Statutory Instrument 1998 No. 1589 (S.82)

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

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 1589 (S.82)

PRISONS
YOUNG OFFENDERS INSTITUTIONS, SCOTLAND

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

	Made	30th June 1998
	Laid before Parliament	10th July 1998
	Coming into force	31st July 1998

The Secretary of State, in exercise of the powers conferred on him by section 39 of the Prisons (Scotland) Act 1989[1] and of all other powers enabling him in that behalf, hereby makes the following Rules:

Citation, commencement and interpretation
    1. - (1) These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 1998.

    (2) These Rules shall come into force on 31st July 1998.

    (3) In these Rules, a reference to "the principal Rules" is a reference to the Prisons and Young Offenders Institutions (Scotland) Rules 1994[2].

Amendment of rule 2 of the principal rules
    2. - (1) Rule 2 of the principal Rules (application to young offenders institutions and young offenders) is amended in accordance with paragraph (2) of this rule.

    (2) In paragraph (2), for the words "the exceptions and modifications set out in Schedule 1" there are substituted the words "any exception or modification specified in any provision of these Rules".

Amendment of rule 3 of the principal Rules
    3. - (1) Rule 3 of the principal Rules (interpretation) is amended in accordance with the following paragraphs of this rule.

    (2) In paragraph (1), for the definition of "appellant", there is substituted the following definition:-

" "appellant" means a prisoner-
(a) who appeals under section 106 or 175 of the Criminal Procedure (Scotland) Act 1995[3] against his conviction and sentence, or against his sentence only;

(b) whose case has been referred to the High Court of Justiciary by the Secretary of State pursuant to section 263(1) of the Criminal Procedure (Scotland) Act 1975[4] or section 124(3) of the said Act of 1995;

(c) who appeals by way of bill of suspension against his conviction or sentence, or both conviction and sentence, in summary proceedings;

(d) who appeals under section 8 of the Courts-Martial (Appeals) Act 1968[5] against his conviction or sentence, or both conviction or sentence, or who appeals under section 39(1) of that Act from any decision of the Courts-Martial Appeal Court on an appeal under section 8 of that Act; or

(e) who is returned to prison under section 18(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and who appeals under section 19 of that Act,



and, for the purposes of this definition, a prisoner shall be deemed to be an appellant from the time-



(i) in the case of an appeal as mentioned in sub-paragraph (a) above in solemn proceedings, he lodges an intimation of intention to appeal in terms of section 109(1) of the said Act of 1995 or, in the case of an appeal against sentence only, a note of appeal in terms of section 110(1) of that Act;

(ii) in the case of an appeal as mentioned in sub-paragraph (a) above in summary proceedings, he lodges an application for a stated case under section 176(1) of the said Act of 1995 or, in the case of an appeal against sentence only, a note of appeal under section 186(1) of that Act;

(iii) in the case of a reference as referred to in sub-paragraph (b) above, the Secretary of State refers the case to the High Court of Justiciary;

(iv) in the case of an appeal as referred to in sub-paragraph (c) above, he lodges the bill of suspension;

(v) in the case of an appeal as referred to in sub-paragraph (d) above, he presents a petition in terms of section 8(2) of the Courts-Martial (Appeals) Act 1968[6]; or

(vi) in the case of an appeal as referred to in sub-paragraph (e) above, he lodges a note of appeal,



until the appeal, or, as the case may be, the reference is finally disposed of or abandoned in its entirety;".

    (3) In paragraph (1), in the definition of "Governor"-

(a) for paragraph (a) of that definition, there is substituted the following paragraph:-


" (a) in this rule, rules 68(4), 78, 88A and 88B and in any rule in Part 11 (other than rule 103), the Governor-in-Charge;"; and



(b) in paragraph (b) of that definition, for the words "rule 88A" there are substituted the words "rules 88A and 88B".

    (4) In paragraph (1), after the definition of "long-term prisoner" there is inserted the following definition:-

" "media representative" means a photographer, cameraman or a researcher or producer for or of any television, radio or other programme intended for broadcast or transmission by any form of electronic medium;".

