The Prisons and Young Offenders Institutions (Scotland) Rules 1994

• Citation: S.I. 1994/1931
• Sections: 153

Section 1 Citation and commencement

(1) These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Rules 1994.

(2) Subject to paragraphs (3), (4) and (5), these Rules shall come into force on 1st November 1994.

(3) The provisions of rules 18(3), 20(2), 41, 44(1), 51(3)(b), 52(2), 54(2), 55(6), 57(3), 63(2), 69(3)(b), 70(3), 74, 91(4), 92(5), 100(6)(c), 113 and 126 shall come into force on 1st October 1994 but only for the purpose of enabling the Secretary of State to make provision by direction for the purposes specified in those rules with effect on and after 1st November 1994.

(4) Rule 133(2) to (5) and Schedule 4 shall come into force on 1st November 1994 but only for the purpose of appointing the members of visiting committees to be established on and after 1st January 1995.

(5) The following provisions of these Rules shall come into force on 1st January 1995:–

(a) rule 133(2) to (5) and Schedule 4 insofar as not then in force;

(b) rule 133(1) and (6) to (8);

(c) rules 134 to 140;

(d) rule 143 but only insofar as relating to Part II of Schedule 5; and

(e) Part II of Schedule 5.

Section 2 Application to young offenders institutions and young offenders

(1) Subject to paragraph (2), these Rules apply to young offenders institutions and–

(a) to persons on whom detention in a young offenders institution has been imposed under section 207(2) or 415(2) of the Criminal Procedure (Scotland) Act 1975 ; and

(b) persons sentenced under section 205 of that Act to be detained without limit of time or for life and who are directed or sentenced to be detained in a young offenders institution,

as they apply to prisons and prisoners; and references in these Rules to prison, prisoner, imprisonment or a sentence of imprisonment shall be construed, except where the context otherwise requires, as references to young offenders institutions, young offender, detention or a sentence of detention in a young offenders institution respectively.

(2) The application of these Rules as mentioned in paragraph (1) is subject to the exceptions and modifications set out in Schedule 1.

Section 3 Interpretation

(1) In these Rules, unless the context otherwise requires, the following expressions shall have the meanings ascribed to them:–

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

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

“ 1952 Rules ” means the Prison (Scotland) Rules 1952 ;

“ 1965 Rules ” means the Young Offenders (Scotland) Rules 1965 ;

“appellant” means a prisoner–

who appeals under section 228 or 442 of the Criminal Procedure (Scotland) Act 1975 against his conviction or sentence, or both his conviction and sentence;

whose case has been referred to the High Court of Justiciary by the Secretary of State pursuant to section 263(1) of the said Act of 1975 ;

who appeals by way of bill of suspension against his conviction or sentence, or both conviction and sentence, in summary proceedings;

who appeals under section 8 of the Courts-Martial (Appeals) Act 1968 against his conviction or sentence, or both conviction and sentence, or who appeals under section 39(1) of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or

who is subject to a supervised release order under section 212A of the said Act of 1975 and who appeals under section 19 of the 1993 Act,

and for the purpose of this definition a prisoner shall be deemed to be an appellant from the time–

in the case of an appeal as referred to in sub-paragraph (a), he lodges a written intimation of intention to appeal or a note of appeal in terms of section 231(1) or 233(1) of the said Act of 1975 or an application for a stated case or a note of appeal in terms of section 444(1) or 453B(1) of that Act ;

in the case of a reference as referred to in sub-paragraph (b), the Secretary of State refers the case to the High Court of Justiciary;

in the case of an appeal as referred to in sub-paragraph (c), he lodges the bill of suspension;

in the case of an appeal as referred to in sub-paragraph (d), he presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968 ; or

in the case of an appeal as referred to in sub-paragraph (e), he lodges a note of appeal,

until the appeal or, as the case may be, the reference is finally disposed of or abandoned in its entirety;

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

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

“civil prisoner” means a person who is committed to prison–

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

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

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

for contempt of court or for non-payment of a fine imposed for contempt of court; or

for breach of interdict;

“closed visiting facilities” means visiting facilities which adopt special security features including physical barriers between prisoner and visitor;

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

“constable” has the same meaning as in section 51(1) of the Police (Scotland) Act 1967 ;

