When was the Inspectorate
established? | HM Inspectorate of Prisons forScotlandwas established in its present form,
following the 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 Department. Subsequently,
the post of Her Majesty's Chief Inspector
of Prisons forScotlandwas approved and the Inspectorate
commenced operations on1 January 1981.
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What is the function of the
Inspectorate? | The Inspectorate's main statutory
responsibility is the regular inspection of
individual prison establishments inScotland. In carrying out this function,
matters which 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 contribution to
reducing re-offending. HMCIP is
also required to inspect Legalised Police
Cells, and to produce an Annual Report
which is submitted to the Scottish
Parliament.
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What is the staffing of the
Inspectorate and how are the
members appointed? | The Inspectorate is independent of
the Scottish Prison Service and is funded
through the Scottish Executive. HM Chief
Inspector of Prisons for Scotland, which is
a full-time post, has always been a lay
appointment - that is, an individual who
has had no previous connection with the
prison service - and is appointed by the
Crown under section 7 of the Prisons
(Scotland) Act 1989. In undertaking the
duties of the post, HMCIP is supported by
two senior managers seconded from the
Scottish Prison Service, who provide
professional advice and guidance during the
conduct of inspections. The
Inspectorate team also comprises a Scottish
Executive Civil Servant and a Personal
Secretary. In addition to those full-time
members. The Inspectorate works
with other Inspectorates who cover areas
such as Health Services, Education and
Addictions.
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How often are prisons
inspected? | There are 16 Scottish prisons
inScotlandand it is the aim of the Inspectorate
to carry out a full inspection of each one
approximately once every three years. Each
full inspection normally lasts between one
and two weeks depending on the size and
complexity of the prison. In addition,
follow up inspections - which may
be unannounced - are undertaken annually at
each establishment not being fully
inspected. The purpose of these follow up
inspections is to monitor progress on the
recommendations and points of note
contained in the previous full inspection
report, record any other significant change
that might have occurred, and examine
issues arising from the establishment's
assessment of itself.
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What happens to inspection
reports? | At the end of each inspection a
report is prepared outlining the
Inspectorate's findings and highlighting
any areas that require improvement. Reports
are submitted to Scottish Ministers and are
subsequently published in full, save
occasionally parts of reports which contain
confidential matters involving security
issues. It is for HMCIP to decide
whether to hold a Press Conference on the
publication of the reports.
All inspection reports are
available publicly, including via the
Scottish Executive website, and the reports
are available free of charge.
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Apart from inspecting
prisons, what other functions does
the Inspectorate perform? | Other areas of responsibility of
HMCIP include the triennial inspection
of legalised police cells, which are in
locations distant from prisons, the
undertaking of periodic thematic
studies, which focus attention on
specific areas or aspects of the Prison
Service and the production of an annual
report which is presented to the
Scottish Parliament.
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Does the Inspectorate have
executive powers? | No. HMCIP can only recommend
changes. The final decision on whether
to implement those recommendations
rests with the Scottish Prison Service
and ultimately, the Scottish
Ministers.
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What is the role of the
Inspectorate in relation to private
prisons? | There is no difference in the
inspection arrangements for private and
any other prison. |