    (5) In paragraph (1), for the definition of "medical officer", there is substituted the following definition:-

" "medical officer" means a registered medical practitioner who is-
(a) appointed as a medical officer by virtue of an appointment made under section 3(1) of the Act prior to its amendment by section 43(1) of the Crime and Punishment (Scotland) Act 1997[7];

(b) appointed to be a medical officer for the prison under section 3A(2)(a) of the Act; or

(c) providing, or supervising the provision of, appropriate medical services within the meaning of section 3A(3) of the Act, in accordance with an arrangement made under section 3A(2)(b) of the Act,



and, except where the context otherwise requires, any reference to a medical officer includes such an officer who is for the time being liable to be required to attend at the prison;".

    (6) In paragraph (1), in the definition of "security category" for the words "category assigned in accordance with rule 12" there are substituted the words-

" security category which may be assigned in accordance with Part 2A of these Rules".

Amendment of rule 8 of the principal Rules
    4.For paragraph (2) of rule 8 of the principal Rules (interview and medical examination of prisoners on reception) there is substituted the following paragraph:-

    " (2) Every prisoner shall be examined by a medical officer, or such other person as such an officer may instruct-


(a) in the case of his reception on his removal from court or any other place, other than on a transfer from any prison, remand centre or young offenders institution, within 24 hours of that reception; or

(b) in the case of his reception on his transfer from any other prison, remand centre or young offenders institution-


(i) where some cause for concern is apparent to an officer on his reception, as soon as reasonably practicable and no later than 24 hours after reception; or

(ii) in any other case, within 72 hours of that reception.".

Amendment of rule 10 of the principal Rules
    5. - (1) Rule 10 of the principal Rules (registration and records of prisoners) is amended in accordance with paragraph (2) of this rule.

    (2) After paragraph (6) there is inserted the following paragraph:-

    " (6A) Where fingerprints are taken in accordance with paragraph (4) or (5), an officer shall require the prisoner to sign a fingerprint form relating to his prints at that time.".

Omission of rule 12 of the principal Rules
    6.Rule 12 of the principal Rules (security categories of prisoners) is omitted.

Insertion of new Part 2A of the principal Rules
    7.After rule 14 of the principal Rules (separation of different categories of prisoners), there is inserted the following Part:-

" PART 2A
SECURITY CATEGORIES
Security categories
    14A.The security categories which may be assigned to prisoners in accordance with this Part of these Rules are specified in column 1 of the Table set out below and the criteria which determine the application of each category are set out opposite that category in column 2 of the Table:-



Column 1	Column 2
Security 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 oppor tunity to serve his sentence with the minimum of restrictions
Limited Category D	A life prisoner who may participate in activities approved by the Secretary of State for the purposes of testing his suitability to be assigned security category D
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


Assignment of security categories
    14B. - (1) Every prisoner shall be assigned a security category in accordance with the provisions of this Part of these Rules.

    (2) Subject to the following paragraphs of this rule, a prisoner shall be assigned the appropriate security category having regard to the criteria specified in relation to security categories in rule 14A.

    (3) The Governor shall assign a security category to each prisoner as soon as possible after his reception.

    (4) An untried prisoner shall be assigned no lower a security category than category B.

    (5) On reception, a prisoner who is transferred to the prison under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997[8] or in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984[9] shall be assigned no lower a security category than security category B, but the Governor shall-


(a) review the prisoner's security category within 4 weeks beginning with the date of the prisoner's reception; and

(b) where as a result of that review the prisoner's security category is not lowered, carry out a further review within 6 months beginning with the date on which that review was concluded.



    (6) On reception, a prisoner who is-



(a) transferred under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997 where the transfer is-


(i) a restricted transfer within the meaning of paragraph 6(1) of that Schedule; and

(ii) has been made for a temporary purpose; or



(b) transferred under paragraph 2 or 3 of Schedule 1 to the said Act of 1997,



shall be assigned for the period of his detention a security category which, in the opinion of the Governor, is the nearest equivalent of the security category which he had in the prison or place in the part of the United Kingdom, the Channel Islands or the Isle of Man in which he was detained immediately before his transfer.

