragraph (10) or (11), the Governor must—

(a) inform the prisoner in writing that the order has been extended; and

(b) explain to the prisoner, where it is practicable to do so, the reasons why the order has been extended.

(14) A prisoner subject to an order made under paragraph (1) may only be transferred to another prison where the Governor of the prison from which the prisoner is to be transferred is satisfied that—

(a) a healthcare professional at that prison; and

(b) a healthcare professional at the prison to which the prisoner is to be transferred,

have reached agreement on the continuing care and treatment planned for the prisoner following the transfer.

(15) Where a prisoner is transferred to another prison, any order made under paragraph (1) in relation to the prisoner by the Governor of the prison from which the prisoner is being transferred continues to have effect.

(16) 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 84;

(d) taking exercise or spending time in the open air in terms of rule 87;

(e) recreational activities; or

(f) attendance at any religious service or meeting arranged by the chaplaincy team which the prisoner would otherwise have been entitled to attend in terms of rule 44.

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

42

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

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

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

Prisoners' welfare

43

The Governor must ensure that every prisoner is given reasonable assistance and facilities to maintain and develop relationships with family and friends and with such other persons and agencies outwith the prison as may best offer the prisoner assistance—

(a) during the sentence or period of committal;

(b) in preparation for release from prison other than temporary release; and

PART 6 — RELIGION

Practising religion or belief within prison

44

(1) Subject to the provisions of the Act, these Rules and any direction made under these Rules, every prisoner is entitled to—

(a) observe the requirements and engage in the practices of their religion or belief;

(b) possess religious books, items and materials for their own personal use which are appropriate to their religion or belief;

(d) make a request to the Governor to see, or to speak to, an appropriate member of the chaplaincy team.

(2) The Governor must—

(a) inform every prisoner of the facilities or arrangements which exist or may be made for the purposes of this rule;

(b) provide such literature and other materials as the Governor considers appropriate for the purposes of paragraph (1)(a) and (b); and

(c) as soon as practicable after a request made by a prisoner under paragraph (1)(d), notify the appropriate member of the chaplaincy team of the prisoner's request.

(3) The Governor may prevent a prisoner from attending a religious service or meeting arranged by the chaplaincy team if the Governor considers it is necessary to do so—

(a) for the maintenance of good order and discipline within the prison;

(b) in the interests of the safety of any person within the prison; or

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

(a) the member or prisoner concerned requests otherwise; or

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

PART 7 — PRIVILEGES AND PRISONERS' PERSONAL PROPERTY

Privileges

45

(1) The Governor must establish, a system of privileges for the prisoners detained in the prison.

(2) The system of privileges may contain different provision for—

(a) different categories of prisoners; and

(b) prisoners detained in specific parts of the prison.

(3) A system of privileges established under paragraph (1) may include provision in relation to—

(a) the items of property which the Governor may, in terms of rule 47, allow a prisoner to have in the prisoner's cell or room;

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

(c) the use of recreational and library facilities, or the participation in recreational activities organised by virtue of rule 88;

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

(e) the circumstances in which privileges may be withdrawn from a prisoner other than as a punishment imposed under rule 114(1)(b) for a breach of discipline; and

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

(4) A system of privileges established under paragraph (1) cannot—

(a) prejudice or derogate from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made under these Rules,

(b) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is to be regarded as a privilege granted by virtue of this rule; or

(c) provide that any entitlement or right of a prisoner under these Rules or under a direction made under these Rules, is capable of being forfeited under rule 114(1)(b).

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

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

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

(6) The Governor must give reasons to a prisoner where the Governor takes a decision to—

(a) withdraw any privilege enjoyed by the prisoner; or

(b) refuse to grant to the prisoner a privilege which is enjoyed by any other prisoner.

Prisoners' personal property

46

(1) Subject to paragraph (1A), for the purposes of this rule and rules 47 to 50, a prisoner’s “personal property” comprises all items of property which—

(a) belong to the prisoner and are brought to the prison by the prisoner;

(b) are sent to the prisoner at the prison;

(d) are purchased by the prisoner within the prison.

