Prisons (Scotland) Act 1989

Cited authorities (51)

Cited in

Amendments (492)

Jurisdiction	UK Non-devolved
Citation	1989 c. 45
Year	1989

All powers and jurisdiction in relation to prisons and prisoners which before the commencement of the

(1) The general superintendence of prisons shall be vested in the Secretary of State.(1A) Every prison shall have a governor and such other officers as may be necessary.(2) The Secretary of State shall appoint to each prison a chaplain being a minister or a licentiate of the Church of Scotland.(3) The Secretary of State shall make contracts and do all other acts necessary for the maintenance of the prisons and prisoners therein.(4) There shall be provided such office accommodation in connection with the general superintendence of prisons as the Secretary of State, with the consent of the Treasury, may determine.

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Contenidos

Prisons (Scotland) Act 1989
Central administration

1: General control over prisons in Scotland.
2: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3: General superintendence of prisons.

3A: Medical officers for prisons

4: General duties in relation to prisons.

5: Report to Parliament.

6: Annual return of punishments.
6A: Purpose of inspection and monitoring of prisons
7: Appointment and functions of Her Majesty’s Chief Inspector of Prisons for Scotland.

7A: Appointment of prison monitoring co-ordinators

7B: The functions of prison monitoring co-ordinators

7C: Appointment of independent prison monitors

7D: The functions of independent prison monitors

7E: Duty of the governor to assist with inspection and monitoring
7F: Prison monitoring advisory group

7G: SPT visits

8: Visiting committees.
9: Appointment of prison ministers.

Confinement and treatment of prisoners

10: Place of confinement of prisoners.

11: Removal of prisoners for judicial and other purposes.

12: Photographing and measuring of prisoners.
13: Legal custody of prisoner.: Without prejudice to section 295 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (legal custody of persons generally), a prisoner is in legal custody—

14: Legalised police cells.

15: Right of sheriff or justice to visit prison.

Discharge of prisoners

16: Discharge of prisoners.

17: Allowances to prisoner on discharge.

18: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention and transfer of young offenders

19: Remand centres and young offenders institutions.

20: Temporary detention of persons liable to detention in young offenders institution or remand centre.
20A: Transfer of young offenders to prison or remand centre.

21: Transfer to prison of persons over 21, and maximum age for detention in young offenders institution.

Release on licence, etc.

22: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22A: Suspension of licence conditions

23: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision after release

30: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
31: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remaining unlawfully at large

32A: Offence where unlawfully at large

32B: Certification of being unlawfully at large

32C: Meaning of remaining unlawfully at large

32D: Definition of associated expressions

Miscellaneous

33: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
33A: Power of governor to delegate functions.
34: Notification of and inquiry into death of prisoner.
35: Return of warrants for or sentences of imprisonment.
36: Legal estate in prison.
37: Discontinuance of prison.

38: Acquisition of land for prisons.

39: Rules for the management of prisons and other institutions.

40: Arrest of and rules for absent prisoners

40A: Warrants for arrest of escaped prisoners.

40B: Temporary detention of person being returned to prison in England and Wales etc.
41: Unlawful introduction of tobacco, etc., into prison.

41A: Powers of search by authorised employees.

41B: Testing prisoners for drugs.

41C: Testing of prisoners for alcohol.

41D: Unlawful disclosure of information by medical officer.

41ZA: Further provision for communication devices

41ZB: Exceptions as to communication devices

42: Exercise of power to make rules, etc.

43: Interpretation.

44: Expenses.
45: Amendments and repeals.

46: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1

The Parole Board
Local review committees

SCHEDULE 2 Section 45(1).
Amendment of enactments

Children and Young Persons (Scotland) Act 1937
Army Act 1955
Air Force Act 1955
Naval Discipline Act 1957
Criminal Justice Act 1961
Criminal Justice (Scotland) Act 1963
Criminal Justice Act 1967
Courts-Martial (Appeals) Act 1968
Criminal Procedure (Scotland) Act 1975
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980
Contempt of Court Act 1981
Mental Health (Scotland) Act 1984

SCHEDULE 3 Section 45(2).
Repeals

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Prisons (Scotland) Act 1989

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