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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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(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—

(a) inform the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for opening the letter or package or removing its contents; and

(b) ensure that the prisoner is present when the letter or package is opened or its contents removed, unless the prisoner refuses, or does not wish, to be present.

(4) The contents of a letter or package to which this rule applies must not be read by an officer or employee unless that officer or employee has—

(a) been authorised by the Governor to do so under paragraph (5); and

(b) informed the prisoner of the reason for reading the contents of the letter or package.

(5) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(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) In this rule—

“confidential correspondence” means court correspondence, legal correspondence, medical correspondence or privileged correspondence;

“court” includes, but is not limited to, the sheriff, the High Court of Justiciary, the Court of Session, the European Court of Justice, the European Court of Human Rights, the International Criminal Court, the Supreme Court, the First-tier Tribunal (Immigration and Asylum Chamber), the Upper Tribunal (Immigration and Asylum Chamber), the Scottish Criminal Cases Review Commission and the Parole Board for Scotland;

“court correspondence” means a letter or package which is—addressed to a court and which a prisoner gives to an officer or employee for the purpose of sending to that court; orsent to a prisoner at the prison by a court;

“legal correspondence” means a letter or package which is—addressed to a legal adviser and which a prisoner gives to an officer or employee for the purpose of sending to that legal adviser; orsent to a prisoner at the prison by a legal adviser;

“medical correspondence” means a letter or package which contains personal health information about a relevant prisoner and is—addressed to a registered medical practitioner and given to an officer or employee by the relevant prisoner for the purpose of sending to that registered medical practitioner; orsent to the relevant prisoner at the prison by a registered medical practitioner;

“privileged correspondence” means a letter or package which is—addressed to a person, authority or organisation specified in a direction made by the Scottish Ministers and which a prisoner gives to an officer or employee for the purpose of sending to that person, authority or organisation; orsent to a prisoner at the prison by a person, authority or organisation specified in a direction made by the Scottish Ministers;

“relevant prisoner” means a prisoner who—is certified as having a life-threatening illness by the registered medical practitioner from whom the prisoner is receiving treatment for that illness; andhas obtained the Governor’s prior consent to communicate with that registered medical practitioner in confidence.

Opening and reading of correspondence from and to legal advisers

57

(1) This rule applies to a letter or package which—

(a) cannot be clearly identified from the outer face of the envelope or packaging as containing or comprising confidential correspondence;

(b) an officer or employee has opened, and removed the contents thereof, under rule 55(2);

(d) the officer or employee subsequently identifies as containing or comprising confidential correspondence.

(2) From the moment that an officer or employee identifies a letter or package to which this rule applies as containing or comprising confidential correspondence, that letter or package must be treated in accordance with paragraphs (3) and (4).

(3) The contents of a letter or package to which this rule applies must not be read by an officer or employee unless that officer or employee has—

(a) been authorised by the Governor to do so under paragraph (4); and

(b) informed the prisoner who wishes to send the letter or package or to whom the letter or package is addressed of the reason for reading the contents of the letter or package.

(4) The Governor may authorise an officer or employee to read the contents of a letter or package to which this rule applies where the Governor has reasonable cause to believe that the contents of the letter or package may—

(a) endanger the security of the prison;

(b) endanger the safety of any person; or

(5) In this rule “confidential correspondence” has the meaning given by rule 56(7).

Opening and reading of correspondence from and to medical practitioners

58

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Privileged correspondence

59

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Requests to prevent communication from a prisoner

60

(1) Any person who does not want to receive any communication from a prisoner may make a request to the Governor to prevent or restrict that prisoner from communicating with that person.

(2) Where the Governor receives a request under paragraph (1), the Governor may take such reasonable steps as the Governor considers appropriate to prevent or restrict communication from that prisoner to that person.

(3) The Scottish Ministers may make provision in a direction made under rules 55(7), 62(10) or 62A(11) in relation to the operation of this Rule.

(4) For the purposes of this Rule, “communication” means—

(a) written correspondence;

(b) calls made from a communal telephone or an in-cell telephone; or

Provision of writing materials and payment of postage

61

(1) Subject to paragraphs (2) and (3) every prisoner must be allowed to send one letter every week, the postage for which must be paid for by the Scottish Ministers, and the Governor must provide the prisoner with the necessary writing materials for this purpose.

(2) The writing materials which must be provided by the Governor under paragraph (1) are as follows—

(a) a ballpoint pen;

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

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

Communication by telephone

62

(1) The entitlement of a prisoner to use a communal telephone or an in-cell telephone under this rule is subject to—

(a) the provisions of rule 60 and this rule; and

(b) the provisions of any direction made under paragraph (10).

(2) A prisoner is entitled to use a communal telephone.

(3) A prisoner is entitled to use an in-cell telephone where—

(a) the Scottish Minsters have authorised the use of in-cell telephones in the prison in a direction made under paragraph (10); and

(b) an in-cell telephone has been installed in the prisoner’s cell or room.

(4) The Governor may impose restrictions as to the times of day during which a prisoner may use a communal telephone or an in-cell telephone.

(5) The Governor may impose different restrictions under paragraph (4) for different purposes including different restrictions for—

(a) different classes of prisoners;

(b) different parts of the prison; and

(6) The Governor may restrict or remove a prisoner’s entitlement to use a communal telephone or an in-cell telephone—

(a) in accordance with rule 60; or

(b) in accordance with any direction made under paragraph (10).

(7) The Governor must place a notice in a communal area of the prison informing prisoners of any restrictions imposed by the Governor under paragraph (4).

(8) The Governor must inform a prisoner in writing of any decision under paragraph (6) to restrict or remove the prisoner’s entitlement to use a communal telephone or an in-cell telephone.

(9) A prisoner must not—

(a) tamper with a communal telephone or an in-cell telephone or cause someone else to tamper with the telephone; or

(b) intentionally damage or destroy a communal telephone or an in-cell telephone or cause someone else so to damage or destroy the telephone.

