Prisons (Scotland) Act 1989

[^key-b3a88427a70427fee42c70eae431f341]: Words in s. 14(4) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-4635a6738a31f376699282da32967ca5]: Words in s. 14(5) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 7 para. 8(d); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-77b667e2a8fc85d48e81e9030bb1482c]: S. 14(7) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), Sch. 8 Pt. 1; S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

[^key-bab3ebca3e105466e760776c70c845cf]: S. 6A inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(2) (with art. 5)

[^key-ff95fe0a9dd5f7b91024fd1fa0c9ee4f]: Ss. 7A-7G inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(4) (with art. 5)

[^key-13b8ae3a473da21dfd8b7a198071b7b4]: S. 7(2)-(9) substituted for (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(3) (with art. 5)

[^key-5a40abea2d75448ad6315ea2e8c285a7]: S. 19(3) repealed (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(8)(a) (with art. 5)

[^key-1f30895e5ac2ee570945fa6a78db75ca]: S. 19(4)-(6) substituted for s. 19(4) (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(8)(b) (with art. 5)

[^key-eb000cca81f3eceb5fe055cc61ed1ada]: S. 8 repealed (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(5) (with art. 5)

[^key-d2b92e8e70ddcb421ab15f63a6701c78]: Word in s. 14(8) substituted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(6) (with art. 5)

[^key-e23dfe2680e7c050f27c296e1ad6d33d]: Words in s. 15(3) substituted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(7)(a) (with art. 5)

[^key-5a80941c961e637d4cb22bec394d2392]: Words in s. 15(3) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(7)(b) (with art. 5)

[^key-d441983ea69072e37cb2b8e9a6dd95b4]: Words in s. 34 substituted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(9) (with art. 5)

[^key-ad5e44b8db7c4470eeb0192a8d09c880]: Words in s. 42(2) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(10) (with art. 5)

[^key-2f7d51badbebaa2f8ef4d3d1b984bbcf]: Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(a) (with art. 5)

[^key-0bb73d1c749e132a04da4c3eafa41183]: Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(b) (with art. 5)

[^key-ff0b52870d4d9d4c591638a2862c296d]: Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(c) (with art. 5)

[^key-3729a7ced4aac6b5dac2b77dcf68601e]: Words in s. 43(1) inserted (31.8.2015) by The Public Services Reform (Inspection and Monitoring of Prisons) (Scotland) Order 2015 (S.S.I. 2015/39), arts. 1, 2(11)(d) (with art. 5)

[^key-1cd52ba91c7cce386ac2eb7b4582c850]: Words in s. 15(1) inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), art. 1, sch. para. 2(2)

[^key-5283de283f2669d6777262bba018e382]: Words in s. 15(2) inserted (1.4.2016) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions) Order 2016 (S.S.I. 2016/142), art. 1, sch. para. 2(3)

[^key-68cb6e953a43dbc5da0efa7c11e16848]: Ss. 32A-32D and cross-heading inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 59(2), 63(2); S.S.I. 2019/309, reg. 2, sch. (with reg. 4)

[^key-791a6223ef8672cf79724447e1f0b328]: S. 40 title substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(2), 63(2); S.S.I. 2019/309, reg. 2, sch.

[^key-9b3552b5ab20ef07bc6915526cf95557]: Words in s. 39(6) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 55(2), 63(2); S.S.I. 2019/309, reg. 2, sch.

[^key-f99bf986ef54f4c49a576c26e8bbd5f4]: Words in s. 40(1) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(2)(a), 63(2); S.S.I. 2019/309, reg. 2, sch.

[^key-6f14862be71e379253b32b5fb354b482]: Word in s. 40(4) substituted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(2)(b), 63(2); S.S.I. 2019/309, reg. 2, sch.

[^key-dff88f6861a7cf76b9c4d9ac153f5188]: Words in s. 40A(1) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(3)(a), 63(2); S.S.I. 2019/309, reg. 2, sch.