    (7) The Governor shall keep under review, and shall formally review at least once in every period of 12 months, the security category assigned to each prisoner (other than a prisoner who is for the time being assigned security category A) and may, if appropriate, assign another category to the prisoner.

    (8) The Governor shall require the prior approval of the Secretary of State before a life prisoner may be assigned security category D or Limited Category D.

Information regarding assignment of a security category
    14C. - (1) This rule does not apply in relation to the assignment of security category A to a prisoner, or to the review of the security category of a prisoner who is already assigned security category A, where that prisoner is entitled to receive a notice in terms of rule 14D(4) or 14E(3).

    (2) Following the assignment of a security category, or the review of a security category, in accordance with this Part of these Rules, the Governor shall if asked to do so by the prisoner concerned-



(a) inform the prisoner in writing-


(i) in the case of the assignment of a security category (whether following reception or a review) of the reasons why the category assigned is appropriate; or

(ii) in the case of a review which has resulted in no change of category, of the reasons why a lower category is not appropriate;



(b) subject to paragraph (3), provide him with-



(i) a copy of any document to which the Governor has had regard; and

(ii) a summary of any other information of which the Governor was aware of and to which he has had regard,



in reaching the relevant decision.



    (3) If the Governor is of the opinion that any document or any other information of which he was aware and to which he had regard in reaching the relevant decision would, if disclosed to the prisoner, be likely to be damaging on one or more of the following grounds, namely:-



(a) that it would be likely adversely to affect the health, welfare or safety of the prisoner or any other person;

(b) that it would be likely to result in the commission of an offence;

(c) that it would be likely to facilitate an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody;

(d) that it would be likely to impede the prevention or detection of offences or the apprehension or prosecution of suspected offenders; or

(e) that it would be likely otherwise to damage the public interest,



he shall inform the prisoner, but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

Assignment of security category A
    14D. - (1) If the Governor assigns security category A to any prisoner, he shall forthwith notify the Secretary of State.

    (2) Where the Governor assigns security category A to any prisoner, the Secretary of State shall, as soon as reasonably practicable following receipt of the notice referred to in paragraph (1), decide whether the prisoner should continue to have that category assigned to him and shall notify the Governor of his decision.

    (3) If the Secretary of State notifies the Governor in terms of paragraph (2) that the prisoner should not continue to have security category A assigned to him, the Governor shall, as soon as reasonably practicable following receipt of that notification, assign another security category in accordance with rule 14B.

    (4) Where the Governor is minded to assign security category A to a prisoner (other than an untried prisoner) who is for the time being assigned any security category other than security category A, he shall provide him with-



(a) a written notice informing him-


(i) that he is minded to do so;

(ii) of the reasons why he is so minded; and

(iii) of the procedure by which the prisoner may make written representations in relation to the proposed assignment of security category A; and



(b) subject to paragraph (5)-



(i) a copy of any document to which he has had regard; and

(ii) a summary of any other information of which he was aware of and to which he has had regard,



in considering the matter.



    (5) If the Governor is of the opinion that any document or any other information of which he was aware and to which he had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 14C(3), he shall inform the prisoner in the notice under paragraph (4), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

    (6) In a case to which paragraph (4) applies, the Governor shall-



(a) consider any representations made by the prisoner by virtue of that paragraph before reaching a decision in relation to the assignment of a security category; and

(b) if he assigns security category A, provide the prisoner with a written statement of reasons for his decision.



Review of assignment of security category A
    14E. - (1) Subject to paragraph (3), the Secretary of State shall, on the basis of information provided by the Governor, keep under review, and shall formally review at least once in every period of 12 months, the security category of every prisoner who is for the time being assigned security category A and shall notify the Governor of the outcome of the review.

