Young Offenders (Scotland) Rules 1965
| Jurisdiction | UK Non-devolved |
| Citation | SI 1965/195 |
| Year | 1965 |
1965 No. 195 (S. 6)
YOUNG OFFENDERS INSTITUTIONS
The Young Offenders (Scotland) Rules 19653rdFebruary 1965
3rdFebruary 1965
TABLE OF CONTENTS
Rules
Preliminary … … … … … … … … 1 to 2
Classification and Training … … … … … … 3 to 6
Accommodation … … … … … … … 7 to 10
Reception and Discharge
(i) Reception … … … … … … … 11 to 18
(ii) Information to inmates … … … … … 19
(iii) Transfer and discharge … … … … … 20 to 25
(iv) Deaths of inmates … … … … … … 26 to 28
Discipline and Control
(i) General … … … … … … … 29 to 34
(ii) Remission … … … … … … … 35
(iii) Offences against discipline … … … … … 36 to 46
(iv) Restraints … … … … … … … 47 to 48
(v) Requests and complaints by inmates … … … … 49 to 50
(vi) Prohibited articles … … … … … … 51 to 52
(vii) Control of admission … … … … … … 53 to 54
Employment, Education and Recreation of inmates
(i) Work … … … … … … … … 55 to 56
(ii) Education and libraries … … … … … 57 to 59
(iii) Recreation … … … … … … … 60
Religion and Welfare
(i) Religion … … … … … … … 61 to 67
(ii) Social relations … … … … … … 68 to 70
(iii) Letters and visits … … … … … … 71 to 74
(iv) Visits for special purposes … … … … … 75 to 79
Physical Welfare
(i) Medical Services … … … … … … 80 to 92
(ii) Hygiene … … … … … … … 93 to 96
(iii) Food … … … … … … … … 97 to 102
(iv) Clothing … … … … … … … 103
Appellants … … … … … … … … 104 to 106
Inmates committed under sections 4 or 6 of the Civil Imprisonment (Scotland) Act
1882; inmates committed for contempt of court and inmates convicted of sedition
or seditious libel
Rules
(i) General … … … … … … … 107 to 11O
(ii) Food and clothing … … … … … … 111 to 113
(iii) Health and cleanliness … … … … … 114 to 115
(iv) Books etc. … … … … … … … 116
(v) Work and remission of sentence … … … … 117
(vi) Visits and communications … … … … … 118
(vii) Discipline … … … … … … … 119 to l20
(viii) Miscellaneous … … … … … … 121 to 122
Staff… … … … … … … … … 123 to 132
Visiting Committee … … … … … … … 133 to 154
In exercise of the powers conferred upon me by section 35 of the Prisons (Scotland) Act 1952(a) as amended by section 2 of and Schedule 5 to the Criminal Justice (Scotland) Act 1963(b) and of all other powers enabling me in that behalf I hereby make the following Rules, a draft whereof has been laid before Parliament in accordance with section 40(2) of the Prisons (Scotland) Act 1952, as read with section 6(1) of the Statutory Instruments Act 1946(c).
PART I
PRELIMINARY
Application and interpretation
1.—(1) These Rules apply to Young Offenders Institutions in Scotland, hereinafter referred to as "institutions", and to persons required to be detained therein, hereinafter referred to as "inmates".
(2) In these Rules, unless the context otherwise requires, the following words and expressions have the meanings hereby respectively assigned to them, that is to say:—
"appellant" means an appellant within the meaning of the Criminal Appeal (Scotland) Act 1926(d), or the Courts-Martial (Appeals) Act 1951(e) whose appeal has not yet been determined.
"Chaplain" means the person, being a minister or licentiate of the Church of Scotland, appointed by the Secretary of State for Scotland to minister to the religious welfare of the inmates.
"Governor" means the officer appointed by the Secretary of State to take charge of an institution subject to the control and direction of the Secretary of State.
"legal adviser" means, in relation to an inmate, an advocate, or a solicitor within the meaning of the Solicitors (Scotland) Acts 1933 to 1958(f), or the authorised clerk of an advocate or solicitor.
"Medical Officer" means the officer, being a registered medical practitioner, appointed by the Secretary of State to perform the medical services of an institution.
"offence" has the meaning assigned to it by Rule 41.
(a) 15 & 16 Geo. 6 & 1 Eliz. 2. c. 61.
(b) 1963 c. 39.
(c) 9 & 10 Geo. 6. c. 36.
(e) 14 & 15 Geo. 6. c. 46.
(f) 23 & 24 Geo. 5. c. 21; 12, 13 & 14 Geo. 6. c. 63; 6 & 7 Eliz. 2. c. 28.
