News
Presumption Against Short Sentences (PASS)
We are pleased to report that on 26 June 2019, the Scottish Parliament approved the Presumption Against Short Periods of Imprisonment Order which extends the presumption against short sentences from 3 months or less to 12 months or less. This is something which we have been advocating for many years, arguing that prison should be reserved for those who have committed the most serious of offences and who pose the greatest risk to public safety.
We were invited to give written evidence to the Justice Committee in their scrutiny of the Presumption Against Short Periods of Imprisonment (PASS) Order, in which we highlighted that short prison sentences had been shown to be less effective than well-resourced noncustodial measures in preventing reoffending and were also more damaging to those on whom they are imposed.
We drew attention to the fact that low level crimes, which attract short custodial sentences, are often linked to disadvantaged circumstances, mental health problems and addictions and that even a short period in prison, whether post-sentence or on remand, is long enough to disrupt employment, medical care, housing and family relationships, but not long enough to tackle the underlying causes of offending behaviour. We also highlighted that custodial sentences particularly disadvantaged women, families and children.
Noting that the current PASS, set at three months, has had no significant impact on the size of the prison population, we suggested that extending the presumption would only have limited scope to counter Scotland’s over-reliance on imprisonment as a punishment. We broadened the debate to remind us all that to achieve any significant reduction in the prison population, we would also need to reduce the number of long prison sentences imposed (especially life sentences) as well as the number of prisoners on remand.
We shared others’ concerns that sentencers had to have confidence that alternative disposals, such as Community Payback Orders, would be adequately resourced and there would need to be significant immediate investment in non-custodial provisions. We also called for the extension of the presumption to be monitored to ensure there was no up-tariffing.
We were also invited to give oral evidence to the Justice Committee on 4 June 2019, at which our Committee Member, Dr. Katrina Morrison, reiterated our views whilst suggesting that “we need to having conversations about what punishment is, and what it isn’t, in order to reduce the prison population” – a point which was later picked up on in a Scottish Parliamentary Debate about Whole Life Custody (Scotland) Bill.
The order will be made by the Cabinet Secretary for Justice on 2 July 2019 and will come into force on 4 July 2019, with the presumption applying to offences committed thereafter.
Howard League Scotland Written Evidence
Howard League Scotland Supplementary Written Evidence
UN Committee Against Torture - Key Concerns
The UN Committee Against Torture will shortly conduct a review of UK progress in implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment . (For background, the Scottish Government published an update on the UN Human Rights Council recommendations from the last review.) Alongside our partners in Human Rights Consortium Scotland, we have raised the following key concerns to the UN Committee Against Torture:
1. Deaths in police and prison custody
Each year for the last several years a significant number of prisoners have died whilst in SPS custody.[1] Various factors, including both the poor physical and mental health experienced by many people on entry to the prison and the rising number of old people in prisons, combine to produce these outcomes. In Scotland, deaths in custody are subject to a mandatory Fatal Accident Inquiry (FAI) chaired by a judge.[2] However, there is no statutory time limit on this process and there is a substantial backlog in completing these.
Our analysis of information on the 50 most recent FAIs provided by Scottish Courts and Tribunals Service, shows that whilst most take place within 12 months of the date of death, there are instances where this has taken up to 4 years. None of the resulting determinations included recommendations for improving systems or processes, and there was much variance in time taken to publish i.e. from a matter of days to over a year.
In Scotland, remand prisoners make up 18.7% of our prison population, but account for 27% of the deaths in custody, thus being on remand disproportionately increases a person’s chance of dying whilst in custody.
Actions
The UN Committee Against Torture may wish to seek further information on these matters in discussion with the Scottish Government, including consideration of the following: increased scrutiny of health care and management of older prisoners; the implementation of effective suicide prevention strategies in Scottish prisons; management of the investigations of deaths and associated delays being more transparent; and the Scottish Government ability to restrict the courts’ use of remand.
2. SPS overuse of long-term segregation which amounts to solitary confinement
Scottish prisoners whose behaviour is judged to be prejudicial to the good order and discipline of the institution may be removed from association and located in a ‘Separation and Reintegration Unit’ (SRU) under Rule 95 of the Prisons and Young Offenders Institution (Scotland) Rules 2011.Although such orders are initially made for a period of up to 72 hours they can be repeatedly extended with reference to the delegated authority of Scottish Ministers.
Concerns include that such extensions arise recurrently in the case of certain prisoners such that they come to be removed from ‘the mainstream’ for many months in succession. There has been a limited (though notable) amount of prisoner litigation on this issue[3] but little or no current research or recent public discussion on policy. Statistics provided by the SPS in response to a Freedom of Information request[4] showed that on 1 January 2017 one prisoner had spent over 800 consecutive days in a SRU in one prison (Grampian), one over 700 days (in Edinburgh) and another 7 over one year.
