Prisons (Scotland) Act 1989

Central administration

General control over prisons in Scotland

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All powers and jurisdiction in relation to prisons and prisoners which before the commencement of the Prisons (Scotland) Act 1877 were exercisable by any other authority shall, subject to the provisions of this Act, continue to be exercisable by the Secretary of State.

Appointment of officers and servants for the purposes of this Act

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General superintendence of prisons

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• (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.

General duties in relation to prisons

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• (1) Subject to any directions of the Secretary of State officers duly authorised by him shall visit and inspect all prisons and examine the state of the buildings, the conduct of officers, the treatment and conduct of the prisoners and all other matters concerning the management of prisons.

• (2) The Secretary of State may, by himself or by any authorised officer, exercise in relation to any prison and the prisoners therein all powers and jurisdiction exercisable by the prison authority of a prison by virtue of any Act of Parliament or by any rules duly made thereunder.

Report to Parliament

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• (1) The Secretary of State shall, at such time or times as he may think fit, cause a report to be prepared of the condition of the prisons and prisoners, and shall lay such report before Parliament.

• (2) A report prepared under subsection (1) above shall state the various manufacturing processes carried on in each prison with such particulars as to the kinds and quantities of, and the commercial value of the labour on, the manufactures, and as to the number of prisoners employed and otherwise as may in the opinion of the Secretary of State be best calculated to afford information to Parliament.

Annual return of punishments

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The Secretary of State shall make a yearly return to Parliament of all punishments inflicted within each prison and the offences for which they were inflicted.

Appointment and functions of Her Majesty’s Chief Inspector of Prisons for Scotland

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• (1) Her Majesty may appoint a person to be Chief Inspector of Prisons for Scotland.

• (2) The functions of the Chief Inspector are—

• (a) to inspect, or arrange for the inspection of, prisons and the treatment of prisoners,

• (b) to inspect the conditions in which prisoners are transported or held in pursuance of prisoner escort arrangements (within the meaning of section 102 (arrangements for the provision of prisoner escorts) of the Criminal Justice and Public Order Act 1994),

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

• (d) to investigate specific matters connected with prisons or prisoners which have been referred to the Chief Inspector by the Scottish Ministers,

• (e) to issue instructions to prison monitoring co-ordinators in relation to the exercise of their functions,

• (f) to prepare and publish guidance on the exercise of the functions of prison monitoring co-ordinators and independent prison monitors,

• (g) to evaluate the performance of each prison monitoring co-ordinator, and

• (h) such other functions as are conferred on the Chief Inspector by this or any other enactment.

• (3) The Chief Inspector must report to the Scottish Ministers—

• (a) following an inspection carried out under subsection (2)(a),(b) or (c),

• (b) following an investigation carried out under subsection (2)(d), and

• (c) annually, in relation to—

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

• (ii) the exercise of the functions of independent prison monitors.

• (4) In relation to a report made under subsection (3)(c)—

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

• (b) different forms and different dates may be directed in relation to reports made under subsection (3)(c)(i) and (ii).

• (5) The Chief Inspector must lay before the Scottish Parliament—

• (a) a copy of any report made under subsection (3)(c), and

• (b) a copy of any report made by a prison monitoring co-ordinator under section 7B(6)(b) or (c).

• (6) The Chief Inspector may report to the Scottish Ministers in such manner as the Chief Inspector considers appropriate on any matter relating to—

• (a) the conditions in prisons,

• (b) the treatment of prisoners, or

• (c) the exercise of the functions of prison monitoring co-ordinators or independent prison monitors.

• (7) For the purpose of exercising any of the Chief Inspector’s functions, the Chief Inspector may, without prior notice—

• (a) visit any prison, and access any part of a prison, in Scotland,

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

• (c) examine any prison records, other than personnel records.

• (8) The Scottish Ministers are to pay the Chief Inspector such salary and allowances, and such other sums in respect of the exercise of the Chief Inspector’s functions, as the Scottish Ministers consider appropriate.

• (9) The Scottish Ministers may provide staff, property or services to the Chief Inspector to assist the Chief Inspector in the exercise of the Chief Inspector’s functions.

Visiting committees

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Interpretation.