[^key-b2fb877777bd7b052909d83f32829876]: S. 40A(1A) inserted (11.10.2019) by Management of Offenders (Scotland) Act 2019 (asp 14), ss. 60(3)(b), 63(2); S.S.I. 2019/309, reg. 2, sch.

[^key-38f8a031b904da667897175dfef211dd]: Words in s. 39(7B) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 51(2)(a)

[^key-3d85aeb1de7755e8d1ea55d666dbf434]: Word in s. 39(7B) substituted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 51(2)(b)

[^key-247a21db1f5e8b5f6c4d2710449aac35]: Word in s. 40(3)(a) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 51(3)

Unlawful disclosure of information by medical officer.

Expenses.

Place of confinement of prisoners.

Warrants for arrest of escaped prisoners.

Powers of search by authorised employees.

Testing prisoners for drugs.

Testing of prisoners for alcohol.

Unlawful disclosure of information by medical officer.

Expenses.

Temporary detention of persons liable to detention in young offenders institution or remand centre.

Temporary detention of persons liable to detention in young offenders institution or remand centre.

Notification of and inquiry into death of prisoner.

Warrants for arrest of escaped prisoners.

Warrants for arrest of escaped prisoners.

Unlawful introduction of tobacco, etc., into prison.

Unlawful introduction of tobacco, etc., into prison.

Powers of search by authorised employees.

Testing prisoners for drugs.

Testing of prisoners for alcohol.

Unlawful disclosure of information by medical officer.

41ZA

• (1) A person commits an offence if, knowing another person to be a prisoner, the person gives a personal communication device to the prisoner while the prisoner is inside a prison.

• (2) A person commits an offence if, by means of a personal communication device, the person—

• (a) transmits, from inside a prison, a communication of any kind, or

• (b) intentionally receives, when inside a prison, a communication of any kind.

• (3) A person commits an offence if, while inside a prison, the person is in possession of a personal communication device.

• (4) A person who commits an offence under subsections (1) to (3) is liable to the penalties set out in subsection (5).

• (5) The penalties are—

• (a) on conviction on indictment, to imprisonment for a period not exceeding 2 years or to a fine (or to both),

• (b) on summary conviction, to imprisonment for a period not exceeding 12 months or to a fine not exceeding the statutory maximum (or to both).

• (6) In this section, “personal communication device” is to be construed in accordance with section 41(9B).

41ZB

• (1) No offence—

• (a) under section 41, where the proscribed article falls within paragraph (a) of subsection (9A) (whether or not also within paragraph (f) of that subsection), or

• (b) under section 41ZA(1) to (3),

is committed by a person where subsection (2) applies.

• (2) This subsection applies—

• (a) if (and in so far as) the act which constitutes the offence is done by the person at or in relation to a designated area at the prison, or

• (b) if (and in so far as) the person is acting in circumstances to which an authorisation under subsection (8) applies.

• (3) No offence—

• (a) under section 41, where the proscribed article falls within paragraph (a) of subsection (9A) (whether or not also within paragraph (f) of that subsection), or

• (b) under section 41ZA(2) or (3),

is committed by a prison officer (or other prison official) where subsection (4) applies.

• (4) This subsection applies—

• (a) if the device is one supplied to the person specifically for use in the course of the person's official duties at the prison, or

• (b) if (and in so far as) the person is acting in accordance with those duties.

• (5) No offence under section 41ZA(3) is committed by a person other than a prisoner if in the circumstances there is a reasonable excuse for the possession.

• (6) The defences mentioned in subsection (7) apply in any proceedings for an offence under—

• (a) section 41(1), where the proscribed article falls within paragraph (a) of subsection (9A) (whether or not also within paragraph (f) of that subsection), or

• (b) section 41ZA(1) to (3).

• (7) In relation to such an offence, it is a defence for the accused person to show that—

• (a) the person reasonably believed that the person was acting in circumstances to which an authorisation under subsection (8) applied (even though no such authorisation did apply), or

• (b) in the circumstances there was an overriding public interest which justified the person's actions.