Actions
The UN Committee Against Torture may wish to pursue these matters in discussions with the Scottish Government and SPS.
3. Imprisonment of women
In 2015 the Scottish Government decided not to proceed with plans for a new women’s prison at Inverclyde. Instead, it resolved to create five small ‘community custody units’ in Scotland’s larger cities and one national facility with places for 80 women to replace the existing women’s prison at Cornton Vale.It was advised that the new female prison estate would hold 230.
As at 15 January 2019, the female prisoner population stood at 381, with women held in several locations, including a number of prisons formerly exclusively for males (Edinburgh, Greenock, Grampian, Polmont).
Two of the three community custody units (circa 36 places), are due for completion by the end of 2020, with no details as to when the remaining three will come on-stream. In answer to a Parliamentary Question re the women’s estate on 15 January 2019[5], the Cabinet Secretary for Justice advised that fuller detail would be provided.
Given the significant changes currently in hand, confirmation of the consequences for women in custody during the current transitional period would be timely.
Serious concerns have arisen recently about the use of restraints especially as applied to women and searching practices. We have received reports, which we are not in a position to investigate further, of intimate body searches of women by teams including male officers.
The safe and appropriate treatment of persons in custody who are transitioning/ transgender is a question that has recently come into sharp focus, and it is one with which the UN Committee Against Torture should rightly be concerned.
In our view the safety of all persons in custody is a non-negotiable priority which imposes clear duties on the responsible authorities. All prison services should be held accountable for their performance in this respect. All persons have the right not be victimised or re-traumatised in prison or detention.
In Scotland, the vast majority of trans/transitioning people in custody are m2f, the majority of them have not yet had gender reassignment surgery.
The Scottish Prison Service is currently consulting on their approach to the care of transgender people in custody. Their current approach allows anyone who self-identifies as transgender to be recognised as such, regardless of medical or psychological certification which supports this. This reflects the national approach to gender recognition taken by the Scottish Government.
The English and Welsh approach on the other hand, only recognises transgender people after a process of being granted a Gender Recognition Certificate which takes at minimum two-years and which has been criticised by the Scottish Government, amongst others, as being overly intrusive and onerous.
Significant and complex problems may arise however where transitioning /transgender prisoners elect to be housed in women's prisons. Women in custody are an especially vulnerable group, many of whom have also been the victim of sexual violence in their lives. The rights of women to be safe and to feel safe - including their rights to be housed in female-only settings - whilst in the care of custodial institutions cannot be compromised for any reason. The views of women prisoners should be specifically sought in consultation processes.
Actions
We recommend that the UN Committee Against Torture seeks further information on interim plans for the women’s estate and evidence of the possible use of restraints.
We urge the UN Committee Against Torture to attend to the issues re transitioning/transgender prisoners with some urgency with a view to providing clear guidance of good practice for prison services in this area. This should include the Committee’s own investigation into international best practice - including the differences between the Scottish and English and Welsh approaches - and careful ethical consideration.
New Strapline Brief
No incentives. No terms and conditions. Just a simple brief and the opportunity to contribute to making Scotland a better and safer place.
We're proud to follow the search John Howard took between 1775 and 1790 to find a humane prison system, and to work with associated organisations founded in his name across the world. In 1979 our unique penal system called for the establishment of an independent Scottish organisation, and to mark our 40th Anniversary this year we'd like your help in coming up with a strapline to reflect and celebrate what we stand for. Email responses to: info@howardleague.scot.
Strapline Brief
Background
Howard League Scotland (HLS) is Scotland’s leading independent campaigning organisation for the rights of prisoners and other offenders. Established in 1979, we promote just responses to the causes and consequences of crime, convinced that prison should be a place of last resort. We do not seek Government funding and HLS is entirely funded by voluntary donations, allowing us to speak freely on issues of concern.
We focus on how to reduce the number of people in prison, and on prison conditions and regime. We campaign for progressive approaches to prisoners, based on evidence of ‘what works’ and on a humane approach to ‘what’s right’. For example, we believe that the Minimum Age of Criminal Responsibility should be raised from 8 to 16 years of age; that all prisoners should have voting rights; that more use should be made of non-custodial sentences; and we are opposed to the building of a new super-size prison to replace Barlinnie.
We don't represent individuals or provide services. Working with MSPs, other decision makers and influencers, we aim to highlight key areas of concern and present evidence on penal reform issues via our website, social media channels and the media, as well as directly to Parliamentary Committees.