“employee” means an employee (not being an officer of a prison) appointed by the Secretary of State under section 2(1) of the Act;

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

“Governor” means–

in rule 78 and in any rule in Part 11 (other than rules 102 and 103), the officer who is appointed under section 3 of the Act as the Governor in charge of the prison;

in rules 4, 5, 11, 21 and 67 and in any rule in Parts 7, 9, 10 and 13 to 16, any officer of a governor grade or, where there is no such officer present for the time being in the prison, the most senior officer who is present in prison at that time; and

in any other provision in these Rules, any officer;

“legal adviser” means a person who is entitled to practise–

as a solicitor, an advocate or a barrister in any part of the United Kingdom; or

as a member of the corresponding profession of solicitor, advocate or barrister in any Member State of the European Community,

and includes the authorised clerk or employee of such a person;

“letter” includes any communication in written form which–

is directed to a specific person or address; and

relates to the personal, private or business affairs of, or the business affairs of the employer of, either correspondent,

and includes an envelope containing any such communication;

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

“long-term prisoner” shall be construed in accordance with Part I of the 1993 Act;

“medical officer” means an officer of a prison who is appointed by the Secretary of State under section 3(1) of the Act to be a medical officer of that prison;

“officer” means an officer of the prison appointed by the Secretary of State and includes the Governor;

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

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

“prohibited article” means–

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

any firearm or any ammunition within the meaning of the Firearms Act 1968 ;

any offensive weapon within the meaning of the Prevention of Crime Act 1953 ;

any article to which section 1 of the Carrying of Knives etc. (Scotland) Act 1993 applies; or

alcoholic liquor;

“reception”, in relation to a prisoner committed to prison means the process of receiving a prisoner into prison–

on his removal to prison from court, or any other place, in implementation of the warrant, order or certificate ordering or authorising his detention in custody; or

on his transfer to any prison from any other prison, or from any remand centre, young offenders institution or other place where he was liable to be detained in custody,

and cognate expressions shall be construed accordingly;

“refugee” means–

a person who is recognised by Her Majesty’s Government as a refugee within the meaning of the UN Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1987 or, as the case may be, the Protocol relating to the status of refugees done at New York on 31st January 1967 ; or

a person who enjoys asylum in the United Kingdom in pursuance of a decision of Her Majesty’s Government though not yet recognised;

“residential officer” means an officer who is required by the Governor to supervise a specific area of living accommodation for prisoners;

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

“security category” means a category assigned in accordance with rule 12;

“short-term prisoner” shall be construed in accordance with Part I of the 1993 Act;

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

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

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

“training for freedom hostel” means that part of a prison, so designated by the Governor, used for custody of prisoners prior to release who are involved in work and other activities approved by the Governor outwith the prison;

“untried prisoner” means a person who is committed to prison–

for examination or trial on any criminal charge;

by virtue of remand in custody under the Extradition Act 1989 ; or

by virtue of detention under Schedule 2 or 3 to the Immigration Act 1971 ,

but does not include any such person who is for the time being serving a sentence of imprisonment;

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

“young prisoner” means a prisoner who is under 16 years of age.

(2) Unless the context otherwise requires, any reference in these Rules to a numbered rule is a reference to the rule in these Rules bearing that number; any reference to a numbered Schedule is a reference to the Schedule to these Rules bearing that number and any reference in a rule to a numbered paragraph is a reference to the paragraph bearing that number in that rule.

(3) For the purposes of any reference in these Rules to the term of imprisonment or other detention to which a person has been sentenced, consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term.

Section 4 Elimination of discrimination

Subject to the provisions of these Rules or of any direction made for any purpose specified in these Rules, the Governor shall seek to eliminate within the prison discrimination on the grounds of gender, sexual orientation, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, birth, medical condition and economic or other status against particular prisoners or categories of prisoners.

Section 5 Availability of Rules and directions

The Governor shall ensure that a copy of these Rules, and of any direction made for any purpose specified in the Rules, as in force from time to time, shall be readily available for inspection by officers and prisoners in each accommodation block and in the prison library.

Section 6 Production of warrant, order, direction or certificate

No person shall be received as a prisoner into prison unless there exists and is produced in respect of him a valid warrant, order, direction or certificate authorising his detention in custody.

