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FAQs

FREQUENTLY ASKED QUESTION

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.

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.

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.

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.

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.

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.

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.

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.



Page updated: Monday, August 2, 2004