The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Code of Discipline

132

The Secretary of State may approve a Code of Discipline to have effect in relation to officers and employees, or such categories of officers and employees as it may specify, setting out the offences against discipline, the awards which may be made in respect of them and the procedure for dealing with charges and any appeals against findings of guilt or disciplinary awards.

PART 16 — VISITING COMMITTEES

Constitution of visiting committees

133

• (1) On and after 1st January 1995 there shall be a visiting committee constituted in accordance with this rule for each prison specified in column 1 of Schedule 4 to these Rules.

• (2) The members of a visiting committee for each prison specified in column 1 of Schedule 4 shall be appointed in accordance with this rule by the regional council and district council specified in column 2 of that Schedule in relation to that prison and each such council shall appoint the number of members of the committee specified in column 3 of that Schedule in relation to that council.

• (3) Not less than one-third of the total number of members required to be appointed under paragraph (2) to a visiting committee shall be persons who are not members of the council which appoints them.

• (4) Any person with a direct financial interest in any contract for the supply of goods or services to the prison or any other prison shall not be eligible for appointment to the visiting committee for that prison.

• (5) The member or members of a visiting committee to be appointed by a council in terms of paragraph (2) shall be appointed with effect from 1st January 1995 at a meeting of the council held at any time prior to that date.

• (6) A member of a visiting committee shall cease to hold office if–

• (a) he resigns;

• (b) either the council who appointed the member or the Secretary of State terminate the member’s appointment if either is satisfied that–

• (i) the member has failed satisfactorily to perform his duties;

• (ii) the member is for any other reason incapable of carrying out his duties;

• (iii) subsequent to his appointment, the member has been convicted of such a criminal offence, or his conduct has been such, that it is not fitting that he should remain a member; or

• (iv) the member has a direct financial ifi nterest contrary to the terms of rule 140; or

• (c) having been appointed a member whilst also a member of the council, the council terminate his appointment by reason of his having ceased to be a member of the council.

• (7) The chairman of a visiting committee shall report to the council responsible for appointing any member of the visiting committee any circumstances which he considers might reasonably give cause for termination in terms of paragraph (6) of the appointment of the member appointed by that council.

• (8) If for any reason the requisite number of members of a visiting committee is not appointed at the proper time in terms of paragraph (5), or if for any cause a vacancy occurs in a visiting committee, the council responsible for the appointment may at any time and as soon as possible after the vacancy occurs appoint a person to fill the vacancy.

Proceedings of visiting committees

134

• (1) At the first meeting of a visiting committee, the members shall–

• (a) elect from the membership, a chairman and a deputy chairman each for a period of 3 years, and thereafter shall fill any vacancy in that office promptly; and

• (b) appoint a person (not being an officer of the Secretary of State) to act as a clerk to the Committee.

• (2) The chairman of the visiting committee shall report to the Secretary of State the names and addresses of the members of the committee immediately after the first meeting and, thereafter, whenever a change in these details or in the membership occurs.

• (3) The visiting committee for a prison shall meet at the prison at least once in every period of 3 months.

• (4) A visiting committee may appoint from its membership sub-committees and may delegate specific duties to any such sub-committee for the purpose of carrying out its functions.

• (5) A visiting committee shall fix a quorum of not less than one-third of the total number of members required to be appointed to that committee for the purpose of its proceedings, and for the proceedings of any sub-committee appointed under paragraph (4).

• (6) The proceedings of a visiting committee shall not be invalidated by any vacancy in the membership or any defect in the appointment of a member.

• (7) A visiting committee shall keep minutes of its proceedings and shall send a copy of such minutes to the Governor and to the Secretary of State.

General duties of visiting committees and members of committees

135

• (1) A visiting committee shall co-operate with the Secretary of State and the Governor in promoting the efficiency of the prison and shall inquire into and report to the Secretary of State upon any matter into which he may ask it to inquire.

• (2) The visiting committee shall–

• (a) immediately bring to the notice of the Governor any circumstances relating to the administration of the prison or the condition of any prisoner which appear to it to be expedient to report for his consideration; and

• (b) bring such circumstances to the notice of the Secretary of State if it appears to the committee that the Governor has not remedied any matter which he has been notified of within such period as appears to the committee to be reasonable.

