News

Order for Lifelong Restriction Prisoner Judicial Review

On 2 May 2024, a judicial review brought by an OLR  (order for lifelong prisoner) against the Scottish Government was upheld by the Outer House, Court of Session. It ruled that the petitioner’s rights under under Article 5(1) of the European Convention on Human Rights had been breached as a result of a 20 month delay in the prisoner accessing the rehabilitative course required to demonstrate a reduced risk to the Parole Board.  His detention was ruled to have become arbitrary in an Article 5(1) sense, until real opportunities for rehabilitation were provided to him.

HMIPS Full Inspection of HMP Edinburgh

On 14 March 2024, a full HMIPS inspection report of HMP Edinburgh was published. It raised specific concerns about lack of purposeful activity; time out of cell; and the need for tighter assurance on the use of force.

GEOAmey Prison Transport Contract Issues

On 14 March 2024, the Scottish Parliament’s Public Audit Committee took evidence from His Majesty's Inspector of Prisons for Scotland, Wendy Sinclair-Gieben. She described GEOAmey’s performance as “truly shocking”, advising that there were short-term tweaks possible, but that it all came down to more prisons or less prisoners. She reiterated that Scottish prisons were at a tipping point where we needed to spend to save and that HMP Greenock should be “bulldozed”. She recommended that consideration  be given to making the presumption against short term sentences mandatory; and that currently it is only down to good staff that insurrection has prevented. 

On 28 March 2024, three senior GEOAmey directors gave evidence to the Scottish Parliament’s Public Audit Committee. They maintained that whilst they apologised for their poor performance, it was down to two things: i) socio-economic factors relating to fewer people looking for work ii) changes to the “operating environment” (more prisoners and more of them needing to get to court/hospital appointments/VIPERs etc.). In their view, they were “the face of failure” and that the solutions lie in other parts of the criminal justice system making changes too and that all human rights obligations remain with the “state actors” i.e. SPS.                           

Closure of Turning Point 218

As previously advised, on 14 February 2024, Turning Point’s 218 service for women closed its doors. The 218 service operated eight residential beds for women with a criminal justice background and complex needs. It offered an alternative to custody for women in the justice system, helping up to 50 women a year. We fed a number of MSPs information on this and its important part in preventing the 'revolving door' of women's short-term offending was repeatedly raised in Parliament to little or no avail. We highlighted that there were some very worrying statements being made in Parliament – even from the First Minister – which seemed to conflate the 218 service with the Lilias Centre. The fact that the former is/was a women’s residential drug rehabilitation centre (as an alternative to custody) and the latter is a women’s prison (the definition of custody) appeared to be lost on far too many people. 

Deaths in Custody

In February 2024, the third annual report into deaths in custody in Scotland was published. It found that 244 people had died in custody or under the control of the state between between October 2022 and September 2023. 38 people died in prison and the death rate in 2021-23 was 618 (per 100,000) compared to 242 (per 100,000) in 2008-10. It also found that suicide (6) and drug deaths (7 plus 5 suspected) accounted for between one-third to one half of all deaths in prison custody in 2022-23.

On 17 June 2024, the Death in Prison Custody: Action Plan - March 2024 Update was published. It’s useful to look at this alongside the Council of Europe’s annual penal statistics which were published on 5 June 2024. They showed that only 3 countries in Europe have a higher prison suicide rate than Scotland. The European median is 5.3 suicides per 10,000 prisoners. In England and Wales the rate is 9.3. In Scotland it’s 18.9.

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