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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2002 URL: http://www.bailii.org/scot/legis/num_reg/2002/20020107.html |
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The Scottish Ministers, in exercise of the powers conferred by section 39 of the Prisons (Scotland) Act 1989[1] and of all other powers enabling them in that behalf, hereby make the following Rules: Citation, commencement and interpretation 1. - (1) These Rules may be cited as the Prisons and Young Offenders Institutions (Scotland) Amendment Rules 2002 and shall come into force on 1st April 2002. (2) In these Rules-
(b) "security category" has the meaning ascribed to it in rule 3 of the principal Rules immediately before these Rules come into force.
Amendment of Rule 3 of the principal Rules
(ii) before "51(3)(b)" there is inserted "14B(2)(g), 14B(3), 14D(1)(b)(iii), 14F(5),";
(b) the definition of "security category" is omitted; and
Amendment of Rule 13 of the principal Rules
Substitution of Part 2A of the principal Rules Supervision levels 14A. The supervision levels 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 description of each level is set out opposite that level in column 2 of the Table:-
Assignment of supervision levels 14B. - (1) Every prisoner shall be assigned a supervision level 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 supervision level having regard, so far as applicable, to the following criteria:-
(b) the prisoner's previous convictions; (c) any outstanding charges; (d) the length of time that the prisoner has spent in custody; (e) the prisoner's conduct in custody; (f) the prisoner's trustworthiness and stability; and (g) any other criteria as may be specified in a direction made by the Scottish Ministers for the purposes of this rule.
(3) Any such direction made by the Scottish Ministers may make provision for the relative importance that is to be given to each of the criteria in determining the assignment of a supervision level, and may make provision as to the form and content of any document that may be required to be completed by the Governor when assigning, or when reviewing the assignment of, a supervision level.
(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 the detention a supervision level which, in the opinion of the Governor, is the nearest equivalent to the prisoner's classification in the prison or place in the part of the United Kingdom, the Channel Islands or the Isle of Man in which the prisoner was detained immediately before the transfer took place.
(ii) in the case of a review which has resulted in no change of level, of the reasons why a lower level is not appropriate; and
(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with-
(ii) a summary of any other information of which he was aware 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:-
(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 not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall, in writing, 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.
(b) a supervision level other than low supervision to a prisoner who is-
(ii) a life prisoner who has served the part of his sentence specified in an order made under section 2(3) of the 1993 Act; or (iii) a prisoner who has not yet served the part of his sentence specified in sub paragraph (i) or (ii) but who has served such part of his sentence as may be specified in a direction made by the Scottish Ministers.
(2) The Governor shall-
(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 the supervision level; and
(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with-
(ii) a summary of any other information of which he was aware and to which he has had regard,
in considering the matter.
(3) If the Governor is of the opinion that any document or 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), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), 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.
(b) if he assigns the supervision level in circumstances as mentioned in paragraph (1), provide the prisoner with a written statement of reasons for his decision.
Imposition of special security measures
(b) to prevent an escape from legal custody or the doing of any act prejudicial to the safe keeping of persons in legal custody.
(2) Where the Governor is minded to impose special security measures on a prisoner (other than an untried prisoner), he shall-
(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 imposition of the special security measures; and
(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with-
(ii) a summary of any other information of which he was aware and to which he has had regard,
in considering the matter.
(3) If the Governor is of the opinion that any document or 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), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), 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.
(b) if he imposes special security measures, provide the prisoner with a written statement of reasons for this decision.
(5) The Governor shall not be prevented from imposing special security measures on a prisoner on a provisional basis without having recourse to the procedure at paragraphs (2), (3) and (4) where the Governor considers that the immediate, provisional, imposition of the measures is necessary for either of the purposes in sub-paragraphs (a) and (b) of paragraph (1):
(b) the procedure referred to at paragraphs (2), (3) and (4) is commenced within 48 hours of the provisional imposition of the special security measures.
(6) If the Governor decides that the provisional imposition of the special security measures does not require to extend beyond a 48 hour period, then the procedure referred to at paragraphs (2), (3) and (4) shall not apply, and the prisoner shall be informed in writing, within 24 hours of the Governor's decision, that the special security measures are no longer provisionally imposed on him.
(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 continued imposition of the special security measures; and
(b) if asked to do so by the prisoner concerned, but subject to paragraph (3), provide the prisoner with-
(ii) a summary of any other information of which he was aware and to which he has had regard,
in considering the matter.
(3) If the Governor is of the opinion that any document or 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), the Governor shall not be obliged to provide the prisoner with a copy of that document or a summary of that other information but shall inform the prisoner in the notice under paragraph (2), 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.