• (3) The visiting committee shall from time to time inquire into the state of the prison premises and shall–

• (a) inspect, in particular, the food and drink provided to prisoners; and

• (b) in relation to any such inquiry–

• (i) record particulars of every visit made, together with any deficiencies found during such visits, in the committee’s minute book; and

• (ii) promptly send a copy of such particulars to the Secretary of State and to the Governor.

• (4) The visiting committee shall also discharge such other duties as the Secretary of State may from time to time assign to it.

• (5) No person who is or has been a member of a visiting committee shall disclose any information mentioned in paragraph (6) which he holds or has held as a member.

• (6) The information referred to in paragraph (5) is any information obtained–

• (a) by any member of a visiting committee which relates to the prison, any officer of the prison or any prisoner; and

• (b) on terms or in circumstances requiring it to be held in confidence.

• (7) Paragraph (5) does not apply to any disclosure of information mentioned in paragraph (6) made to any person, or for any purpose, permitted by the provisions of this Part.

Investigation of complaints

136

• (1) The visiting committee and any member shall hear and investigate any complaint which a prisoner makes to it and him.

• (2) Where a member of the committee wishes to see any prisoner in connection with a complaint, the Governor shall make arrangements for the member to do so, whether in the prisoner’s room or cell or in some other part of the prison, but in any case outwith the sight and hearing of an officer unless either party requests otherwise.

• (3) The visiting committee shall–

• (a) record particulars of its findings in relation to its investigation of a prisoner’s complaint in its minute book;

• (b) promptly send a copy of such findings to the Secretary of State and to the Governor; and

• (c) orally inform the prisoner concerned of its findings.

Visits to prisons by members of visiting committees

137

Not fewer than 2 members of a visiting committee shall visit the prison at least fortnightly and for this purpose the committee shall arrange a rota of attendance at the prison.

Inspection of prison records

138

• (1) The visiting committee or any member of the committee may inspect prison records other than–

• (a) personnel records;

• (b) prisoners' records; and

• (c) security manuals or other papers which have implications for security.

• (2) The visiting committee shall record particulars of any inspection of prison records in its minute book.

Annual report

139

• (1) The visiting committee shall make an annual report for the period of 12 months ending on 31st March each year to the Secretary of State concerning the state of the prison and its administration and may include in it any advice and suggestions it considers appropriate.

• (2) The said annual report shall be delivered as soon as possible after the last day of March in each year.

Conflicts of interest

140

A member of the visiting committee shall not have any direct financial interest in any contract for the supply of goods or services to the prison for which the committee is appointed or any other prison.

PART 17 — SUPPLEMENTARY

Remission of sentence or period of detention

141

• (1) This rule applies only to a person who, at 1st October 1993, was–

• (a) serving a sentence of imprisonment for a term of more than 5 days;

• (b) serving a sentence of detention in a young offenders institution for a term of more than 5 days; or

• (c) detained in prison on committal for a term of more than 5 days for contempt of court,

where that sentence or detention was imposed prior to that date.

• (2) A person to whom this rule applies may, on the grounds of his industry and good conduct, be granted remission in accordance with the provisions of this rule.

• (3) This rule shall not permit the reduction of the actual term which a person serves to less than 5 days.

• (4) The remission granted under this rule shall not exceed one-third of the term of the person’s sentence or detention.

• (5) This rule shall have effect subject to any disciplinary punishment of forfeiture of remission made under–

• (a) rule 43(2)(a) or 45(1)(a) of the 1952 Rules;

• (b) rule 42(2)(a) or 44(1)(a) of the 1965 Rules; or

• (c) rule 100(1)(f) of these Rules.

Directions

142

Where any provision of these Rules provides that the Secretary of State may give a direction, unless the contrary intention appears, the Secretary of State may make provision in the direction–

• (a) in relation to all cases in respect of which the direction may be given, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or classes of case;

• (b) as respects the cases in relation to which it is given, that the direction applies either unconditionally, or subject to any specified condition; or

• (c) which is incidental or supplementary to the purpose in respect of which the direction may be given.

Revocations

143

Subject to rule 144, the rules specified in Schedule 5 are hereby revoked.

Savings and transitional provisions

144

Notwithstanding rule 143, the savings and transitional provisions specified in Schedule 6 shall have effect.

