Gender and SSR Toolkit Box 2 HM Chief Inspector of Prisons for Scotland: inspecting prisons for humanity, decency and respect In order to make clear that he was independent and that he based his standards for imprisonment in the international human rights framework, the Chief Inspector of Prisons for Scotland commissioned a new set of inspection standards covering three areas: ■ Safety ■ Decency, humanity and respect for legal rights ■ Opportunities for self-improvement and access to services and activities Below is an extract of the Standards Used in the Inspection of Prisons in Scotland as regards searches and family visits. Outcome Prisoners are treated with respect by prison staff. Standard Security measures such as searching are carried out with regard to the protection of human dignity. Indicators ■ Prisoners are only subjected to body searches by officers of the same sex ■ Body searches are not carried out in a humiliating way ■ Strip-searching is never conducted on a routine basis and is only carried out for a good reason ■ Prisoners are present when their cells or personal property are being searched Outcome Good contact with family and friends is maintained. Standard Family visits are given high priority in terms of frequency, duration and quality and are not restricted as part of any disciplinary or control process. Indicators ■ Family members are able to take part in the induction system for new prisoners ■ Family members receive clear and helpful information about the visits system and there are special arrangements for transport to the prison if public transport is inadequate ■ Arrangements for booking visits are transparent, easily understood and inexpensive ■ Most prisoners can have a weekly visit of at least one hour ■ Visits are not cancelled for administrative or for non-emergency operational reasons ■ Time spent by the visitors with the prisoner is not reduced by long administrative procedures on entry ■ Basic visit entitlements are not related to assessments of prison behaviour ■ Closed visits are only imposed when there is strong evidence of abuse – not as a punishment – and their imposition is regularly reviewed ■ If visitors are banned, the reasons are made clear, the decision can be appealed against and is reviewed at regular intervals ■ Efforts are made to hold prisoners as near to their home area as possible ■ If a prisoner is transferred the family is given adequate notice These standards demonstrate how prison standards can take into account the differential impact of imprisonment on different groups, such as male and female prisoners. Standards should also seek to measure improved treatment of women and vulnerable groups, and any reduction in GBV as outcomes. ■ ■ Inspectors need to have received special training in the appropriate treatment of women, children in prison with their mothers, and other groups with particular needs. Inspection teams should include specialists with health expertise. Effective complaints procedures accessible to all Without a properly established and independent complaints procedure, prisoners are at the mercy of the prison authorities and have no way of seeking redress for abuse. This especially applies to GBV, where prisoners may be particularly stigmatised for complaining. In general, complaints mechanisms need to have the confidence of the prisoners. 6 ! ■ ■ ■ To ensure effective complaints procedures that take into account gender: It should be possible to make confidential complaints. Prisoners must be protected from reprisals for complaining and the system should not contain disincentives to complain, such as punishment for making complaints that are not proven or are deemed to be ‘false and malicious’. The existence of the complaints system and the way to access it should be publicised and known to all prisoners. Many systems have notices pinned up around the prison giving details of how to communicate with the complaints investigator or ombudsman’s office.