(1A) For the purposes of this rule and rules 47 to 50, “personal property” does not include—

(a) unauthorised property;

(b) prohibited articles; or

(2) The prisoner's personal property must be—

(a) stored in the prisoner's cell or room in accordance with rule 47;

(b) stored in the prison storage facilities in accordance with rule 48; or

(3) An officer must make a written note in the prisoner's record of all of the prisoner's personal property other than—

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

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

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

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

(b) thereafter, be required to sign it.

Storage of prisoners' personal property in cells or rooms

47

(1) Every prisoner is entitled to keep in their cell or room such items of the prisoner's personal property as may be specified in a direction by the Scottish Ministers.

(2) Without prejudice to paragraph (1), the Governor may refuse to allow a prisoner to have in their possession or to keep in their cell or room any items which the Governor considers to be—

(a) prejudicial to the security or good order of the prison;

(b) prejudicial to the health and safety of any person within the prison; or

(3) Where the Governor refuses to allow a prisoner to store any item of the prisoner's personal property in their cell or room under paragraph (2)—

(a) the Governor must notify the prisoner; and

(b) the property must either—

(i) be stored in the prison storage facilities in accordance with rule 48; or

(ii) where the Governor is entitled, under rule 48(2), to refuse to store the property in the prison storage facilities, be disposed of by the Governor or the prisoner in accordance with rule 49.

(4) The Governor may, where practicable, provide secure lockers within a prisoner's cell or room to enable the prisoner to store medication and personal property.

Storage of prisoners' personal property in prison storage facilities

48

(1) The Governor must make arrangements for the safe storage of the prisoner's personal property within the prison storage facilities, except for—

(a) items which a prisoner is allowed to keep in his or her cell or room;

(b) items which a prisoner is allowed to keep on his or her person; and

(2) The Governor may refuse to store in the prison storage facilities any items which the Governor considers to be—

(a) prejudicial to the security or good order of the prison;

(b) prejudicial to the health and safety of any person within the prison;

(d) in excess of the share of the prison storage facilities that should reasonably be allocated to the prisoner.

(3) Where the Governor refuses to store any items of a prisoner's personal property under paragraph (2)—

(a) the Governor must notify the prisoner; and

(b) the property must be disposed of by the Governor or the prisoner in accordance with rule 49.

Disposal of prisoner's personal property

49

(1) This rule applies to any items of a prisoner's personal property which the Governor has refused—

(a) to allow a prisoner to store in his or her cell or room under rule 47(2); or

(b) to store in the prison storage facilities under rule 48(2).

(2) The prisoner must arrange for the disposal of any item to which this rule applies, his or her own expense, within 2 months of receiving notification from the Governor under rule 47(3) or 48(3).

(3) Where the prisoner fails to make arrangements for the disposal of any item under paragraph (2), the Governor may—

(a) arrange for the disposal or destruction of the item in accordance with the prisoner's wishes;

(b) where the Governor has a return address for the item, return the item to the person who sent it to the prisoner; or

(c) store the item in the prison storage facilities until alternative arrangements can be made for the disposal of the item.

Unclaimed property

50

Any items of a prisoner's personal property may be disposed of by the Governor in any manner the Governor deems appropriate where the items—

(a) are held in the prison storage facilities; and

(b) remain unclaimed by the prisoner for a period of more than 12 months after the prisoner is released from prison other than on temporary release.

Prisoners' money

51

(1) The Governor may specify in relation to any prisoner or any category of prisoner, whether the prisoner or any prisoner in that category—

(a) may have cash in his or her possession; and

(b) if so, the maximum amount of, or the denominations of, cash which the prisoner may possess.

(2) Any other money belonging to a prisoner which—

(a) represents earnings paid by virtue of rule 86; 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 under rule 55(7),

must be paid into an account under the control of the Governor.

(3) Subject to paragraph (4), a prisoner may withdraw money held in an account under paragraph (2) by authorising the Governor to deduct such sums as are required for the purpose of—

(a) making specific payments to persons outwith the prison; or

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

(4) The Governor may specify in relation to any prisoner, or any category of prisoner, the maximum amount which may be withdrawn by that prisoner or that category of prisoners—

(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 must, in respect of each prisoner—

(a) keep a record of all money deposited in an account controlled by the Governor under paragraph (2);

(b) keep a record of all money withdrawn in an account controlled by the Governor under paragraph (2); and

(c) make such arrangements as the Governor considers appropriate for all monies held in an account controlled by the Governor under paragraph (2) to be paid to the prisoner on release from prison other than on temporary release.

