National Preventive Mechanism Annual Report 2009–10
Her Majesty’s Inspectorate of Prisons
for Scotland
T
he post of Her Majesty’s Chief Inspector
of Prisons for Scotland (HMCIPS) has
existed since 1981 and was made statutory
by virtue of section 7 of the Prison (Scotland)
Act 1989. The 1989 Act requires HMCIPS to
inspect prisons, including young offenders
institutions, paying particular attention to
the treatment of prisoners and conditions
in prison. In addition, HMCIPS has a duty to
inspect legalised police cells. In Scotland,
legalised police cells are used to hold
prisoners awaiting trial in their local area,
rather than transfer them to distant prisons.
Eight police stations have legalised cells and
all are located in outlying areas. Prisoners are
not held in legalised police cells for longer
than 30 days.
The Criminal Justice and Public Order Act
1994 introduced a duty on HMCIPS to inspect
prisoner escort arrangements. Prisoner
escort arrangements include the conditions
in which prisoners are transported from one
place to another, as well as court custody
facilities or any other place where prisoners
are temporarily held outside a prison.
HMCIPS publishes a report of every
inspection as well as thematic inspections
and an annual report of its activities. All
are submitted to the Scottish Government,
although HMCIPS operates independently
from the Scottish Government and the
Scottish Prison Service. The Chief Inspector
is assisted by three inspection staff and
a personal secretary. This core team is
augmented by experts in education and
social work, and any other experts as
required.
Methodology
HMCIPS carries out regular announced and
unannounced inspections. Inspections may
either be full or follow-up. Full inspections
typically last one week while follow-up
inspections last one or two days. The
purpose of a follow-up inspection is to
monitor issues raised during previous
inspections and to examine any significant
changes. HMCIPS is moving away from
three-year cyclical inspections of prisons and
will instead carry out inspections as required.
Inspection of legalised police cells currently
takes place every three years. When
inspecting a prison, HMCIPS also inspects
the custody facilities of courts serving
that prison and related prisoner escorting
arrangements.39 HMCIPS is able to access any
part of an establishment, view any relevant
papers and speak to prisoners and staff
privately and in confidence.
HMCIPS has developed standards for use in
inspection. Based in part on international
human rights law, these standards provide
a consistent and transparent framework for
inspection. The standards are grouped into
three key areas:
• safety
• decency, humanity and respect for legal
rights
• opportunities for self-improvement and
access to services and activities.
39 A full inspection, focused solely on prisoner escorting, was carried out in 2006.
42
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