SCHEDULE 1 — MODIFICATION OF THE RULES IN THEIR APPLICATION TO YOUNG OFFENDERS INSTITUTIONS AND YOUNG OFFENDERS

Modification of rule 32

1

For rule 32(2) there shall be substituted the following paragraph:–

(2) Where a young offender is moved from any institution to any other institution, or to a prison in terms of section 20A or 21 of the Act[^f00043], the medical officer of the institution from which he is moved shall send his medical record to the medical officer of the institution or, as the case may be, the prison to which he is moved.

Modification of rule 57

2

• (1) For rule 57(1)(b) there shall be substituted the following sub-paragraph:–

(b) is moved from a young offenders institution (or, if he is detained in a prison by virtue of section 20A or 21 of the Act, a prison) to any other institution or to any prison, whether or not for the purpose of enabling him to use any accumulated unused allowance of visits;

• (2) In rule 57(1), (2) and (3), the word “prison” shall apply as if it read “young offenders institution or prison”.

Substitution of rule 75

3

For rule 75 there shall be substituted the following rule:–

(75) (1) Every young offender shall regularly be given such physical recreation, training and exercise as are required to promote health and physical well being. (2) Every young offender shall be entitled to be given physical recreation, training and exercise in terms of paragraph (1) in association with other young offenders 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 young offenders physical recreation, training and exercise in terms of paragraph (1) due to exceptional circumstances pertaining in a young offenders institution, he may by direction provide that paragraph (1) shall not apply in relation to young offenders in that institution until such time as he considers that it is so practicable.

Modification of rule 80

4

In rule 80(3)(d), for the words “taking exercise and spending time in the open air” there shall be substituted “physical recreation, training and exercise given”.

Substitution of rule 133

5

For rule 133 there shall be substituted the following rule:–

(133) Of the total membership of the visiting committee for each young offenders institution appointed by the Secretary of State under section 19(3) of the Act[^f00044], not fewer than one third, with a minimum of 2, shall be women.

Modification of rule 134

6

• (1) Rule 134(2) shall not apply.

• (2) In rule 134(5) the words “required to be” shall be omitted.

Disapplication of Schedule 4

7

Schedule 4 shall not apply.

SCHEDULE 2 — SECURITY CATEGORIES

Column 1	Column 2
Category	Criteria
A	A prisoner who would place national security at risk, or be highly dangerous to the public or to prison staff and their families or to the police in the event of an escape and who must be kept in conditions of maximum security.
B	A prisoner who is considered likely to be a danger to the public and who must be kept in secure conditions to prevent his escape.
C	A prisoner who is considered unlikely to be a danger to the public and who can be given the opportunity to serve his sentence with the minimum of restrictions.
D	A prisoner who is considered not to be a danger to the public and who can be given the opportunity to serve his sentence in open conditions.

SCHEDULE 3 — BREACHES OF DISCIPLINE

A prisoner shall be guilty of a breach of discipline if he–

• (a) commits any assault;

• (b) detains any person against his will;

• (c) denies access to any part of the prison to any officer;

• (d) fights with any person;

• (e) intentionally endangers the health or personal safety of others or, by his conduct, is reckless whereby such health or personal safety is endangered;

• (f) intentionally obstructs an officer in the execution of his duty;

• (g) escapes or absconds from prison or from legal custody;

• (h) fails–

• (i) to return to prison when he should return after being temporarily released under Part 14 of these Rules; or

• (ii) to comply with any condition upon which he is so temporarily released;

• (i) has in his possession–

• (i) any article which he is not authorised to have; or

• (ii) a greater quantity of any article than he is authorised to have; or

• (iii) any article in a part of the prison where he is not authorised to have it;

• (j) sells or delivers to any person any article which he is not authorised to have;

• (k) sells or, without permission, delivers to any person any article which he is allowed to have only for his own use;

• (l) takes improperly any article belonging to another person or to the prison;

• (m) intentionally or recklessly sets fire to any part of a prison or any other property, whether or not that property belongs to him;

• (n) destroys or damages any part of a prison or any other property, other than his own;

• (o) absents himself from any place where he is required to be or is present at any place where he is not authorised to be;

• (p) is disrespectful to any officer or any person visiting a prison;

• (q) uses threatening, abusive or insulting words or behaviour;

• (r) intentionally fails to work properly or, being required to work, refuses to do so;

• (s) disobeys any lawful order;

• (t) disobeys or fails to comply with any rule or regulation applying to a prisoner;

• (u) inhales any substance, or the fumes of any substance, which is a prohibited article or consumes, takes, injects or ingests any substance which is a prohibited article;

• (v) commits any indecent or obscene act; or

• (w) attempts to commit, incites another prisoner to commit, or assists another prisoner to commit or to attempt to commit, any of the foregoing breaches.