Section 7 Procedure on reception of prisoners

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

(2) Every prisoner shall be searched in accordance with rule 88.

(3) The Governor may deliver–

(a) subject to sub-paragraph (b), any prohibited article in the possession of the prisoner to the police; and

(b) any medicines in the possession of the prisoner to the medical officer.

(4) Subject to paragraph (5), every prisoner shall be required by an officer to take a hot bath or shower.

(5) The Governor or medical officer may direct that a prisoner shall not be required to take a hot bath or shower, in which event he shall explain the reasons why to the prisoner concerned.

Section 8 Interview and medical examination of prisoners on reception

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

(2) Every prisoner shall be examined by the medical officer as soon as may be reasonably practicable following reception and, in any event, no later than 24 hours after reception.

Section 9 Information to be given to prisoners on reception

(1) Paragraphs (2) to (5), (6)(e) and (7) of this rule do not apply in relation to a prisoner who is received into prison on his transfer from any other prison.

(2) Every prisoner shall be informed by the Governor at the time of his reception how he may inform–

(a) up to two persons; and

(b) his legal adviser,

of his reception into prison, and the Governor shall make available reasonable facilities for that purpose.

(3) A prisoner who is a foreign national shall also be informed that he may contact, in addition to the persons mentioned in paragraph (2), a diplomatic representative of his choice.

(4) A prisoner who is a refugee or stateless person shall also be informed that he may contact, in addition to the persons mentioned in paragraph (2),–

(a) a diplomatic representative of a state which he considers may look after his interests; and

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

(5) A prisoner who is committed to prison on default of the payment of any sum of money due to be paid by him shall be informed by the Governor at the time of his reception of the facilities available to him in terms of rule 65 to arrange the making of such payment as will entitle him to be released from prison.

(6) On reception every prisoner shall be provided with information in writing by the Governor concerning the following matters:–

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

(b) the prison routine and regime;

(c) how the prisoner may make requests and complaints;

(d) how he may maintain contact with relatives and friends; and

(e) the rights of appeal against conviction or sentence, or against both conviction and sentence, which may be available to him in terms of–

(i) section 228 or 442 of the Criminal Procedure (Scotland) Act 1975 ; or

(ii) in the case of a prisoner convicted by a court-martial under the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 , the Courts-Martial (Appeals) Act 1968 .

(7) In the case of any prisoner whose date of release can be calculated at the time of his reception, the Governor shall inform him of that date as soon as may be reasonably practicable and normally within 48 hours.

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

Section 10 Registration and records of prisoners

(1) As soon as may be reasonably practicable following his reception the following particulars of every prisoner shall be recorded by the Governor insofar as he considers they are relevant to the identification and management of that prisoner:–

(a) the religious denomination to which the prisoner has declared himself to belong;

(b) any distinctive marks on his body;

(c) his physical measurements; and

(d) any other personal particulars.

(2) Paragraph (1) does not apply in relation to a prisoner who is received into prison on his transfer from any other prison.

(3) Any information received for the purposes of paragraph (1) shall be updated as necessary during the prisoner’s confinement in the prison.

(4) The Governor may at any time during the confinement of a prisoner (other than an untried or civil prisoner) in prison and shall at least once in every 3 years where a prisoner has been in legal custody for such a period–

(a) photograph; and

(b) take palm and fingerprints of,

the prisoner.

(5) The Governor may at any time during the period that an untried prisoner is remanded or detained in prison–

(a) photograph an untried prisoner but only where he receives an application in writing signed by a procurator fiscal or by a Constable of not lower rank than Superintendent which states that photographs of such a prisoner are required for any purpose; and

(b) take palm and fingerprints of an untried prisoner.

(6) Where an untried prisoner is released before trial or disposal of the proceedings against him, or he is acquitted after trial or, as the case may be, successfully defends any proceedings brought against him under the Extradition Act 1989 or the Immigration Act 1971–

(a) any photographs of him taken under paragraph (5) together with negatives and copies; and

(b) any palm and fingerprints taken of him,

shall be forthwith destroyed unless the procurator fiscal requests their retention in connection with any other proceedings.

(7) The Governor shall ensure that information recorded in terms of this rule is kept confidential.