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• (1) Where in any prison the number of prisoners who belong to a religious denomination other than the Church of Scotland is such as in the opinion of the Secretary of State to require the appointment of a minister of that denomination, the Secretary of State may appoint such a minister to that prison.

• (2) The Secretary of State may pay a minister appointed under the foregoing subsection such remuneration as he thinks reasonable.

• (3) The Secretary of State may allow a minister of any denomination other than the Church of Scotland to visit prisoners of his denomination in a prison to which no minister of that denomination has been appointed under this section.

• (4) No prisoner shall be visited against his will by such a minister as is mentioned in the last foregoing subsection; but every prisoner not belonging to the Church of Scotland shall be allowed, in accordance with the arrangements in force in the prison in which he is confined, to attend chapel or to be visited by the chaplain.

• (5) The governor of a prison shall on the reception of each prisoner record the religious denomination to which the prisoner declares himself to belong, and shall give to any minister who under this section is appointed to the prison or permitted to visit prisoners therein a list of the prisoners who have declared themselves to belong to his denomination; and the minister shall not be permitted to visit any other prisoners.

Confinement and treatment of prisoners

Place of confinement of prisoners

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• (1) A prisoner may be lawfully confined in any prison.

• (2) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct, and may be moved by the Secretary of State from any prison to any other prison.

• (3) The foregoing provisions of this section are without prejudice to section 11 of this Act and section 241 of the 1975 Act (transfer of prisoner in connection with hearing of appeal).

Removal of prisoners for judicial and other purposes

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• (1) Rules under section 39 of this Act may provide in what manner an appellant within the meaning of section 132 of the 1995 Act, when in custody, is to be taken to, kept in custody at, and brought back from, any place at which he is entitled to be present for the purposes of that Act, or any place to which the High Court of Justiciary or any judge thereof, may order him to be taken for the purposes of any proceedings of that court.

• (2) The Secretary of State may, if he is satisfied that a person detained in Scotland in a prison requires medical or surgical treatment of any description, direct him to be taken to a hospital or other suitable place for the purpose of the treatment.

• (3) Where any person is directed under the last foregoing subsection to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison in which he is required in accordance with law to be detained.

• (4) The governor or any officer of a prison may execute any warrant issued by the High Court of Justiciary for the removal of a prisoner in that prison to any other prison for the purpose of trial before that court.

• (5) The Secretary of State may make regulations as to the mode in which and the officers by whom warrants issued under the last foregoing subsection shall be executed.

Photographing and measuring of prisoners

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Rules under section 39 of this Act may provide for the measuring and photographing of prisoners and . . . may prescribe the time or times at which, and the manner and dress in which prisoners shall be measured and photographed, and the number of copies of the measurements and photographs of each prisoner which shall be made and the persons to whom they shall be sent.

Legal custody of prisoner

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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—

• (a) while he is confined in or being taken to or from any prison in which he may be lawfully confined; or

• (b) while he is working or is, for any other reason, outside the prison in the custody or under the control of an officer of the prison , a constable (“constable” having the same meaning as it has, by virtue of paragraph 17(1) and (2) of Schedule 1 to the Crime (Sentences) Act 1997 (c. 43), in section 40(1) of this Act) or a police custody and security officer ; or

• (c) while he is being taken to any place to which he is required or authorised by or under this Act to be taken; or

• (d) while he is kept in custody in pursuance of such requirement or authorisation.

Legalised police cells

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• (1) The Secretary of State, on the application of the Scottish Police Authority, may from time to time by rules under section 39 of this Act declare that any police cells or other premises in the possession of the Scottish Police Authority shall be a legal prison for the detention of prisoners before, during or after trial for any period not exceeding 30 days. Any such police cells or other premises are hereinafter referred to as legalised police cells.

• (2) Any person charged with or convicted of any crime or offence committed within the area of a councilwho might have been lawfully confined in a prison situated therein may be lawfully confined in any legalised police cells situated in that . . . area for such period as aforesaid.

• (3) The maintenance of prisoners confined in any legalised police cells shall be deemed to be the maintenance of prisoners under this Act:

Provided that the Scottish Police Authority shall not be entitled to any payment for the use of the legalised police cells or for services rendered by any of their officers in connection with the detention or removal of the prisoners so confined.