SCHEDULE 4 — CONSTITUTION OF VISITING COMMITTEES

(1)	(2)	(3)
Name of Prison	Names of Appointing Authorities	Numbers of members to be appointed
ABERDEEN	Grampian Regional Council	3
	City of Aberdeen District Council	5
		8
BARLINNIE, GLASGOW	Strathclyde Regional Council	10
	City of Glasgow District Council	15
		25
CORNTON VALE, STIRLING	Central Regional Council	7
	Stirling District Council	8
		15
DUMFRIES	Dumfries and Galloway Regional Council	5
	Nithsdale District Council	6
		11
DUNGAVEL	Strathclyde Regional Council	3
	East Kilbride District Council	5
		8
EDINBURGH	Lothian Regional Council	5
	City of Edinburgh District Council	12
		17
FRIARTON	Tayside Regional Council	3
	Perth and Kinross District Council	5
		8
GLENOCHIL	Central Regional Council	4
	Clackmannan District Council	10
		14
GREENOCK	Strathclyde Regional Council	3
	Inverclyde District Council	5
		8
INVERNESS	Highland Regional Council	7
	Inverness District Council	3
		10
LONGRIGGEND	Strathclyde Regional Council	3
	Monklands District Council	5
		8
LOW MOSS	Strathclyde Regional Council	4
	Strathkelvin District Council	6
		10
NORANSIDE	Tayside Regional Council	3
	Angus District Council	5
		8
PENNINGHAME	Dumfries and Galloway Regional Council	3
	Wigtown District Council	5
		8
PERTH	Tayside Regional Council	6
	Perth and Kinross District Council	10
		16
PETERHEAD	Grampian Regional Council	3
	Banff and Buchan District Council	5
		8
SHOTTS	Strathclyde Regional Council	5
	Motherwell District Council	12
		17

SCHEDULE 5 — REVOCATIONS

PART I– — REVOCATIONS COMING INTO FORCE ON 1ST NOVEMBER 1994

(1)	(2)
Rules revoked	References
The Prison (Scotland) Rules 1952 except Part VII and the Schedule	S.I. 1952/565
The Prison (Scotland) Rules 1954	S.I. 1954/240
The Prison (Scotland) Rules 1956	S.I. 1956/671
The Young Offenders (Scotland) Rules 1965	S.I. 1965/195
The Young Offenders (Scotland) (Amendment) Rules 1966	S.I. 1966/1551
The Prison (Scotland) (Amendment) Rules 1966	S.I. 1966/1552
The Prison (Scotland) (Amendment) Rules 1970	S.I. 1970/2013
The Prisons (Scotland) (Amendment) Rules 1981	S.I. 1981/1222
The Young Offenders (Scotland) (Amendment) Rules 1981	S.I. 1981/1223
The Prison (Scotland) Amendment Rules 1993	S.I. 1993/2227
The Young Offenders (Scotland) Amendment Rules 1993	S.I. 1993/2228

PART II– — REVOCATIONS COMING INTO FORCE ON 1ST JANUARY 1995

(1)	(2)
Rules revoked	References
Part VII of, and the Schedule to, the Prison (Scotland) Rules 1952	S.I. 1952/565
The Prison (Scotland) Amendment Rules 1979	S.I. 1979/1630
The Prison (Scotland) Amendment Rules 1984	S.I. 1984/2058
The Prison (Scotland) Amendment Rules 1987	S.I. 1987/2231
The Prison (Scotland) Amendment Rules 1988	S.I. 1988/537

SCHEDULE 6 — SAVINGS AND TRANSITIONAL PROVISIONS

Savings and transitional provisions for the 1952 Rules

1

• (1) Subject to the following sub-paragraphs of this paragraph, where at the date of revocation of the 1952 Rules by rule 143 of these Rules–

• (a) there remains extant any privilege or certificate granted;

• (b) there remains in force any authority, order or permission given;

• (c) any record or minute requires to be made in respect of any matter;

• (d) any complaint made requires to be or is being investigated; or

• (e) any inquiry or investigation requires to be or is being carried out,

under any provision of the 1952 Rules, then, insofar as any matter specified in heads (a) to (e) above could be granted, given, made, investigated or carried out under a corresponding provision of these Rules, that matter shall be treated as if it had been granted, made or given, or as if it had to be made, investigated, or carried out, under the corresponding provision of these Rules.

