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The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Type Statutory-Instrument

Publication 1994-07-18

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Arrangements for securing release of prisoners committed to prison in default of payments

65

(1) This rule applies to any prisoner who is committed to prison–

(a) in default of payment of any sum which he is required to pay by virtue of any order of a court; and

(b) in circumstances where he may secure his release on payment of any sum.

(2) A prisoner to whom this rule applies shall be entitled to communicate at any reasonable time with any person for the purpose of arranging payment of the sum which would secure his release.

PART 8 — WORK, EDUCATION, EARNINGS AND RECREATION

Application of Part 8

66

(1) Rules 67 to 70, 72(3) and 73(2) shall not apply to untried and civil prisoners.

(2) Rules 67 to 70, 72(3), 73(2) and 74 shall not apply to young prisoners.

Arrangements for work, education etc.

67

(1) As soon as practicable after the reception into prison of a prisoner, the Governor shall obtain in respect of the prisoner reports about his particular needs and wishes concerning work, education etc.

(2) Following receipt of such reports, the Governor shall in consultation with the prisoner determine a programme of work, educational activities and counselling for the prisoner with the objective of improving the prospects for his successful resettlement in the community, and his morale, attitude and self respect.

Prisoners' work

68

(1) Subject to the following provisions of this Part, every prisoner shall be required to work in prison.

(2) No prisoner shall be required to work, or to do work which is of a particular class, at any time when he is excused from working, or from doing any particular class of work–

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

(b) by the Governor on any other ground.

(3) A prisoner shall be excused from the requirement to work at a time when he is undertaking an educational class arranged in terms of rule 72 or is undertaking counselling provided in terms of rule 73.

(4) Except with the authority of the Governor, no prisoner shall work in the service of another prisoner or of an officer.

Conditions of work or activities in lieu of work

69

(1) No prisoner shall be required to work, or take part in an educational class arranged in terms of rule 72 in lieu of work, for more than 40 hours a week (excluding meal breaks).

(2) Every prisoner shall be entitled to a minimum of one day each week as a rest day on which he shall not be required to work or take part in an educational class in lieu of work.

(3) Insofar as it may be reasonably practicable, having regard to the requirements of the prison regime, a prisoner who has declared himself to belong to a religious denomination shall–

(a) be entitled to take his rest day on his recognised day of religious observance; and

(b) not be required to work or take part in an educational class arranged in terms of rule 72 in lieu of work on such other days in a year as are recognised days of religious observance for his religious denomination and are specified in a direction made by the Secretary of State.

(4) Every prisoner shall be entitled to work in association with other prisoners except when the Governor otherwise orders in accordance with rule 80.

Work opportunities

70

(1) The Governor shall provide a range of work which, so far as reasonably practicable, takes into account–

(a) the interests and need of prisoners to obtain skills and experience which will be of use to them after their release; and

(b) the requirements of the operation and maintenance of the prison.

(2) The range of work which the Governor may provide may include–

(a) vocational training; and

(b) work placements outside the prison.

(3) The Secretary of State may, in relation to such work placements outside the prison, specify in a direction–

(a) the groups or categories of prisoners who may be allowed to undertake such work;

(b) the circumstances in which, and the conditions subject to which, such work may be provided to any eligible group or category of prisoners; and

Work undertaken by untried and civil prisoners

71

(1) An untried prisoner or a civil prisoner shall not be required to work in prison but may undertake, if he so chooses and with the agreement of the Governor, such work or an educational class arranged in terms of rule 72.

(2) Where an untried prisoner or a civil prisoner undertakes work, he shall be entitled to be paid earnings in accordance with rule 74.

(3) Except with the authority of the Governor and with the consent of the prisoner, no untried prisoner or civil prisoner shall work in the service of another prisoner or of an officer.

Education

72

(1) The Governor shall arrange a programme of educational classes to provide prisoners, so far as reasonably practicable, with an opportunity to pursue their interests and needs.

(2) In relation to young prisoners, the Governor shall arrange a programme of educational classes which meet their needs and can assist them to develop their potential.

(3) Where an educational class is undertaken by a prisoner in terms of this rule and for that purpose the prisoner is excused from the requirement to work in terms of rule 68, the educational class shall be treated as an activity which may be undertaken in lieu of work.

Counselling

73

(1) The Governor may arrange provision of counselling appropriate to the needs of prisoners.

(2) Where counselling is provided to a prisoner in terms of this rule and for that purpose the prisoner is excused from the requirement to work in terms of rule 68, the counselling shall be treated as an activity in lieu of work.

Earnings

74

Where—

(a) a prisoner undertakes work in terms of rule 68 or 71; or

(b) a prisoner (other than an untried or civil prisoner) takes part in an educational class arranged in terms of rule 72 or any counselling provided in terms of rule 73,

he shall be entitled to be paid earnings at such rates and in accordance with such conditions as may be specified in a direction by the Secretary of State.

Exercise and time in the open air

75

(1) Every prisoner shall be given the opportunity–

(a) to take exercise for not less than one hour every day; and

(b) to spend time in the open air at least once every day.

(2) Every prisoner shall be entitled to take exercise in terms of paragraph (1) in association with other prisoners except when the Governor otherwise orders in accordance with rule 80.

(3) Where the Secretary of State considers that it is not practicable to give prisoners the opportunity to take exercise or spend time in the open air 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.

Recreation

76

(1) The Governor shall provide reasonable facilities and opportunities to enable prisoners to participate in recreational activities outwith normal working hours.

(2) The Governor shall make arrangements for lending library services for the use of prisoners which take into account so far as reasonably practicable their educational, informational and recreational interests.

Prohibition on prisoners' carrying on any trade, profession or vocation from prison

77

(1) Subject to paragraph (2), no prisoner shall be permitted to carry on any trade, profession or vocation from the prison.

(2) Paragraph (1) shall not be construed as preventing a prisoner–

(a) from taking such steps, whether by means of correspondence, telephone calls or visits, as are necessary to protect the value of any interest he has in any property or business; or

(b) from writing articles or books intended for publication, whether or not such articles or books are written by the prisoner in a professional or vocational capacity, but any such activity shall only be permissible insofar as it is compatible with these Rules or any direction made for the purpose of these Rules and the prison regime in general.

PART 9 — SECURITY AND CONTROL

Supervision of the prison and control of prisoners

78

(1) Subject to the provisions of these Rules, the Governor shall be responsible for–

(a) the supervision of the whole prison; and

(b) the control of prisoners confined therein.

(2) The Governor shall as far as practicable visit and inspect daily those parts of the prison where prisoners are employed or accommodated.

Control of prisoners

79

(1) In the control of prisoners, an officer shall seek–

(a) to influence by example and leadership; and

(b) to enlist the willing cooperation of prisoners.