• (8) An authorisation under this subsection is a written authorisation that is given—

• (a) in favour of any person specified in the authorisation (or person of a specified description),

• (b) for a specified purpose, and

• (c) by—

• (i) the governor or director of a prison in relation to activities at that prison, or

• (ii) the Scottish Ministers in relation to activities at any specified prison.

• (9) A designated area referred to in subsection (2)(a) is any part of the prison, used solely or principally for an administrative or similar purpose, that is specified as such by a written designation given under this paragraph by the governor or director of the prison.

• (10) Prison officers (or other prison officials) who are Crown servants or agents do not benefit from Crown immunity in relation to an offence under—

• (a) section 41, where the proscribed article falls within paragraph (a) of subsection (9A) of that section (whether or not also within paragraph (f) of that subsection), or

• (b) section 41ZA.

Exercise of power to make rules, etc.

Expenses.

6A

The provisions of sections 7 to 7G are in pursuance of the objective of OPCAT, that is, the objective of establishing a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

7A

• (1) There are to be three (or such higher number as the Scottish Ministers determine) prison monitoring co-ordinators.

• (2) It is for the Scottish Ministers to appoint prison monitoring co-ordinators.

• (3) The Scottish Ministers must consult the Chief Inspector before—

• (a) making a determination under subsection (1), or

• (b) making an appointment under subsection (2).

• (4) The Scottish Ministers may prescribe in regulations the procedures which must be complied with in making appointments under subsection (2).

• (5) Regulations under subsection (4) may in particular make provision for or in connection with—

• (a) persons or organisations who must be consulted, in addition to the Chief Inspector, prior to appointments being made,

• (b) terms and conditions of appointment,

• (c) periods of appointment, and

• (d) termination of appointments.

• (6) The Chief Inspector must assign prison monitoring co-ordinators to prisons so that each prison has an assigned prison monitoring co-ordinator.

• (7) A prison monitoring co-ordinator may be assigned to—

• (a) prisons within a particular area,

• (b) particular prisons, or

• (c) all prisons.

7B

• (1) The function of a prison monitoring co-ordinator is to ensure the effective monitoring of each prison to which the prison monitoring co-ordinator is assigned.

• (2) In pursuance of that function, a prison monitoring co-ordinator must—

• (a) appoint independent prison monitors in such numbers as the Chief Inspector considers appropriate,

• (b) assign each independent prison monitor to a prison to which the prison monitoring co-ordinator is assigned,

• (c) arrange for each independent prison monitor to visit the prison—

• (i) in accordance with a rota of visits prepared by the prison monitoring co-ordinator and agreed between the prison monitoring co-ordinator, the independent prison monitors assigned to the prison and the governor of the prison, and

• (ii) at such other times, without appointment with the governor of the prison, as may be agreed between the prison monitoring co-ordinator and the independent prison monitor,

• (d) arrange for specific matters in relation to a prison, which have been referred to the prison monitoring co-ordinator by the Chief Inspector, to be investigated by one or more independent prison monitors assigned to the prison,

• (e) provide such support to independent prison monitors appointed by the prison monitoring co-ordinator as the prison monitoring co-ordinator considers appropriate to assist those independent prison monitors in carrying out their duties under section 7D,

• (f) arrange such training for independent prison monitors appointed by the prison monitoring co-ordinator as the prison monitoring co-ordinator considers appropriate,

• (g) arrange a meeting with independent prison monitors assigned to a prison at least once every six months at which no fewer than two thirds of all independent prison monitors assigned to that prison must be in attendance,

• (h) evaluate the performance of each independent prison monitor appointed by the prison monitoring co-ordinator,

• (i) visit each prison to which the prison monitoring co-ordinator is assigned as instructed by the Chief Inspector, and

• (j) maintain a record of the date and time of each visit to a prison in accordance with paragraph (i) and the matters considered during each visit.

