The Prisons and Young Offenders Institutions (Scotland) Rules 1994

Rule 2(2)

SCHEDULE 1MODIFICATION 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(1), 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:–

“Exercise

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:–

“Minimum number of women members of visiting committees

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(2), 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.

Rule 12

SCHEDULE 2SECURITY CATEGORIES

Rule 94

SCHEDULE 3BREACHES 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.

Rule 133

SCHEDULE 4CONSTITUTION OF VISITING COMMITTEES

Rule 143

SCHEDULE 5REVOCATIONS

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

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

Rule 144

SCHEDULE 6SAVINGS 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.