Section 11 Classification of prisoners

Every prisoner may be classified by the Governor according to–

(a) age;

(b) sex;

(c) offence or matter in respect of which he is committed to prison;

(d) period of sentence or committal; and

(e) previous record.

Section 12 Security categories of prisoners

(1) The Governor shall assign in accordance with paragraph (2) or (4) a security category to each prisoner as soon as possible after his reception.

(2) For the purposes of paragraph (1) but subject to paragraph (4), a prisoner shall be assigned the lowest appropriate security category of the list of categories specified in column 1 of Schedule 2 having regard to the criteria specified in relation to each such category in column 2 of that Schedule.

(3) Subject to paragraph (5), the Governor shall keep under review, and shall formally review at least once in every period of 12 months, the security category assigned to each prisoner and may, if appropriate, assign another category in the list in Schedule 2 to the prisoner.

(4) For the purposes of paragraph (1), an untried prisoner shall be assigned either Category A or Category B in the list of categories specified in column 1 of Schedule 2, whichever is the lower appropriate having regard to the criteria specified in relation to those categories in column 2 of that Schedule.

(5) The Governor shall keep under review the security category assigned to an untried prisoner and where appropriate may assign Category A to such a prisoner who is Category B or assign Category B to such a prisoner who is Category A.

(6) Where the Governor assigns category A in the list in Schedule 2 to any prisoner, he shall within 72 hours obtain the approval of the Secretary of State for the continuation of that category in relation to the prisoner.

(7) The Governor shall obtain the prior approval of the Secretary of State if he intends to assign category D in the list in Schedule 2 to any life prisoner.

(8) Following the assignment of a security category, the Governor shall explain to the prisoner concerned, if he asks, why that category is the lowest appropriate and, subject to paragraph (9), shall inform him of the gist of any matter of fact or opinion to which he has had regard in reaching that determination.

(9) Where the Governor considers that any written information or document which he has taken into account in reaching his determination of the security category would, if disclosed to the prisoner, be likely to be damaging on one or more of the following grounds, namely:–

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

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

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

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

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

he shall inform the prisoner, but only so far as is practicable without prejudicing the purposes for which that information is not disclosed, of the gist of that information or document.

Section 13 Allocation of prisoners

(1) The Secretary of State may set aside particular prisons or parts of prisons for particular groups or categories of prisoners or particular purposes.

(2) Subject to paragraph (1), the Governor may, having regard to–

(a) the classification of a prisoner;

(b) the security category of a prisoner; and

(c) any other matter affecting the management of a prisoner,

allocate within a prison a particular part of that prison in which a prisoner, or any particular group or category of prisoners, may be confined.

(3) At the request of the prisoner following his allocation within any part of the prison, the Governor shall give him an explanation of the reasons why he has been allocated to that part of the prison.

Section 14 Separation of different categories of prisoners

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

Section 15 Accommodation of prisoners in cells and rooms

(1) Subject to the following provisions of this rule, every prisoner shall be accommodated by himself in a cell or room.

(2) Two or more prisoners may be required to share accommodation in a cell or room where–

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

(b) either the Governor or the medical officer considers it desirable.

(3) Where a cell or room is used to accommodate 2 or more prisoners, the prisoners concerned shall be persons whom the Governor or the medical officer considers suitable to associate with each other in that accommodation.

Section 16 Standard of accommodation

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

(2) Each cell or room used to accommodate prisoners, and any other part of a prison in which prisoners are otherwise kept, or to which they ordinarily have access, shall be of an adequate size and be lighted, heated, ventilated and furnished as is necessary for the health and safety of prisoners.

(3) Every prisoner shall be required to keep his cell or room in a clean and tidy condition except when he is excused from doing so–

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

(b) by the Governor on any other ground.

Section 17 Provision of bedding

(1) The Secretary of State shall provide beds and bedding to enable every prisoner to have a separate bed, and bedding sufficient for his warmth and health.

(2) Every prisoner’s bedding shall be changed as frequently as is necessary to ensure its cleanliness.

(3) Except with the consent of the Governor, no prisoner shall be permitted to receive or possess bedding other than that which is provided in terms of paragraph (1).

Section 18 Entitlement of a prisoner to wear his own clothing

(1) Subject to paragraphs (2) and (3), every prisoner may wear his own clothing in prison and on those occasions when he is required or permitted to be outwith the prison.