(10) The Scottish Ministers may specify in a direction—

(a) the prisons in which a prisoner may use an in-cell telephone;

(b) the conditions applicable to the use of a communal telephone or an in-cell telephone by a prisoner;

(c) the circumstances in which, and the grounds on which, a prisoner’s entitlement to use a communal telephone or an in-cell telephone can be restricted or removed by the Governor;

(d) the numbers which a prisoner may, or may not, call on a communal telephone or an in-cell telephone;

(e) the circumstances in which, and the means by which, calls made by a prisoner from a communal telephone or an in-cell telephone are to be logged, monitored and recorded.

(11) The Scottish Ministers may make arrangements whereby prisoners may be required to pay for the cost of calls made from a communal telephone or in-cell telephone.

PRISON VISITS

Visits by persons of a prisoner's choice

63

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

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

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

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

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

(3) Any prisoner who does not use the full allowance of visits calculated in accordance with paragraph (2) within any period of 28 consecutive days shall lose the right to receive the visits that have not been used within that period unless that prisoner has obtained the permission of the Governor to accumulate visits under rule 65.

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

(5) Where a prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer; and

(b) within the hearing of an officer unless the Governor has otherwise authorised.

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

(7) A direction made by the Scottish Ministers in terms of paragraph (6) will only have effect for a period of one month, at the end of which period the circumstances pertaining in, and the facilities available at, the prison in question must be reconsidered by the Scottish Ministers before any further direction is made under paragraph (6).

(8) A prisoner is entitled to receive a visit from a person who is—

(a) a prisoner detained at, or on temporary release from, another prison; or

(b) a prisoner on temporary release from the same prison,

only in exceptional circumstances and where the Governor of the prison, or the Governors of the prisons involved give consent and, in the event that any Governor refuses consent, the prisoners concerned must be informed of the reasons for the refusal.

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

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

64

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

(2) An untried prisoner or a civil prisoner is entitled to receive—

(a) a visit of at least 30 minutes' duration in terms of this rule on any day of the week other than—

(i) a Saturday or Sunday; or

(ii) 1st January or 25th December in any year; and

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

(3) An untried prisoner or a civil prisoner may, at the discretion of the Governor, receive a visit of such duration as the Governor thinks fit on a Saturday or Sunday or on 1st January or 25th December in any year.

(4) For the purposes of this rule—

(a) a visit under paragraphs (2) or (3) may take place during such hours and, subject to the other provisions of this rule, under such conditions as the Governor may specify; and

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

(5) Where an untried prisoner or a civil prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer, and

(b) within the hearing of an officer unless the Governor has otherwise authorised.

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

(7) A direction made by the Scottish Ministers in terms of paragraph (6) will only have effect for a period of one month, at the end of which period the circumstances pertaining in and the facilities available at the prison in question must be reconsidered by the Scottish Ministers before any further direction is made under paragraph (6).

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

Accumulated visits

65

(1) This rule applies to a prisoner who—

(a) is a life prisoner; or

(b) is serving a sentence of imprisonment for a term of more than 14 months and has served at least 6 months of that sentence.

(2) A prisoner to whom this rule applies may apply to the Governor for permission to accumulate visits under paragraph (4) for the purpose of receiving those visits at another prison but may only apply for such permission twice in a period of 12 months.

(3) An application made to the Governor under paragraph (2) must specify—

(a) when the prisoner wishes to start accumulating visits; and

(b) the prison to which the prisoner wishes to transfer for the purpose of receiving those accumulated visits.

(4) A prisoner to whom this rule applies who has obtained the Governor's permission under paragraph (2) may only accumulate visits by receiving none of the visits that the prisoner would otherwise be entitled to receive under rule 63 over a period of six months.

(5) Following approval by the Governor of an application made under paragraph (2), the Governor must contact the Governor of the prison to which the prisoner wishes to be transferred and both Governors must make arrangements for the transfer of the prisoner to that prison at the end of the period of six months specified in paragraph (4).

(6) A prisoner may only be transferred under paragraph (5) to another prison for such period of time as the Governors of the two prisons concerned may agree subject to a maximum period of two months, during which time the prisoner is entitled to receive all of the visits accumulated under paragraph (4).

(7) A prisoner may only be transferred under this rule to a prison which can provide an appropriate regime for the prisoner.

Visits by legal advisers

66

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

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

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

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

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

Visits by procurators fiscal

67

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

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

(a) within the sight of an officer; and

(b) outwith the hearing of any officer unless the prisoner or the visitor requests otherwise.

Visits by police constables

68

(1) Subject to paragraph (2), a ... constable ... may visit or see a prisoner for one or more of the following purposes—

(a) to interview the prisoner, provided the prisoner is willing to be interviewed;

(b) to identify the prisoner;

(2) A ... constable may only visit or see a prisoner under paragraph(1) on production of the written authority of a procurator fiscal or a chief inspector of the Police Service of Scotland.

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

(a) within the sight of an officer; and

(b) outwith the hearing of an officer unless the prisoner or the visitor requests otherwise.

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

69

(1) A prisoner who is a foreign national is entitled to communicate with and, if the representative so wishes, receive a visit at any reasonable time from a diplomatic representative of the prisoner's choice.

(2) A prisoner who is a refugee or stateless person is entitled to communicate with and, if the representative so wishes, receive a visit at any reasonable time from—

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

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

(3) Where a prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer unless either the prisoner or the visitor requests otherwise.

Special visits to certain prisoners in connection with further proceedings

70

(1) This rule applies to any prisoner who—

(a) is an untried prisoner;

(b) is a civil prisoner;

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

(e) is serving a sentence of imprisonment and who is subject to a further charge but only for so long as the proceedings in respect of the further charge are pending against him or her; or

(f) is serving a sentence of imprisonment and who is the respondent in an appeal by the Lord Advocate or the prosecutor under section 108 or 175(3) of the 1995 Act, but only for so long as the proceedings in respect of the appeal are pending against him or her.

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

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

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

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

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

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

(4) Where a prisoner receives a visit in terms of this rule other than a visit by a registered medical practitioner the visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer except where the Governor otherwise directs.

(5) Where a prisoner receives a visit by a registered medical practitioner in terms of this rule the visit must take place—

(a) outwith the sight of an officer unless the medical practitioner requests otherwise; and

(b) outwith the hearing of an officer.

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

71

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

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

(a) within the sight of an officer; and

(b) outwith the hearing of any officer unless the visitor requests otherwise or the Governor requires otherwise for reasons of security.