    (2) Where, following a review carried out in terms of paragraph (1), the Secretary of State decides that a prisoner should no longer be assigned security category A-



(a) he shall notify the Governor of that decision; and

(b) the Governor shall, as soon as reasonably practicable following receipt of that notification, assign another security category in accordance with rule 14B.



    (3) Where, in the course of reviewing a security category in terms of paragraph (1), the Secretary of State is minded to conclude that there should be no change in the security category, he shall provide the prisoner with-



(a) a written notice informing him-


(i) that he is minded to make no change;

(ii) of the reasons why he is so minded; and

(iii) of the procedure by which the prisoner may make written representations in relation to the proposed retention of security category A; and



(b) subject to paragraph (4)-



(i) a copy of any document to which he has had regard; and

(ii) a summary of any other information of which he was aware of and to which he has had regard,



in considering the matter.



    (4) If the Secretary of State is of the opinion that any document or any other information of which he was aware and to which he had regard in considering the matter would, if disclosed to the prisoner, be likely to be damaging on any ground mentioned in rule 14C(3), he shall inform the prisoner in the notice under paragraph (3), but only insofar as is practicable without prejudicing the purposes for which that document or other information is not disclosed, of the gist of that document or information.

    (5) In a case to which paragraph (3) applies, the Secretary of State shall-



(a) consider any representations made by the prisoner by virtue of that paragraph before concluding the review; and

(b) if he concludes that the prisoner should remain security category A, provide the prisoner with a written statement of the reasons for his decision.



    (6) The Secretary of State may make a direction for the purposes of prescribing-



(a) the procedure in terms of which notices may be sent to a prisoner, and representations may be made, under rule 14D or this rule;

(b) the time limits within which the procedure mentioned in rule 14D or this rule may be carried out; and

(c) the form in which any such notice or representations may be given.".

Amendment of rule 17 of the principal Rules
    8. - (1) Rule 17 of the principal Rules (provision of bedding) is amended in accordance with paragraph (2) of this rule.

    (2) After paragraph (1), there is inserted the following paragraph:-

    " (1A) Notwithstanding paragraph (1), the Governor may, at the request of a prisoner, provide him with a mattress only instead of a bed.".

Amendment of rule 21 of the principal Rules
    9. - (1) Rule 21 of the principal Rules (prisoners' food) is amended in accordance with paragraph (2) of this rule.

    (2) In paragraph (3)(c), after the word "served", there are inserted the words "(or re-heated prior to serving)".

Amendment of rule 22 of the principal Rules
    10. - (1) Rule 22 of the principal Rules (personal hygiene) is amended in accordance with paragraph (2) of this rule.

    (2) In paragraph (3), for the words "the medical officer", there are substituted the words "a medical officer".

Omission of rule 23 of the principal Rules
    11.Rule 23 of the principal Rules (the medical officer) is omitted.

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Notes:

[1] 1989 c.45; section 39 was amended by the Prisoners and Criminal proceedings (Scotland) Act 1993 (c.9) ("the 1993 Act"), sections 24 and 25, Schedule 5, paragraph 6(6) and Schedule 7 and by the Criminal Justice and Public Order Act 1994 (c.33) ("the 1994 Act"), sections 116(4) and 130(4); section 39 is to be read with sections 3A(5), (6) and (7) (which was inserted by the Crime and Punishment (Scotland) Act 1997 (c.48) ("the 1997 Act")), section 43(2)), 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), 33A (which was inserted by the 1994 Act, section 116(3)), 41(2B) (which was inserted by the 1994 Act, section 153(3)), 41B(1) (which was inserted by the 1994 Act, section 151(2)) and 41C(1) (which was inserted by the 1997 Act, section 42) of the 1989 Act; 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).back

[2] S.I. 1994/1931, amended by S.I. 1996/32 and 1997/2007.back

[3] 1995 c.46.back

[4] 1975 c.21.back

[5] 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.back

[6] 1968 c.20; section 8(2) was amended by the Armed Forces Act 1971 (c.33), Schedule 2, paragraph 1(2).back

[7] 1997 c.48.back

[8] 1997 c.43.back

[9] 1984 c.47.back

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