(2) Paragraph (1) does not apply to a prisoner where–

(a) particular clothing may be required for the purposes of legal proceedings;

(b) the medical officer considers that–

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

(ii) special clothing is required on medical grounds;

(c) the Governor considers that the prisoner’s clothing–

(i) is in poor condition;

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

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

(d) special or protective clothing is required for particular work or activities being undertaken by the prisoner; or

(e) the entitlement of a prisoner to wear his own clothing has been forfeited under rule 100(1)(g).

(3) Where the Secretary of State considers, in relation to any prison to which these Rules apply, that it is not appropriate to permit prisoners, or particular categories of prisoner, to wear their own clothing in that prison, he may specify in a direction that paragraph (1) shall not apply in relation to any prisoner, or any category of prisoner, in that prison.

Section 19 Provision of clothing to prisoners

(1) The Secretary of State shall provide suitable clothing for every prisoner where the prisoner has insufficient clothing or does not wish, or is not permitted in terms of rule 18, to wear his own clothing.

(2) For the purposes of paragraph (1), suitable clothing shall mean clothing which–

(a) is of good condition, appearance and fit; and

(b) having regard to the circumstances, is suitable for the health and safety of the prisoner.

(3) Any clothing provided in terms of paragraph (1) shall–

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

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

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

(4) If the medical officer is of the opinion that any article of cloth ing belonging to, or provided to, a prisoner requires disinfection–

(a) where applicable, any officer may require the prisoner to change out of the article;

(b) the prisoner shall be provided with such clean clothing as is necessary; and

(c) the Governor shall arrange for the disinfection of the relevant article by such process as is necessary.

Section 20 Changes of clothing

(1) Subject to paragraph (2), the Governor shall ensure that every prisoner has sufficient clothing, whether of his own or provided pursuant to rule 19(1), to enable the prisoner–

(a) to change daily his socks and underwear and such other articles of clothing as may be specified in a direction by the Secretary of State; and

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

(2) Where the Secretary of State considers that it is not practicable, by reason of the circumstances pertaining in, or facilities available at, any prison, to enable prisoners to change daily their socks and underwear or any other article of clothing, he may specify in a direction–

(a) that paragraph (1)(a) shall not apply in relation to prisoners in that prison; or

(b) that in the application of paragraph (1)(a) to prisoners detained in that prison, the frequency with which prisoners shall be able to change socks and underwear shall be at such lesser frequency as is specified in the direction.

Section 21 Prisoners' food

(1) The Governor shall ensure that every prisoner is provided with sufficient wholesome and nutritious food and drink, well prepared and presented, which takes into account the prisoner’s age, health, and, so far as reasonably practicable, his religious, cultural or other requirements.

(2) Where the Secretary of State considers that it is not practicable to provide food to prisoners due to exceptional circumstances pertaining in a prison, he may by direction provide that paragraph (1) shall not apply in relation to prisoners in that prison until such time as he considers that it is so practicable.

(3) The Governor shall ensure, on a daily basis, that–

(a) he tastes some food and drink prepared for prisoners for the purpose of checking its quality and condition;

(b) he checks that the quantity of food and drink prepared for prisoners is adequate; and

(c) the conditions under which such food and drink are prepared and served are inspected by an officer.

(4) If an officer finds any deficiency as a result of any inspection or sampling in terms of paragraph (3), the Governor shall remedy the deficiency as soon as reasonably practicable.

(5) Except where the Governor or the medical officer so authorises, no prisoner shall receive or possess food or drink other than that which–

(a) is provided in terms of this rule; or

(b) he is permitted to purchase within the prison.

Section 22 Personal hygiene

(1) The Governor shall–

(a) afford every prisoner the opportunity to keep himself clean; and

(b) provide every prisoner with such toiletries, including–

(i) shaving materials if required; and

(ii) in the case of female prisoners, sanitary protection,

as are necessary for the prisoner’s health and cleanliness.

(2) The Governor shall ensure that every prisoner has access at all reasonable times to such facilities for washing and bathing or showering as are necessary for his health and cleanliness and which enable him to bathe or shower at least twice a week.

(3) A prisoner shall neither be prevented from growing nor be required to remove a moustache or beard, or both, nor shall his hair be cut without his consent, unless the medical officer considers it necessary to do so on medical grounds.

