§ Dr. Godmanasked the Secretary of State for Scotland what rules, regulations and guidelines are applicable to the strip-searching and intimate scrutiny of female prisoners in Her Majesty's prisons in Scotland; if he will place copies of such documents in the Library; and if he will make a statement.
§ Mr. John MacKayGeneral provisions regarding the searching of prisoners in prisons in Scotland are contained in rule 14 of the Prison (Scotland) Rules 1952, copies of which are available in the Library.
Prison standing orders require strip-searches to be carried out as part of normal admission and discharge procedures; when a prisoner is being transferred to a segregation unit; during routine cell searches and special cell searches where there is reason to believe that contraband or weapons are being concealed; following "open" visits; and on leaving prison to attend a court hearing.
The procedures observed in Scottish penal establishments for the strip-searching of female prisoners by female staff are as follows:
- (a) When a female is being strip-searched she is required, after removing her outer garments, to remove or drop to the waist the underclothing of the upper half of her body; she is then provided with a sheet to wrap around herself before removing the underclothing from the lower half of her body for examination. In the interest of decency great care is taken by the examining officer to ensure the minimum exposure of the body at any given time.
- (b) In cases where a female prisoner is menstruating, a request is made to remove the sanitary protection for examination. Staff fully appreciate the embarrassment which is inherent in such a situation and therefore approach the task with great sensitivity. In practice, there has been no occasion within the recollection of staff when any refusal to meet such a request has been maintained. In the event of a refusal, the right to remove a sanitary towel, but not a tampon, is reserved to staff.