The Scottish Government

FUNCTION AND STAFFING

HM Inspectorate of Prisons for Scotland was established in its present form, following publication in 1979 of the Report by the Committee of Inquiry into the United Kingdom Prison system. This Report recommended that there should be a system of inspection of the Prison Service distanced as far as might be practicable from the Prison Departments. Subsequently, the post of Her Majesty's Chief Inspector of Prisons (HMCIP) for Scotland was approved and the Inspectorate commenced operations on 1 January 1981 .

HMCIP's main statutory responsibility is the regular inspection of individual establishments. In carrying out this function, matters that are inspected and reported on include physical conditions, quality of prisoner regimes, morale of staff and prisoners, facilities and amenities available to staff and prisoners, questions of safety and decency, and the establishment's contribution to preventing re-offending.

Within the Scottish Prison Service (SPS) there are 16 prison establishments and it is the aim of the Inspectorate to carry out a full inspection of each of these establishments once every 3 years. Each full inspection normally lasts between one and two weeks, depending on the size and complexity of the establishment. Following each inspection a report is prepared, which is submitted to Scottish Ministers and published. In addition to the programme of full inspections, follow up inspections - which normally last one or two days - are undertaken on each establishment not subject to a full inspection.

Other areas of responsibility for HMCIP include the triennial inspection of Legalised Police Cells, the undertaking of periodic thematic studies that focus attention on specific areas or aspects of the SPS and the production of an Annual Report, which is laid before the Scottish Parliament.

HMCIP is appointed by the Crown under section 7 of the Prisons ( Scotland ) Act 1989 and since the establishment of the Inspectorate in its present form, all five postholders have been lay appointments - i.e. individuals with no previous connection to the prison service. In undertaking the duties of the post, HMCIP is supported by two senior managers from the SPS, who provide professional advice and guidance during the conduct of inspections and the preparation of reports. The Inspectorate team also includes a Civil Servant and a Personal Secretary to HMCIP; both of these postholders are permanent members of the Scottish Executive.

In addition to the 'core' Inspectorate team, HMCIP also works with other Inspectorates who provide advice on matters such as health care, education and addictions.

The Inspectorate determines its own programme for the year. During any inspection the inspectors have free access to any part of the establishment or to any individual therein. During all full inspections and on most follow up inspections, arrangements are made to meet groups of prisoners and staff. Arrangements are also made on full inspections to give prisoners' visitors an opportunity to meet members of the inspection team.

All reports are submitted to Scottish Ministers. All inspection reports are published in full, save occasionally parts of reports that HMCIP has indicated should not be published as they touch on confidential matters involving security. There is a statutory requirement to publish the Annual Report. It is for HMCIP to decide whether or not to hold a Press Conference on the publication of reports.

HMCIP has no direct input to the policy or management of the SPS, though recommendations in reports may have implications for either or both.

Details of the current postholders in the core Inspectorate team are as follows:-