The Scottish Office (Back)
HM Inspectorate of Prisons for Scotland
Annual Report 1994-95
 
SECURITY, DISCIPLINE AND CONTROL
 
Security
4.1 The public rightly places its greatest priority on the maintenance of security in its prisons. So too does the SPS and, while the Inspectorate does not carry out Security Audits, we take close account of security measures during inspections. As can be seen from the SPS’s own Performance Measures, there were no Category ‘A’ prisoner escapes during the year. Seven Category ‘B’ prisoners escaped - the total number of escapes being 16, plus 100 absconds (42 of them YOs from the same open establishment).
4.2 Further details of physical and other security measures are not mentioned here, for obvious reasons: nevertheless, the Inspectorate were in touch with a number of Governors I/C on a variety of associated points throughout the year. Recent security breaches (mainly in England) have led the Prisons Board to review security policies, procedures and practices within the SPS, reporting by October 1995.
 
Discipline/Control
4.3 Whilst there were no major disturbances, the number of escapes, absconds, assaults and deaths in custody leave no room for complacency. They also serve to indicate that a proportion of the prison population is intrinsically volatile.
4.4 Orderly Room procedures were also changed in accordance with the new Prison Rules. These still varied at establishments, but now include the opportunity for individuals to call their own witnesses or to be seated during arraignment, thus creating a much less formal atmosphere. Procedures are nevertheless much lengthier: we would hope that Governors I/C will continue to find time to take the Orderly Room in future, rather than delegate it. An SPS review of Orderly Room procedures is also still ongoing. We were also concerned by the number of misconduct reports; these were not always an indicator of indiscipline by prisoners, instead being an example of individuals placed on report for comparative trivialities.
 
Prisoner Grievance Procedures
4.5 A Prisons Complaints Commissioner for dealing with individual complaints was appointed in October 1994 and had been long awaited. Management and the Inspectorate have since attempted to advertise this new mechanism but it would appear that prisoners are still slow in coming forward: the lengthy "paper-based" processes involved could be an inhibitor to many. The Commissioner publishes his own Annual Report.
 
Remand Prisoners
4.6 An average daily total of over 1,000 remand prisoners were held in a variety of establishments. This was an increase and possibly due to a rise in the number of bail absconds. The majority continued to be held in receiving prisons at Greenock, Barlinnie, Edinburgh, Perth, Cornton Vale, Dumfries, Aberdeen and Inverness: approximately 177 young remands were also held at HM Remand Institution Longriggend, which acts as an Annex for Barlinnie.
4.7 Untried or un-sentenced individuals were kept apart from other prisoners,wherever possible. Nevertheless this depended on geographical factors at each location; overcrowding was also a major factor and we are concerned about its effects on remands throughout this and other years. Looking ahead it might be more appropriate if some low Security Category remands were to be held in a form of local hostel. We were also interested by some statements in late 1994, and again in early 1995, about the possibility of "a new prison being built to relieve overcrowding in the Central Belt; possibly a Remand prison". No further details are currently available; however, we suspect that this could not be built for at least three to four years and would be privately financed.
4.8 Finally, few remand prisoners were getting much more than 6 hours out of cell per day and we came to the general conclusion that these individuals still seemed to be getting something of a ‘raw deal’, with many agendas passing them by (the SPS being apparently powerless to influence this; remands are not required to work, etc). Remands ought to be getting the best regime available.
 
Young Offenders
4.9 Most convicted male YOs (over 400 of them) were housed in HMYOI Polmont; the remainder being held at HMYOI Dumfries, HMYOI Castle Huntly or in the YO wing at HMP Glenochil: female YOs were held in a wing of HM Institution, Cornton Vale. Given that these individuals pose a considerable potential for volatile behaviour and recidivism - possibly more so than in comparable adult prisons - we gave their regimes a very close inspection last year. With the exception of a number of relatively local issues, we were well satisfied with what we found; some of the forward looking initiatives that were being implemented at HMYOI Polmont were particularly praiseworthy; for example, communication therapy and anti-bullying and offending behaviour strategies.
4.10 We see no requirement for major changes in the male YO regimes in Scotland at this juncture. The SPS also appears to have absorbed the lessons of size and comparable management span.
 