The HLS Committee is made up of experts drawn from legal, academic, voluntary and public sector backgrounds, who all give freely of their time and expertise.
Requirement
A strapline, which we would like to add to our existing logo and launch at our 40th Anniversary Conference in May 2019: ‘Reimagining justice in Scotland’.
Examples of how the strapline and logo could be executed creatively would also be welcome.
Objectives
- help to position Howard League Scotland as a separate entity from the Howard League for Penal Reform, which whilst describing itself as a national charity, operates in England and Wales
- provide clarification of what we stand for, in order to boost membership and support our fundraising applications and activities
Target Audience
Key parliamentarians; civil and other public servants; funders; academics; practitioners; members of the public interested in penal reform; media; other penal reform organisations.
Tone
Inspiring
Pages
Sections
Archive
2024
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HMIPS Full Inspection of HMP & YOI Polmont
24th April 2024
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Audit Scotland: 2022/23 Audit of the Scottish Prison Service
24th April 2024
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SPS Policy for the Management of Transgender People in Custody
24th April 2024
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Scottish Prison Population Statistics 2022-23
24th April 2024
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Scottish Crime and Justice Survey 2021/22
24th April 2024
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Criminal Justice Committee: Pre-budget Scrutiny Report 2024/5
24th April 2024
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Coronavirus (Recovery and Reform) (Scotland) Act 2022
24th April 2024
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Prison Population Projections
24th April 2024
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HMIPS Full Inspection of HMP Perth
24th April 2024
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Cabinet Secretary for Justice Statement to the Scottish Parliament
24th April 2024
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HMIPS Annual Report 2022-23
24th April 2024
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SPS Corporate Plan 2023 - 2028
24th April 2024
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Justice Analytical Services (JAS) Safer Communities and Justice Statistics Monthly Data Report
24th April 2024
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Deaths in Prison Custody in Scotland 2012-2022
24th April 2024
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Scottish Sentencing Council: Statutory Offences of Causing Death By Driving Guideline
24th April 2024
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The Case for Gendered and Intersectional Approaches to Justice
24th April 2024
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Associations Between Significant Head Injury in Male Juveniles in Prison in Scotland UK and Cognitive Function, Disability and Crime
24th April 2024
2023
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HMIPS Thematic Review of Segregation in Scottish Prisons
18th September 2023
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HMP Greenock Full Inspection Report
18th September 2023
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Bail and Release from Custody (Scotland) Bill
18th September 2023
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Recorded Crime in Scotland 2022-2023
18th September 2023
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Prison Mobile Phone Phase Out
18th September 2023
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Children (Care and Justice) (Scotland) Bill
18th September 2023
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Scottish Courts and Tribunals Service Corporate Plan (2023-26) & Business Plan (2023-24)
18th September 2023
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Prisoner Voting
18th September 2023
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HMP Addiewell Full Inspection
18th September 2023
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Journey Times in Scotland's Criminal Justice System Report
18th September 2023
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Joint Review of Diversion From Prosecution
18th September 2023
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'Still Nothing to See Here' Follow Up Report
18th September 2023
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Scottish Parliament Pre-Budget Scrutiny
18th September 2023
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HMIPS Annual Report 2021-2022
18th September 2023
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HMIPS Strategic Plan 2022-2025
18th September 2023
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HMP Shotts: Full Prison Inspection
18th September 2023
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Court Backlog Modelling
18th September 2023
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Scottish Prison Population Health Needs Report
18th September 2023
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The New Women's Prison Estate in Scotland
18th September 2023
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Recorded Crime in Scotland 2021-2022
18th September 2023
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Scottish Sentencing Council Reports
18th September 2023
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Mental Health Support in Scotland's Prisons 2021: Under-Served and Under-Resourced
18th September 2023
2022
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Judged on Progress: the Need for Urgent Delivery on Scottish Justice Sector Reforms
21st April 2022
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Age of Criminal Responsibility (Scotland) Act 2019 Implemented
21st April 2022
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Independent Review of the Response to Deaths in Prison Custody
21st April 2022
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Scottish Sentencing Council: Guideline on the Sentencing of Young People
21st April 2022
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HMIPS Annual Report 2020-2021
21st April 2022
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HMIPS Health and Well-Being Pre-Inspection Survey
21st April 2022
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Scottish Sentencing Council Report: Judicial Perspectives on Community-Based Disposals
21st April 2022
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Reconviction Statistics: 2019-19 Offender Cohort
21st April 2022
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Recorded Crime in Scotland 2020-2021
21st April 2022
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HMIPS Liaison Visit to HMP Greenock
21st April 2022
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HMIPS Liaison Visit to HMP Castle Huntly
21st April 2022
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Audit Scotland: Community Justice Sustainable Alternatives to Custody
21st April 2022
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Mental Welfare Commission Report: Women and Mental Ill-Health
21st April 2022
