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Children's Hearings Redesign Consultation

On 26 July 2024, the Scottish Government launched its Children’s Hearings Redesign consultation. This follows the 20-month review of the children’s hearings system led by our Convenor, Sheriff David Mackie - Hearings for Children: The report of the Hearings System Working Group which was published on 25 May 2023, and which set out a broad range of recommendations.

‘Review…Review ... Recommend … Repeat … An assessment of where human rights have stalled in places of detention’

On 25 July 2024, SHRC (Scottish Human Rights Commission) and NPM (National Preventive Mechanism) published a significant report: ‘Review … Recommend … Repeat … An assessment of where human rights have stalled in places of detention’. The report reviews recommendations made by international human rights bodies at the United Nations, and the European Committee on the Prevention of Torture, over a 10-year period in prisons and the forensic mental health estate. Having examined 29 specific recommendations, they found that 24 were making little or no progress; 5 were making significant progress; and 0 were complete. They have since identified 3 areas for further action: i) deaths in detention (including custody); ii) transfers between prisons and mental health facilities; iii) Orders for Lifelong Restriction.

Scottish Sentencing Council - Draft Rape Sentencing Guidelines

On 25 July 2024, the Scottish Sentencing Council launched a consultation on draft sentencing guidelines for rape offences (one concerning rape and one concerning the rape of a young child).

HMIPS Thematic Review of Prison Progression

On 14 June 2024,  HMIPS published a damning Thematic Review of Prison Progression in Scottish Prisons. The views of 1,154 people in total were taken into account. It concluded that not one part of the progression system was operating as it should. There are blockages at every stage of the process. There’s a lack of transparency and any understanding of it is confined to a very small group of people. Most prisoners were completely unaware of progression criteria for example. Amongst 58 recommendations, HMIPS called for the whole progression process to be reviewed. SPS say it’s committed to reviewing and resolving all issues.

Reducing Scotland's Prison Population (Again)

On 2 May 2024, the Public Audit Committee took evidence from Teresa Medhurst (SPS, Chief Executive) amongst others. (Their corresponding report was published on 10 June 2024.) She advised the Committee that 7 of Scotland’s prisons were on ‘high risk/red status’ and highlighted the severe pressures they were facing. A later letter from Ms Medhurst followed up some other points which the Committee had asked. The evidence reflected a letter that the Prison Governors Association had sent earlier to the Criminal Justice Committee. Shortly thereafter came a series of Parliamentary statements, legislative proposals and evidence sessions on what became the The Early Release of Prisoners and Prescribed Victim Supporters (Scotland) Regulations 2024 This legislation came into force on 13 June 2024.

On 8 July 2024 a consultation was launched on changing the point of release for long term prisoners. The proposals were later dropped with proposals to change the point of release for short-term prisoners.

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