(2) An officer in dealing with a prisoner shall not use force unnecessarily and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used.

(3) No officer shall act in a manner deliberately calculated to provoke a prisoner.

Removal from association

80

(1) Where it appears to the Governor desirable for the purpose of–

(a) maintaining good order or discipline;

(b) protecting the interests of any prisoner; or

he may order in writing that a prisoner shall be removed from association with other prisoners, either generally or during any period the prisoner is engaged or taking part in a prescribed activity.

(2) If the Governor makes an order under paragraph (1) in relation to a prescribed activity, he may specify only one prescribed activity in the order.

(3) In this rule, “prescribed activity” means–

(a) work required to be undertaken in terms of rule 68;

(b) educational classes undertaken in terms of rule 72;

(d) taking exercise and spending time in the open air by virtue of rule 75; or

(e) recreational activities.

(4) If the Governor makes an order under paragraph (1), he shall–

(a) specify in the order whether the removal from association is–

(i) in general; or

(ii) in relation to a prescribed activity;

(b) if the removal is in relation to a prescribed activity, specify which activity the order relates to;

(d) record in the order the date and time it is made; and

(e) explain to the prisoner the reasons why the order is made.

(5) A prisoner who has been removed from association generally by virtue of an order made by the Governor in terms of paragraph (1) shall not be subject to such removal for a period in excess of 72 hours from the time of the order without the written authority of the Secretary of State.

(6) An authority granted by the Secretary of State under paragraph (5) shall have effect for a period not exceeding one month but may, on the application of the Governor, be renewed from month to month by the Secretary of State.

(7) A prisoner who has been removed from association in relation to a prescribed activity by virtue of an order under paragraph (1) shall not be subject to removal for a period in excess of 72 hours but the Governor may make a further order in relation to the same prescribed activities under paragraph (1), which shall be reviewed by him on a weekly basis thereafter.

(8) The Governor may order that a prisoner who is subject to removal from association under this rule may resume association with other prisoners and shall do so if the medical officer so advises on medical grounds.

(9) If a prisoner is moved by the Secretary of State from any prison to any other prison in terms of section 10 of the Act[^f00037], any order under paragraph (1), or any authority under paragraph (5), made or granted in relation to the prisoner whilst confined in the former prison shall cease to have effect, but without prejudice to the power of the Governor of the prison to which the prisoner is moved to make a new order under paragraph (1).

Prohibited articles

81

(1) Subject to paragraph (2), no prisoner shall have in his possession, or conceal or deposit anywhere within a prison, any prohibited article.

(2) A prisoner may be allowed to receive alcoholic liquor or controlled drugs under a written order of the medical officer specifying–

(a) the quantity and description of the liquor or drugs to be given; and

(b) the name of the prisoner for whose use it is intended.

(3) No person shall–

(a) convey or throw into, or conceal or deposit in, a prison;

(b) convey to a prisoner, whether inside or outside a prison; or

any prohibited article.

(4) The Governor may seize and detain any prohibited article which is–

(a) found in the possession of a prisoner or a visitor; or

(b) conveyed or thrown into, or concealed or deposited in, the prison,

in contravention of this rule.

Unauthorised property

82

(1) No prisoner shall have in his possession, or conceal or deposit anywhere within a prison, any property which he has not been authorised to possess or keep in terms of these Rules or by any officer.

(2) No prisoner shall have in his possession any property in a part of the prison which he has been authorised to possess only in some other part of the prison.

(3) Subject to paragraph (4), no person shall–

(a) convey or throw into, or conceal or deposit in, a prison;

(b) convey to a prisoner, whether inside or outside a prison; or

any article whatsoever.

(4) Paragraph (3) does not apply to any property which–

(a) the Governor has authorised a person–

(i) to convey into, or deposit in, the prison; or

(ii) to convey to a prisoner whether inside or outside a prison; or

(b) consists of a letter or package addressed to a prisoner and sent to the prison by means of the postal service or otherwise.

(5) The Governor may seize and detain–

(a) any property which a prisoner is not authorised to possess or keep in accordance with these Rules or by any officer and which is found in the possession of a prisoner, or concealed or deposited anywhere in the prison; or

(b) any article or property conveyed or thrown into, or concealed or deposited in, prison in contravention of paragraph (3).

(6) No prisoner (other than untried and civil prisone rs) shall be allowed to smoke or have any tobacco in his possession except as a privilege granted by virtue of rule 40 and provided that the prisoner is at least 16 years old.

Orders as to the use of restraints

83

(1) In this rule and rule 84, “restraint” means a body belt.

(2) The Governor may order that a prisoner be placed under a restraint where it appears to him that it is necessary to do so in order to restrain a prisoner–

(a) who threatens to injure, or is in the course of injuring, himself or other persons; or

(b) who threatens to damage, or is in the course of damaging, property; or

(3) Where the Governor makes an order under paragraph (2), he shall give notice of the order to the medical officer as soon as possible.

(4) On receipt of a notice under paragraph (3), the medical officer shall inform the Governor whether he concurs in the order and if he does not concur the Governor shall order the restraint to be removed immediately.

(5) The medical officer may order that a prisoner be placed under a restraint where it appears to him that it is necessary to do so in order to prevent self-injury.

(6) Where the medical officer makes an order under paragraph (5), he shall give notice of the order to the Governor as soon as possible.

(7) No prisoner shall be placed under a restraint as a punishment.

Conditions of use of restraints

84

(1) A prisoner shall not be placed under a restraint–

(a) any longer than is necessary; and

(b) without prejudice to sub-paragraph (a), for a period of more than 24 hours except with the authority of the Secretary of State.

(2) An authority given under paragraph (1) shall–

(a) state the grounds for continued use of the restraint and the time during which it may continue to be used; and

(b) require the medical officer to visit the prisoner at regular intervals.

(3) A restraint–

(a) shall be applied in such a manner; and

(b) when applied, shall be temporarily removed in such circumstances,

as may be specified in a direction by the Secretary of State.

(4) A prisoner who is placed under a restraint shall be visited by an officer at least once in every 15 minutes during the period he is under restraint.

(5) The medical officer shall examine a prisoner who is placed under a restraint immediately following–

(a) the placing of the restraint; and

(b) its removal (other than for a temporary purpose).

(6) The Governor shall forthwith–

(a) record particulars of every case of a prisoner placed under a restraint; and

(b) give notice to the Secretary of State of those particulars.

Temporary confinement

85

(1) The Governor may order the temporary confinement in a special cell of any prisoner who is refractory or acting in a violent manner.

(2) No prisoner shall be confined in a special cell pursuant to paragraph (1)–

(a) as a punishment; or

(b) for any longer than necessary and, in any event, no longer than a continuous period of 24 hours.

