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This item was published during the term of a previous administration that ended in April 2007

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Lothian and Borders police inspection

16/10/2003

Overcrowding is the single issue which causes most damage in Scottish prisons, according to HM Chief Inspector of Prisons Andrew McLellan.

Commenting on the publication of the prison inspectorate's annual report covering the period April 1, 2002 to March 31, 2003, Dr McLellan said:

"Overcrowding determines so much of what happens in individual prisons; and so much of the central management of the Scottish Prison Service is driven by the need to accommodate ever-growing numbers of prisoners.

"Conditions, safety and the ability to address offending behaviour through provision of work, education and programmes are all affected by this overcrowding. I see no prospect of any significant improvement in either the conditions in which prisoners live and the treatment prisoners receive until the problem of overcrowding is dealt with.

"Drug addiction also dominates much of prison life and activity, and examining its implications takes up a good deal of space in the reports by the Inspectorate. It can affect levels of violence, the health of prisoners and the security of the prison.

"Testing for drugs consumes a great deal of staff time. Whether or not this is the most productive way of responding to addiction is at least a question to be asked.

"The length of time some prisoners spend in their cells has been a concern of Inspectorate reports in the past, and has regularly featured in the past year.

"There can be different reasons for prisoners spending excessive amounts of time in cells but over and over again the same combination of circumstances is the explanation: the combination of overcrowding and staff shortages.

"I have been very much aware of the pressures put upon staff numbers by the requirement to escort prisoners to court, or to hospital, and am also very much aware of the determination of prison management and staff to minimise the amount of time prisoners spend locked up.

"Prison staff hope and I hope that proposed changes in the escort system will give some establishments more time to perform the functions for which there is almost no time at the moment.

" 'Throughcare' describes assistance with re-integration back into mainstream society and concern the whole process beginning when a prisoner is first sentenced; and continuing to the end of a period of supervision after liberation. Inspectorate reports throughout the year have welcomed encouraging developments in throughcare.

"Most people expect prisons to do two things: to keep prisoners in custody and to make them less likely to offend again when they are released from prison. The first of these is done well in Scotland.

"The second is more problematic: the current situation in Scotland's overcrowded prisons does not make it easy to prepare prisoners properly for release but throughcare is a sign of the importance which is attached to this expectation and it will continue to be a concern for the Inspectorate.

"Even the best throughcare, however, will not solve all the problems and it would be unfair to expect our prisons to solve the problems of Scotland. They will not do that and they should not be blamed for failing to do that.

"For example many prisoners are addicted to heroin and it is completely unrealistic to expect the deprivation of liberty to eliminate the causes of their addiction.

"I see the same problems almost every time I visit a prison. Prisoners are overwhelmingly young, overwhelmingly male and overwhelmingly poor. Compared with the population as a whole prisoners are much more likely to have been taken into care as a child; be single teenage parents; have no educational qualifications; have experienced long term unemployment; suffer from three or more mental disorders; and be homeless.

"It is mere scape-goating to blame prisons when they are not able to solve the problems of society. The only way to have permanently better prisons is to have a better Scotland."

Under the terms of Section 7 of the Prisons (Scotland) Act 1989 (as amended) it is the duty of the Chief Inspector of Prisons to inspect or arrange for the inspection of prisons, legalised police cells and prisoner escort arrangements in Scotland.

Following each inspection the Chief Inspector reports to Scottish Ministers on the treatment of prisoners and conditions in prisons. The Chief Inspector submits an Annual Report to Scottish Ministers. The Chief Inspector may also report on any matter connected with Scottish prisons as directed by Scottish Ministers.

Scotland's prisons are subject to regular inspection. A full inspection normally takes place every three years and examines all aspects of the establishment. Follow up inspections are carried out in years where a full inspection does not take place and these examine points of note raised in previous inspections, examine significant changes since then, and explore issues arising from the establishment's own assessment of itself.

Page updated: Wednesday, July 21, 2004