• (3) The rota prepared by the prison monitoring co-ordinator under subsection (2)(c)—

• (a) must provide for at least one independent prison monitor to visit the prison at least once every week, and

• (b) may provide for independent prison monitors to visit the prison in groups or individually.

• (4) In exercising the prison monitoring co-ordinator’s functions, the prison monitoring co-ordinator must—

• (a) comply with any instructions issued by the Chief Inspector under section 7(2)(e), and

• (b) have regard to any guidance published by the Chief Inspector under section 7(2)(f).

• (5) For the purpose of exercising any of the prison monitoring co-ordinator’s functions, a prison monitoring co-ordinator may, without prior notice—

• (a) visit any prison, and access any part of a prison, to which the prison monitoring co-ordinator is assigned,

• (b) speak in private with any independent prison monitor, prisoner, visitor, prison officer or other person working at the prison, who agrees to speak to the prison monitoring co-ordinator, or

• (c) examine any prison records, other than—

• (i) personnel records, or

• (ii) any documents containing information, the disclosure of which would, in the opinion of the governor of the prison, have implications for the security of the prison.

• (6) A prison monitoring co-ordinator must report to the Chief Inspector—

• (a) in relation to any specific matters investigated by independent prison monitors in pursuance of arrangements made by the prison monitoring co-ordinator under subsection (2)(d),

• (b) annually in relation to—

• (i) the monitoring of each prison to which the prison monitoring co-ordinator is assigned, and

• (ii) the conditions, and the treatment of prisoners, in each prison to which the prison monitoring co-ordinator is assigned, and

• (c) otherwise in relation to such matters as the Chief Inspector may require.

• (7) In relation to a report made under subsection (6)(b)—

• (a) the report is to be in such form and made by such date as the Chief Inspector may direct, and

• (b) different forms and different dates may be directed in relation to reports made under subsection (6)(b)(i) and (ii).

• (8) A prison monitoring co-ordinator may notify the governor of a prison to which the prison monitoring co-ordinator is assigned, and the Chief Inspector, of any matter relating to the prison, or prisoners detained in the prison, which the prison monitoring co-ordinator considers appropriate.

• (9) The Scottish Ministers are to pay prison monitoring co-ordinators such salary and allowances as the Scottish Ministers consider appropriate.

7C

• (1) Subject to subsections (2) and (3), independent prison monitors are to be appointed on such terms and conditions as the Chief Inspector may determine.

• (2) A person who has been appointed as an independent prison monitor may be re-appointed for further periods.

• (3) A person may not be an independent prison monitor for a period (whether or not consecutive) of more than 9 years.

7D

• (1) An independent prison monitor must, in relation to the prison to which the independent prison monitor is assigned—

• (a) visit the prison in accordance with arrangements made under section 7B(2)(c),

• (b) monitor the conditions in the prison and the treatment of prisoners,

• (c) monitor the arrangements operated by the prison for the temporary release of prisoners in accordance with rules made under section 39,

• (d) investigate specific matters which have been referred to the independent prison monitor by the prison monitoring co-ordinator,

• (e) notify the governor of the prison and the prison monitoring co-ordinator of any matters relating to the conditions in the prison or the treatment of prisoners which the independent prison monitor considers appropriate,

• (f) where, in the opinion of the independent prison monitor, a matter notified to the governor of the prison under paragraph (e) has not been remedied to the satisfaction of the independent prison monitor, inform the governor and the prison monitoring co-ordinator, and

• (g) maintain a record of the date and time of each visit to the prison and the matters considered during each visit.

• (2) Without prejudice to the duty in subsection (1)(a), an independent prison monitor may also visit the prison without prior notice at such times as the independent prison monitor considers necessary.

• (3) An independent prison monitor may investigate any matter referred to the independent prison monitor by a prisoner.