(3) Where the Governor makes an order under paragraph (1), he shall–

(a) give notice of the order to the medical officer as soon as possible; and

(b) record the particulars of the case.

(4) A prisoner who is temporarily confined pursuant to an order under paragraph (1) shall be visited–

(a) by the medical officer where a prisoner has been so confined for a continuous period in excess of 15 hours; and

(b) by an officer at least once in every 15 minutes during the period of the prisoner’s temporary confinement.

Control of admission of visitors

86

(1) An officer may, prior to admitting any visitor to the prison, ask the visitor–

(a) to state his name and address and the purpose of his visit; and

(b) to deposit for the duration of the visit any article in his possession which the officer considers may be prejudicial to security, good order or safety.

(2) An officer may, where he suspects that the visitor may have concealed anything which may be prejudicial to security, good order or safety, ask the visitor to consent to a search of–

(a) his person and any of his personal possessions; and

(b) his open mouth by visual examination of it without the use of force or any instrument.

(3) For the purposes of paragraph (2), a search shall not be construed as involving removal of any of the visitor’s clothing other than an outer coat, jacket, headgear and gloves.

(4) Without prejudice to section 41(3) of the Act, an officer may, in the event that a visitor refuses to comply with paragraph (1) or give consent for the purposes of paragraph (2), refuse to admit the visitor.

(5) Where a visitor consents to a search in terms of paragraph (2)(a)–

(a) the officer carrying out the search shall be of the same sex as the visitor;

(b) the search shall be carried out outwith the sight of any prisoner or other visitors, or of officers who are not of the same sex as the visitor; and

(6) Without prejudice to rule 63(1), any officer may terminate a visit and remove the visitor from the prison where–

(a) the officer has reasonable grounds for suspecting that the visitor is bringing in or taking out, or attempting to bring in or take out, anything which may be prejudicial to security, good order or safety; or

(b) the visitor’s conduct is prejudicial to good order or discipline.

(7) Where an officer refuses admission to a visitor or terminates a visit in terms of this rule, he shall record particulars of the matter, including his reasons.

(8) The Governor shall ensure that a notice explaining the effect of the provisions of this rule and of any directions regarding introduction or prohibited articles shall be displayed prominently in the visitors' area of the prison.

Viewing of prisons

87

(1) No person shall be permitted to view a prison unless authorised by any enactment or by the Governor or the Secretary of State.

(2) No person viewing the prison shall be permitted to take a photograph, make any film, sound recording or sketch or communicate with a prisoner unless authorised by any enactment or by the Governor or the Secretary of State.

(3) Without prejudice to paragraph (2), no person viewing the prison shall be permitted to take a photograph of a prisoner unless he has obtained the prisoner’s prior consent.

Searching of prisoners

88

(1) Every prisoner may be searched by an officer in accordance with the provisions of this rule.

(2) A search of a prisoner may take the form of–

(a) an examination of the prisoner’s person and clothing but without removal of the clothing;

(b) the removal and examination of the prisoner’s clothing;

(d) if the prisoner agrees, the visual examination of his open mouth without the use of force or any instrument.

(3) A search of a prisoner shall be carried out–

(a) only by an officer who is of the same sex;

(b) as expeditiously and decently as possible;

(i) by 2 officers of the same sex; and

(ii) outwith the sight of any other prisoner; and

(d) in accordance with any other conditions as may be specified in a direction by the Secretary of State.

(4) A prisoner may be searched at such times and in such circumstances as the Governor considers necessary.

(5) Subject to paragraph (2)(d), the power to search conferred by this rule shall not be construed as authorising the physical examination of a prisoner’s body orifices.

Searching of prisoners' property and cells

89

(1) Any item of property belonging to a prisoner may be searched by an officer at any time.

(2) The room or cell of every prisoner, including any item of property kept in it, shall be searched at such times as the Governor considers necessary.

Custody outside prison

90

(1) A prisoner required to be taken in legal custody anywhere outside a prison shall be kept in the custody or under the control of an officer or a constable.

(2) A prisoner being taken to or from a prison shall be–

(a) exposed to public view as little as possible; and

(b) protected so far as reasonably practicable from insult, curiosity and publicity in any form.

(3) Where a prisoner is allowed or is required to be present at any court, he shall wear his own clothing or ordinary civilian clothing provided by the Governor.

Special escorted leave

91

(1) In this rule, “special escorted leave” means leave of absence from the prison of a prisoner for the purpose of being escorted to his home or other approved place for a visit not exceeding 2 hours, excluding travelling time.

(2) On the application of an eligible prisoner, the Governor may grant special escorted leave if he is of the opinion that, having regard to the relevant criteria applicable to the granting of such leave and to any operational requirements, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner if at the time of his application he–

(a) is confined in a prison, or a category of prison, or a particular part of a prison, to which this rule applies;

(b) is a life prisoner or is serving a sentence for a term of more than 1 year;

(i) assigned security category C; or

(ii) in the case of a prisoner who is serving a sentence or period of detention for an indeterminate period, assigned that category but who is for certain purposes treated as if he were assigned security category D; and

(d) if serving a sentence for a term of more than 1 year, has served at least one third of the term of imprisonment which he is serving at the time of his application.

(4) For the purposes of special escorted leave in terms of this rule, the Secretary of State may specify in a direction–

(a) the prisons, categories of prisons, or parts of prisons to which this rule applies;

(b) the manner in which the Governor shall consider an application for special escorted leave;

(d) the conditions which may be imposed in relation to any approval of such an application; and

(e) the timing and duration of special escorted leave and the frequency with which it may be granted to an eligible prisoner.

Escorted exceptional day absence

92

(1) In this rule, “escorted exceptional day absence” means leave of absence under escort from the prison, for a period not exceeding 1 day, of a prisoner for the purpose of enabling him–

(a) to visit a near relative who it appears to the Governor is dangerously ill;

(b) to attend the funeral of a deceased near relative;

(c) to attend at any place for any other reason where the Governor is of the opinion there are exceptional circumstances.

(2) On the written application of a prisoner, the Governor may grant, subject to and in accordance with the provisions of this rule and any operational requirements, escorted exceptional day absence to the prisoner if he is satisfied that the purpose of the application is genuine and appropriate.

(3) If the prisoner concerned is for the time being assigned security category A, the Governor shall obtain the prior written consent of the Secretary of State to the granting of escorted exceptional day absence.

(4) Where the Governor grants escorted exceptional day absence, the prisoner concerned shall be escorted by an officer or officers throughout the period of his absence from the prison.