(3) A member of Parliament, a member of the Scottish Parliament or a representative of the European Parliament may, with the prisoner's consent, use sound recording equipment to record any interview held with the prisoner.

Visits by the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman or Officers on their behalf

72

(1) The following persons may, for the purpose of discharging their public duties, visit a prisoner at any reasonable time with that prisoner's consent—

(a) the Parliamentary Commissioner for Administration or any person authorised to act on his or her behalf; and

(b) the Scottish Public Services Ombudsman, or any person authorised to act on his or her behalf.

(2) A visit to a prisoner by any of the persons mentioned in paragraph (1), may only take place in such area of the prison and under such conditions as the Governor may specify except that such a visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of any officer unless the visitor requests otherwise or the Governor requires otherwise for reasons of security.

(3) The persons mentioned in paragraph (1), may, with the prisoner's consent, use sound recording equipment to record any interview held with the prisoner.

Visits by media representatives

73

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

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

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

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

(3) If the Governor intends to permit a visit to a prisoner for the purposes mentioned in paragraph (1) the Governor must require the visitor, before being admitted to the prison, to give a written undertaking to the effect that the visitor shall not—

(a) begin any interview, take any photographs or conduct any filming or sound recording, except with the express prior consent of both the prisoner and the Governor;

(b) conduct any such interview, take photographs or conduct filming or recording except in accordance with such other conditions as the Governor may specify;

(c) make any payment or gratuity to the prisoner or any other person in relation to the holding of the interview or any material obtained at it;

(d) use any material obtained at the interview, or any photographs, films or recordings so taken, for professional or vocational purposes and in particular for broadcast or use on, or transmission by, any form of electronic medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose; or

(e) use any material obtained at the interview, or any photographs, films or recordings so taken, for professional or vocational purposes and in particular for publication or use in any form of written medium by the person or anyone else except in accordance with the prior written consent of the Governor and subject to and in accordance with such conditions as the Governor may impose.

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

(a) within the sight of an officer; and

(b) within the hearing of an officer.

Visits by members of the Parole Board for Scotland

74

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

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

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

(b) must take place outwith the hearing of any officer unless the prisoner or the visitor otherwise requests.

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

75

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

(2) The persons mentioned in paragraph (1) may, with the consent of the prisoner, use sound recording equipment to record any interview held with the prisoner at the prison.

(3) Where a prisoner receives a visit in terms of this rule the visit must take place—

(a) within the sight of an officer; and

(b) outwith the hearing of an officer unless the prisoner or the visitor otherwise requests.

Visits by persons in connection with disciplinary proceedings

76

(1) This rule applies to visits to a prisoner by a person where—

(a) the prisoner has been charged with a breach of discipline;

(b) the prisoner wishes to call, or is considering whether to call, that person as a witness at the inquiry into the charge; and

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

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

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

(4) Where a prisoner receives a visit in terms of this rule, it must take place—

(a) within the sight of an officer;

(b) outwith the hearing of an officer except where the Governor otherwise directs or the visitor or prisoner otherwise requests; and

Restrictions and conditions applicable to visits under Part 8

77

(1) Where the Governor considers that it is necessary to do so in the interests of security, good order or the prevention of crime, he or she may—

(a) prohibit a prisoner from receiving a visit from any person in particular in terms of this Part; or

(b) terminate a visit to a prisoner which is taking place in terms of this Part.

(2) If, in the case of any visit taking place in terms of rule 73, the Governor considers that the terms of an undertaking given by the visitor under rule 73(3) have been breached or that there has been a contravention of any restrictions or conditions specified in a direction made by virtue of paragraph (3), the Governor may terminate the visit.

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

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

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

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

(d) to prescribe the terms of any written undertaking which may be required to be given pursuant to rule 73(3).

Closed visiting facilities

78

(1) The Governor may, for any reason specified in paragraph (2), order that any visits which a prisoner receives from a member of the chaplaincy team or for the purpose of rules 63 to 76 must be held in closed visiting facilities.

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

(a) there are reasonable grounds for suspecting that the prisoner has previously obtained or is likely in the future to attempt to obtain, from any visitor, any prohibited article or any unauthorised property;

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

(d) the visitor has previously been refused access to the prison; or

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

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

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

(5) For the purposes of this rule, “closed visiting facilities” means visiting facilities with special security features including physical barriers between prisoner and visitor.

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

79

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

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

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

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

PART 9 — WORK, EDUCATION, EARNINGS AND RECREATION

Application of Part 9

80

Subject to rule 85, rules 81 to 84 do not apply to untried and civil prisoners.

Arrangements for work, education and counselling

81

(1) The Governor must obtain reports about a prisoner's particular needs and wishes concerning work and education as soon as practicable after that prisoner is received into prison.

(2) The Governor must, following receipt of the reports referred to in paragraph (1), and in consultation with the prisoner, determine a programme of work, educational activities and counselling for the prisoner with the objectives of improving—

(a) the prospects for the prisoner's successful resettlement in the community; and

(b) the prisoner's morale, attitude and self respect.

Prisoners' work

82

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

(2) No prisoner may be required to work, or to do work which is of a particular class, during any period when they are—

(a) excused from working, or from doing any particular class of work by the Governor, acting on the advice of a healthcare professional, on health grounds;

(b) excused from working, or from doing any particular class of work by the Governor on any other ground;

(d) undertaking counselling provided in terms of rule 84;

(e) undertaking a rehabilitative programme arranged in terms of rule 84; or

(f) undertaking vocational training arranged in terms of rule 84.

(3) A prisoner may only work in the service of another prisoner or of an officer where the Governor has given his or her express authority for such work to be done.

Conditions of work

83

(1) No prisoner is required to work, or take part in an educational class arranged in terms of rule 84 in lieu of work, for more than 40 hours a week (excluding meal breaks).

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

(3) A prisoner who has declared himself or herself to belong to a particular religion or religious denomination is entitled, as far as reasonably practicable—

(a) to take the weekly rest day specified in paragraph (2) on any recognised weekly day of religious observance; and

(b) to be excused from work or from undertaking an educational class or counselling, arranged in terms of rule 84, on such other days in a year as are recognised days of religious observance and are specified in a direction made by the Scottish Ministers.

