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Judged on Progress: the Need for Urgent Delivery on Scottish Justice Sector Reforms

Thursday, April 21, 2022 - 14:53

On 10/01/22 the Scottish Parliament’s Criminal Justice Committee published its report, ‘Judged on Progress: the Need for Urgent Delivery on Scottish Justice Sector Reforms’. It’s a weighty piece with recommendations across the following areas: the impact of Covid 19 on the justice sector; prisons and prison policy; misuse of drugs and the criminal justice system; violence against women and girls; victims’ rights and victim support; reducing youth offending, offering community justice solutions and alternatives to custody; and legal aid.          Importantly, it includes an Action Plan for the Scottish Justice Sector in this session of Parliament, which include monitoring mechanisms e.g. did the Scottish Government agree to the recommendation to deliver the manifesto commitment not to hold under 18s in HMP Polmont – yes/no/in part – with progress against delivery.

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Age of Criminal Responsibility (Scotland) Act 2019 Implemented

Thursday, April 21, 2022 - 14:50

On 17/12/21 Age of Criminal Responsibility (Scotland) Act 2019 was implemented, whereby the age of criminal responsibility in Scotland rose from 8 to 12. (This was despite calls from the UN and Council of Europe during its passage through the Scottish Parliament that it should be raised to a minimum of 14.)

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Independent Review of the Response to Deaths in Prison Custody

Thursday, April 21, 2022 - 14:48

On 30/11/21 HMIPS, Families Outside and SHRC published the Independent Review of the Response to Deaths in Prison Custody. It contained a great number of recommendations under the following 5 themes: Family contact with the prison and involvement in care; Policies and processes after a death; Family contact and support following a death; Support for staff and other people held in prison after a death; and SPS and NHS documentation concerning deaths. Its key recommendation was “that a separate independent investigation should be          undertaken into each death in prison custody. This should be carried out by a body wholly independent of the Scottish Ministers, the SPS or the private prison operator, and the NHS.”

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Scottish Sentencing Council: Guideline on the Sentencing of Young People

Thursday, April 21, 2022 - 14:46

On 09/11/21 2021, the Scottish Sentencing Council’s guideline on the sentencing of young people was approved by the High Court. It came into force on 26 January 2022 and sets out various factors which should be taken into account when sentencing a young person up to the age of 25. It’s based upon research into how young people develop physically and psychologically, and into the differences between young people and older people.

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HMIPS Annual Report 2020-2021

Thursday, April 21, 2022 - 14:44

On 02/11/21 HMIPS published its Annual Report 2020- 2021, advising that overcrowding, social isolation, an ageing estate, access to purposeful and rehabilitative activity, the numbers on remand, the high prevalence of mentally unwell people, the backlog in offending behaviour work and access to consistent health remained “highly problematic”. It noted human rights entitlement of access to fresh air was routinely compromised during COVID-19 outbreaks and that “IPMs continued to receive multiple requests regarding perceived barriers to        progression from prisoners. These concerned the suspension of offending behaviour programmes, delays in temporary release applications and general queries related to risk management decisions and integrated case management processes”.

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