Vulnerable Prisoners
4.11 A welcome report into vulnerable prisoners was published by the SPS in the Spring of 1994 and was the product of several years research. (Vulnerable prisoners are those individuals considered to be at risk of intimidation or assault from other prisoners and held separately from mainstream regimes; they include most categories of sex offenders.) The study, covering nine Scottish prisons, was commissioned to assist the SPS in addressing the needs of vulnerable prisoners and to help them avoid re-offending on release.
4.12 Treatment initiatives aimed at tackling the offending behaviour of individual offenders were on offer in all the establishments surveyed, but being on protection did not necessarily bring direct focused efforts to deal with individual offending behaviour. Staff believed that a policy of concentration and specialised counselling programmes was the best way forward.
4.13 Tensions between sexual offenders, of whom the vast majority were male, other protection prisoners and mainstream prisoners continued to create considerable difficulties. About one quarter of protection prisoners also had a history of suicidal behaviour and many vulnerable prisoners who exhibited this did so whilst on protection. (Thus, protection alone is not sufficient to ward off such attempts.) However, although we have no statistical evidence, a number of our reports on establishments over the past few years has drawn attention to the increasing number of prisoners who required psychiatric support, which could be influencing the number of prisoners with suicidal tendencies.
4.14 Once on protection, the majority (70%) remained there until release and a significant proportion (40%) had never experienced mainstream prison conditions. The report reinforced the fact that vulnerable prisoners are an almost separate aspect of prison management. We look forward to examining this issue further when we inspect HMP Peterhead later this autumn; its regime specialises in sex offenders.
 
Bullying
4.15 Bullying is still a problem for many prisoners, but its actual extent is still frustratingly hard to determine. The number of recorded assaults may give some indication but beyond that we soon find ourselves in the area of speculation. Some say that bullying can also be related to the incidence of self-harm in any location. However, we also believe that many establishments had been making attempts to reduce bullying - this was particularly noticeable at HMYOI Polmont.
4.16 The Inspectorate supports policies which:
  • Clearly display the establishment’s policy.
  • Give warnings and take administrative action against offenders.
  • Separate individuals after adjudication (eg in extreme cases the bully being sent to another establishment).
  • Monitor effectiveness of action taken subsequently.
  • Deal with the bully and the individual who has been bullied.
The SPS has commissioned further external research into this subject, which will be ongoing this year.
 
Suicide
4.17 During the course of 1994-95 there were 25 deaths in Scottish prisons of which 16 were believed to involve suicide (some cases still await the outcome of Fatal Accident Inquiries (FAIs) and thus may not be included in statistics). The comparative number of suicides in the previous year was five. Specific reasons for this disturbing rise are not yet apparent, if indeed they ever will be. Nevertheless, there could be some correlation with increasing trends towards suicide amongst younger males in the wider community, particularly amongst the 15-24 and 25-34 age groups. Whether due to unemployment, alcohol/drug problems, marital/family difficulties, psychiatric illness or other reasons such as bullying or remorse is not clear. Some or all of these factors could have been present in recent prison suicides in Scotland, together with the restrictive nature of detention leading to distorted outlooks, particularly in the early stages of custody - e.g during remand. Nor is it known whether there could have been a ‘copy-cat’ element contained in the recent rise; nevertheless, studies have also sometimes referred to suicide clusters in the past. Many of those who killed themselves did not apparently give forewarning.
4.18 The Inspectorate has been impressed in parallel by the generally high levels of suicide awareness amongst SPS staff. This was particularly notable at HMYOI Polmont, where the majority of convicted young males were imprisoned and where there were no successful suicides during 1994-95. Instead, most suicides occurred in Receiving Prisons, although vulnerable prisoners also continued to show a higher frequency of suicidal behaviour.
4.19 We also noted that Medical Review Boards (MRBs), under the control of Governors I/C or Deputies, were meeting frequently and making appropriate recommendations concerning prisoners who were thought to be vulnerable or prone to suicide. Training levels for staff were as high as had been observed in previous years.
4.20 In addition, it was noted that £750,000 had been assigned to the construction of so called ‘suicide proof cells’ at Perth and Barlinnie. This followed previous modifications at Aberdeen, including pastel coloured walls and anti-ligature windows in those cells assigned for Strict Suicide Supervision (SSS). Similar modifications are to be introduced to the rest of the prison estate in due course.
4.21 For those prisoners who were placed on SSS, new more humane clothing is replacing the previously degrading tear proof canvas gowns; additionally, each prison now holds medical packs which are designed to deal quickly with an attempted suicide. These were given close attention during our inspections.
4.22 We also note that there has been a rise in suicides in English prisons and thus conclude that these depressing trends could continue for the foreseeable future, despite the many measures that have been, or are being, put in place to combat such a tragic and wasteful loss of life. Indeed the percentage increase in Scotland for all suicides is now greater than England’s; it is now the second commonest cause of death amongst young males in our general population.
4.23 The rise in the number of suicides last year has led SPS HQ to seek further specialist psychiatric advice from the Institute of Psychiatry in London and will complement studies which have been commissioned in the past.
4.24 The Inspectorate cannot offer expert advice in this field (even the experts are finding difficulty). However, we suggest that a policy of integration of known suicidal or para-suicidal individuals could offer better dividends than isolation, as for example is being trialled at HMP Edinburgh. Volunteer prisoners contributing to sections of MRB deliberations could also be a useful experiment (eg, general observations on prison conditions).
4.25 Finally the new Prisoner Information Packs contain telephone numbers for national Samaritan groups; we suggest that these should also include local numbers. Some Samaritan Groups are also able to visit and circulate at some jails; we welcome the possibility of this partnership being spread to all establishments.
 