• (2) Any award of a punishment under any one or more of sub-paragraphs (a) to (e) of either rule 43(2) or 45(1) of the 1952 Rules which–

• (a) was made in respect of a prisoner–

• (i) in the case of a punishment awarded under rule 43(2) of the 1952 Rules, prior to the date of revocation of that rule by rule 143 of these Rules; or

• (ii) in the case of a punishment awarded under rule 45(1) of the 1952 Rules, prior to 1st October 1993; and

• (b) has not been remitted and remains in force (or in force to the extent that it may have been mitigated) in respect of that prisoner at that date,

shall be deemed to have effect as if awarded under rule 100 of these Rules.

• (3) Where, at 1st November 1994, any report of an offence against discipline which was made in terms of rules 38 and 43 of the 1952 Rules has not been adjudicated, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 95(1) of these Rules.

• (4) The Code of Discipline formulated by the Secretary of State in April 1979 shall continue to apply ifl n relation to any offence committed by an officer before 1st January 1993 and in respect of which the officer has on that date been charged under that Code and for that purpose shall be deemed to be approved under rule 132 of these Rules.

• (5) The Scottish Prison Service Code of Discipline 1993 made by the Secretary of State on 24th October 1992 shall continue to apply as if it had been approved under rule 132 of these Rules.

Savings and transitional provisions for the 1965 Rules

2

• (1) Subject to the following sub-paragraphs of this paragraph, where at the date of revocation of the 1965 Rules by rule 143 of these Rules–

• (a) there remains extant any privilege or certificate granted;

• (b) there remains in force any authority, order or permission given;

• (c) any record or minute requires to be made in respect of any matter;

• (d) any complaint requires to be or is being investigated; or

• (e) any inquiry or investigation requires to be or is being carried out,

under any provision of the 1965 Rules, then, insofar as any matter specified in heads (a) to (e) above could be granted, given, made, investigated or carried out under a corresponding provision of these Rules, that matter shall be treated as if it had been granted, made, or given, or as if it had to be made, investigated or carried out, under the corresponding provision of these Rules insofar as it applies to a young offenders institution or a person liable to be detained therein.

• (2) Any award of a punishment made under any one or more of sub-paragraphs (a) to (e) of either rule 42(2) or 44(1) of the 1965 Rules which–

• (a) was made in respect of a person liable to be detained in a young offenders institution–

• (i) in the case of a punishment awarded under rule 42(2) of the 1965 Rules, prior to the date of revocation of that rule by rule 143 of these Rules; or

• (ii) in the case of a punishment awarded under rule 44(1) of the 1965 Rules, prior to 1st October 1993; and

• (b) has not been remitted and remains in force (or in force to the extent that it may have been mitigated) in respect of that person at that date,

shall be deemed to have effect as if awarded under rule 100 of these Rules.

• (3) Where, at 1st November 1994, any report of an offence against discipline which was made in terms of rules 36 and 42 of the 1965 Rules has not been adjudicated, the report shall be deemed not to have been made, but without prejudice to the right of an officer, if appropriate, to make a report in terms of rule 95(1) of these Rules.

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 18th July 1994

Explanatory note

(This note is not part of the Rules)

These Rules replace the Prison (Scotland) Rules 1952 and the Young Offenders (Scotland) Rules 1965 as respectively amended.

Part 1 of the Rules (rules 1 to 5) makes provision for citation, commencement, application and interpretation. It also provides for certain duties of the Governor in relation to elimination of discrimination and the making available of a copy of the Rules and of any directions to officers and prisoners. Rule 2 provides that the Rules apply to young offenders institutions and to young offenders as they apply to prisons and prisoners subject to the modifications set out in Schedule 1.

Part 2 (rules 6 to 14) deals with matters relating to reception of prisoners, prisoner records, classification of prisoners and location of prisoners within prisons. In relation to reception, there are provisions as to the manner in which a prisoner is to be dealt with including the information he must be given (rules 7 to 9). Rule 10 deals with registration and records of prisoners. Rules 11 and 12 relate to classification and security categories. Every prisoner requires to be given one of the specified security categories in Schedule 2.

Part 3 (rules 15 to 22) regulates matters affecting the physical and personal environment in which prisoners are confined. Rules 15 to 17 specify conditions relating to cellular accommodation. Rules 18 to 20 make provision for requirements in relation to clothing. Subject to certain conditions, prisoners are allowed to wear their own clothes unless the provisions of rule 18(1) are disapplied in relation to their prison by virtue of a direction. Rules 21 and 22 set out requirements in relation to the provision of food and prisoners' hygiene.

Part 4 (rules 23 to 34) makes provision in relation to the health and welfare of prisoners. The duties of medical officers are specified in rules 23, 25, 27 to 29, 31 and 32. Rule 33 requires the governor to provide assistance and facilities to assist prisoners to maintain relationships with family, friends and agencies who may offer them assistance. Special provision is made for visits to untried and civil prisoners by their own doctors and dentists (rule 34).

Part 5 (rules 35 to 39) makes provision in relation to religious practice by a prisoner. Rule 36 enables the Chaplain, any prison minister appointed under section 9(1) of the Prisons (Scotland) Act 1989 “the Act”), and any other minister (“visiting minister”) allowed to visit prisoners in terms of section 9(3) of the Act to visit prisoners and conduct religious services or meetings for prisoners. Rule 37 requires the Governor to make arrangements for visits by visiting ministers. Rule 38 permits prisoners to attend services or meetings of their religious denomination and makes provision in relation to visits by the Chaplain or other minister.

Part 6 (rules 40 to 46) makes provision for privileges and the regulation of property belonging to prisoners which is received or kept at the prison. Rule 40 requires governors to establish a system of privileges in the prison. Such a system shall not affect any entitlement of a prisoner as specified in the rules and any such entitlement is not to be regarded as a privilege for the purposes of disciplinary punishment which may provide for forfeiture of privileges. The handling of prisoners' property in general and money in particular is dealt with in rules 42 to 44 and 45 respectively.

Part 7 (rules 47 to 65) deals with various matters relating to arrangements enabling prisoners to communicate with persons outwith the prison. Correspondence is dealt with in rules 48 to 53. Special provisions relating to the correspondence between prisoners and courts and legal advisers are contained in rules 49 and 50. Other correspondence is regulated by rules 48 and 51 to 53. Every prisoner is entitled to send at least one letter every week at the expense of the Secretary of State. Entitlement of prisoners to make telephone calls from the prison is regulated by rule 54 and any direction which may be made for the purposes of that rule. Visits to prisoners are provided for in rules 55 to 64. Rule 55 specifies the minimum entitlement to visits for prisoners (rule 56 making similar provision for untried and civil prisoners). Rule 57 enables certain prisoners to carry forward their unused visiting allowance where they are moved to another prison. Rules 58 to 61 make special provision in relation to visits by legal advisers, procurators fiscal, police constables, and representatives of diplomatic services and national or international authorities or organisations. Rule 62 makes special provision where a prisoner requires to see persons in connection with legal proceedings. Rule 63 enables the governor to terminate visits in certain circumstances and enables the Secretary of State to impose such conditions as may be specified in a direction on the entitlement of a prisoner to receive visits. Rule 64 provides for the use of closed visiting facilities in certain circumstances. Special arrangements for prisoners committed to prison in default of payments are set out in rule 65 to enable them to communicate with any person to arrange payment of money in order to secure their release.

Part 8 (rules 66 to 77) makes provision in relation to work, education, earnings, counselling and recreational activity. Except for young prisoners and untried and civil prisoners, all prisoners are required to work, for which they are entitled to receive earnings in terms of rule 74. Rules 75 to 77 make provision in relation to exercise and recreational activity. Prisoners are not permitted to carry on any trade, profession or vocation from the prison but are not prevented from writing articles or books.

Part 9 (rules 78 to 93) makes provision in relation to security matters and the control of prisoners. General duties are dealt with in rules 78 and 79. Removal of a prisoner from association with other prisoners is dealt with in rule 80. Rules 81 and 82 regulate possession of prohibited articles and other property. The use of restraints for the control of prisoners is regulated by rules 83 and 84. Provision for the temporary confinement in special cells of violent prisoners is made in rule 85. Searching of visitors and prisoners is regulated by rules 86 and 88. Searching prisoners' property is regulated by rule 89. Provision for prisoners' leave of absence under escort is made in rules 91 and 92. Rule 93 makes provision in relation to production of prisoners to court.