(5) For the purposes of escorted exceptional day absence in terms of this rule, the Secretary of State may specify in a direction–

(a) the criteria about which the Governor must be satisfied before granting leave of absence for the purpose specified in paragraph (1)(a);

(b) the persons who are to be treated as near relatives of the prisoner; and

Production of prisoners to court etc.

93

(1) Subject to paragraph (2), where any prisoner is directed under section 29 of the Criminal Justice Act 1961[^f00038] to be taken to any court or other place, he shall be kept in custody while being so taken, while at that place, and while being taken back to prison.

(2) Paragraph (1) shall not apply if the Governor considers it appropriate that a prisoner who is assigned security category D need not be escorted, in which event the Governor shall grant him unescorted exceptional day release in terms of rule 123.

PART 10 — DISCIPLINE

Conduct constituting a breach of discipline

94

In this part, “breach of discipline” shall be interpreted in accordance with Schedule 3 to these Rules.

Reports of breaches of discipline and removal from association

95

(1) Every suspected breach of discipline shall be reported forthwith in writing to the Governor by the officer to whose notice it has come.

(2) Subject to paragraphs (3) and (4), when the Governor receives a report in terms of paragraph (1), he may order in writing that the prisoner be removed from association with other prisoners in general pending adjudication of the charge of breach of discipline.

(3) A prisoner shall not be subject to such removal for a period in excess of 72 hours from the time of the order except where there are exceptional circumstances and the written authority of the Secretary of State has been obtained.

(4) An authority granted by the Secretary of State under paragraph (3) shall–

(a) have effect for a period not exceeding one month but may, on the application of the Governor, be renewed from month to month by the Secretary of State; and

(b) in any case cease to have effect when the charge has been adjudicated.

Disciplinary charges

96

(1) Where a prisoner is to be charged with a breach of discipline, the charge shall be brought as soon as possible and in any event, save in exceptional circumstances, within 48 hours of the discovery of the act or omission giving rise to the charge.

(2) Every charge offi a breach of discipline shall be brought by serving a written notice of the charge on the prisoner and any such notice shall be served no later than 2 hours before the time when it is to be inquired into by the Governor.

Inquiry into disciplinary charges

97

(1) Subject to paragraph (4), every charge of breach of discipline shall be inquired into by the Governor not later, save in exceptional circumstances, than the next day after it is brought or, where the next day is a Sunday or a public holiday, the day after that Sunday or public holiday.

(2) The Governor shall satisfy himself before commencing an inquiry into any charge that the prisoner concerned has had sufficient time to prepare his case.

(3) The Governor shall adjourn an inquiry, for such period of time as may be reasonably necessary, where he is satisfied that the prisoner requires further time to prepare his case or that there exist other reasonable grounds for an adjournment.

(4) Every prisoner against whom a charge is brought shall be given a full opportunity of–

(a) hearing what is alleged against him;

(b) presenting his own case and, subject to paragraph (5), calling witnesses on his own behalf; and

(5) The Governor may refuse to allow a prisoner to call any witness if, having discussed the matter with the prisoner, he is reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in determining whether the charge is proven.

(6) A prisoner may, as he wishes, be seated or may stand during the inquiry.

(7) The Governor may, on the application of a prisoner, permit him to be represented at the inquiry by a person who is entitled to practise in any part of the United Kingdom as a solicitor, an advocate or a barrister where in exceptional circumstances he considers such representation is necessary or desirable.

Adjudication of charges

98

(1) Subject to paragraph (2), the Governor shall be entitled to take into account any evidence, in whatever form, at the inquiry into any charge of breach of discipline.

(2) The Governor may only take into account the evidence of any person who has not given oral evidence at the inquiry if the prisoner concerned agrees.

(3) At the conclusion of an inquiry into any such charge, the Governor shall consider whether the charge has been proven beyond any reasonable doubt.

(4) If the Governor finds a prisoner guilty of a breach of discipline, he shall afford the prisoner an opportunity to make a plea in mitigation before considering whether to impose a punishment in terms of rule 100.

Breaches of discipline occurring immediately before or during transfer

99

(1) If a report is made under rule 95(1) by an officer in relation to a person liable to be detained in a young offenders institution who is moved from that institution to any prison, or a person detained in any prison who is moved to any other prison, and the suspected breach comes to the reporting officer’s notice within 3 days (or 4 days if that period would include a Sunday or a public holiday) of the day on which the person is moved from the institution or prison concerned, the Governor of the prison to which the person is moved may, if there was insufficient time to investigate and adjudicate the matter at the institution or prison concerned, receive the report and deal with the matter as if it had occurred after reception of the person in that prison.

(2) If a report is made under rule 95(1) by an officer in relation to a person detained in a young offenders institution who is moved to a prison, or a person detained in any prison who is moved to any other prison, and the suspected breach related to a period during which the person was in the course of being moved, the Governor of the prison to which the person is moved shall receive the report and deal with the matter as if it had occurred after reception of the person in that prison.

Governor’s punishments

100

(1) If he finds a prisoner guilty of a breach of discipline, the Governor may impose one or more of the following punishments:–

(a) a caution;

(b) forfeiture of any privileges granted under the system of privileges applicable to a prisoner for a period not exceeding 14 days;

(c) stoppage of or deduction from earnings for a period not exceeding 56 days and of an amount not exceeding 28 days' earnings;

(d) except in the case of a young prisoner, cellular confinement for a period not exceeding 3 days;

(e) in the case of a short-term or long-term prisoner whose sentence or period of detention was imposed on or after 1st October 1993, but subject to paragraphs (3) to (5), an award of additional days not exceeding 14 days;

(f) in the case of a prisoner who is an existing prisoner within the meaning of paragraph 1 of Schedule 6 to the 1993 Act who is serving a sentence of imprisonment for a term of more than 5 days, forfeiture of remission of sentence for a period not exceeding 14 days;

(g) in the case of a prisoner guilty of escaping or attempting to escape, forfeiture of the entitlement to wear his own clothing under rule 18 for any period as may be specified;

(h) in the case of an untried prisoner or a civil prisoner, forfeiture of either or both of the entitlements referred to in rules 41 and 46 for any period as may be specified; or

(i) forfeiture of the entitlement to withdraw money in terms of rule 45(3) for any period not exceeding 14 days.

(2) If an untried prisoner who is committed to prison for examination or trial on any criminal charge is found guilty of a breach of discipline–

(a) the Governor may make an award of additional days under paragraph (1)(e) notwithstanding that the prisoner has not (or had not at the time of the breach being committed) been sentenced; but

(b) any such award shall have effect only if the prisoner subsequently becomes a short-term or long-term prisoner whose sentence commences, by virtue of section 218(1) or 431(1) of the Criminal Procedure (Scotland) Act 1975[^f00039], on a date earlier than the date on which the sentence is passed.