Drug Abuse
4.26 We make no apology for the length of this section. Drug abuse is an apparently intractable problem; however, the more that is understood the better -particularly as there are no easy measures for its resolution. It should also be appreciated that most of what follows is anecdotal; not surprisingly it was extremely difficult for the Inspectorate to assess the size of this problem. Few prisoners have offered us any direct observations; many are reticent about the subject when questioned during inspections. The nearest we ever get to a firm indication is the answer that "the drug problem here is no greater than that found outside". This may be offered to avoid subsequent intimidation, or from fear of incrimination, or it could be an accurate interpretation of the situation. (Nevertheless what was ‘normal’ for the prisoner outside?). However, it is probable that the extent of drug abuse in some Scottish prisons could be greater than in the rest of the community, as the concentration of those previously involved in the drug culture is likely to be stronger. The boredom factor present in even the best of prisons should be added to this; especially at weekends when there is little work or much else to do. The temptation to stay on or return to drugs, or even start the habit may therefore be very difficult to resist; thus temgesics, opiates and other substances may offer addicts a temporary escape from the realities of life, and prison in particular, especially when it is also hard to obtain alcohol.
4.27 We understand that most drugs are smoked or swallowed: nevertheless items for injection are often cheaper and quicker in their effect, although acquisition of fresh needles can be an additional obstacle. This quickly leads to the problem of dirty needles and increased risks of HIV/Hepatitis infection - see AIDS, paragraphs 4.36-37.
4.28 Medical Officers (MOs) and Nurse Officers (NOs) seem unable to provide a complete picture either. Only a few revealed that there was "a significant medical problem" in the direct presentation of abuse cases in their establishment; whether individuals arrived with the habit or acquired it after custody was rarely revealed either. However, drugs were implicated as a possible cause of death in at least one recent FAI and may also have contributed to the demise of a number of male and female prisoners who had over-dosed after release.
4.29 The evidence from Governors I/C also varied. Some, more notably at Receiving Units, admitted that there was a "major problem"; others in management were more sanguine. Nor do we have an accurate picture of the many other problems that drugs can bring; blackmail, extortion, and increased violence - either as a result of taking drugs or their denial.
4.30 However, a recent study provides an insight into the scale of the problem. Of 234 individuals consulted, 76% had used one drug, usually cannabis, during their current sentence. Of those who were injecting before being jailed, 11% continued to do so whilst in prison. At HMP Glenochil one area of separate research indicated that up to 15% of its entire prison population could be injecting.
4.31 All are nevertheless agreed that there are generally 3 routes for drugs to enter prisons, in addition to those which are brought in by prisoners returning from outplacements or home leaves. Either they are passed during visits, or they enter the establishment in trade and other vehicles; or they are introduced over or through the perimeter fence. Some prisons have successfully introduced 100% strip searches of individuals after visits to reduce the amount of substances introduced. Some prisoners appear to welcome this, as it removes the pressure that can be placed on them to smuggle for others. Other establishments have opted for random searches, whilst some have gone down the route of stricter visit supervision, which often leads to confrontation: for example, there can be confusion and anger over what the establishments ‘kissing policy’ might thus be. A return to closed visits (in booths separated by a glass panel) would eliminate one of these routes entirely. Nevertheless, not only would this be a most retrograde and uncivilised step, it would also discriminate against every single visitor and prisoner. Closed visits should only be introduced for those individuals who have been caught smuggling. Careful searching of cars and other entrants is of course conducted, but this is extremely time consuming: for example, it can take many hours or even days to search a large trades vehicle. Nor can security cameras and patrols cover every inch of a perimeter fence by day or night, purely for the detection of incoming drug parcels; nevertheless, an attempt is made to do so and is often successful (including one ingenious example where drugs were sewn inside a dead sea-gull and lobbed over the wire). It is also normal practice for police to charge those caught introducing drugs into penal establishments. Additionally, there are random cell searches for illegal substances, which includes the use of sniffer dogs.