Section 23 The medical officer

The medical officer shall have responsibility for the general care of the health of every prisoner.

Section 24 Provision of medical services and facilities

The Secretary of State shall make arrangements for the provision at every prison to such extent as he considers necessary of appropriate medical services and facilities for the prevention of illness, the care of prisoners suffering from illness or the after-care of such prisoners.

Section 25 General duty of the medical officer to attend prisoners

The medical officer shall attend prisoners who complain of illness at such times, and with such frequency, as he judges necessary in the circumstances.

Section 26 Notification to the medical officer of prisoners requiring attention

The Governor shall bring to the attention of the medical officer without delay any prisoner whose physical or mental condition appears to require his attention.

Section 27 Arrangements for medical care by other medical practitioners or at outside facilities

(1) Where the medical officer considers it appropriate to call into consultation, or refer a prisoner to, another medical practitioner or a specialist, he shall–

(a) inform the Governor; and

(b) thereafter make such arrangements as are necessary.

(2) Where the medical officer considers that it is appropriate that another medical practitioner or specialist should visit the prison to attend a prisoner, he shall–

(a) inform the Governor; and

(b) thereafter make such arrangements as are necessary.

(3) Where the medical officer considers that the condition of a prisoner’s health requires treatment at a medical facility outwith the prison, the Governor shall make such arrangements for the transfer of the prisoner to such facility as he considers appropriate.

Section 28 Duty of medical officer to visit prisoners subject to cellular confinement

Where cellular confinement is imposed on a prisoner in terms of rule 100(1)(d), the medical officer shall visit the prisoner as soon as practicable and thereafter at least once in each period of 24 hours of such confinement.

Section 29 Duty of medical officer to notify certain matters

(1) Where the medical officer is of the opinion on medical grounds that a prisoner should–

(a) be confined in specified conditions;

(b) not participate in specified activities;

(c) participate in specified activities only in accordance with such conditions as the medical officer considers necessary;

(d) not be subject to cellular confinement where this has been imposed in terms of rule 100(1)(d); or

(e) not be placed under a restraint in terms of rule 83,

he shall notify the Governor, who shall give effect to the medical officer’s opinion without delay.

(2) The medical officer shall notify the Governor without delay of any matter connected with a prisoner or the treatment of prisoners which appears to him to require attention on medical grounds.

(3) If in respect of any prisoner the medical officer is of the opinion on medical grounds that–

(a) he is totally and permanently unfit to be detained further in prison;

(b) the life of the prisoner is likely to be endangered by continued detention in prison; or

(c) the health of the prisoner is such that he is unlikely to survive his sentence or the period for which he is remanded or detained,

he shall notify the Governor without delay.

(4) The medical officer shall–

(a) where a matter which he has notified to the Governor pursuant to paragraph (2) remains unattended, report the matter to the Secretary of State; and

(b) notify the Secretary of State of any case where he has notified the Governor pursuant to paragraph (3).

Section 30 Notification of relatives and friends of prisoners suffering serious illness, etc

In the event that a prisoner becomes seriously ill or sustains serious injury or is admitted to a hospital outwith the prison, the Governor shall, where possible, ask the prisoner if any relative or friend of the prisoner or any other person should be informed of the event and–

(a) in the case of a young offender who is under 18 years of age,–

(i) if the young offender agrees, the Governor shall notify that person accordingly; or

(ii) if the young offender does not agree, the Governor may notify that person accordingly; or

(b) in the case of any other young offender or prisoner, if he agrees, the Governor shall notify that person accordingly.

Section 31 Transfer to hospital for treatment for mental disorder

(1) Where it appears to the medical officer that a prisoner to whom section 71 of the Mental Health (Scotland) Act 1984 applies is suffering from mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of the said Act of 1984, he shall obtain reports as mentioned in paragraph (3).

(2) Where it appears to the medical officer that an untried prisoner is suffering from mental disorder such that the grounds are satisfied upon which an application may be made for his admission to a hospital under Part V of the said Act of 1984, he shall obtain in respect of the prisoner reports as mentioned in paragraph (3).

(3) The reports referred to in paragraphs (1) and (2) are reports in respect of the prisoner by 2 medical practitioners (complying with the provisions of section 70(4) of the said Act of 1984), one of whom may be the medical officer.