(4) A prisoner is entitled to work in association with other prisoners except where—

(a) an order has been made under rule 95 removing him or her from association with other prisoners either generally or during any period the prisoner is undertaking work;

(b) the prisoner is subject to cellular confinement imposed under rule 114(1)(d).

Purposeful activities

84

(1) The Governor must provide a range of purposeful activities for prisoners which, so far as reasonably practicable, takes into account—

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

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

(2) “Purposeful activities” include—

(a) work;

(b) education of any kind, including physical education;

(d) vocational training; ...

(e) work placements outside the prison; and

(f) any activity which is intended to assist the prisoner’s reintegration into the community following release.

(3) The Scottish Ministers may, in relation to work placements outside the prison provided under paragraph (2)(e), specify in a direction—

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

(b) the circumstances in which, and the conditions subject to which, such placements may be provided to prisoners; and

(4) In carrying out the duty under paragraph (1) the Governor—

(a) must arrange, so far as reasonably practicable, a programme of educational classes to provide prisoners with an opportunity to pursue their interests and needs; and

(b) may arrange the provision of counselling (including group work activity) which is appropriate to the needs of prisoners.

Work undertaken by untried and civil prisoners

85

(1) An untried prisoner or a civil prisoner is not required to work in prison but may, if the prisoner so chooses and with the agreement of the Governor, undertake work or an educational class or counselling arranged in terms of rule 84.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An untried prisoner or a civil prisoner may only work in the service of another prisoner or of an officer where—

(a) the prisoner consents to do such work; and

(b) the Governor has given his or her express authority for such work to be done.

Earnings

86

(1) Subject to the terms of any direction made by the Scottish Ministers under paragraph(4), a prisoner is entitled to be paid earnings where the prisoner undertakes—

(a) work in terms of rules 82 or 85;

(b) work carried out while on temporary release for work under Part 15 of these Rules;

(d) counselling arranged in terms of rule 84 or 85 which is in lieu of work;

(e) a rehabilitative programme arranged in terms of rule 84 which is in lieu of work; and

(f) vocational training arranged in terms of rule 84 which is in lieu of work.

(2) A prisoner who undertakes any of the activities specified in paragraphs (1)(c), (d), (e) or (f) which is not in lieu of work is not entitled to be paid earnings for that activity.

(3) Subject to the terms of any direction made by the Scottish Ministers under paragraph(4), a prisoner who is excused from working under rule 82(2)(a) or (b) is entitled to be paid an allowance in lieu of earnings.

(4) The Scottish Ministers may specify in a direction—

(a) the conditions under which earnings may be paid to a prisoner under paragraph (1); and

(b) the conditions under which an allowance may be paid to a prisoner under paragraph (3).

Exercise and time in the open air

87

(1) Subject to paragraphs (3) to (8), every prisoner must be given the opportunity to take exercise or, where the weather permits, to spend time in the open air for not less than one hour every day.

(2) Subject to paragraphs (3) to (8), every young offender must, where the weather permits, be given the opportunity on a regular basis to participate in physical recreation, activities and pursuits which are consistent with maintaining good health and physical wellbeing.

(3) Where the Governor receives advice from a healthcare professional that a prisoner or young offender is not fit to participate in any of the activities mentioned in paragraph (1) or (2), the Governor may order that the prisoner or young offender must not participate in the relevant activities.

(4) Where a prisoner or young offender wishes to participate in any of the activities mentioned in paragraphs (1) or (2), he or she must be allowed to do so in association with other prisoners or, as the case may be young offenders, except where—

(a) an order has been made under rule 95 removing him or her from association with other prisoners or, as the case may be young offenders, either generally or during any period he or she is participating in any of the activities mentioned in paragraphs (1) or (2); or

(b) he or she is subject to cellular confinement imposed under rule 114(1)(d).

(5) The Governor may order that the activities specified in paragraphs (1) and (2) be ceased or restricted in any way where the Governor considers it necessary to do so due to exceptional circumstances pertaining in the prison or young offenders institution, or in any other prison or young offenders institution.

(6) An order made by the Governor in terms of paragraph (5) must not take effect for a period longer than 48 hours unless the Scottish Ministers specify in a direction made before the expiry of that period that the order will continue to have effect.

(7) The Scottish Ministers may—

(a) on the application of the Governor made prior to the expiry of any direction made under paragraph (6) or this paragraph; and

(b) where they are satisfied that it is necessary to do so due to exceptional circumstances pertaining in that prison or young offenders institution, or in any other prison or young offenders institution

make any number of further directions continuing the effect of an order made by the Governor under paragraph (5) for successive periods of no more than one month.

(8) A direction made by the Scottish Ministers under paragraphs (6) or (7) may be revoked at any time, following a request by the Governor, by a further direction made by the Scottish Ministers.

(9) An order made in terms of paragraph (5)—

(a) may be directed at all prisoners or young offenders in the prison or young offenders institution or at such groups or categories of prisoners or young offenders as the Governor deems appropriate; and

(b) must specify the reasons why the Governor is making the order and record the date and time it is made.

(10) After making an order under paragraph (5) the Governor must—

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

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

(11) Any direction made by the Scottish Ministers under paragraph (6) or (7) must specify—

(a) the reasons why the Scottish Ministers are making the direction;

(b) the date and time when the direction is made; and

(12) After the Scottish Ministers have made any direction under paragraph (6) or (7), the Governor must take such steps as are practicable to notify prisoners or, as the case may be, young offenders who are subject to the order of the effect of the direction.

Recreation

88

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

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

(3) The extent to which any prisoner or group or category of prisoners may at any time be permitted to use facilities provided, or to participate in recreational activities organised, by virtue of this rule must be determined in accordance with the system of privileges established under rule 45.

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

89

(1) Subject to paragraph (2), no prisoner is permitted to—

(a) carry on any trade, profession or vocation from the prison; or

(b) retain any monies generated from the sale of any items produced by the prisoner either in the course of the prisoner's work in the prison or in the prisoner's spare time.

