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The statutory basis for the Chief Inspector of Prisons for Scotland is provided by Section 7 of the Prisons (Scotland) Act 1989, as amended by the Scotland Act 1998, and particularly the requirement to submit an Annual Report, which is laid before the Scottish Parliament and published.
It is the duty of the Chief Inspector to inspect or arrange for the inspection of prisons in Scotland and to report to the Scottish Ministers on them. Each of Scotland's 17 penal establishments currently receives a full formal inspection, on a cyclical basis, every 3½-4 years. Full inspections take between a week and a fortnight depending on the size and complexity of the establishment, during which all aspects of the establishment are examined from the point of view of safety, decency, and the establishment's contribution to crime prevention. Security, discipline, control and efficiency are also examined. The Inspectorate also takes account of requirements, policies and concepts applying to the Scottish Prison Service.
Inspection reports aim to give a balanced account of conditions in the establishment, reflecting good practice and areas for improvement, as they are found.
When completed, the reports are sent directly to Scottish Ministers and are not subject to negotiation with Governors or the Scottish Prison Service. In due course, a Ministerial response is normally published along with the report. The Chief Inspector has no executive powers but is able to draw Ministers' attention to any aspects of a penal establishment which call for comment, whilst the publicity which the Chief Inspector's reports attract can be an instrument for change.
Full inspection reports are followed up in subsequent years by intermediate inspections, and these are sent to the Governor and to the Chief Executive of the Scottish Prison Service. The Inspectorate also undertakes occasional studies on a theme common to all or several penal establishments.
The Chief Inspector receives professional support from 2 senior Governors from the Scottish Prison Service who are seconded to the posts of Deputy Chief Inspector and Inspector. A Staff Officer, who is a Scottish Executive civil servant, completes the main Inspectorate team. A number of lay consultants and researchers also contribute to the inspection process.
The Inspectorate is also responsible for inspecting legalised police cells which are used to hold prisoners awaiting trial locally in isolated areas or, following conviction, pending transfer to a main prison. Inspections are carried out every 3 years, with reports being submitted to the Scottish Ministers and additionally sent to all Chief Constables concerned. They are then summarised in the Chief Inspector's next Annual Report.
The Chief Inspector is not an Ombudsman and cannot deal with individual complaints by prisoners or staff. But groups of prisoners and groups of staff are interviewed during each formal inspection, their general views are recorded, and may form a basis for recommendations or suggestions for improvement.
Any enquiries or comments about the Inspectorate should be directed in the first instance to:-
| HM Prisons Inspectorate | |
| Room M1/6 | |
| Saughton House | Telephone: 0131 244 8481 |
| Broomhouse Drive | Fax: 0131 244 8446 |
| Edinburgh | E-mail: clive.fairweather@scotland.gsi.gov.uk |
| EH11 3XD | Website: www.scotland.gov.uk/hmip |
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