National Preventive Mechanism Eleventh Annual Report 2019–20
Similarly, HMIPS found that prisons failed to
facilitate contact between foreign national
prisoners and their families via video link.
Inspectors found some prisoners on nonoffence and offence protection were
unable to access the prison regime and
spent a disproportionate amount of time
in cells, effectively amounting to conditions
of solitary confinement. Continued use
of psychoactive substances by prisoners
impacted on prisoner behaviour and staff
morale. There was a lack of access to
advocacy services and some barriers to
accessing mental health services. Inspectors
were concerned that progression was not
being managed sufficiently by the Scottish
prison service and that the introduction
of the national model had not addressed
the issues. For example, HMP Dumfries
had no offender management programme
available, meaning some prisoners were
unable to complete programmes required
for parole or rehabilitation progress without
moving location. HMIPS continued to raise
inconsistencies in health and social care
provision by the different health boards as
an ongoing issue.
An inspection of HMP Barlinnie in August
2019 was deeply critical and found the
prison to be wholly unsuitable for many
prisoners. The lack of accessible cells for
those with a disability was particularly
concerning. Inspectors also commented
on the poor overall living conditions and
fragile infrastructure in HMP Barlinnie,
Scotland’s largest prison. HMIPS’ report led
to a special visit to the prison from the
Scottish Parliament Justice Committee.
The Committee subsequently echoed serious
concerns about conditions in the prison.
It has since been announced that a site and
funding for a ‘new Barlinnie’, HMP Glasgow,
has been secured. The new prison is not
expected to be opened until 2024. In the
meantime, funding has also been provided to
HMP Barlinnie to remodel the reception area
and to rectify the issue of the inadequate
holding cells in the reception area, colloquially
termed ‘dog boxes’. The use of these has
been repeatedly highlighted by HMIPS and
the CPT as amounting to ill-treatment.137
The SHRC continues to report concerns
about the high number of outstanding FAIs
into deaths in prison in Scotland, as well as
in police custody, and a lack of sufficient
public scrutiny in the process. There were
37 deaths in Scottish prisons from January
to December 2019, including two women,
and a further five deaths of men by the
end of March 2020.138 NPM members
SHRC and HMIPS did note some positive
trends in some of the Scottish prisons
inspected in the period, including respectful
and helpful staff-prisoner relationships
and good, comprehensive information
provided in induction (though this was
not consistently available in alternative
formats and languages). For example,
HMP Edinburgh had a well-documented
equality and diversity programme and good
evidence of participation in it, and was
compliant with the Scottish Prison Service
Gender Identity and Gender Reassignment
policy. There were also positive findings in
respect to participation in cultural activities
and celebrations and religious observance in
HMP YOI Polmont.
Mental health detentions and social care
As of September 2020, data for Wales
showed that the number of formal
admissions under the Mental Health Act and
137 HMIPS, May 2020, HMP Barlinnie: Full Inspection – 26 August – 6 September 2019, https://www.
prisonsinspectoratescotland.gov.uk/sites/default/files/publication_files/Report%20on%20HMP%20Barlinnie%20-%20
26-August-6%20September%202019%20-%20Final.pdf [accessed 10/11/2020]
138 Scottish Prison Service, Prisoner Deaths, https://www.sps.gov.uk/Corporate/Information/PrisonerDeaths.aspx
[accessed 24/08/2020]
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