National Preventive Mechanism Fourth Annual Report 2012–13
Prison monitors in Scotland
The advantages of a layered detention
monitoring system – whereby lay monitors and
professional inspectorates complement each
other with different approaches to monitoring
the same institutions – were set out in the
NPM 2011–12 annual report. In 2011, the
Scottish Government announced that it was
going to abolish prison visiting committees.
The NPM urged the Scottish Government to
ensure that these proposals would not reduce
protection for prisoners, and took into account
OPCAT obligations. In response, the Scottish
Government commissioned a review of
proposals for prison monitoring, including their
compatibility with OPCAT, to be conducted by
Professor Andrew Coyle, Professor of Prison
Studies at King’s College, London. This review,
published in January 2013, set out specific
recommendations to ensure that future
monitoring arrangements would
be independent12. It recommended that:
The UK NPM was supportive of the Coyle
review and urged the Scottish Government to
consider implementing the recommendations
made in order to ensure OPCAT compliance.
• visiting committees be replaced by a new
system of voluntary independent prison
monitors, to be appointed through a
transparent process, for specified periods
and with a clearly defined role, with
appropriate training, resources and support
provided from sources other than the
Scottish Prison Service
• monitors for each prison should submit
an annual report to Scottish Ministers for
publication
• a council of independent prison monitors
should be formed, composed of one
monitor from each prison
• visiting committees for the nine sets of
legalised police cells should be abolished
and their functions transferred to
independent custody visitors.
The Scottish Government proposed that to
implement the new model, HMCIPS should
employ four part-time prison monitors,
supported by lay monitors, attached to each
prison and representing the community. In
overseeing the monitoring function, HMCIPS
would be supported by an advisory group
made up of key stakeholders from the
justice sector and would provide guidance on
monitoring, appointments and training.
The Scottish Government responded with
its intentions to reform the independent
monitoring of prisons to ensure the best
outcomes, while meeting OPCAT obligations.
Its decision was that Her Majesty’s Chief
Inspector of Prisons for Scotland (HMCIPS)
should oversee independent monitoring of
prisons in the future. This, it affirmed, would
provide an opportunity to integrate inspection
and monitoring effectively, in a way that
preserves the distinct (though complementary)
functions of both. The Scottish Government
also pointed to enhanced national leadership,
and impact and profile of monitoring, given the
Inspector’s long-established independence and
access to Ministers, Parliament and the media,
as benefits of the new arrangement.
Pilot study on recording the use of
force by the Metropolitan Police Service
Following a request by the Ministerial Board on
Deaths in Custody, the Independent Custody
Visiting Scheme in London negotiated with the
Mayor’s Office for Policing and Crime (MOPAC)
for its visitors to conduct a one-month pilot
survey to look at how effectively use of force
12 The Scottish Government. Review of Proposals to Improve Arrangements for Independent Monitoring of Prisons (The Coyle
Review), January 2013. At: http://www.scotland.gov.uk/Resource/0041/00414197.pdf
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents