The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998

(133A) 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, not fewer than one third, with a minimum of two, shall be women.

Amendment of rule 141 of the principal Rules

55

• (1) Rule 141 of the principal Rules is amended in accordance with the following paragraphs of this rule.

• (2) For paragraph (1) there is substituted–

(1) This rule applies to a person– (a) who was, at 1st October 1993, serving a sentence of imprisonment for a term of more than 5 days which was imposed before that date or was liable to be detained in pursuance of such a sentence (whether or not he was then absent with or without authority or by reason of admission to bail or otherwise); (b) who was, at 1st October 1993, serving a sentence of detention in a young offenders institution for a term of more than 5 days which was imposed before that date or was liable to be detained in pursuance of such a sentence (whether or not he was then absent with or without authority or by reason of admission to bail or otherwise); (c) who was, at 1st October 1993, detained in prison on committal for a term of more than 5 days for contempt of court where the committal was made before that date; (d) who was transferred to Scotland before 25th October 1996 in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 and who– (i) was still serving a sentence, which was imposed before 1st October 1993 in the country or territory from which he was transferred, on 25th October 1996; and (ii) continues to serve that sentence; (e) who was transferred to Scotland on or after 25th October 1996 in pursuance of a warrant issued under the said Act of 1984 and who is serving a sentence which was imposed before 1st October 1993 in the country or territory from which he was transferred; or (f) who is serving a sentence of imprisonment or of detention in a young offenders institution for a term of more than 5 days which was imposed in another part of the United Kingdom, in any of the Channel Islands or in the Isle of Man before 1st October 1993 and who has been transferred to Scotland by virtue of– (i) an order made under section 26 of the Criminal Justice Act 1961 before 1st October 1997; or (ii) an order made under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 on or after 1st October 1997 in terms of which the transfer is an unrestricted transfer with the meaning of that Schedule.

• (3) After paragraph (4) there is inserted the following paragraph:–

(4A) For the purposes of the application of this rule to a person mentioned in paragraph (1)(d) or (e), the reference in paragraph (4) to the person’s sentence shall be construed as a reference to the term included in a warrant under the said Act of 1984 which is equivalent to a sentence.

Omission of Schedule 1 to the principal Rules

56

Schedule 1 to the principal Rules (modification of the Rules in their application to young offenders institutions and young offenders) is omitted.

Omission of Schedule 2 to the principal Rules

57

Schedule 2 to the principal Rules (security categories) is omitted.

Amendment of Schedule 3 to the principal Rules

58

• (1) Schedule 3 to the principal Rules (breaches of discipline) is amended in accordance with the following paragraphs of this rule.

• (2) For paragraph (i) there is substituted the following paragraph:–

(i) has– (i) in his possession, or concealed about his body or in any body orifice, any article or substance which he is not authorised to have or a greater quantity of any article or substance than he is authorised to have; or (ii) in his possession whilst in a particular part of the prison any article or substance which he is not authorised to have when in that part of the prison;

• (3) In paragraph (v), for the words “or ingests” there are substituted the words “, ingests or conceals inside a body orifice”.

Amendment of Schedule 4 to the principal Rules

59

• (1) Schedule 4 to the principal Rules (Constitution of Visiting Committees) is amended in accordance with the following paragraphs of this rule.

• (2) For the entry in relation to Barlinnie, for the words “City of Glasgow”, there are substituted the words “Glasgow City”.

• (3) For the entry in relation to Castle Huntly, for the words “Perthshire” substitute the word “Perth”.

• (4) For the entry in relation to Friarton, for the word “Perthshire” substitute the word “Perth”.

• (5) For the entry in relation to Perth, for the word “Perthshire” substitute the word “Perth”.

Amendment of Schedule 4A to the principal Rules

60

• (1) Schedule 4A to the principal Rules¹⁵ (constitution of visiting committees for legalised police cells) is amended in accordance with the following paragraphs of this rule.

• (2) For the entry in relation to Campbeltown there is substituted the following entry:–

• (3) For the entry in relation to Oban there is substituted the following entry:–

• (4) For the entry in relation to Lochmaddy there is substituted the following entry:–

• (5) For the entry in relation to Stornoway there is substituted the following entry:–

Transitional Provision

61

Notwithstanding rule 6 of these Rules, a prisoner whose security category was assigned under rule 12 of the principal Rules before 31st July 1998 shall, on or after that date, be treated as if his security category had been assigned in accordance with Part 2A of the principal Rules as inserted by rule 7 of these Rules.

Signed

Henry B McLeish — Minister of State, Scottish Office — 30th June 1998

Explanatory note

(This note is not part of the Rules)

These Rules further amend the Prisons and Young Offenders Institutions (Scotland) Rules 1994 (“the principal Rules”).

In addition to minor and drafting amendments the Rules make the following substantive changes. Provisions of the principal Rules regarding medical examination are revised both in relation to the time of admission and of release or transfer (rules 4 and 47). On reception, an examination may take place by a medical officer or someone authorised by him. The examination should take place within 72 hours except where there is any reason to hold it sooner.

New provision is made with respect to the procedures for assigning security categories (rules 6, 7 and 57). The main changes, apart from drafting changes, are to make separate provision for category A cases and new provision regarding prisoners who are transferred from prisons outwith Scotland. In relation to category A cases, the prisoners must be given advance disclosure of the proposal to assign or retain that category and the opportunity to make representations.

Revised provision is made with respect to Part 4 of the principal Rules which reflects the possibility of arrangements for the provision of medical services and medical officers in terms of arrangements made under section 3A of the Prisons (Scotland) Act 1989 (“the 1989 Act”) (which was inserted by section 43(2) of the Crime and Punishment (Scotland) Act 1997 (rules 11 to 19)).

Various provisions of the principal Rules are amended to enable new provision to be made in directions (which are authorised by section 39(8) of the 1989 Act) with regard to money sent to prisoners (rules 21, 22 and 23).

New provision is made with regard to visits to prisoners (rules 24 to 29). The purpose is to make express provision with regard to visits by Members of Parliament, representatives of the European Parliament, the Parliamentary Commissioner for Administration or officers on his behalf and journalists, authors or media representatives. Visits by these persons are therefore to be regulated separately from visits under rule 55 of the principal Rules (visits by persons of a prisoner’s choice) and the entitlement to receive visits in terms of rule 55 is unaffected by visits by the categories of person mentioned above. Provision is also made to extend the matters which a direction under rule 63 of the principal Rules may deal with for the purpose of imposing restrictions and conditions affecting visits taking place in terms of Part 7 of the principal Rules.

The provisions of Schedule 1 to the principal Rules (which set out modifications applicable to young offenders under the Rules as applying to young offenders institutions) have been incorporated into the main text of the principal Rules at the appropriate point with the result that Schedule 1 has been omitted (rules 2, 26, 31, 32, 53, 54 and 56).

Minor amendments are made to rule 80 of the principal Rules (removal from association) (rule 32). This is principally to enable a Governor to permit staged resumption of the entitlement freely to associate with other prisoners.

New provision is made to enable temporary confinement to cell where a prisoner’s behaviour is such that it is appropriate for a short period (not exceeding 30 minutes) to require him to remain in his cell until his behaviour has improved (rule 37).

The provisions of rule 86 of the principal Rules concerning admission and searching of visitors are revised in order to make separate provision regarding admission, searching and removal (rule 38). The provisions incorporate new provision concerning notices by journalists, authors and media representatives; the use of special equipment for carrying out searches; and removal where undertakings by journalists, authors or media representatives have, or appear to have, been breached.

As a result of the new section 41C of the 1989 Act (which was inserted by section 42 of the Crime and Punishment (Scotland) Act 1997) provision is made for the purposes of section 41C and the testing of prisoners for alcohol (rule 39).

Revised provision is made in regard to escorted leave of absence and temporary release (rules 40, 49 and 50).

Various provisions of Part 10 concerning discipline are amended (rules 41 to 44). There is new provision regarding the jurisdiction of the Governor to deal with cases where the prisoner may have been detained elsewhere when the breach was committed. There is minor revisal of the provisions relating to punishment. There are further minor changes to the categories of breach of discipline in Schedule 3 to the principal Rules (rule 58).

New provision is made to specify the conditions to be fulfilled so as to enable fine defaulters to be treated for the purposes of section 220 of the Criminal Procedure (Scotland) Act 1995 as having made partial satisfaction of the fine (rule 48).

The powers to search officers and employees are revised (rule 51) and revised provision is made with respect to codes regulating the conduct and discipline of officers and employees (rule 52).

The provisions of rule 141 of the principal Rules concerning remission are amended to reflect the provisions of Schedules 1 and 2 to the Crime (Sentences) Act 1997 (rule 55).

Rule 61 makes a transitional provision in relation to security categories.

Footnotes