(4) If the medical reports referred to in paragraphs (1) and (2) are to the effect that the grounds upon which an application may be made for the admission of the prisoner to a hospital under Part V of the said Act of 1984 are satisfied, the Governor shall submit the reports to the Secretary of State.

Section 32 Records of medical treatment

(1) Subject to paragraph (2), the medical officer shall in respect of each prisoner maintain a record of his health and of all medical treatment given to that prisoner in prison, or at a medical facility outwith prison, during the period the prisoner is committed to that prison.

(2) Where a prisoner is moved from any prison to any other prison, the medical officer of the prison from which he is moved shall send his medical record to the medical officer of the prison to which the prisoner is moved.

(3) For the purposes of this rule, “medical treatment” shall be deemed to include any examination, consultation, diagnosis, operation, treatment or prescription.

Section 33 Prisoners' welfare

The Governor shall ensure that every prisoner is given reasonable assistance and facilities to maintain and develop relationships with his family and friends and with such other persons and agencies outwith the prison as may best offer him assistance during his sentence or period of committal, and in preparation for and after his release.

Section 34 Visits to untried and civil prisoners by medical and dental practitioners

(1) Subject to paragraph (2), the Governor shall at the request of an untried prisoner or a civil prisoner permit him to be visited by a medical or dental practitioner of his own choice for the purpose of receiving treatment.

(2) Where an untried prisoner or a civil prisoner is permitted to be visited by a medical or dental practitioner in terms of this rule, he shall be responsible for the expenses of that visit and any treatment rendered.

Section 35 Facilities for religious practice

(1) Every prisoner shall be allowed to observe the requirements of his religious and moral beliefs subject to and in accordance with the provisions of the Act, these Rules and of any direction made for the purposes of these Rules.

(2) The Governor shall ensure that every prisoner is informed of the facilities or arrangements which exist or may be made for the purposes of paragraph (1).

Section 36 Duties of members of the chaplaincy team

(1) Each member of the chaplaincy team shall, for the purposes of prisoners of his respective religious denomination,–

(a) visit each such prisoner as soon as practicable after his reception into prison and at such other times thereafter as the prisoner and the member may agree;

(b) conduct religious services or meetings at such times as the member after consultation with the Governor considers appropriate;

(c) with the approval of the Governor, make any other arrangements which the member considers necessary for the provision of religious ministration to such prisoners.

(2) Subject to the approval of the Governor, any person may–

(a) act on behalf of the member of the chaplaincy team in his absence; or

(b) assist the member,

for the purposes of carrying out any of the duties specified in paragraph (1).

(3) A member of the chaplaincy team may make arrangements, with the approval of the Governor, for the purpose of enabling a prisoner to be visited by a minister of any religious denomination or his authorised representative.

Section 37 Visiting ministers

Where a visiting minister is allowed to visit prisoners, the Governor shall make arrangements, so far as practicable, to enable the minister–

(a) to conduct religious services or meetings for such prisoners; and

(b) to make any other arrangements which the minister considers necessary for the provision of religious ministration to such prisoners,

in accordance with such guidance as the Governor may give.

Section 38 Religious services and visits

(1) Subject to paragraph (2), every prisoner who belongs to a religious denomination may attend such services or meetings of his denomination as may, with the consent of the Governor, be arranged by the chaplain or minister concerned.

(2) The Governor may prevent a prisoner from attending any service or meeting of his religious denomination if, in exceptional circumstances, he considers it is necessary to do so in the interests of good order.

(3) The Governor shall notify the chaplain or the appropriate prison minister as soon as practicable following receipt of any request by a prisoner to receive a visit by the chaplain or, as the case may be, the prison minister.

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

(a) the member concerned requests otherwise; or

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

Section 39 Religious books, items and practices

(1) The Governor shall provide such literature and other materials as he considers appropriate for prisoners' religious needs.

(2) Every prisoner shall, so far as reasonably practicable, be allowed–

(a) to have in his possession and for his personal use, religious books, items and materials appropriate to his religious denomination; and

(b) to engage in the practices of his religious denomination.

Section 40 Privileges

(1) The Governor of each prison shall establish, subject to paragraph (3), such system of privileges as may be appropriate to the groups or categories of prisoners detained in the prison.

