Section one Context
where they are fixed-term sentences of
seven years or more in length.43
The Management of Offenders (Scotland)
Act 2019 received Royal Assent in July 2019,
creating changes in the management of
people serving sentences outside of prison.
The Act strengthens powers of recall from
home detention curfew (HDC) by introducing
a new offence (of remaining unlawfully at
large) and granting police greater powers to
help apprehend anyone who absconds. It
also enables courts to add electronic
monitoring to a Community Payback
Order, enabling the use of GPS and remote
substance monitoring technology, in addition
to the radio frequency technology currently
used with curfew tags.44 The new Act
followed the publication of reviews of HDC
by HMIPS and HMICS in 2018. There were
further changes to the guidance on HDC
in Scotland, published in December 2019.
In May 2019, HMICS published Strategic
Review – an independent assessment of
Police Scotland’s response to a breach of
Home Detention Curfew – progress review,
having conducted fieldwork in April and
May 2019, testing the progress of the 16
recommendations.
43
44
45
46
47
Reviews into prison conditions in
England and Wales
The House of Commons Justice Committee’s
report of its inquiry, Prison Population 2022:
planning for the future, was published in
April 2019. It found that over the past 25
years, the prison population in England and
Wales has almost doubled in size, but that
capacity has not kept pace with demand.
The inquiry heard that staffing shortages and
other disruptions have severely undermined
the delivery of rehabilitative services in
prisons. The Committee concluded that
this creates immeasurable wasted costs
and recommended an overarching strategy
for reoffending with significant additional
resources for cross-departmental provision.45
Following this, in October 2019 the Justice
Committee published the report of its inquiry
on prison governance. Recommendations
included a repeated recommendation that
the Prisons and Probation Ombudsman
(PPO), the national structure of Independent
Monitoring Boards and the NPM should be
put on a proper statutory footing.46
The Prison Performance Support Programme,
a new intensive support programme which
aims to help ‘challenging’ prisons to improve
safety and rehabilitation, was introduced in
February 2020. The Ministry of Justice (MoJ)
reports that more staff, new technology
and maintenance improvements will play
a key role.47 The initiative sits alongside
the government’s £2.75 billion investment
plans, which focus on prison security,
creating additional prison places and tackling
pressing maintenance issues in existing
UK Government, The Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2019, https://www.
legislation.gov.uk/ukdsi/2019/9780111190524 [accessed 24/08/2020]
UK Government, Management of Offenders (Scotland) Act 2019, https://www.legislation.gov.uk/asp/2019/14/notes/
division/4/1/1 [accessed 24/08/2020]
Justice Committee, April 2019, Prisons crisis: Government’s current approach inefficient, ineffective and unsustainable,
https://committees.parliament.uk/committee/102/justice-committee/news/99437/prisons-crisis-governments-currentapproach-inefficient-ineffective-and-unsustainable/ [accessed 24/08/2020]
House of Commons Justice Committee, October 2019, Prison Governance: First Report of Session 2019, https://
publications.parliament.uk/pa/cm201919/cmselect/cmjust/191/191.pdf [accessed 30/10/2020]
MoJ, February 2020, Press release: New support plan to improve jails, https://www.gov.uk/government/news/newsupport-plan-to-improve-jails [accessed 24/08/2020]
21
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