prisons

Reducing Scotland's Prison Population (Yet Again ...)

Following the launch of the consultation on proposals to change the point of release for long term prisoners on 8 July 2024, the consultation report was published on 10 October 2024. You can read our consultation response here. On the same day, the Cabinet Secretary made a Statement to Parliament. As she had been warned, the prison population had quickly returned to pre-emergency release levels.

A report published on 2 September 2024 on the Early Release of Prisoner and Prescribed Victim Supporters (Scotland) Regulations 2024 is available here. It showed that 477 people were released under the emergency release regulations, with Governors having vetoed 171 of those initially identified.

A further report published on 2 October 2024 showed that of the 477 released prisoners, 57 (12%) of them had been returned to prison having been accused/convicted of further offending. (This is lower than the ‘normal’ rate of reoffending over a similar time period.) The average time in the community was between 2 and 61 days, with an average time length of 22 days.

On the day of the Parliamentary Statement the population stood at 8,322, against an operating target of 8,007. The Cabinet Secretary thus advised that in November 2024 she would be introducing new proposals to move the point of automatic release for short-term prisoners from 50% to 40% in the expectation that this would immediately reduce the population by between 260 and 390 people and would continue to do so in a sustainable way. She also advised that HDC GPS technology would be introduced in January 2025 (subject to Parliamentary approval).

The Cabinet Secretary’s statement was followed by one from the Lord Advocate (Dorothy Bain KC) who advised that she would be issuing short-term guidance to sentencers making decisions regarding bail and remand. The guidance does not apply to those involved in allegations of domestic abuse or sexual violence. Much of it appeared to reflect points that we had made previously about the importance of information being made available to sentencers at the point of setting bail and discouraging automatic objections to it by the Crown. Bail reviews are to be encouraged alongside a full roll-out of the successful Summary Case Management pilot which was launched at Dundee, Hamilton and Paisley Sheriff Courts and before being extended to Glasgow and Perth.

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.

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.

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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