(3) Subject to paragraphs (4) and (5), if a prisoner is found guilty of more than one breach of discipline arising out of an incident, punishments under this rule (except for cellular confinement imposed under paragraph (1)(d)) may be ordered to run consecutively.

(4) Subject to paragraph (5), if a prisoner is found guilty of more than one breach of discipline arising out of an incident, awards of additional days under paragraph (1)(e) may be ordered to run consecutively but the total awarded shall not exceed 28 days.

(5) Notwithstanding paragraph (1)(e), in the case of a short-term or long-term prisoner who is found guilty of a breach of discipline, an award of additional days shall not exceed one-sixth of his sentence, either–

(a) in respect of that breach; or

(b) when aggregated with the total of any award or awards of additional days which the prisoner may have been or is awarded under paragraph (1)(e) or (4).

(6) Where cellular confinement is imposed on a prisoner under paragraph (1)(d)–

(a) the Governor shall inform the medical officer as soon as possible;

(b) any entitlement of the prisoner in terms of these Rules shall not, by reason only of the imposition of such confinement, be affected except insofar as expressly provided in a direction made for the purposes of sub-paragraph (c); and

(c) the prisoner shall serve thefi period of confinement in accordance with the provisions of, and subject to any conditions imposed by, a direction made by the Secretary of State.

(7) In the case of a civil prisoner who is a prisoner committed to prison for contempt of court or for non-payment of a fine imposed for contempt of court–

(a) paragraph (1)(e) shall apply as if it read–

(e) in the case of a prisoner who is committed to prison on or after 1st October 1993 for contempt of court or for non-payment of a fine imposed for contempt of court, but subject to paragraphs (4) and (5), an award of additional days not exceeding 14 days;

(b) paragraph (1)(f) shall apply as if it read–

(f) in the case of a prisoner who is committed to prison before 1st October 1993 for a period of more than 5 days for contempt of court or for non-payment of a fine imposed for contempt of court, forfeiture of remission of the period of committal for a period not exceeding 14 days;

(i) the words “short-term or long-term prisoner” read “prisoner who is committed to prison for contempt of court or for non-payment of a fine imposed for contempt of court”; and

(ii) the words “his sentence” read “his period of committal”.

(8) Except as indicated in paragraph (7), paragraphs (1)(e) and (f), (4) and (5) shall not apply to civil prisoners.

Suspended punishments

101

(1) The power of the Governor to impose a punishment under rule 100(1) (other than a caution) includes power to direct that the punishment shall not take effect unless, during such period of the prisoner’s sentence as shall be specified in the direction (not being more than 6 months (or 3 months in the case of an untried prisoner) from the date of the direction), the prisoner commits another breach of discipline and a direction is given under paragraph (2).

(2) Where a prisoner is found guilty of a breach of discipline committed during the period specified in a direction by the Governor under paragraph (1) then the Governor dealing with that breach may–

(a) direct that the suspended punishment shall take effect;

(b) reduce the period or the amount of the suspended punishment and direct that it shall take effect as so reduced;

(c) vary the original direction by substituting for the period specified a period expiring not later than six months from the date of variation; or

(d) give no direction with respect to the suspended punishment.

PART 11 — REQUESTS AND COMPLAINTS

Requests to speak to an officer of the Secretary of State, a member of the visiting committee, a sheriff or a justice of the peace

102

(1) Where a prisoner makes a request to speak to–

(a) an officer of the Secretary of State;

(b) a member of the visiting committee, or

the request shall be recorded by the officer to whom it is made and conveyed without delay to the Governor.

(2) The Governor shall inform any such person as mentioned in sub-paragraphs (a) to (c) of paragraph (1) as soon as reasonably practicable of any request by a prisoner to speak to him.

Requests and complaints to the visiting committee

103

Every prisoner intimating to an officer his desire to write a letter of request or complaint to the visiting committee shall be supplied with paper for the purpose, and the Governor shall ensure that every such letter is posted without delay.

Requests and complaints to the residential officer

104

(1) A prisoner who desires to make a request or complaint concerning any matter, other than one specified in rules 102, 103, 108, 110, 111 and 112, may do so subject to and in accordance with the following provisions of this rule.

(2) Subject to paragraph (3), such a request or complaint–

(a) may be made orally or in writing; but

(b) shall be made by the prisoner to the residential officer in the first instance.

(3) If the prisoner intends to make a complaint against any officer or employee he must make the complaint in writing.

(4) If a prisoner requires assistance with the making of the written request or complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(5) Subject to paragraph (6), the residential officer shall give a reply to the prisoner within 24 hours of receiving the request or complaint and shall give a written reply to any request or complaint which was made in writing.

(6) If the residential officer is unable to reply within the period specified in paragraph (5), he shall inform the prisoner within that period when he considers he will be able to reply and shall thereafter give a written reply as soon as reasonably practicable.

(7) This rule does not affect any right of a prisoner to make any request or complaint at any time to any person or body other than the Secretary of State and any officer of the prison.

Requests and complaints to the residential unit manager

105

(1) If a prisoner has made a request or complaint in terms of rule 104 and is dissatisfied with the reply given, he may refer the request or complaint in writing to the residential unit manager.

(2) If the prisoner requires assistance with the making of the written request or complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) Subject to paragraph (4), the residential unit manager shall give a written reply within 24 hours of receiving the written request or complaint.

(4) If the residential unit manager is unable to reply within the period specified in paragraph (3), he shall inform the prisoner within that period when he considers he will be able to reply and shall thereafter give a reply as soon as reasonably practicable.

(5) When the residential unit manager gives his reply he shall inform the prisoner of his right to refer the request or complaint to the internal complaints committee if he is dissatisfied with his reply.

Referral of requests and complaints to the internal complaints committee

106

(1) If a prisoner is dissatisfied with the reply given in relation to a request or complaint by the residential unit manager in terms of rule 105(3) or (4), he may make a written referral of the request or complaint to the internal complaints committee (“the committee”) consisting of not fewer than 3 officers or employees.

(2) If the prisoner requires assistance with the making of the written request or complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) The request or complaint shall be inquired into by the committee not later than 7 days after the date on which the referral is made.

(4) The prisoner making the referral may–

(a) attend the inquiry and make representations to the committee;

(b) be assisted at the inquiry by–

(i) an officer or an employee, a member of the visiting committee, or any person who ordinarily works at the prison but who is not employed by the Secretary of State; or

(ii) where the officer acting as chairman of the committee is satisfied that there are exceptional circumstances, another prisoner at the prison concerned,

if the person concerned has agreed to assist the prisoner;

(d) ask questions of any person giving evidence at the inquiry.