"officer" means a person appointed by the Secretary of State to assist in the control of an institution.
"Visiting Clergyman" means a person, being a minister of any religious denomination, other than the Church of Scotland, appointed by Secretary of State to minister to the religious welfare of inmates of that denomination.
"Visiting Committee" means the Committee appointed under section 31(3) of the Prisons (Scotland) Act 1952, as amended by the Criminal Justice (Scotland) Act 1963.
(3) Any direction or authorisation implied in any of these Rules shall be given by the Secretary of State unless the Rules otherwise provide.
(4) The Interpretation Act 1889(a), shall apply for the interpolation of these Rules as it applies for the interpretation of an Act of Parliament.
Citation and commencement
2. These Rules may be cited as The Young Offenders (Scotland) Rules 1965 and shall come into operation on 3rd February 1965.
PART II
CLASSIFICATION AND TRAINING
3. The purposes of training and treatment of inmates shall be to establish in them the will to lead a good and useful life on discharge, and to fit them to do so.
4.—(1) The Secretary of State may set aside particular institutions or parts of institutions for particular classes of inmates or for particular purposes.
(2) The Secretary of State may establish or set aside institution for the treatment in open conditions of selected inmates or classes of inmates.
5. Inmates shall be classified in accordance with such instructions as the Secretary of State may give from time to time.
6.—(1) There shall be established at every institution such system of privileges as the Secretary of State approves in the interests of good conduct and training.
(2) Every such system shall include arrangements under which sums paid to inmates under these Rules may be spent subject to such conditions as the Secretary of State may determine.
(3) To facilitate training inmates may be placed in such grades as the Secretary of State approves. Promotions from grade to grade, or reduction in grade, otherwise than as an award for an offence against discipline shall be decided by the Governor with the advice of an institution board comprised of such officers as the Secretary of State may decide. The institution board shall keep under review the progress of each inmate throughout the period of his training.
ACCOMMODATION
7. A room or ward shall not be used for the accommodation of inmates unless it is of adequate size for the number of inmates to be accommodated therein; is lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and is approved by the Secretary of State. In each room or ward means of communication with an officer shall be provided.
(a) 52 & 53 Vict. c. 63.
8. Where an inmate does not occupy a room by himself at night he shall occupy a room or ward along with not fewer than two other inmates.
9. Every inmate shall be provided with a separate bed and with bedding adequate for warmth and health in accordance with a scale approved by the Secretary of State or authorised in special circumstances by the Medical Officer.
10.—(1) The rooms, wards and yards allocated to female inmates shall be secured by locks different from those securing the rooms, wards and yards allocated to male inmates.
(2) Female inmates shall in all cases be attended by female officers. The keys of the premises allocated to the female inmates shall be under the control of female officers and no male officer shall enter the premises except on duty and in the company of a female officer.
RECEPTION, TRANSFER, DISCHARGE AND DEATH
(i) Reception
11.—(1) Every inmate shall be searched on reception, and at such times subsequently as may be directed, and all prohibited articles shall be taken from him.
(2) The searching shall be conducted in as seemly a manner as possible and no inmate shall be stripped in the sight of another inmate.
(3) An inmate shall be searched only by officers of his own sex.
12. All money, clothing or other effects belonging to an inmate which he is not allowed to retain shall be placed in the custody of the Governor, who shall keep an inventory thereof, which shall be signed by the inmate.
13. The name, age, height, weight, bodily marks, and such other measurements and particulars as may be required in regard to an inmate shall, upon his reception, and subsequently as may be necessary, be recorded hi such manner as may be directed.
14. Every inmate shall be given a bath on reception unless it is otherwise directed in any particular case by the Governor or Medical Officer.
15. If any inmate is found to have any infectious or contagious disease, or to be in a verminous condition steps shall be taken at once to treat the disease or condition and to prevent it from spreading to other inmates.
16. Without prejudice to his duties under Rules 29 and 49 the Governor shall interview all inmates as soon as possible after their reception.
17. Without prejudice to his duties under Rules 23 and 55 the Medical Officer shall separately examine every inmate as soon as possible and in any case not later than 24 hours after his reception, and shall record the state of health of the inmate and such other particulars as may be directed.
18. Subject to such conditions as may be prescribed by the Secretary of State the infant child of a female inmate may be received into the institution with its mother and may be supplied with clothing and necessaries at the public expense.
(ii) Information to inmates
19.—(1) The Governor shall ensure that every inmate receives a careful explanation of so much of these Rules and of any other instructions of which he should have knowledge, including those relating to payments, to activities of the institution, to the proper methods of submitting petitions to the Secretary of State and of making complaints, and to the disciplinary requirements of the institution.
(2) A...
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