Penal Policy

Age of Criminal Responsibility (Scotland) Act

On 29 November the Age of Criminal Responsibility (Scotland) Act came into effect, raising the minimum age of criminal responsibility from 8 to 12. Our view continues to be that this should be raised further. The Act contains a commitment to review the age limit and one of our Committee Members sits on the Advisory Group on Reviewing the Age of Criminal Responsibility.

Scottish Elections (Franchise and Representations) Bill Report

On 13 November, the Standards, Procedures and Public Appointments Committee published its report on evidence taken on the Scottish Elections (Franchise and Representations) Bill. It concluded that they “would like to see the … policy on prisoner voting driven by principle and evidence” and that “the Scottish Government has settled on an approach which fails to address the central question of what disenfranchisement seeks to achieve”. We will continue to campaign for the franchise to be extended to all prisoners.

Standards, Procedures and Public Appointments Committee Report

HLS written evidence

HLS oral evidence

Pre-Budget Scrutiny

On 9 October 2019, the Scottish Parliament Justice Committee took Pre-Budget Scrutiny evidence from a number of witnesses, including Colin McConnell (Chief Executive, SPS). His evidence included discussion about contingency plans if all, or part of, a facility such as HMP Barlinnie failed, where the hypothetical situation was described as "unchartered territory". It was noted that this wasn't something that had been come across in work in three of the UK jurisdiction prisons, but that in the event of catastrophic failure, there would be a number of options. One was based on the knowledge that SPS has active contingency plans for up to 500 additional people to be located in other establishments, noting that in the early stages this would compromise of no more than a mattress on the floor and the provision of appropriate toiletries. It was outlined that if the whole prison became unusable, there would be a requirement to talk to the Scottish Government about executive release, because SPS could not find places for 1,400 people in a system which is already overstretched. 
 
The evidence stated that the SPS had a current operating capacity of 7,669 with an operating emergency capacity of 8,492. With current numbers at 8,297 this would leave headspace of 195 places.
 
 
 

Scottish Government - Programme for Government 2019/20

The Scottish Government's Programme for Government 2019/20 was published on 3 September 2019. It stated that the new Women's National Facility (WNF) and first two Community Custody Units (CCUs) will not now be complete and operational by the end of 2020 as previously advised, but that the CCUs will open by the end of 2021 and construction of the new WNF is scheduled to begin early in 2020.

Whilst we welcome the introduction of the new CCUs, we remain concerned that the number of women currently imprisoned far exceeds the capacity provided by the new parts of the estate.

Protecting Scotland's Future - Scottish Government's Programme 2019-20

Franchise Extended to Prisoners to Vote in the Shetland By-Election

We welcome the Scottish Government's announcement (01 August 2019) that it will take steps to align the franchise for the Shetland by-election with the European Convention on Human Rights (ECHR). A Remedial Order has been used to extend the franchise to those sentenced to prison terms of 12 months or less, following the 2005 European Court of Human Rights ruling which found that the UK Government's blanket ban on prison voting to be a breach of human rights. Whilst accepting its legal obligation under the Scotland Act to comply with the ECHR, we are disappointed that the Scottish Government has chosen the route of minimum level of compliance, eschewing the opportunity to signal the inclusive and democratic character of Scottish society.

https://www.gov.scot/news/franchise-for-shetland-by-election-to-be-aligned-with-court-ruling/

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