• (4) The Scottish Police Authority , notwithstanding anything in this section, shall at all times have a prior claim to the uninterrupted use of any legalised police cells ....

• (5) For the purposes of this section the Scottish Police Authority and all persons in their employment shall be subject to the provisions of this Act and any rules made thereunder.

• (6) It shall be the duty of the Secretary of State to make any arrangements required for the removal of any prisoners confined in legalised police cells in the areas of the councils for Orkney Islands and Shetland Islands.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) For the purposes of section 39 of this Act, legalised police cells shall be deemed to be prisons.

• (9) In this section, “ council ” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Right of sheriff or justice to visit prison

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• (1) A sheriff , summary sheriff or justice of the peace may visit any prison within his jurisdiction or in which a prisoner is confined for any offence committed within his jurisdiction, and may examine the condition of the prison and of the prisoners therein and enter in the visitors book to be kept by the governor of the prison any observations on the condition of the prison or on any abuses therein.

• (2) Nothing in the foregoing subsection shall authorise a sheriff , summary sheriff or justice of the peace to communicate with any prisoner except on the subject of his treatment in the prison nor to visit any prisoner under sentence of death.

• (3) It shall be the duty of the governor of a prison to draw the attention of an independent prison monitor to any entry in the visitors book made in pursuance of this sectionat the next time such a monitor visits the prison.

Discharge of prisoners

Discharge of prisoners

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• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A prisoner discharged from a prison situated outside the . . . area in which he was convicted shall be entitled to be taken back to that . . . area at the expense of the Secretary of State.

• (3) In this section, “area” means the area of a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

Allowances to prisoner on discharge

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• (1) When a prisoner is discharged from prison the Secretary of State may provide him with the means of returning to his home by causing his fare to be paid or in any other convenient manner.

• (2) The Secretary of State may make such payments to or in respect of persons released or about to be released from prisons as he may, with the consent of the Treasury, determine.

Constitution and functions of Parole Board and local review committees

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Detention and transfer of young offenders

Remand centres and young offenders institutions

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• (1) The Secretary of State may provide—

• (a) remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence; and

• (b) young offenders institutions, that is to say, places in which offenders sentenced to detention in a young offenders institution may be kept.and in which certain such persons as are mentioned in paragraph (a) above may be kept

• (2) The Secretary of State shall provide in remand centres facilities for the observation and examination of any person detained therein on whose physical or mental condition a medical report may be desirable for the assistance of the court in determining the most suitable method of dealing with his case.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Subject to any exception or modification in any provision of this Act and unless the context otherwise requires, this Act applies to remand centres, young offenders institutions and to persons detained in such centres or institutions in the same manner as it applies to prisons and prisoners.

• (5) Section 11(4) and (5) does not apply to young offenders institutions.

• (6) Sections 1 to 3, 4 to 6, 9, 10, 11(1), 13 to 17, 33A to 37 and 41 to 41D apply to remand centres, young offenders institutions and to persons detained there in the same manner as those provisions apply to prisons and prisoners subject to such adaptations and modifications as may be made by rules made under section 39.

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

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A person who is required to be taken to a young offenders institution or remand centre may, until arrangements can be made for taking him there, be temporarily detained elsewhere.

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

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• (1) Subject to the provisions of this section but without prejudice to section 20A(2) of this Act, where a person serving a sentence of detention in a young offenders institution has attained the age of 21 years, the Secretary of State shall have power to transfer him to prison.

• (2) No person shall be detained in a young offenders institution after he has attained the age of 23 years, and accordingly any person so detained shall, not later than the day immediately preceding his twenty-third birthday, be transferred to prison.

• (3) Where a person has been transferred to prison under this section, he shall be treated for the purpose of his serving the unexpired part of his sentence and of his supervision on release as if the sentence of detention passed upon him were a sentence of imprisonment for a like term, and the provisions of the 1995 Act , the Prisoners and Criminal Proceedings (Scotland) Act 1993 and this Act relating to the treatment and supervision of prisoners shall apply to him accordingly:

. . .

Release on licence, etc.

Release on licence of persons serving determinate sentences

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Release on licence without recommendation of Parole Board

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Remission for good conduct

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Release on licence of children convicted on indictment

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Release on licence of persons sentenced to imprisonment for life, etc

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