| Description | Circular clarifying appointment process in relation to Prison Visiting Committees |
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| ISBN | (Web Only) |
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| Official Print Publication Date | February 2007 |
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| Website Publication Date | March 29, 2007 |
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Document also available in PDF format (9.3kb)
Justice Department Community Justice Services Division CIRCULAR NO: JD/3/2007 February 2007 To: Chief Executives, Local Authorities Chairpersons, Prison Visiting Committees Association of Visiting Committees Clerks, Prison Visiting Committees CoSLA | St Andrew's House Regent Road Edinburgh EH1 3DG |
Dear Colleague
PRISON VISITING COMMITTEES: APPOINTMENT OF MEMBERS
Purpose
1. The purpose of this circular is to clarify the appointments process in relation to Prison Visiting Committees, in particular the number of elected and lay members required to be appointed by local authorities.
Background
2. The Prisons and Young Offenders Institutions (Scotland) Rules 2006 detail the procedures to be followed by local authorities when appointing members to Prison Visiting Committees (PVCs).
3. Rule 155(5) states that PVC members are to be appointed at a meeting of the council, that meeting to be held no later than 2 months after the date of the election of councillors. Appointments will then last until the day before the meeting held 2 months after the next election of councillors (ie for 4 years). Schedule 2 specifies the total number of members to be appointed by local authorities to the relevant PVC, and details the minimum number of non-local authority members which must be appointed.
4. A number of issues have recently been raised in relation to the appointment process:
a, The loss of experience and commitment if Councillor members of PVCs who are not standing for re-election in May 2007, or who are unsuccessful in gaining re-election, are unable to continue as members of the PVC.
b, Difficulties currently experience by some local authorities in identifying councillors / local authority representatives to become members of the PVC.
c, Concern from some current councillor PVC members that changes to wards etc following the May 2007 elections will mean they have insufficient time to continue as a member of the PVC, thus exacerbating the issue at b) above.
Appointment Process 2007
5. The issues detailed in paragraph 4 above will not apply to all local authorities and as such, the process detailed in the Prison Rules should be followed for the 2007 appointments round.
6. However, those local authorities who are affected by these issues should note that it is not a requirement of the Prison Rules for PVCs to include councillor or local authority membership. The Rules provide only for the maximum number of members for any PVC and for the minimum number of lay members. While it is unlikely that local authorities would choose to have a PVC made up entirely of lay members, there is nothing to prevent the appointment of a greater number of lay members than that specified in column 4 of schedule 2 to the Prison Rules. This would allow local authorities to reappoint councillor members who are not standing for re-election but who wish to continue with the PVC or to appoint additional lay members if issues b or c above apply.
7. If you have any queries on this circular, please contact Jackie Knox on 0131 244 3662 or at jackie.knox@scotland.gsi.gov.uk .
Jackie Knox
Justice Department