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6. ENTITLEMENTS
Legal Rights
6.1 Prisoners are provided with advice on how to contact their lawyer on admission to the prison. A computer is also available in the library which can be used to type correspondence to lawyers, the Complaints Commissioner and the Visiting Committee. The Complaints Commissioner makes informal visits to the NIC to explain access and rights. Foreign National prisoners are given details of Consulates during the reception process.
6.2 A number of legal texts are available in the library but at the time of inspection these were kept behind the main desk and prisoners had to ask for them. A copy of the Prison Rules was also located in the library. Prisoners have access to the European Prison Rules and the Inspectorate's Standards.
6.3 Processes are in place to ensure that legally privileged mail is not opened, but it was reported that mail is not always marked as such and had occasionally been opened in error in the past. Staff awareness sessions are run in this area, and a local protocol is in place.
6.4 Prisoners are able to shower before attending a court hearing. They are also able to wear their own clothes or prison sweatshirts, minus the HMP Shotts logo.
6.5 Ninety per cent of staff had completed the European Court of Human Rights e-learning programme.
Management of Disciplinary Proceedings
6.6 Like many other prisons Shotts now has a 2-tier disciplinary system. Unit managers in the halls deal with minor reports. More serious reports are dealt with in the Segregation Unit with a senior manager as the adjudicator.
6.7 In the Segregation Unit the Orderly Room is set out in a formal way with seats for all participants. Tables are set out in a T-shape with the adjudicator at one end and the prisoner at the other. Members of staff sit behind the prisoner and escort him into and out of the room. The Segregation Unit Manager acts as the organiser of the Orderly Room and s/he coordinates the arrival and departure of the prisoner and any witnesses called.
6.8 In the halls the room is slightly less formal with the adjudicator and the prisoner sitting at either side of a table. Hall staff organise the logistics.
6.9 Inspectors observed a number of hearings. The process whilst quite formal was relaxed and calm. The adjudicator went through the Orderly Room procedure being careful at all times to make sure the prisoner understood what was happening.
6.10 A review of paperwork indicated that Shotts does not generate an excessive number of reports. It was also noteworthy that there were a number of cases dismissed and findings of not guilty. This clearly shows that the decisions made by adjudicators are based on the evidence and that the prisoner can expect to be managed fairly. It was also encouraging to recognise that Shotts makes a lot of use of suspended punishments.
6.11 Inspectors had no concerns about the management of disciplinary proceedings.
Religious Observance
6.12 The Chaplaincy team comprises one full-time and two part-time chaplains who offer religious services. An Imam visits two days per week to carry out services and teachings. At the time of inspection, there was one prisoner who was Buddhist: a Buddhist volunteer was meeting his religious needs.
6.13 A Church of Scotland service takes place on a Sunday morning. Six to ten prisoners normally attend. A Roman Catholic service takes place on a Friday afternoon. Five to eleven prisoners normally attend. Six prisoners attend a monthly Episcopalian service. These services take place in the Multi Faith Centre.
6.14 As well as providing religious services, the chaplaincy team is actively involved in group events such as bible study, induction and religious instruction. The team is a member of the Multi Disciplinary Mental Heath Team, and works in partnership with ' HOPE' and 'The Prison Fellowship' who attend the establishment.
6.15 The Imam delivers his service and teachings in the Links Centre. Requests have been made to allow Muslim prisoners to wear their own trousers/joggers instead of prison issue denims to prayer sessions for comfort, although this has not been permitted.
6.16 Duty chaplains are now in place and the team has plans to re-organise their work and appoint a chaplain to designated halls and workshops in an attempt to increase the number of prisoners seen.
Prisoner Complaints Procedure
6.17 Prisoner Complaint Forms are freely available in the residential areas. Between April 2006 and January 2007 there were 426 complaints made through the CP1 system, of which 54 progressed to the Internal Complaints Committee ( ICC). Between April 2006 and January 2007, 109 complaints were also made through the CP2 system, 303 through the CP3 system and 78 through the CP4 system. A sample of complaint forms were reviewed by Inspectors. The timescales were met and the answers given were appropriate. The duty manager chairs the ICCs with representation from the First Line Manager from the relevant hall and an officer from another hall. Ideally, a member of staff from another discipline should also take part in the ICC. However, there are no major problems with the way the Prisoner Complaints System is managed in Shotts.
6.18 Prisoners can access the Visiting Committee through a request book in each hall. This is well used. The main complaints made to the VC relate to the treatment offered by the doctor; transfers to the Open Estate; being given closed visits when the prisoner thought this was unfair; procedures in the Orderly Room; and issues around work and wages.
Management of Segregation
6.19 There are 12 cells in the Segregation Unit all of which have toilets and wash hand basins. None of the toilets are enclosed despite the fact that prisoners eat their meals in the cells. Cells have electric power and access to television is based on an individual's response to regime targets. Each cell has a bed secured to the floor.
6.20 Within the area there is a small fitness room and three outside exercise areas. Outdoor jackets are available for time in the fresh air and prisoners can request to have their time in the fresh air at the same time as their friends, and interaction is allowed across the three areas. Prisoner adjudications are held in a room within the Segregation Unit.
6.21 At the time of inspection the Unit had prisoners held under the conditions of Rule 94 1 and one prisoner serving a punishment under the conditions of Rule 119(i)(d) (cellular confinement). There was a mixture of Shotts prisoners and prisoners from other establishments. The paperwork for prisoners on Rule 94 is compiled by the manager of the area where the prisoner is normally held if the prisoner normally resides in Shotts. Monthly case reviews are held and appropriately documented with care plans and targets.
6.22 Inspectors were concerned during the inspection that Management was using the Orderly Room punishment of three days cellular confinement on a repeating basis to keep a prisoner in the Segregation Unit rather than under Rule 94. The individual was subject to several reports for refusing to return to a mainstream residential area and on each occasion was awarded three days cellular confinement. Whilst the practice technically complies with Prison Rules it is outwith the spirit. The award was excessive for the offence but it met the needs of the prisoner to remain out of circulation. Had the prisoner been held for the same period in the Segregation Unit on Rule 94, Ministerial approval would have been required. The view expressed by some managers was that it would be difficult to obtain a space at another establishment if the prisoner was being held on Rule 94. Management should review the practice of using excessive punishment as a substitute for Rule 94.
6.23 Visits for prisoners in the Segregation Unit are only available during the day, Monday to Friday and in the afternoons at weekends. This can limit access for prisoners whose families work during the day.
6.24 A nurse visits the unit on a daily basis to administer medication. There is no evidence that all prisoners serving a period of cellular confinement are seen by a doctor within 24 hours of the punishment being awarded, as required under Rule 36 of The Prisons and Young Offenders Institutions (Scotland) Rules 2006. It is recommended that all prisoners given a period of cellular confinement are seen by a doctor within 24 hours of the punishment being awarded.
6.25 Prisoners within the Segregation Unit have access to a telephone during the day. There is no access to the telephone in the evenings. The telephone is within an enclosed cubicle which offers a high degree of privacy.
6.26 A limited number of books are available and in-cell education can be made available for those who request it.
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