The Prisons and Young Offenders Institutions (Scotland) Rules 2011

JurisdictionScotland
CitationSSI 2011/331

2011 No. 331

Prisons

The Prisons and Young Offenders Institutions (Scotland) Rules 2011

Made 12th September 2011

Laid before the Scottish Parliament 14th September 2011

Coming into force 1st November 2011

The Scottish Ministers make the following Rules in exercise of the powers conferred by section 52 of the Courts-Martial (Appeals) Act 19681, sections 3A, 8, 11, 12, 14, 33A and 39 of the Prisons (Scotland) Act 19892and sections 104(6) and 114(3) of, and paragraph 3(2)(b) of Schedule 6 to, the Criminal Justice and Public Order Act 19943and all other powers enabling them to do so.

1 GENERAL

PART 1

GENERAL

S-1 Citation and commencement

Citation and commencement

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

S-2 Interpretation

Interpretation

2.—(1) In these Rules—

“the Act” means the Prisons (Scotland) Act 19894;

“the 1993 Act” means the Prisoners and Criminal Proceedings (Scotland) Act 19935;

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

“the 2006 Rules” means the Prisons and Young Offenders Institutions (Scotland) Rules 20066;

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

“appellant” means, subject to rule 2(3), a prisoner—

(a) who appeals under section 106 or 175 of the 1995 Act7against his or her conviction or sentence, or against both conviction and sentence;

(b) whose case has been referred to the High Court of Justiciary by the Scottish Criminal Cases Review Commission pursuant to section 194B(1) of the 1995 Act8;

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

(d) who appeals under section 8 of the Courts-Martial (Appeals) Act 19689against his or her conviction or sentence, or both conviction and sentence, or who appeals under section 39(1) of that Act10from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or

(e) who is returned to prison under section 18(2) of the 1993 Act and who appeals under section 19 of that Act;

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

“biometric data” includes fingerprints or other physical measurements and any other data specified by direction made by Scottish Ministers;

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

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

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

(a) by virtue of non compliance with an order under section 45 of the Court of Session Act 198811;

(b) under section 4 or 6 of the Civil Imprisonment (Scotland) Act 188212;

(c) by virtue of a warrant granted under section 1(1) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 194013;

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

(e) for breach of interdict;

“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 196714;

“contracted out prison” means a prison or part of a prison the running of which a contract under section 106 of the 1994 Act15is for the time being in force;

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

“controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 197116;

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

“employee” means an employee (not being an officer of a prison) appointed by the Scottish Ministers under section 51 of the Scotland Act 199817;

“film” has the same meaning as in Part I of the Copyright, Designs and Patents Act 198818;

“Governor” means—

(a) in this rule, rules 90(1), 93, 94 and any rule in Part 12 (other than rule 120(3)), the Governor in Charge;

(b) in rules 6, 7, 14, 35 and 81 and in any rule in Parts 3, 8, 10 (other than rules 90(1), 93 and 94), 11 and 14 to 17 and, unless otherwise expressly provided for, in directions made under rules 19(2)(g), 21(1)(b)(iii), 22, 26, 55(5), 62(2), 77(3) and 86, any of the following—

(i) the Governor in Charge;

(ii) the Deputy Governor;

(iii) any authorised Unit Manager; and

(iv) where there is no officer as mentioned in paragraphs (i) to (iii) present for the time being in the prison, the most senior officer who is present in prison at that time; and

(c) in any other provision in these Rules, any officer;

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

“healthcare professional” has the same meaning as in section 17CA of the National Health Service (Scotland) Act 197819;

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

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

(b) as a member of the corresponding profession of solicitor, advocate or barrister in any Member State of the European Union,

and, except for the purposes of rule 113(9), includes the authorised clerk or employee of such a person;

“legal custody” is to be interpreted in accordance with section 13 of the Act20and section 295 of the 1995 Act21;

“letter” includes any communication in written form which—

(a) is directed to a specific person or address; and

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

“media representative” means—

(a) a photographer, cameraman, researcher or producer for, or of, any television, radio or other programme intended for broadcast or transmission by any form of electronic medium; or

(b) a journalist or author;

“officer” means an officer of the prison appointed by the Scottish Ministers and includes the Governor but—

(a) for the purposes of searching a prisoner under rule 92(2)(a) and for the purposes of rule 99, includes a prisoner custody officer who is authorised to perform escort functions in accordance with section 114 of the 1994 Act22; and

(b) in the case of a legalised police cell, means any constable;

“personal communication device” has the same meaning as in section 41(9B) of the 1989 Act23;

“photograph” has the same meaning as in Part I of the Copyright, Designs and Patents Act 198824;

“police member of the Scottish Crime and Drug Enforcement Agency” means a police member appointed in accordance with paragraph 7 of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 200625;

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

“prohibited article” means—

(a) any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 197126;

(b) any firearm or any ammunition within the meaning of the Firearms Act 196827;

(c) any offensive weapon within the meaning of section 47(4) of the Criminal Law (Consolidation) (Scotland) Act 199528;

(d) any article to which section 49 of the Criminal Law (Consolidation) (Scotland) Act 199529applies;

(e) alcohol, within the meaning given by section 2 of the Licensing (Scotland) Act 200530; or

(f) any personal communication device;

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

(a) on his or her removal to prison from court, or any other place, in implementation of the warrant, order or direction ordering or authorising his or her detention in custody; or

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

and cognate expressions shall be construed accordingly;

“refugee” means—

(a) 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 195131as extended by the Protocol thereto which entered into force on 4th October 198732or, as the case may be, the Protocol relating to the status of refugees done at New York on 31st January 196733; or

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

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

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

“smoke” has the meaning assigned to it in the Smoking, Health and Social Care (Scotland) Act 200534;

“sound recording” has the same meaning as in Part I of the Copyright, Designs and Patents Act 198835;

“special cell” means a cell or room which is adapted for the temporary accommodation of refractory or...

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