• (4) Rules made under section 39 may make provision for assistance to be provided by independent prison monitors to prisoners in any complaints process provided for under those rules.

• (5) In exercising the independent prison monitor’s functions, an independent prison monitor must—

• (a) comply with any instructions issued by the prison monitoring co-ordinator,

• (b) attend all training arranged by the prison monitoring co-ordinator under section 7B(2)(f), and

• (c) have regard to any guidance on the monitoring of prisons published by the Chief Inspector under section 7(2)(f).

• (6) For the purpose of exercising any of the independent prison monitor’s functions, an independent prison monitor may, without prior notice—

• (a) visit any prison, and access any part of a prison, to which the independent prison monitor is assigned,

• (b) speak in private with any prisoner, visitor, prison officer or other person working at the prison, who agrees to speak to the independent prison monitor, or

• (c) examine any prison records other than—

• (i) personnel records, or

• (ii) any documents containing information, the disclosure of which would, in the opinion of the governor of the prison, have implications for the security of the prison.

• (7) An independent prison monitor must report to the prison monitoring co-ordinator—

• (a) in relation to any specific matters investigated by the independent prison monitor under subsection (1)(d), and

• (b) otherwise in relation to such matters, and in such form and manner, as the prison monitoring co-ordinator may instruct.

• (8) The Scottish Ministers may pay each independent prison monitor such sums in respect of travel and subsistence expenses as the Scottish Ministers consider appropriate.

• (9) References in this section to “the prison monitoring co-ordinator” are references to the prison monitoring co-ordinator assigned to the prison in question.

7E

The governor of a prison must ensure that the Chief Inspector, prison monitoring co-ordinators and independent prison monitors are provided with such assistance as is necessary to allow them to exercise their functions under this Act in relation to the prison.

7F

• (1) The Chief Inspector must establish a prison monitoring advisory group.

• (2) The group is to comprise—

• (a) the Chief Inspector,

• (b) each of the prison monitoring co-ordinators,

• (c) at least three independent prison monitors, and

• (d) such other persons as the Chief Inspector considers appropriate.

• (3) Persons appointed to the prison monitoring advisory group under subsection (2)(c) or (d) are to be appointed for such period as the Chief Inspector considers appropriate (and may be re-appointed).

• (4) The functions of the prison monitoring advisory group are to—

• (a) keep the effectiveness of prison monitoring under review,

• (b) contribute to the preparation of the guidance published by the Chief Inspector under section 7(2)(f),

• (c) keep the guidance published by the Chief Inspector under review,

• (d) keep the training arrangements for independent prison monitors under review, and

• (e) make recommendations for improvement in respect of any of the matters referred to in paragraphs (a) to (d).

7G

• (1) The Scottish Ministers must make arrangements to ensure that members of the SPT may—

• (a) visit prisoners,

• (b) access information relevant to the treatment of prisoners and the conditions in which they are detained,

• (c) monitor the conditions in prisons and the treatment of prisoners, and

• (d) monitor the arrangements operated by prisons for the temporary release of prisoners in accordance with rules made under section 39.

• (2) The arrangements may, in particular, authorise members of the SPT to—

• (a) access, without prior notice, any prison (accompanied by such experts as the members think fit),

• (b) examine prison records relating to the detention of prisoners,

• (c) meet any prisoners in private to discuss their treatment while detained and the conditions in which they are detained,

• (d) inspect the conditions in which prisoners are detained (including cell accommodation, washing and toilet facilities and facilities for the provision of food), and

• (e) meet such other persons as the members think may have information relevant to the treatment of prisoners and the conditions in which they are detained.

• (3) The Scottish Ministers must keep the arrangements under review and revise them as they think fit.

Right of sheriff or justice to visit prison.

Notification of and inquiry into death of prisoner.

Persons unlawfully at large.

Temporary detention of person being returned to prison in England and Wales etc.

Unlawful introduction of tobacco, etc., into prison.

Powers of search by authorised employees.

Testing prisoners for drugs.