(6) Nothing in this rule is to be interpreted as preventing a prisoner from opening or maintaining an account with a bank or a building society but the use of such an account will be subject to the other provisions of these Rules.

Supplies of books, newspapers, etc to prisoners

52

Subject to rules 46 to 50, a prisoner is entitled to arrange, at his or her 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

PRISONERS' CORRESPONDENCE AND OTHER COMMUNICATIONS

Current affairs

53

(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 in order to—

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

(b) prevent the prisoner from injuring others.

Prisoners' correspondence

54

(1) Subject to rules 55 to 57 and 60, a prisoner may send and receive letters and packages by means of the postal service, or otherwise.

(2) Nothing in these Rules gives a prisoner any right to send or receive electronic communications.

Restrictions on other correspondence to and from the prisoner

55

(1) This rule applies to any letter or package, other than one to which rule 56 or 57 applies, which a prisoner wishes to send or which is addressed to a prisoner.

(2) An officer or employee may open a letter or package to which this rule applies and remove , copy and, for the purposes of investigating whether it contains a prohibited article or unauthorised property, test the contents of that letter or package.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, the officer or employee may ask the prisoner to be present when the letter or package is opened or its contents removed.

(3A) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee must provide the copy to the prisoner.

(3B) Where an officer or employee copies the contents of a letter or package to which this rule applies, the officer or employee may retain the letter or package for return to the prisoner upon his or her release.

(4) The contents of a letter or package to which this rule applies may only be read by an officer or employee—

(a) in the circumstances specified in a direction by the Scottish Ministers made under paragraph (7); and

(b) in accordance with any conditions specified in a direction by the Scottish Ministers made under paragraph (7).

(5) Subject to paragraph (6), where a letter or package to which this rule applies is, or is found to contain anything, in contravention of the restrictions specified in a direction by the Scottish Ministers made under paragraph (7), an officer or employee may—

(a) prevent the letter or package, or the contents of the letter or package, from being sent or from being received by the prisoner; and

(b) deal with the letter or package, or the contents of the letter or package, in accordance with such arrangements as may be specified in a direction by the Scottish Ministers made under paragraph (7).

(6) Where a letter or package to which this rule applies is found to contain a prohibited article or any unauthorised property, the Governor must deal with the item in terms of rule 104.

(7) The Scottish Ministers may specify in a direction any of the following matters in relation to letters and packages to which this rule applies—

(a) the circumstances in which a letter or package may be read;

(b) the conditions under which a letter or package may be read;

(d) the restrictions as to the number of letters or packages which a prisoner may send;

(e) the restrictions as to the amount of money (whether in the form of cash, cheques, bankers’ drafts or otherwise) which a prisoner may send or receive in a letter or package;

(f) the times and frequency at which a prisoner may send or receive money (whether in the form of cash, cheques, bankers’ drafts or otherwise) in a letter or package;

(g) the persons, authorities and organisations to whom a prisoner is prohibited from sending a letter or package;

(h) the restrictions or conditions which apply where a prisoner wishes to send a letter or package to a person, authority or organisation with whom the prisoner is not prohibited from corresponding;

(i) the general nature and description of letters or packages which a prisoner is not permitted to send or receive; and

(j) the arrangements in accordance with which a letter or package, or the contents of a letter or package, may be dealt under paragraph (5)(b).

Opening and reading of correspondence from and to courts

56

(1) This rule applies to a letter or package which can be clearly identified, from the outer face of the envelope or packaging, as containing or comprising confidential correspondence.

(2) An officer or employee must not open a letter or package to which this rule applies, or remove the contents of that letter or package, unless—

(a) the officer or employee has cause to believe that it contains a prohibited article or unauthorised property; or

(b) the officer or employee has reasonable cause to believe that the contents of the letter or package may—

(i) endanger the security of the prison;

(ii) endanger the safety of any person; or

(iii) relate to a criminal activity.

(3) Where an officer or employee proposes to open a letter or package to which this rule applies, or remove the contents of that letter or package, under paragraph (2), the officer or employee must—

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