(5) If a prisoner making a referral intends–

(a) to call witnesses to give evidence in support of his request or complaint; or

(b) to be assisted by any person as mentioned in paragraph (4)(b),

he shall give written notice of that intention and the reasons why he considers this is necessary.

(6) The officer acting as chairman of the committee may refuse to allow a prisoner to call a particular witness if, having discussed the matter with the prisoner, he is reasonably satisfied that the evidence which the witness is likely to give will be of no relevance or value in considering the request or complaint and, in that event, the officer shall inform the prisoner concerned prior to the hearing.

(7) Subject to paragraphs (8) and (9), at the conclusion of the inquiry, the committee shall–

(a) consider and decide upon such recommendations as it sees fit in relation to the request or complaint;

(b) inform the prisoner of its decision at that time; and

(8) Subject to paragraph (9), if the committee is unable to give a decision at the time of the inquiry, it shall inform the prisoner of the decision in writing within 48 hours of the conclusion of the inquiry.

(9) If in exceptional circumstances the committee is unable to inform the prisoner of its decision within the period specified in paragraph (8), it shall inform the prisoner–

(a) within that period of the reasons for the delay and when the committee considers it will be able to give its decision; and

(b) of its decision as soon as reasonably practicable thereafter.

(10) The officer acting as chairman of the committee shall inform the Governor of the decision.

(11) The Governor shall take such action as is possible in order to give effect to any recommendation the committee may make in relation to the request or complaint.

Referral of requests and complaints to the Governor

107

(1) If a prisoner is dissatisfied with the decision of the internal complaints committee in terms of rule 106 in relation to a request or a complaint which he referred to it, he may refer the request or complaint to the Governor.

(2) If the prisoner requires assistance with the making of the written request or complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(3) The Governor shall consider the request or complaint within 7 days of the date on which it is referred except where it is not reasonably practicable for him to do so.

(4) The Governor may, at the request of the prisoner, discuss the request or complaint with the prisoner.

(5) If the Governor refuses a request by a prisoner to discuss the request or complaint, he shall inform the prisoner of his reasons and record that decision in writing.

(6) After considering the referral, the Governor may–

(a) reject the request or complaint; or

(b) substitute or amend any recommendation made by the internal complaints committee in terms of rule 106(7) or make any other recommendation as he considers appropriate and give effect to the recommendations as substituted or amended.

(7) The Governor shall inform the prisoner of his decision in writing and of the prisoner’s right to refer the request or complaint to the Secretary of State in terms of rule 109.

Requests and complaints to the Governor in relation to confidential matters

108

(1) Notwithstanding rules 104 to 107, a prisoner who desires to make a request or complaint to the Governor concerning any confidential matter which is of an exceptionally sensitive or serious nature may do so in writing subject to and in accordance with the following provisions of this rule.

(2) The prisoner shall, if he desires to make such a request or complaint, give a sealed envelope containing the written request or complaint to the residential officer, who shall convey the request or complaint without delay to the Governor.

(3) If the Governor is of the opinion that the request or complaint is not of an exceptionally sensitive or serious nature, he shall inform the prisoner without delay that he must make the request or complaint in accordance with rule 104.

(4) Subject to paragraph (3), the Governor shall consider the request or complaint and inform the prisoner of his decision within 7 days of the date on which the request or complaint was made except where it is not reasonably practicable for him to do so.

Referral of requests and complaints to the Secretary of State

109

(1) Except in relation to any matter specified in rule 110, or an appeal made under rule 111(2)(b), the Secretary of State shall be under no obligation to consider a request or complaint by a prisoner unless it has been referred to him in terms of this rule.

(2) Subject to paragraph (1), a prisoner may refer a request or complaint to the Secretary of State in writing if he is dissatisfied with the decision of the Governor in terms of rule 107 or 108 in relation to that request or complaint.

(3) If the prisoner requires assistance with the making of the written request or complaint, an officer appointed by the Governor for the purpose shall provide such assistance as is reasonably practicable in the circumstances.

(4) The Secretary of State shall give a written decision within 14 days of the date on which a request or complaint has been referred to him except where it is not reasonably practicable for him to do so.

(5) After considering the referral, the Secretary of State may–

(a) reject the request or complaint; or

(b) substitute or amend any recommendation made, substituted or amended by the Governor in terms of rule 107(6) or give any other instruction to the Governor he considers appropriate,

and shall inform the prisoner and the Governor of his decision.

(6) Following receipt of the Secretary of State’s decision, the Governor shall take such action as is necessary in order to give effect to any instruction which the Secretary of State has made in relation to the request or complaint.

Requests, complaints and representations to the Secretary of State in relation to certain matters

110

(1) Notwithstanding rule 109, a prisoner who desires to make any request or complaint, or representations, in relation to any matter mentioned in paragraph (2) may do so in writing directly to the Secretary of State.

(2) This rule applies to the following matters–

(a) a request or complaint by a prisoner in connection with a transfer out of the United Kingdom under the Repatriation of Prisoners Act 1984[^f00040];

(b) a request to be transferred to another part of the United Kingdom or to any of the Channel Islands or the Isle of Man under section 26 or 27 of the Criminal Justice Act 1961[^f00041];

(d) representations to the Secretary of State as regards any matter concerning a prisoner’s release on licence under the Act or Part I of the 1993 Act or his return to prison or detention by virtue of the Act or Part I of the 1993 Act.

Appeals in relation to disciplinary proceedings

111

(1) A prisoner who is found guilty of any breach of discipline may appeal in accordance with this rule–

(a) against such a finding of guilt and any punishment imposed in respect of the breach; or

(b) in the case of any punishment imposed under rule 100(1), against the punishment only.

(2) A prisoner may make such an appeal–

(a) where any officer other than the Governor in charge of the prison adjudicated the charge, by appealing in writing to the internal complaints committee; or

(b) where the Governor in charge of the prison adjudicated the charge, by appealing to the Secretary of State.

(3) Where a prisoner makes an appeal in terms of paragraph (2)(a) to the internal complaints committee–

(a) the appeal shall be dealt with as a complaint made under rule 106; and

(b) if recommended to do so by the committee, the Governor may–

(i) quash any finding of guilt; or

(ii) remit or mitigate any punishment (other than a punishment imposed under sub-paragraph (b), (d), (g) or (i) of rule 100(1) where the period for which the punishment was imposed has expired by the date of the decision of the appeal).