Testing of prisoners for alcohol.

Further provision for communication devices

Exercise of power to make rules, etc.

Interpretation.

Amendments and repeals.

Remaining unlawfully at large

32A

• (1) A person commits an offence if, having been deemed to be unlawfully at large by virtue of—

• (a) section 17(5) or 17A(6) of the Prisoners and Criminal Proceedings (Scotland) Act 1993,

• (b) section 28(7) of this Act, or

• (c) section 40(4) of this Act,

the person remains unlawfully at large.

• (2) A person who commits an offence under subsection (1) is liable—

• (a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

• (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

32B

• (1) Subsections (2) and (3) relate to proceedings for an offence under section 32A(1).

• (2) A qualifying document is sufficient evidence of the fact that a person has been deemed to be unlawfully at large by virtue of a particular section mentioned in section 32A(1).

• (3) A document is a qualifying document if it—

• (a) certifies with respect to the person, by reference to the particular section mentioned in section 32A(1)—

• (i) the matter of being deemed to be unlawfully at large, and

• (ii) the date from which the deeming took effect, and

• (b) bears to be signed and dated by or on behalf of the Scottish Ministers.

32C

• (1) Section 32A(1) is to be construed as provided for in (as applicable)—

• (a) subsection (2), or

• (b) subsection (3) (as read with subsections (4) to (7)).

• (2) In a case of a person to whom section 32A(1)(c) relates, the person remains unlawfully at large if the person—

• (a) has been, orally or in writing—

• (i) informed of the period of temporary release that is the subject of the person's licence, and

• (ii) warned of the requirement to return to prison after the expiry of the period and of the offence and punishment available for failing to do so, and

• (b) without reasonable excuse, fails to take all necessary steps in order to return to prison as soon as possible after the period of temporary release expires.

• (3) In a case of a person to whom section 32A(1)(a), (b) or (c) relates, the person remains unlawfully at large if the person—

• (a) is given notification of the matter of being deemed to be unlawfully at large, and

• (b) without reasonable excuse, fails to take all necessary steps in order to return to prison as soon as possible after notification of the matter is given to the person.

• (4) Notification of the matter to a person is to, as far as practicable—

• (a) state the date from which the matter has arisen,

• (b) state that the person has been recalled to prison (and record the reason for recall), and

• (c) state—

• (i) that the person must take all necessary steps in order to return to prison at the relevant time (as described in accompanying words), and

• (ii) that prosecution for an offence punishable by imprisonment or a fine (or both) could result if the person fails to do so.

• (5) Notification of the matter is given to a person where the person—

• (a) is actually notified of the matter orally or in writing, or

• (b) is to be regarded as notified of the matter.

• (6) A person is to be regarded as notified of the matter if—

• (a) written notice of the matter—

• (i) is sent or delivered to an appropriate address,

• (ii) prescribes a specific period for the purposes of this subsection, and

• (iii) bears to be signed and dated by or on behalf of the Scottish Ministers, and

• (b) the specific period so prescribed in the notice expires.

• (7) An appropriate address is—

• (a) an address at which the person is, in accordance with the person's licence, permitted to reside or stay, or

• (b) an address nominated, in accordance with the person's licence, for the purposes of this section.

32D

• (1) This section defines certain expressions used in section 32C.

• (2) A reference to a licence is to a licence under which a person is released from prison under the licence provisions.

• (3) A reference to prison is to such prison or other institution from which a person can be released on licence under the licence provisions.

• (4) Here, the licence provisions are—

• (a) section 22 of this Act,

• (b) rules for temporary release made under section 39 of this Act, or

• (c) Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993.

Arrest of and rules for absent prisoners

Temporary detention of person being returned to prison in England and Wales etc.

Powers of search by authorised employees.

Testing prisoners for drugs.

Testing of prisoners for alcohol.

Unlawful disclosure of information by medical officer.

Exercise of power to make rules, etc.

Expenses.