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6. ENTITLEMENTS
Outcome
Prisoners' entitlements are accorded them in all circumstances without their facing difficulty.
6.1 Disciplinary procedures are fair and open. Conditions in the segregation unit are good. Complaint forms are not readily available throughout the prison.
Legal Entitlements
6.2 Legal texts books and information on Human Rights are available in the library. Copies of the Prison Rules are available in the residential areas. Prisoners also have access to a range of communication materials and the prison supplies newspapers for prisoners in the segregation unit. Prisoners have the opportunity to attend court hearings clean and properly dressed. Privileged mail is handled appropriately.
Management of Disciplinary Procedures
6.3 Disciplinary hearings are held in the managers' offices in each residential area except Glenesk. Prisoners from Glenesk who are subject to disciplinary procedures have their cases heard in the segregation unit. The facilities within the segregation unit used for hearings are roomy and an appropriate atmosphere is created. In the residential areas the hearings take place in small busy working offices where the telephone is constantly ringing. In some there is only a small table at which the adjudicating manager and prisoner sit. The escorting staff are required to stand and this can be intimidating.
6.4 At all hearings observed during the inspection, the adjudicators ensured that the prisoner understood the charges, had enough time to prepare his case and was ready for the hearing. All prisoners were offered pen and paper with which to take notes. No prisoners were offered access to a copy of the Prison Rules.
6.5 Disciplinary procedure paperwork is completed effectively. The process followed and the reasons for decisions and awards are understood. There are an average of 194 hearings per month and around 13% result in "not guilty" or "case dismissed." In the hearings observed and paperwork studied a high proportion of prisoners pled guilty to the charge. The reasons for the use of Prison rule 114(2), which allows for the removal of a prisoner from association by an officer pending adjudication, are not always supported by written evidence.
Religious Observance
6.6 The Chaplaincy team comprises one full-time and five part-time chaplains: one full-time Episcopalian, two part-time Roman Catholic, one part-time Free Church of Scotland, one part-time Church of Scotland and part-time involvement from the Salvation Army. An Imam visits the prison on a regular basis.
6.7 The team is highly visible and involved at all levels in the prison. They contribute to prisoners' induction, the suicide risk management procedures, ICM and the Multi Disciplinary Mental Health Team. They visit the Links Centre and meet with outside agencies including 'Hope' on a regular basis.
6.8 The majority of the Chaplains' time is spent on one-to-one work with prisoners. Members of the team visit every hall, every day. Prisoners can self refer, uniformed staff refer and others such as education or social work can also refer prisoners to the chaplaincy team.
6.9 Roman Catholic Mass takes place at 09.00hrs on Saturdays in the Chapel, although all prisoners are welcome to attend. An Ecumenical service takes place at 09.00hrs on Sundays, again in the Chapel. An average of 15 to 20 prisoners attend each service. Staffing supervision appeared to be excessive. Muslim prayers are held on a Friday in the Multi Faith Centre.
6.10 Chaplains identified three major challenges facing the prison: managing periods of overcrowding; dealing with the mental health problems being presented; and encouraging long-term prisoners to go to work or education.
6.11 Overall, the chaplains are visible and proactive, and feel very well supported and encouraged by Management.
Visiting Committee
6.12 Members of the Visiting Committee were enthusiastic about the very good facilities now provided in the prison, but expressed concern that the potential benefits had been diluted over the past year due to overcrowding.
6.13 They also reported satisfaction with the new library facility. The low numbers of prisoners accessing work and training opportunities is a cause of great concern. They also expressed disappointment that the supported child play facility in the visits room had been cancelled.
6.14 The Committee felt that they were well supported by management.
Prisoner Complaints Procedure
6.15 Complaint forms are not readily available in the halls or other communal areas. Prisoners have to ask an officer for a form. There is no easily accessed record of how the complaint has been dealt with.
6.16 Internal Complaints Committee meetings occur weekly. The meetings are minuted and these minutes are widely circulated.
Management of Segregation
6.17 The segregation unit was one of the first areas to be refurbished and is still in good condition. It is a custom built facility which has two separate areas which allows for the operation of more than one regime if required.
6.18 There are twelve ordinary cells with stainless steel fixed furniture and a stainless steel toilet and wash hand basin. The toilet is not enclosed despite the fact that all prisoners eat in their cells. Toilets should be enclosed.
6.19 There are four other cells which cater for a range of special needs. Each section has an ablutions area with toilet and shower and in one of the sections there is a small but well equipped fitness room. There are three enclosed exercise areas attached to the unit where prisoners can spend time in the fresh air. There is also a room for interviews, a medical room and a kitchen.
6.20 At the time of inspection ten prisoners were being held in the unit. One of the prisoners was held under Rule 37(1) of The Prisons and Young Offenders Institution (Scotland) Rules 2006. This rule allows the removal of a prisoner from normal association on medical grounds. He was suffering from mental illness. A segregation unit is not an appropriate place for prisoners suffering from mental illness.
6.21 On admission to the unit a first case conference is held within five days. The prisoner will then have a care plan developed based on his response. This may allow a television in his cell and access to the fitness room. The default position is to allow the full regime and only remove items from it if the behaviour presents a risk. For all prisoners who are held in the segregation unit for more than three months a mental health assessment is carried out.
6.22 The segregation unit allows prisoners to participate in a range of activities if their response is positive.
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