(b) if he continues to impose special security measures, provide the prisoner with a written statement of reasons for this decision.
(5) The Scottish Ministers may make a direction for the purposes of prescribing-
(b) the form in which any such notice or representations may be provided or made; and (c) the time limits within which the procedure mentioned in rules 14D, 14E and this rule may be carried out."
Amendment of rule 42 of the principal Rules
Amendment of rule 92 of the principal Rules Short leave and winter and summer leave 120. - (1) In this rule-
(b) "winter and summer leave" means temporary release from a prison of a prisoner for the purpose of enabling the prisoner to visit his home or other approved place for a period of up to 5 nights, excluding travelling time, during the winter or summer.
(2) On the application of an eligible prisoner and subject to rule 126, the Governor may grant the prisoner short leave or winter and summer leave if the Governor is of the opinion that, having regard to the relevant criteria applicable to the grant of such leave, it is appropriate to do so.
(b) is assigned low supervision level; and (c) is not disqualified from consideration for any reason specified in rule 124(1).
Pre-release leave
(b) he is assigned low supervision level; and (c) he is-
(ii) a life prisoner,
whose release date is within 6 weeks of the commencement of the pre-release leave.
Unescorted day release of prisoners assigned low supervision level
(b) to attend the funeral of a near relative; (c) to visit a parent who is either too old or too ill to travel to the prison; or (d) to attend at any place for any other reason where the Governor is of the opinion that the circumstances warrant it.
(2) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of application he is-
(b) not disqualified from consideration for any reason specified in rule 124(1).
(3) The Governor may grant unescorted day release on the written application of an eligible prisoner.
(b) to attend unescorted at a college, university or other educational establishment in order to participate in vocational training or an educational class; (c) to undertake unescorted voluntary work outside the prison in terms of rule 70; (d) to attend, unescorted, for treatment at a medical facility outwith the prison; or (e) to attend, unescorted, for counselling outwith the prison.
(2) For the purposes of this rule, a prisoner is an eligible prisoner only if at the time of the temporary release being granted-
(b) the prisoner is assigned low supervision level.
Unavailability of temporary release
(b) subject to proceedings under the Extradition Act 1989; (c) in the opinion of a medical officer, suffering from mental disorder; or (d) in the opinion of a medical officer, otherwise unfit.
(2) A life prisoner shall not be granted temporary release under rules 120 to 123 unless the Governor has obtained the prior consent of the Scottish Ministers to-
(b) any further grant of temporary release where the prisoner has been assigned a supervision level other than low supervision level following the consent of the Scottish Ministers having been obtained under sub-paragraph (a).
Recall of prisoners granted temporary release
(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.".
Amendment of rule 133 of the principal Rules
(2) Subject to paragraph (3), on the relevant date the security category held by every existing prisoner shall cease to have effect, and, in place of that prisoner's security category, the Governor shall be deemed to have assigned the prisoner the supervision level that is set out opposite the security category in the Table set out below:-
(3) Any existing prisoner who is, in terms of rule 91, an eligible prisoner, shall, on the relevant date, be deemed to have been assigned low supervision level by the Governor. (4) The supervision level of every existing prisoner shall be reviewed by the Governor in accordance with Part 2A of the principal Rules, as substituted by these Rules-
(b) where an existing prisoner has not been given a date for the next review of his security category, within 12 months of the assignment or the most recent review of his security category.
[2] S.I. 1994/1931, amended by S.I. 1996/32, 1997/2007, 1998/1589, 1998/2504 and 1999/374 and S.S.I. 2000/187.back [3] Rule 3 was amended by S.I. 1996/32, rule 2, S.I. 1998, rule 3, S.I. 1999/374, rule 3 and S.S.I. 2000/187, rule 2.back [4] Part 2A was inserted by S.I. 1998/1589, rule 7, and was amended by S.I. 1999/374, rules 6 and 7.back [6] Part 14 was amended by S.I. 1996/32, rules 41-46, S.I. 1998/1589, rules 49, 50(2) and (3), S.I. 1999/374, rules 30(2) and 31(2) and S.I. 2000/187, rules 16(2), 17(2), 18(2), 19(2) and 20(2).back [7] Paragraphs (1) to (5A) of rule 133 were substituted by S.I. 1996/32, rule 48.back [8] Rule 134 was amended by S.I. 1996/32, rule 49.back [9] Schedule 4 was substituted by S.I. 1996/32, rule 55, Schedule 2 and was amended by S.S.I 2000/187, rule 22.back
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| © Crown copyright 2002 | Prepared 11 April 2002 |