(2) A system of privileges may include privileges which apply to different classes of prisoners or in respect of different parts of the prison.

(3) A system of privileges established under this rule shall make provision at least in relation to–

(a) the items of property which the Governor may, in terms of rule 44, allow a prisoner to have in his room or cell;

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

(c) the facilities to which a prisoner may have access and the activities in which he may take part in terms of rule 76;

(d) the arrangements whereby a prisoner may smoke or have any tobacco in his possession;

(e) the circumstances in which privileges may be withdrawn from a prisoner; and

(f) any other matter as may be specified in a direction made by the Secretary of State under and for the purposes of this rule.

(4) A system of privileges shall not make provision which prejudices or derogates from any entitlement or right of a prisoner which is specified in any provision of these Rules, or in any direction made for any purpose specified in these Rules, and any such entitlement or right shall not be regarded as a privilege granted by virtue of this rule and shall not be capable of being forfeited under rule 100(1)(b).

(5) The Governor shall ensure that every prisoner is provided with information, in a manner which enables him to understand it, in relation to–

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

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

(6) Where the Governor–

(a) withdraws any privilege enjoyed by a prisoner; or

(b) refuses to grant to any prisoner a privilege which is enjoyed by other prisoners,

he shall give reasons for his decision to the prisoner concerned.

Section 41 Smoking and possession of tobacco by untried and civil prisoners

An untried prisoner or a civil prisoner shall be entitled to keep in his possession and to smoke tobacco subject to such conditions as the Governor may impose in accordance with a direction made by the Secretary of State for the purposes of this rule.

Section 42 Reception of personal property of prisoners

(1) The items of property belonging to any prisoner which are received into or purchased within prison shall be managed in accordance with this rule and rules 43 and 44.

(2) Subject to the other provisions of these Rules, the Governor may refuse to receive any item of property sent to the prison for a prisoner and, where appropriate, he may return it to the sender.

(3) All items of property belonging to a prisoner which are received into prison other than–

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

(b) if the prisoner is not assigned security category A, letters or other written communications sent to the prisoner; or

(c) any of his property which is perishable or edible,

shall be recorded by an officer in the prisoner’s record.

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

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

(b) thereafter, be required to sign it.

Section 43 Storage or disposal of personal property of prisoners

(1) Subject to paragraph (2), the Governor shall make arrangements for the safe storage of all items of property belonging to a prisoner which have been received into prison, except for items which a prisoner is allowed to keep in his room or cell or on his person.

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

(a) he shall notify the prisoner; and

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

Section 44 Personal property of prisoners in rooms or cells

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

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

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

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

(c) any other matter which the Governor considers relevant.

Section 45 Prisoners' money

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

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

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

(2) Except for such cash as a prisoner is permitted in terms of paragraph (1) to have in his possession, the Governor shall hold on behalf of a prisoner any money belonging to him, whether accruing to him in terms of rule 74 or otherwise received into prison.

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

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

(a) during any specified period; and

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

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

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

Section 46 Supplies of books, newspapers, etc to prisoners

Subject to rules 42 to 44, a prisoner shall be entitled to arrange, at his own expense or at the expense of a person outwith the prison, the delivery to the prison of such books, newspapers, writing materials and other means of occupation as he may wish to use.

Section 47 Current affairs

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

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

(b) any other medium the Governor may allow.

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

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

(b) to prevent the prisoner from injuring others.

Section 48 Prisoners' correspondence

Subject to rules 49 to 52, a prisoner may send and receive letters and packages by means of the postal service or otherwise.

Section 49 Opening and reading of correspondence from and to courts

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

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

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

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

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

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

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

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

(b) he has explained to the prisoner concerned why he has such cause; and

(c) the prisoner concerned is present.

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

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

Section 50 Opening and reading of correspondence from and to legal advisers

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

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

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

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

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

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

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

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

(b) he has explained to the prisoner concerned why he has such cause; and

(c) the prisoner concerned is present.

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

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

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

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

(8) Where a letter or package to which this rule applies is found to contain a prohibited article or any article which the prisoner is not authorised to possess or keep in terms of these Rules, the Governor shall deal with the article in terms of rule 81 or 82, whichever is appropriate.