The Prisons and Young Offenders Institutions (Scotland) Rules 2006

Assignment of supervision levels

17.—(1) Every prisoner shall be assigned a supervision level in accordance with the provisions of this Part of these Rules.

(2) Subject to paragraphs (3) to (9), a prisoner shall be assigned the appropriate supervision level having regard, so far as applicable, to the following criteria:–

(a)the seriousness of the offence for which the prisoner has been convicted;

(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.

(4) Subject to paragraph (7), all prisoners, on reception, shall be assigned high supervision level.

(5) Within 72 hours of reception, the supervision level of all prisoners shall be reviewed in accordance with the provisions of these Rules.

(6) An untried prisoner, or a prisoner who has been convicted but is awaiting sentence, shall be assigned no lower a supervision level than medium supervision level.

(7) On reception, a prisoner who is–

(a)transferred under paragraph 1 of Schedule 1 to the Crime (Sentences) Act 1997(1) 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(2),

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.

(8) Following the review of a supervision level in terms of paragraph (5) above, the Governor shall keep under review and shall formally review within 6 months, and thereafter at least once in every period of 12 months, the supervision level assigned to each prisoner and may, if appropriate, assign another supervision level to the prisoner.

(9) The entitlement of any prisoner who is assigned low supervision level to participate in supervised or unsupervised activities in the community shall be subject to the requirements of rule 111 and of Part 15 of these Rules.