Part 10 (rules 94 to 101) makes provision in relation to the disciplinary system. The acts or omissions constituting a breaching of discipline are specified in Schedule 3. These include provisions which are similar to the offences against discipline specified in rule 42 of the 1952 Rules but do not contain provisions comparable to rule 42(7) (communicating with another prisoner without authority), 42(11) (committing a nuisance), 42(16) (making repeated and groundless complaints) and 42(17) (offending against good order and discipline) of the 1952 Rules. Rules 95 to 99 relate to the adjudication of charges of breaches of discipline and specify the procedure to be followed. Rules 100 and 101 regulate the imposition of punishments in relation to breaches of discipline.

Part 11 (rules 102 to 113) makes provision in relation to requests and complaints by prisoners. Rules 103 to 113 deal with the internal grievance procedures which a prisoner may invoke. The system provides for requests and complaints to be made initially to a designated officer in the prisoner’s accommodation hall. Thereafter, the request or complaint may be referred progressively to the manager of that hall, the internal complaints committee, the Governor in charge and finally to the Secretary of State. There is a separate procedure prescribed for referring confidential matters directly to the Governor in charge and for referring certain categories of request directly to the Secretary of State (rules 108 and 110). Rules 111 and 112 make provision in relation to appeals and requests concerning disciplinary matters.

Part 12 (rules 114 to 116) makes provision in relation to female prisoners, particularly pregnant prisoners or prisoners who have babies and who are permitted to have them in prison.

Part 13 (rules 117 to 119) makes provision in relation to arrangements for prisoners who are being transferred or discharged.

Part 14 (rules 120 to 126) sets out provisions in terms of which prisoners may be temporarily released from prison. The provisions describe different temporary release schemes comprising short home leave, Christmas and summer leave and pre-Training for Freedom leave (rule 120); long home leave (rule 121); pre-parole/pre-life licence leave (rule 122); and unescorted exceptional day release of prisoners in security category D (rule 123).

Part 15 (rules 127 to 132) makes provision in relation to officers and employees. It prescribes general duties and obligations and provides power to the governor to order the search of officers and employees in certain circumstances.

Part 16 (rules 133 to 140) makes provision in relation to visiting committees. Rule 133 sets out the requirement for the constitution of visiting committees of prisons (paragraph 3 of Schedule 1 substitutes this rule in relation to young offenders institutions, the visiting committees for which are appointed by the Secretary of State in terms of section 19(3) of the Act). Rules 134 to 140 regulate the proceedings of the visiting committees and the duties of members.

Part 17 (rules 141 to 144) contains supplementary provisions in relation to various matters. Rule 141 provides for remission of sentence or detention of prisoners or young offenders respectively who were sentenced before 1st October 1993. Rule 142 contains supplementary provision as to the making of directions where any provision of the Rules authorises the making of a direction for a specified purpose. Rules 143 and 144, and Schedules 5 and 6, provide for revocation of various rules and savings and transitional provisions in connection therewith.

Footnotes

[^f00001]: 1989 c. 45; section 39 was amended by the 1993 Act, sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7; section 39 is to be read with sections 8(1) and (2), 11(1), 12 (as amended by the 1993 Act, Schedule 5, paragraph 6(2)), 14(1) (as amended by the 1993 Act, Schedule 5, paragraph 6(3)), 19(3) and (4) (as amended by the 1993 Act, Schedule 5, paragraph 6(4)), 24 (which was repealed by the 1993 Act, Schedule 7 but was saved by Schedule 6 to that Act in relation to any “existing prisoner” within the meaning specified in paragraph 1 of Schedule 6) and 41; section 39 was extended by the Courts-Martial (Appeals) Act 1968 (c. 20), section 52 (as amended by the 1989 Act, Schedule 2, paragraph 10).

[^f00002]: 1975 c. 21; sections 207 and 415 were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), section 45.

[^f00003]: Section 205 was substituted by the said Act of 1980, section 43.

[^f00004]: 1993 c. 9.

[^f00005]: S.I. 1952/565, amended by S.I. 1954/240, 1956/671, 1966/1552, 1970/2013, 1976/1889, 1979/1630, 1981/1222, 1984/2058, 1987/2231, 1988/537 and 1993/2227.

[^f00006]: S.I. 1965/195, amended by S.I. 1966/1551, 1981/1223 and 1993/2228.

[^f00007]: Sections 228 and 442 were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 1 and Schedule 3, paragraph 1 respectively; section 442 was amended by the 1993 Act, section 42 and Schedule 5, paragraph 1(33).