(2) Nothing in paragraph (1) is to be construed as preventing a prisoner from—

(a) taking such steps as are necessary to protect the value of any interest the prisoner has in any property or business but any such steps must be compatible with these Rules or any direction made under these Rules and the prison regime in general; or

(b) writing articles or books in a professional or vocational capacity which are intended for publication but any such activity must be compatible with these Rules or any direction made under these Rules and the prison regime in general.

PART 10 — SECURITY

SUPERVISION AND CONTROL OF PRISONERS

Supervision of the prison and control of prisoners

90

(1) Subject to the provisions of these Rules, the Governor is responsible for—

(a) the supervision of the whole prison; and

(b) the control of prisoners confined in the prison.

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

Control of prisoners

91

(1) In the control of prisoners, an officer must seek—

(a) to influence behaviour by example and leadership; and

(b) to enlist the willing co-operation of prisoners.

(2) An officer may only use force against a prisoner when it is necessary to do so taking into account all of the circumstances of the situation and the force used must be—

(a) proportionate to the risk posed by the prisoner in that situation; and

(b) no more than necessary for the purposes of that situation.

(3) Where an officer uses force against a prisoner that officer must keep a written record of that use of force.

(4) An officer must not deliberately provoke a prisoner.

Searching of prisoners

92

(1) Every prisoner and his or her property and accommodation may be searched in accordance with this rule.

(2) An officer may conduct a search of a prisoner at any time and this search may involve any number of the following processes—

(a) a search of the prisoner's person including the prisoner's clothing prior to removal of the clothing under sub-paragraph (c);

(b) a search of the prisoner's clothing after removal of the clothing under sub-paragraph (c);

(d) a visual examination of the external parts of the prisoner's body after the removal of the prisoner's clothing;

(e) a visual examination of the prisoner's open mouth but no equipment or force may be used;

(f) a search of any items of property in the prisoner's possession;

(g) a search of the prisoner's cell or room including any items of property found in the cell or room.

(3) Subject to paragraph (3A), where a search is conducted under paragraph (2)—

(a) in the case of a search under paragraph (2)(a), the officer carrying out the search must be of the same gender as the prisoner unless the search is carried out by the use of—

(i) a stationary body scanner under paragraph (5)(c); or

(ii) trained sniffer dogs under paragraph (5)(d);

(b) in the case of a search under paragraph (2)(c) or (d), the officer carrying out the search must be of the same gender as the prisoner and at least one other officer of the same gender as the officer carrying out the search must be present during the search;

(c) in the case of a search under paragraph (2)(c) or (d), the search must be conducted outwith the sight of any other person who is not an officer of the same gender as the officer carrying out the search;

(d) except in the case of a search under paragraph (2)(e), the use of force is permitted where it is necessary and such force must be reasonable and proportionate to the threat or resistance posed by the prisoner; and

(e) the search must be carried out as quickly and decently as possible.

(3A) Where a search is conducted under paragraph (2)(a), (c) or (d), the Governor may require that the officer carrying out the search must be of a different gender to the prisoner where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person, or the security or good order of the prison.

(4) A search conducted under paragraph (2), other than a search carried out under paragraph (2)(d) or (e), may be carried out by hand.

(5) A search conducted under paragraph (2), other than a search carried out under paragraph (2)(c), (d) or (e), may be carried out by—

(a) the use of equipment involving the application of a suction device or a swab on or to the prisoner's clothing, any items of property mentioned in paragraph (2)(f) or (g) or any part of the prisoner's cell in order to collect substances from their surface;

(b) the use of equipment involving the analysis of substances collected under sub‑paragraph (a) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(d) the use of trained sniffer dogs under the control of a trained officer.

(6) Where a search conducted under paragraph (2) involves the use of equipment under paragraph (5)(a), (b) or (c), that equipment must be used in accordance with the manufacturer's instructions.

(7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104.

(8) Nothing in this rule permits the physical examination of the prisoner's body orifices.

(9) For the purposes of this rule, any power to search includes the power to examine.

Compulsory testing for controlled drugs

93

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

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

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

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

(b) that a refusal to provide a sample may lead to disciplinary proceedings being brought against the prisoner under Part 11.

(4) A prisoner who is required to produce a sample under this rule must provide a fresh sample, free from any alteration or falsification.

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

(6) Subject to paragraph (7), a prisoner who is required to provide a sample under this rule may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.

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

(8) When providing a sample of urine—

(a) the prisoner must 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 alteration or falsification of the sample; and

(b) the prisoner must not be required to provide such a sample in the sight of a person of the opposite gender unless the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person, or the security or good order of the prison.

Compulsory testing for alcohol

94

(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 alcohol in his or her 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 of the Act.

(3) When requiring a prisoner to provide a sample, an officer must, 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 under Part 11.

(4) A prisoner who is required to produce a sample under this rule must provide a fresh sample, free from any alteration or falsification.

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

(6) Subject to paragraph (7), a prisoner who is required to provide a sample under this rule may be kept apart from other prisoners for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.

(7) A prisoner who is unable to provide a sample of urine when required to do so under this rule may be kept apart from other prisoners until the required sample has been provided, but not for a period in excess of 5 hours.

(8) When providing a sample of urine—

(a) the prisoner must 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 alteration or falsification of the sample; and

(b) the prisoner must not be required to provide such a sample in the sight of a person of the opposite gender unless the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.

CONFINEMENT AND CUSTODY OF PRISONERS

Removal from association

95

(1) Subject to paragraph (2), the Governor may order in writing that a prisoner must be removed from association with other prisoners, either generally or to prevent participation in a prescribed activity or activities.

(2) An order under paragraph (1) may only be made where the Governor is satisfied that removal from association is appropriate for one of the following purposes—

(a) maintaining good order or discipline;

(b) protecting the interests of any prisoner;

(3) Where the Governor makes an order under paragraph (1) to remove a prisoner from association in order to prevent participation in a prescribed activity, the Governor may list any number of prescribed activities in the order from which a prisoner is to be prevented from taking part.

(4) The Governor must detail in an order under paragraph (1) the following matters—

(a) whether the removal from association is—

(i) in general, or

(ii) in relation to a prescribed activity or activities;

(b) if the removal is in relation to a prescribed activity, the activity to which the order relates or, if the removal is in relation to more than one prescribed activity, the activities to which the order relates; and

(5) An order under paragraph (1) cannot last for more than 72 hours from the time it is made unless an extension has been authorised by the Scottish Ministers in writing in accordance with paragraphs (11) and (12).

