As a result of legal advice, ministers have directed that the SPS should suspend the use of additional days to minimise the risk of a successful challenge under the European Convention on Human Rights

Scottish Executive spokeswoman

Under the Prisons (Scotland) Act 1989 these breaches include the possession of unauthorised property, disobeying prison regulations and refusing to work.

As such infringements are not criminal offences they are heard before the prison governor or another senior manager in the jail rather than in the court system.

A spokeswoman said the action had been taken due to advice that this element of the prison discipline system may be at risk of successful challenge under the European Convention on Human Rights.

In particular, it is possible that the role of the prison governor in imposing additional days could be challenged.

The spokeswoman said the power to award additional days and loss of remission would remain on the statute book and existing awards would remain in force.

However, from Monday governors will not make new awards of additional days or loss of remission for breaches of discipline.

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She said: "As a result of legal advice, ministers have directed that the SPS should suspend the use of additional days to minimise the risk of a successful challenge under the European Convention on Human Rights.

"A legal challenge in England is currently being considered by the European Court of Human Rights in Strasbourg.

"This case will be closely monitored, and the suspension of additional days and loss of remission will be kept under review.

"In reaching this decision, a consultation process with governors-in-charge of penal establishments has been undertaken by the SPS to ensure that the operational impact of this decision has been fully considered.

"Governors-in-charge are generally of the view that the removal of additional days and loss of remission will not have any significant operational or management consequences for the Scottish prison system."

She added that current punishments other than ADAs and LoR, such as isolation and loss of recreation time, would remain available to prison governors while serious criminal behaviour would continue to be referred to the police for possible criminal charges.