The Scottish Government

2002

CONTENTS

EXECUTIVE SUMMARY
SECTION 1: INTRODUCTION
1.1 OBJECTIVES
1.2 NOTE ON METHODS
1.3 INTRODUCTION TO INDEPENDENT PRISON INSPECTION
1.3.1 The basis of independence
1.3.2 The development of prison inspection
1.3.3 The May Committee and beyond
1.4 THE DEVELOPMENT OF THE INSPECTORATE IN SCOTLAND
1.4.1 The legal basis of inspection
1.4.2 Early inspections
1.4.3 The development of the Inspectorate since 1994
1.5 OVERVIEW
SECTION 2: CONTEXT AND PURPOSE
2.1 THE OVERALL INSPECTION CONTEXT
2.1.1 "Inspection" within SPS
2.1.2 Political oversight of prisons issues
2.2 THE INSPECTION TEAM
2.3 FUNCTIONS
2.3.1 Inspection
2.3.2 Involvement in the political process
2.3.3 Wider role
2.4 UNDERPINNING PHILOSOPHY
SECTION 3: THE INSPECTION PROCESS
3.1 FORMAL INSPECTIONS
3.1.1 Pattern of inspections
3.1.2 The process of inspection
3.1.3 Formal inspection reports
3.1.4 Intermediate inspections
3.1.5 The response
3.1.6 Recent changes to the pattern of inspection
3.2 THEMATIC INSPECTIONS
3.3 LEGALISED POLICE CELLS
3.4 OTHER INSPECTIONS
3.4.1 Visiting arrangements at Magilligan Prison
3.4.2 Disturbances at Peterhead
3.5 MAIN CONSIDERATIONS OF INSPECTORATE
3.5.1 The physical conditions of imprisonment
3.5.2 Violence and prisoner / staff safety
3.5.3 Security issues
3.5.4 Suicide
3.5.5 Medical and other care
3.5.6 Regime issues
3.5.7 Drugs
3.6 THE CONSEQUENCES OF INSPECTIONS
SECTION 4: SCOPE AND FOCUS
4.1 THE NEED FOR INSPECTION
4.1.1 The need for an Inspectorate
4.1.2 The need for independence
4.1.3 The structure of an Inspectorate
4.1.4 The powers of an Inspectorate
4.2 THE PATTERN OF INSPECTION
4.3 FIT WITH INSPECTION AND OTHER PROCESSES
4.4 THE PURPOSE OF AN INSPECTORATE
4.4.1 General approach
4.4.2 The areas inspected
4.4.3 Process issues
4.5 RELATIONSHIP WITH SPS
4.6 OVERVIEW
SECTION 5: CONCLUSIONS AND SUGGESTIONS
5.1 CONCLUSIONS
5.1.1 Legalised police cells
5.1.2 The need for inspection and legal issues
5.1.3 Structural issues
5.1.4 The scope and pattern of inspections
5.1.5 The process of inspection
5.1.6 Dissemination and response issues
5.1.7 Relationships between SPS and HMIP
5.1.8 Overall conclusions
5.2 SUGGESTIONS
5.2.1 Policy issues
5.2.2 Liaison arrangement
5.2.3 The process of inspection
5.2.4 Dissemination
APPENDIX 1: FUNCTIONS AND CHARTER FOR HMIP
APPENDIX 2: SCOTTISH EXECUTIVE GENERIC CHARTER FOR INSPECTORATES
INTRODUCTION
WHO INSPECTS AND WHY?
STATEMENT OF PRINCIPLES
Independence
Openness and Communication
Continuous improvement
COMPLAINTS PROCEDURES
PARTICIPATING INSPECTORATES AND PROFESSIONAL GROUPS
APPENDIX 3: PRISONS AND LEGALISED POLICE CELLS
PRISONS
LEGALISED POLICE CELLS
APPENDIX 4: DEVELOPMENT OF INSPECTORATES ELSEWHERE
HER MAJESTY'S INSPECTORATE OF PRISONS IN ENGLAND AND WALES
Staffing
The inspection programme
The inspection process
WESTERN AUSTRALIA
APPENDIX 5: OTHER INSPECTORATES WORKING IN SCOTLAND
HER MAJESTY'S INSPECTORATE OF CONSTABULARY
Structure
Operation
The process of inspection
Reports
Thematic inspections
HER MAJESTY'S FIRE SERVICE INSPECTORATE
APPENDIX 6: INSPECTIONS SINCE 1981