(6) Where the Governor considers it appropriate to do so, the Governor may—

(a) revoke the order;

(b) amend the scope of the order from general removal to removal from a prescribed activity or activities;

(d) remove a prescribed activity from those listed in the order if more than one prescribed activity is listed in the order; or

(e) apply to the Scottish Minsters before the expiry of the order, to extend the order in accordance with paragraphs (11) or (12).

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

(8) Where an order is made under paragraph (1), the Governor must explain to the prisoner the reasons why the order has been made, if that is practicable, and provide the prisoner with a copy of the written order.

(9) 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 (11); and

(c) as part of the Governor's application to the Scottish Ministers under paragraphs (11) or (12) to extend an order made under paragraph (1).

(10) Representations made by the prisoner under paragraph (9) must be—

(a) made in writing by the prisoner or

(b) transcribed by an officer, employee or any other person who ordinarily works at the prison but is not employed by the Scottish Ministers on the prisoner's behalf,

and the representations must be taken into account by the Governor.

(11) 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 necessary for one of the purposes in paragraph (2),

grant an extension to an order made under paragraph (1), in writing, for a period of no more than one month, to be calculated in accordance with paragraph (13).

(12) The Scottish Ministers may—

(a) on the application of the Governor made prior to the expiry of any extension granted under paragraph (4) or this paragraph; and

(b) where they are satisfied that it is necessary for one of the purposes in paragraph (2),

grant any number of further extensions to an order made under paragraph (1), in writing, for successive periods of no more than one month, to be calculated in accordance with paragraph (13).

(13) Where an order made by the Governor under paragraph (1) has been extended by the Scottish Ministers under paragraphs (11) or (12), the period of the extension shall run until no later than 2359 hours on the day falling one month from the expiry of—

(a) the period of 72 hours stated in paragraph (5); or

(b) as the case may be, the previous extension granted by the Scottish Ministers under paragraphs (11) or (12).

(14) Where an order made by the Governor under paragraph (1) has been extended by the Scottish Ministers under paragraph (11) or (12), the Governor must inform the prisoner in writing that the order has been so extended and must, where it is practicable to do so, explain to the prisoner the reasons why the order has been extended.

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

(16) Where a prisoner is moved to any other prison, any order made under paragraph (1) in relation to the prisoner by the Governor of the prison from which the prisoner is being moved ceases to have effect but that is without prejudice to the power of the Governor of the prison to which the prisoner is being moved to make a new order under paragraph (1).

(17) 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.

The use of restraints

96

(1) In this rule “restraint” means—

(a) a body belt; or

(b) a back board.

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

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

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

(3) The Governor must consult with, and take into consideration the views of a registered medical practitioner—

(a) where it is practicable to do so, prior to making an order under paragraph (2); or

(b) where it is not practicable to do so prior to making an order under paragraph (2), as soon as reasonably practicable after the order is made.

(4) Where a registered medical practitioner recommends to the Governor that a prisoner should be placed under a restraint in order to prevent self-harm, the Governor must make an order under paragraph (2) that the prisoner be placed under a restraint.

(5) Where a registered medical practitioner recommends to the Governor that—

(a) the prisoner should not be placed under a restraint; or

(b) where the prisoner has been placed under a restraint, the prisoner should be released from the restraint,

the Governor must refrain from making an order under paragraph (2) or, as the case may be, order that the prisoner be released from the restraint immediately.

(6) The following conditions apply to all restraint orders and the enforcement of such orders:—

(a) only persons trained to use a restraint may do so;

(b) the Governor must keep a written record of the particulars of each order made under paragraph (2) including the reasons for making the order;

(d) an officer must monitor the prisoner continuously during the period that the prisoner is placed under a restraint;

(e) a prisoner must not be placed under a restraint for any longer than is necessary;

(f) a prisoner cannot be placed under a restraint for more than 12 hours by virtue of an order under paragraph (2) without the Scottish Ministers' authority;

(g) a restraint must be removed temporarily when it is reasonably necessary to allow the prisoner to use toilet facilities or to consume food or drink;

(h) the Governor must advise a registered medical practitioner as soon as reasonably practicable of any matters relevant to the prisoner's health that come to the Governor's attention during the period that the prisoner is placed under a restraint.

Temporary confinement in a special cell

97

(1) The Governor may order the temporary confinement in a special cell of any prisoner who is behaving in a threatening, abusive or violent manner.

(2) The following conditions apply to all orders made under paragraph (1) and the enforcement of such orders—

(a) the Governor must keep a written record of the particulars of each order made under paragraph (1) including the reasons for making the order;

(b) the Governor must inform a healthcare professional as soon as possible after making an order under paragraph (1) and consider any recommendations made by the healthcare professional;

(d) an officer must visit the prisoner at least once in every 15 minutes during the period that the prisoner is confined in a special cell; and

(e) a prisoner must not be confined in a special cell for any longer than is necessary and, in any event, for no longer than a continuous period of 24 hours.

Temporary confinement in a cell or room

98

(1) Subject to paragraph (2) an officer may order a prisoner to be temporarily confined in a cell or room, other than a special cell, at a time when other prisoners detained in the same part of the prison, or, as the case may be, prisoners at the prison in general, are permitted to be in association.

(2) An officer may only make an order under paragraph (1) if the officer is of the opinion that—

(a) the prisoner is acting in a disobedient or disorderly manner and that temporary confinement—

(i) is appropriate for the purpose of controlling such behaviour; and

(ii) is in the prisoner's best interests; or

(b) by reason of the prisoner's emotional state, it is in the interests of the prisoner, or any other prisoner, that the prisoner is temporarily confined to a cell or room.

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

(4) As soon as reasonably practicable after making an order under paragraph (1), an officer must inform a supervising officer of that fact in writing.

(5) If the officer concerned is of the opinion that a prisoner who has been confined to a cell or room by virtue of paragraph (1) is acting in a disobedient or disorderly manner at the expiry of the period permitted by paragraph (3), the officer must, as soon as reasonably practicable, report any suspected breach of discipline in accordance with rule 111.