[^f00008]: Section 263(1) was amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 22 and Schedule 8.

[^f00009]: 1968 c. 20; section 8 was amended by the Armed Forces Act 1971 (c. 33), section 73(2) and Schedule 2, paragraph 1(2), by the Armed Forces Act 1976 (c. 52), section 22(5) and Schedule 9, paragraph 16 and by the Armed Forces Act 1991 (c. 62), Schedule 3.

[^f00010]: Section 212A was inserted by the 1993 Act, section 14(1).

[^f00011]: Sections 231 and 233 were substituted by the Criminal Justice (Scotland) Act 1980, Schedule 2, paragraphs 3 and 5 respectively; section 231(1) was amended by the Criminal Justice (Scotland) Act 1987 (c. 41), section 45(6)(a); section 233(1) was amended by the 1993 Act, Schedule 5, paragraph 1(9).

[^f00012]: Section 444(1) was substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 3, paragraph 3(a); section 453B(1) was inserted by the said Act of 1980, Schedule 3, paragraph 13 and amended by the 1993 Act, Schedule 5, paragraph 36(a).

[^f00013]: Section 8(2) was amended by the Armed Forces Act 1971 (c. 33), Schedule 2, paragraph 1(2).

[^f00014]: 1988 c. 36.

[^f00015]: 1882 c. 42; sections 4 and 6 were amended by the Sheriff Courts (Scotland) Act 1971 (c. 58), section 4.

[^f00016]: 1940 c. 42.

[^f00017]: 1967 c. 77.

[^f00018]: 1988 c. 48.

[^f00019]: 1971 c. 38.

[^f00020]: 1968 c. 27.

[^f00021]: 1953 c. 14.

[^f00022]: 1993 c. 13.

[^f00023]: Treaty Series No. 39 (1954), Cmnd 9171.

[^f00024]: Treaty Series No. 50 (1987), Cmnd 222 (out of print: photocopies are available free of charge from the Scottish Prison Service, Calton House, 5 Redheughs Rigg, Edinburgh).

[^f00025]: Treaty Series No. 15 (1969), Cmnd 3906 (out of print: photocopies are available free of charge from the Scottish Prison Service, Calton House, 5 Redheughs Rigg, Edinburgh).

[^f00026]: Cmnd 1098 of 1960.

[^f00027]: 1989 c. 33.

[^f00028]: 1971 c. 77.

[^f00029]: 1975 c. 21; sections 228 and 442 were substituted by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 2, paragraph 1 and Schedule 3, paragraph 1 respectively; section 442 was amended by the 1993 Act, section 45 and Schedule 5, paragraph 1(33).

[^f00030]: 1955 c. 18.

[^f00031]: 1955 c. 19.

[^f00032]: 1957 c. 53.

[^f00033]: 1968 c. 20.

[^f00034]: 1984 c. 36; section 71 was amended by the 1993 Act, section 4(2) and Schedule 7, Part I.

[^f00035]: 1975 c. 21; sections 228A and 442(1)(c) were inserted by the 1993 Act, section 42.

[^f00036]: 1980 c. 4.

[^f00037]: Section 10 was substituted by the 1993 Act, section 22.

[^f00038]: 1961 c. 39; section 29 was amended by the Criminal Law Act 1977 (c. 45), Schedule 12, by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 7, paragraph 8 and by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 12.

[^f00039]: 1975 c. 21; sections 218 and 431 were amended by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 7, paragraphs 40 and 70 respectively and Schedule 8 and by the 1993 Act, section 41.

[^f00040]: 1984 c. 47.

[^f00041]: 1961 c. 39; section 26 was amended by the Criminal Law Act 1977 (c. 45), Schedule 12, by the Criminal Justice (Scotland) Act 1980 (c. 62), Schedule 7, paragraph 7 and by the Criminal Justice Act 1982 (c. 48), Schedule 14, paragraph 11.

[^f00042]: Sections 22, 25 and 26 were repealed by the 1993 Act, Schedule 7, but saved for certain purposes by Schedule 6 of that Act.

[^f00043]: Section 20A was inserted by the 1993 Act, section 23; section 21 was amended by the 1993 Act, Schedule 5, paragraph 6(5).

[^f00044]: Section 19(3) was amended by the 1993 Act, Schedule 5, paragraph 6(4).