(4) If a prisoner who has appealed in terms of paragraph (2)(a) to the internal complaints committee is dissatisfied with the decision of the committee and refers the matter to the Governor under rule 107, or subsequently to the Secretary of State under rule 109–

(a) the powers of the Governor under rule 107(6) shall include the same powers as mentioned in paragraph (3)(b); and

(b) the powers of the Secretary of State under rule 109(5) shall include the power to instruct the Governor–

(i) to quash any finding of guilt;

(ii) to remit or mitigate any punishment (other than a punishment imposed under sub-paragraph (b), (d), (g) or (i) of rule 100(1) where the period for which the punishment was imposed has expired by the date of the decision of the appeal); or

(iii) to substitute another punishment which is, in the Secretary of State’s opinion, less severe.

(5) Where a prisoner makes an appeal in terms of paragraph (2)(b) to the Secretary of State–

(a) the appeal shall be dealt with as a complaint referred to him under rule 109; and

(b) the powers of the Secretary of State under rule 109(5) shall include the same powers as mentioned in paragraph (4)(b).

(6) Following the conclusion of the appeals procedure in relation to an appeal in accordance with this rule, a prisoner shall not be entitled to make any further request, complaint or appeal under this Part of these Rules in relation to the same matter to which the breach of discipline in question related, except for any request which he may make in terms of rule 112 in relation to a punishment imposed in terms of rule 100(1)(e) or (f).

Requests for restoration of forfeited remission or rescinding awards of additional days

112

(1) Without prejudice to rule 111(1), if a prisoner desires to make a request for the–

(a) remission or mitigation of any award of additional days which has been made in terms of rule 100(1)(e); or

(b) restoration of any remission of sentence which has been forfeited in terms of rules 100(1)(f),

he may make that request in writing directly to the Governor.

(2) The Governor shall consider the request and may grant it, either in whole or in part, if–

(a) the prisoner’s conduct has been exemplary for a sustained period of time; or

(b) whether or not his conduct has been exemplary for a sustained period, the grant of the request is justified by particularly meritorious conduct demonstrated at any time subsequent to the award of additional days or the forfeiture of remission of sentence.

(3) The Governor shall inform the prisoner of his decision in writing within 7 days of the date on which the request was made.

Direction with respect to requests, complaints and appeals

113

The Secretary of State may provide in a direction such conditions with respect to the form and manner in which–

(a) any request, complaint and appeal as mentioned in rules 104 to 112 may be made or referred; and

(b) any reply or decision in relation to such a request, complaint and appeal may be given,

as he considers appropriate.

PART 12 — FEMALE PRISONERS

Separation of male and female prisoners

114

Female prisoners shall be accommodated in rooms or cells which are entirely separate from rooms or cells used for the accommodation of male prisoners.

Pregnancy and confinement

115

(1) The medical officer shall notify the Governor if he considers that a prisoner is pregnant or if a prisoner is likely to give birth prior to the expiration of her sentence or period of committal.

(2) The Governor shall not notify any friend or relative of the prisoner of her pregnancy without her consent except where–

(a) in the case of a young offender who is under 18 years of age, the Governor considers it appropriate to do so; or

(b) in any other case, the prisoner is incapable of giving consent by reason of illness and the Governor has no reason to think that such consent would be refused.

(3) A prisoner who is pregnant shall–

(a) not be required to undertake any work of a strenuous nature in the later stages of her pregnancy;

(b) be provided with food and drink which take into account any dietary requirements during pregnancy; and

(c) where by virtue of her condition she requires to be removed from association with other prisoners, be kept under supervision to such extent as is reasonably practicable or be required to share accommodation in a room or cell with a suitable prisoner where the Governor and the medical officer consider this is appropriate.

(4) The medical officer shall arrange for the transfer of any prisoner who is pregnant to a hospital outwith the prison for the purposes of giving birth.

Accommodation of female prisoners' babies

116

(1) Subject to paragraph (2), the Governor may permit a female prisoner to have her baby with her in prison, and everything necessary for the baby’s maintenance and care, including a suitable cot, shall be provided by the Governor.

(2) Subject to any direction by the Secretary of State for the purposes of this rule, the Governor may in granting permission under paragraph (1) impose such conditions as he thinks fit.

(3) A female prisoner who is permitted to have her baby with her in prison may, with the consent of the Governor, arrange, at her expense or at the expense of some other person, for the provision of additional articles or food for the baby’s maintenance or care.

PART 13 — TRANSFER AND DISCHARGE OF PRISONERS

Pre-release preparation

117

The Governor shall at the appropriate time discuss with every prisoner his immediate needs on release and may also arrange for any other person to see the prisoner to discuss such needs.

Medical examination prior to transfer or release

118

(1) The medical officer shall examine any prisoner who is receiving medical treatment or is for the time being fi under his supervision before that prisoner is–

(a) taken from prison to any place; or

(b) released from prison.

(2) No prisoner as mentioned in paragraph (1) shall be taken from prison to any place (other than a hospital in an emergency) until the medical officer certifies that he is fit to travel.

(3) Subject to paragraph (4), no prisoner as mentioned in paragraph (1) who is due to be released shall be discharged from prison until the medical officer certifies that he is fit to travel.

(4) Paragraph (3) shall not apply where the prisoner does not consent to remain in prison after the time he is due to be released.

Provision of clothing and return of property on release of prisoner

119

(1) At the time of his release, a prisoner shall be entitled to the return of all clothing and other items of property belonging to him which have been accepted into or purchased within prison and which have not been disposed of or destroyed pursuant to rule 43(2).

(2) Where at the time of his release, a prisoner has insufficient clothing of his own, the Governor shall provide suitable clothing for his immediate needs following release.

PART 14 — TEMPORARY RELEASE

Short home leave, Christmas and summer leave and pre-Training for Freedom leave

120

(1) In this rule–

(a) “short home leave” means temporary release from a prison of a prisoner for the purpose of enabling him to visit his home or other approved place for a period not exceeding 48 hours, excluding travelling time;

(b) “Christmas and summer leave” means temporary release from a prison of a prisoner for the purpose of enabling him to visit his home or other approved place for a period of up to 5 days, excluding travelling time, at Christmas or during the summer; and

(c) “pre-Training for Freedom leave” means temporary release from a prison of a prisoner who has been approved for transfer to a training for freedom hostel, for the purpose of enabling him to visit his home or other approved place for a period not exceeding 5 days, excluding travelling time, prior to transfer to such a hostel.

(2) On the application of an eligible prisoner and subject to rule 126, the Governor may grant the prisoner short home leave, Christmas and summer leave or pre-Training for Freedom leave if he is of the opinion that, having regard to the relevant criteria applicable to the granting of such leave, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of his application he

(a) is confined at a prison or in a particular hall of a prison to which this rule applies;

(b) is a life prisoner or is serving a sentence for a term of more than 1 year;

(c) is assigned security category D and has been assigned that category for at least 6 weeks prior to his application; and

(d) is not disqualified from consideration for any reason specified in rule 124.