Custody outside prison

99

(1) Where a prisoner is taken in legal custody to any place outside a prison, the prisoner—

(a) must be kept in the custody and under the control of an officer or constable;

(b) must not be exposed to public view so far as it is reasonably practicable; and

(2) A prisoner must wear his or her own clothing or ordinary civilian clothing provided by the Governor when required to attend court and may wear such clothing at other times outside the prison unless otherwise ordered by the Governor.

(3) For the purposes of special escorted leave, paragraph (1)(b) does not apply in the circumstances specified by the Scottish Ministers in a direction made under rule 100(5).

Special escorted leave

100

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

(2) On the application of an eligible prisoner and subject to any direction made by the Scottish Ministers under paragraph (5), the Governor may grant special escorted leave to an eligible prisoner if the Governor is of the opinion that it is appropriate to do so.

(3) In considering whether it is appropriate to grant special escorted leave to an eligible prisoner under this rule, the Governor must assess the risk that the prisoner may escape or pose a danger to the public.

(3A) On any grant of special escorted leave, the Governor may impose—

(a) such conditions as the Governor considers appropriate from the conditions specified in a direction made under paragraph (5); and

(b) such further conditions as the Governor considers appropriate having regard to the individual circumstances of the prisoner.

(4) For the purposes of this rule, “eligible prisoner” means—

(a) a person who is serving a sentence of imprisonment,

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

(5) For the purposes of special escorted leave 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 must consider an application for special escorted leave;

(d) the conditions or types of conditions which may be imposed by the Governor on any grant of special escorted leave;

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

(f) the circumstances in which rule 99(1)(b) does not apply to special escorted leave.

Escorted day absence

101

(1) In this rule, “escorted day absence” means a 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 and subject to any direction made by the Scottish Ministers under paragraph (4), the Governor may grant 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 must be escorted by an officer or officers throughout the period of absence from the prison.

(4) For the purposes of escorted day absence the Scottish Ministers may specify in a direction—

(a) the criteria about which the Governor must be satisfied before granting escorted day absence;

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

SEIZURE AND CONTROL OF PROPERTY

Prohibited articles

102

(1) A prisoner must not—

(a) possess a prohibited article;

(b) conceal or deposit a prohibited article anywhere within a prison.

(2) Subject to paragraph (3), it is prohibited for any person to—

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

(b) throw or otherwise convey a prohibited article into a prison;

(c) conceal or deposit a prohibited article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner.

(3) A prisoner may be allowed to receive controlled drugs which are prescribed to him or her by written order of a healthcare professional in the course of his or her professional duties and where the written order specifies—

(a) the name of the prisoner for whose use the drugs are intended; and

(b) the quantity and description of the drugs.

(4) Any conduct which is in breach of this rule may—

(a) where the conduct has been committed by a prisoner, lead to disciplinary proceedings being brought against the prisoner under Part 11; and

(b) where the conduct has been committed by a visitor, lead to that person being removed from the prison under rule 107.

Unauthorised property

103

(1) A prisoner must not—

(a) possess; or

(b) conceal or deposit anywhere within a prison,

any unauthorised property.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to paragraph (4), it is prohibited for any person to—

(a) convey any item to a prisoner either inside or outside the prison;

(b) convey or throw any item into a prison;

(d) conceal or deposit any item in any place intending it to come into the possession of a prisoner.

(4) Paragraph (3) does not apply to any item which—

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

(b) the Governor has granted permission for a person to—

(i) give to the prisoner either inside or outside the prison,

(ii) bring or convey into the prison, or

(iii) deposit in the prison.

(5) Any conduct which is in breach of this rule may—

(a) where the conduct has been committed by a prisoner, lead to disciplinary proceedings being brought against the prisoner under Part 11; and

(b) where the conduct has been committed by a visitor, lead to that person being removed from the prison under rule 107.

Seizure and treatment of prohibited articles and unauthorised property

104

(1) Any item found—

(a) in the possession of a prisoner or any other person in the prison; or

(b) anywhere else in the prison,

may be seized by the Governor where the Governor has reasonable cause to believe that the item is a prohibited article or unauthorised property.

(2) Subject to the following paragraphs any item that is seized under paragraph (1) may be retained by the Governor for no longer than is necessary to establish whether the item is a prohibited article or unauthorised property.

(3) Where the Governor is satisfied that an item seized under paragraph (1) is not a prohibited article or unauthorised property, the Governor must—

(a) return the item to its owner;

(b) where nobody claims ownership of the item upon reasonable enquiries being made by the Governor, return the item to the person from whom it was seized; or

(c) where nobody claims ownership of the item and the item was not found in the possession of any person in the prison, dispose of or destroy the item by any appropriate means.

(4) Where the Governor is satisfied that an item seized under paragraph (1) is a prohibited article the Governor may deal with the item as appropriate subject to—

(a) any powers of seizure exercisable by the police; and

(b) paragraph (5).

(5) Where the Governor is satisfied that an item seized under paragraph (1) is a personal communication device, the Governor may deal with that personal communication device as follows:—

(a) where the personal communication device is seized from a prisoner it may be retained in order to be returned to the prisoner upon his or her release;

(b) where the personal communication device is seized from any other person in the prison it may be retained in order to be returned to that person upon his or her departure from the prison;

(c) where the personal communication device is seized and nobody claims ownership of it, upon reasonable enquiries being made by the Governor, it may be disposed of or destroyed by any appropriate means.

(6) Where the Governor is satisfied that an item seized under paragraph (1) comprises unauthorised property the Governor may deal with the item in any of the following ways—

(a) where the item is seized from a prisoner it may be retained in order to be returned to the prisoner upon his or her release;

(b) where the item is seized from any other person in the prison it may be retained in order to be returned to that person upon his or her departure from the prison;

SUPERVISION AND CONTROL OF VISITORS

Admission of visitors

105

(1) Any person seeking access to the prison as a visitor for any purpose must, on the request of an officer—

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

(b) produce a valid form of identification if so required by an officer;

(c) deposit for the duration of the visit any article in the visitor's possession which the officer considers may be prejudicial to the security and good order of the prison or to the safety of any person.