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Membership of the new Scottish Parliament Criminal Justice Committee Announced
21st April 2022
2021
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The Scandal of Remand in Scotland: A Report by Howard League Scotland – May 2021
21st May 2021
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An Urgent Plea from Howard League Scotland Committee
21st April 2021
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Expert Review of Mental Health Support For Young People Entering And In Custody At HMP&YOI Polmont - Final Progress Update
15th April 2021
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Extended Presumption Against Short Sentences Monitoring Information: January – December 2020
15th April 2021
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Scottish Crime & Justice Survey 2019-20
15th April 2021
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Criminal Justice Social Work Statistics: 2019 -20
15th April 2021
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HMIPS Liaison Visit to HMP/YOI Grampian
15th April 2021
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Review of Forensic Mental Health Services in Scotland Final Report
15th April 2021
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The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Rules
15th April 2021
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Covid19 Court Restrictions Extended
15th April 2021
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The Community Orders (Coronavirus)(Scotland) Regulations 2021
15th April 2021
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The Restorative Justice (Prescribed Persons) (Scotland) Order 2021
15th April 2021
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Allan Marshall FAI Recommendations
15th April 2021
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The Parole Board (Scotland) Amendment Rules 2021
15th April 2021
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Effects of New Covid19 Variant
15th April 2021
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Scottish Courts and Tribunals Service (SCTS) Criminal Case Throughput Data
15th April 2021
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Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment Report
15th April 2021
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Reconviction Rates in Scotland: 2017-18 Offender Cohort
15th April 2021
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Justice Committee Evidence Session - Covid19 Effects on Criminal Justice System
15th April 2021
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HMIPS Liaison Visit to HMP Kilmarnock
15th April 2021
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Management of Offenders (Scotland) Act - Electronic Monitoring
15th April 2021
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Outstanding Unpaid Work (Community Payback Orders)
14th April 2021
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HMP Dumfries Full Inspection
14th April 2021
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New European Prison Rules
14th April 2021
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Scottish Prison Population Statistics 2019 - 2020
14th April 2021
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HMIPS First Liaison Visit to HMP Addiewell
14th April 2021
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HMIPS First Liaison Visit to HMP Edinburgh
14th April 2021
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Disclosure (Scotland) Act
14th April 2021
2020
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HMIPS: Remote Monitoring and Liaison Visits
16th November 2020
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Virtual Visits and Mobile Phones in Scottish Prisons
16th November 2020
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SPS Covid19 Route Map
16th November 2020
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Scottish Crime and Justice Survey 2018-19
16th November 2020
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HMIPS Inspection of HMP Edinburgh
16th November 2020
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Jackie Tombs – A Note of Appreciation
20th August 2020
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Three Keys to Unlocking the Problem of Prisons in a Pandemic
25th June 2020
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‘Prisoner householding’: the latest threat from Covid-19
29th April 2020
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COVID-19 in Scottish Prisons: Update #1
30th March 2020
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COVID-19 in Scottish Prisons
30th March 2020
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Scottish Elections (Franchise and Representations) Bill Passed
30th March 2020
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Disclosure (Scotland) Bill Report
23rd March 2020
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Age of Criminal Responsibility (Scotland) Act
23rd March 2020
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Scottish Elections (Franchise and Representations) Bill Report
23rd March 2020
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Independent Review of the Handling of Deaths in Custody
23rd March 2020
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Evidence to Education and Skills Committee: Disclosure (Scotland) Bill
23rd March 2020
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HMP Glenochil Full Inspection
23rd March 2020
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Council of Europe's European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
23rd March 2020
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Pre-Budget Scrutiny
11th February 2020
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Throughcare Service Provision Announcement
11th February 2020
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Recorded Crime in Scotland: 2018-2019
11th February 2020
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Evidence to Standards, Procedures and Public Appointments Committee: Prisoner Voting
11th February 2020
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Audit Scotland audit of SPS
11th February 2020
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Scottish Government - Programme for Government 2019/20
11th February 2020
2019
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HMIPS Annual Report 2018-19
5th November 2019
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Fatal Accident Inquiry - Allan Marshall (HMP Edinburgh)
5th November 2019
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Franchise Extended to Prisoners to Vote in the Shetland By-Election
5th November 2019
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Suspension of SPS Throughcare Support Service
25th July 2019
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Management of Offenders (Scotland) Bill
1st July 2019
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Presumption Against Short Sentences (PASS)
28th June 2019
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UN Committee Against Torture - Key Concerns
11th March 2019
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New Strapline Brief
28th January 2019