National Preventive Mechanism Eleventh Annual Report 2019–20
An HMIPS report on an expert review of the
provision of mental health services for young
people entering and in custody at HMP
YOI Polmont was published in May 2019.63
Recommendations included enhanced and
more consistent Death in Prison Learning
Audit and Review processes, by the Scottish
Prison Service, to maximise learning from
previous incidents, and further consideration
by the Scottish Government of how the
justice system can better respond to
international evidence about maturation and
alternative models of secure care.
Reviews into prison conditions in
Northern Ireland
In November 2016, the Ministers of Justice
and Health in Northern Ireland announced
a joint review of vulnerable people in
custody. This followed five consecutive
deaths in prison in Northern Ireland,
four relating to mental health issues,
and incidents of prisoners committing
acts of serious self-harm. Publication of
the report has been paused, partly due to
the delay in establishing the Executive in
Northern Ireland. In December 2018, RQIA
was commissioned to complete the report,
which is now expected in June 2021.
Prisoner voting rights
Government and Elections (Wales) Bill,
brought forward by the Welsh Government
in March 2020, would, if passed, allow
prisoners sentenced to less than four years
to register to vote in Assembly and local
government elections. Similarly, in 2018
guidance was issued to the Northern Ireland
Prison Service that prisoners were allowed
to vote if they were on unaccompanied
temporary release or were released early
on licence during the custodial element of
their sentence on Conditional Early Release.
There are no further plans to introduce
voting for prisoners in England, though
proposals were made in 2017 to allow
prisoners on release on temporary licence
(ROTL) to vote. This is despite a judgment
made in 2005 (Hirst v United Kingdom
(No 2)) which found the blanket ban on
UK prisoners exercising the right to vote
is contrary to the European Convention on
Human Rights.64
Children in detention
Significant attention has been paid to
children in custody and secure care
nationally and internationally over the period.
There have also been legislative and policy
developments on the care and treatment of
children across the UK.
In Scotland, the Scottish Elections (Franchise
and Representation) Act 2020 will allow
prisoners to vote in local and Scottish
elections when they are serving a sentence
of less than 12 months. The passing of this
legislation was significant, as it was the
first to require a super majority (two-thirds
of all Members of Scottish Parliaments
(MSPs)) to back it. It was voted through in
February 2020 and received Royal Assent
on 1 April 2020. Amendments to the Local
63
64
26
HMIPS, May 2019, Report on Expert Review of Provision of Mental Health Services at HMP YOI Polmont, available: https://
www.prisonsinspectoratescotland.gov.uk/publications/report-expert-review-provision-mental-health-services-hmp-yoipolmont [accessed 24/08/2020]
House of Commons Library, August 2020, Research Briefing: Prisoners’ voting rights: developments since May 2015,
https://commonslibrary.parliament.uk/research-briefings/cbp-7461/ [accessed 24/08/2020]
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