(2) Where a person seeks access to the prison as a visitor for any purpose, an officer may request the visitor's consent—

(a) to have the visitor's photo taken; and

(b) to have that photo retained on a database under the control of the Governor.

(3) Where a visitor consents to have their photo taken and retained in accordance with paragraph (2), that photo shall be retained by the Governor—

(a) only for the purposes of prison order and security, the prevention and detection of crime and the safety of any person within the prison;

(b) in accordance with such conditions as may be prescribed in a direction by the Scottish Ministers;

(c) where the visitor is visiting a prisoner, until the prisoner whom the visitor is seeking to visit has been released from prison whereupon it must be destroyed; and

(d) where the visitor is not visiting a prisoner, for a maximum period of six months, upon the expiry of which it must be destroyed.

(4) An officer may refuse access to the prison to any person seeking access as a visitor where the officer is satisfied that—

(a) the person has failed to comply with paragraph (1);

(b) the person does not satisfy the officer as to his or her identity;

(d) the person refuses to consent to a search for the purposes of rule 106 or is obstructive in the course of such a search;

(e) the person has possession of a prohibited article or any unauthorised property relative to the prisoner being visited;

(f) the officer has reasonable grounds for suspecting that the person may attempt to breach rule 102 or 103; or

(g) it is necessary to refuse the person access to the prison in the interests of the security and order of the prison or the safety of any person within the prison.

(5) Where an officer refuses access to the prison to any person under paragraph (4), the officer must keep a written record of the particulars of that decision including the reasons for taking the decision.

(6) A person to whom rule 73 applies who seeks to enter the prison for the purposes of a visit as mentioned in that rule must, immediately on arrival, inform an officer of that fact.

(7) The Governor must ensure that visitors are made aware of the effect of—

(a) this rule and rules 106 and 107;

(b) section 41 of the Act; and

(8) A visitor must not smoke on any part of the prison premises.

(9) In this rule, and in rules 106 and 107, “visitor” does not include—

(a) an officer or employee;

(b) a healthcare professional; or

Searching of visitors

106

(1) An officer may request a visitor to consent to a search which may involve any number of the following processes—

(a) a search of the visitor's person;

(b) a search of the visitor's clothing;

(d) a search of any items of property in the visitor's possession;

(e) where the visitor is in charge of any vehicle which they intend to take into any restricted area of the prison, a search of that vehicle and any items of property found in that vehicle.

(2) Where the visitor has given his or her consent to be searched following a request made under paragraph (1), the officer may conduct a search of the visitor—

(a) prior to the visitor's admission to the prison;

(b) at any time whilst the visitor is in the prison where the Governor considers that—

(i) the visitor has failed to comply with rule 105(6);

(ii) in the case of any visit taking place in terms of rule 73, the terms of an undertaking given for the purposes of rule 73(3), have been breached;

(iii) there has been a contravention of any restrictions or conditions specified in a direction made under rule 77(3); or

(iv) the visitor may have in his or her possession a prohibited article or any unauthorised property in relation to the prisoner being visited; and

(i) prior to the vehicle entering any restricted area of the prison; and

(ii) prior to the vehicle leaving any restricted area of the prison.

(3) Subject to paragraph (3A), where a search is conducted under this rule—

(a) in the case of a search mentioned in paragraph (1)(a) or (b) the officer conducting the search must be of the same gender as the visitor unless the search is carried out by the use of—

(i) a stationary body scanner under paragraph (5)(d); or

(ii) trained sniffer dogs under paragraph (5)(e);

(b) the search must be conducted as quickly and decently as possible; and

(3A) Where a search is conducted under paragraph (1)(a) or (b), the Governor may require that the officer conducting the search must be of a different gender to the visitor where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person, or the security or good order of the prison.

(4) A visitor who is being searched under this rule cannot be required to remove, and a search under this rule must not involve the removal of, any clothing other than an outer coat, jacket, headgear, gloves and footwear.

(5) A search conducted under paragraph (1), other than a search carried out under paragraph (1)(c), may be carried out by—

(a) hand;

(b) the use of equipment involving the application of a suction device or a swab on or to the visitor's clothing, any items of property mentioned in paragraph (1)(d) or (e), or any vehicle mentioned in paragraph (1)(e) in order to collect substances from their surface;

(c) the use of equipment involving the analysis of substances collected under sub‑paragraph (b) for the purpose of ascertaining whether any of them consists of a controlled drug or an explosive substance;

(d) the use of equipment designed to detect the existence of metal objects or prohibited articles; and

(e) the use of trained sniffer dogs under the control of a trained officer.

(6) Where a search conducted under this rule involves the use of equipment under paragraph (5)(b), (c) or (d), that equipment must be used in accordance with the manufacturers instructions.

(7) Where an officer finds any prohibited article in the course of a search conducted under this rule, he or she may seize that article and deal with it in accordance with rule 104.

(8) Subject to paragraph (8A), where a visitor is searched by an officer under section 41(2A) of the Act —

(a) an officer of the same gender as the visitor must conduct the search and another officer of the same gender as the officer conducting the search must be present during the search;

(b) subject to sub-paragraph (c), the search must be conducted outwith the sight of any person who is not an officer;

(d) the search must be conducted as quickly and decently as possible; and

(e) if it is necessary to use reasonable force under section 41(2B)(d) of the Act , the force used must be proportionate to the threat or resistance posed by the visitor.

(8A) Where a visitor is searched by an officer under section 41(2A) of the Act, the Governor may require that an officer of a different gender to the visitor must conduct the search where the Governor considers that it is necessary to do so for the purpose of protecting the health, welfare or safety of any person or the security or good order of the prison.

(9) For the purposes of this rule—

(a) any power to search includes the power to examine; and

(b) a “restricted area of the prison” means any area of the prison to which access is controlled but does not include car parks provided for the use of visitors, persons providing contracted out services, healthcare professionals, officers or employees.

Removal of visitors

107

(1) An officer may terminate a visit and remove a visitor from the prison where—

(a) the officer has reasonable grounds for suspecting that the visitor—

(i) has in his or her possession any prohibited article or unauthorised property relative to the prisoner being visited;

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