Long home leave

121

(1) In this rule, “long home leave” means the temporary release of a prisoner for the purpose of enabling him to visit his home or other approved place for a period not exceeding 5 days, excluding travelling time.

(2) On the application of an eligible prisoner and subject to rule 126, the Governor may grant the prisoner long home leave if he is of the opinion that, having regard to the relevant criteria applicable to the granting of such leave, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of his application he–

(a) is confined at a prison or in a particular hall of a prison to which this rule applies;

(b) is serving a sentence for a term of more than 1 year and has not less than 2 months to serve before his earliest date of release;

(c) is assigned security category D and has been assigned that category for at least 6 weeks prior to his application; and

(d) is not disqualified from consideration for any reason specified in rule 124.

Pre-parole/pre-life licence leave

122

(1) In this rule, “pre-parole/pre-life licence leave” means temporary release of an eligible prisoner for the purposes of enabling him to visit his home or other approved place for a period not exceeding 3 days prior to the date fixed for his release on licence.

(2) On the application of an eligible prisoner and subject to rule 126, the Governor may grant the prisoner pre-parole/pre-life licence leave if he is of the opinion that–

(a) the period of leave will materially assist preparations for the prisoner’s release; and

(b) having regard to the relevant criteria applicable to the granting of such leave, it is appropriate to do so.

(3) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of his application–

(a) he is not disqualified from consideration for any reason specified in rule 124;

(b) he is assigned security category D;

(d) he is–

(i) an “existing life prisoner” within the meaning of paragraph 1 of Schedule 6 to the 1993 Act and the Parole Board for Scotland has recommended his release on licence in terms of section 25 or 26[^f00042] of the Act;

(ii) an “existing prisoner” or an “existing child detainee” within the meaning of paragraph 1 of Schedule 6 to the 1993 Act who is serving a sentence of imprisonment or detention for a period of 18 months or more and the Parole Board for Scotland has recommended his release on licence in terms of section 22 or 25 of the Act;

(iii) a life prisoner whose sentence was imposed on or after 1st October 1993 and the Parole Board for Scotland has recommended his release on licence in terms of section 1 of the 1993 Act;

(iv) a long-term prisoner and the Parole Board for Scotland has recommended his release on licence in terms of section 1, 6 or 7 of the 1993 Act, and the Secretary of State has on the basis of that recommendation decided that the prisoner should be released on licence; or

(v) a discretionary life prisoner within the meaning of section 2 of the 1993 Act and the Secretary of State has decided to refer the prisoner’s case to the Parole Board for Scotland.

Unescorted exceptional day release of prisoners in security category D

123

(1) In this rule “unescorted exceptional day release” means the temporary release for a period not exceeding 1 day of an eligible prisoner who is for the time being assigned security category D for the purpose of enabling him–

(a) to visit a near relative who it appears to the Governor is dangerously ill;

(b) to attend the funeral of a deceased near relative;

(d) to attend at any place for any other reason where the Governor is of the opinion there are exceptional circumstances.

(2) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of his application he is–

(a) not an untried or a civil prisoner; and

(b) not disqualified from consideration for any reason specified in rule 124.

(3) The Governor may grant unescorted exceptional day release on the written application of an eligible prisoner.

Circumstances where prisoners are disqualified from fi consideration for temporary release

124

A prisoner shall be disqualified from being considered for temporary release in terms of rules 120 to 123 if he is for the time being–

(a) an appellant;

(b) subject to proceedings under the Extradition Act 1989;

(d) in the opinion of the medical officer, otherwise unfit.

Recall of prisoners granted temporary release

125

The Secretary of State may make an order recalling to prison any prisoner who has been granted temporary release, whether the conditions upon which he has been granted such release have been broken or not.

Direction with respect to temporary release

126

For the purposes of temporary release consisting of any form of leave or release specified in rules 120 to 123, the Secretary of State may specify in a direction–

(a) the prisons or any halls within particular prisons to which any of those rules applies;

(b) the manner in which the Governor shall consider an application for any such form of temporary release;

(c) the relevant criteria about which the Governor must be satisfied before he may grant any such form of temporary release;

(d) the conditions which may be imposed in relation to any approval of such an application;

(e) the timing and duration of any such form of temporary release and the frequency with which it may be granted to an eligible prisoner; and

(f) the persons who are to be treated as a near relative of the prisoner.

PART 15 — OFFICERS AND EMPLOYEES

General duty of officers and employees

127

It shall be the duty of every officer and employee–

(a) to conform to these Rules;

(b) to obey any lawful instructions of the Governor or of the Secretary of State; and

(c) to inform the Governor promptly of any breach of these Rules or any abuse or impropriety which comes to his knowledge.

Transactions with prisoners or in connection with the prison

128

(1) No officer or employee shall take part in any business or pecuniary transaction with, or on behalf of, a prisoner, except with the authority of the Secretary of State.

(2) Except with the authority of the Governor, no officer or employee shall–

(a) bring in or take out, or attempt to bring in or take out, or knowingly allow to be brought in or taken out, to or for any prisoner; or

(b) deposit in any place with intent that it shall come into the possession of any prisoner,

any article whatsoever.

Fees and gratuities

129

No officer or employee shall–

(a) receive any unauthorised fee, gratuity or other consideration in connection with his duties as an officer or employee;

(b) directly or indirectly, have any interest in any contract in connection with the prison or any other prison; or

(c) receive any fee, gratuity or other consideration from or on behalf of any contractor at, or any person tendering for a contract in connection with, the prison or any other prison.

Searches of officers and employees

130

(1) If the Governor has reasonable grounds for suspecting that any officer or employee may have concealed, either on his person or in any place within the prison, anything which is or may be prejudicial to security, good order or safety, he may order the carrying out of a search–

(a) of the officer or employee; and

(b) of any article of property belonging to the officer or employee which is in his possession whilst he is in the prison, or which is kept by him in his locker or any other place within the prison.

(2) The power of search conferred by paragraph (1) shall–

(a) not be construed as authorising the Governor to require an officer or employee to remove any of his clothing other than an outer coat, jacket, headgear and gloves; and

(b) include power to use reasonable force where necessary.

(3) A search of an officer or employee shall be carried out within the prison–

(a) by at least 2 officers who shall be of the same sex as the officer or employee being searched;

(b) outwith the sight of any other person; and

Communications to the press etc.

131

(1) No officer or employee shall make, directly or indirectly, any unauthorised communication to a representative of the press or any other person concerning matters which have become known to him in the course of his duties.

(2) No officer or employee shall, without the authority of the Governor or, in such circumstances as the Secretary of State may specify in a direction, publish any matter or make any public pronouncement relating to the administration of any institution to which the Act applies or to any person who may be lawfully confined therein.

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