4.32 Drug education and drug reduction programmes offer much better long-term solutions to this problem and have continued throughout the year. The SPS anti-drug policy also recognises that prison can present an opportunity to address addiction and offending behaviours: these programmes can extend into the local community after sentence and, in our opinion, must continue to do so in future.
4.33 Some prisons, such as HM Institution Cornton Vale, are about to start on major drug education programmes, and not before time either. Here, according to a recent survey, two out of five women had acknowledged the use of drugs at some point in prison in the previous six months. Many women who were imprisoned also appear to have connections with the drug culture. These programmes are similar to those already started and at least partially proven at other jails, such as HMPs Edinburgh, Perth and Glenochil. They involve multi-disciplinary teams of specially trained staff working in consultation with the prison medical staff. Detoxification, which may involve the use of methadone and other drugs on a reducing basis, can last for the first fortnight of a prisoners 28 days on the programme (although there are the dangers of methadone addiction to be considered). Most prisoners then require a follow through programme lasting several months, including voluntary urinanalysis in prison and beyond. Some smaller prisons such as HMP Friarton are also considering the possibility of adopting ‘drug free areas’, where prisoners can sign contracts to this effect, a measure which also has applications for open establishments.
4.34 In summary, drugs are probably a growth industry and pose a serious threat in some of our prisons. It is also notable that drug problems appear to be growing in some of our communities; especially in the West of Scotland. Central Government and SPS policy in this area is always developing; nevertheless Governors I/C will have to tailor their response to local conditions. The geography of each prison also varies and there are distinctly differing drug cultures in the East and West of Scotland: so too does the category of prisoner and thus the problem and solutions to it are different at each location. We recognise that prison policies in future must match those in the general community, although we believe that very commendable attempts are already being made to follow this. We welcome consistent strategies which:
  • Monitor the scale and changing nature of the problem.
  • Reduce the entry routes of substances, including better co-operation with families/visitors.
  • Detoxify where appropriate, with as humane a method as possible (the most modern approaches should also be adopted); the cost and apparent ‘favouring’ of addicts should be weighed against the likelihood of a later reduction in recidivism.
  • Involve multi-disciplinary teams of Prison Officers, including, but not solely dependent on, Medical Staff.
  • Involve other prisoners - the significance of peer pressure to reduce drug usage or dependency should not be under-estimated: greater pressure by family is also worth closer examination, as are “incentives” in general.
  • Integrate rather than isolate the individuals involved.
  • Involve the entire community - not just prison staff; and which recognise that the pre-release period can be a particularly significant time for treatment.
  • Recognise that changes in policy must be introduced gradually.
4.35 A comprehensive report on this subject was compiled for the SPS in 1994 and a further paper on random drug testing is now being prepared for the Scottish Prisons Board; SPS drug abuse guidance is also being reviewed in the light of the ‘Scottish Affairs Committee Inquiry into Drug Abuse in Scotland.’ Yet many of our prisons inadvertently offer an extension to the drugs culture as a result of isolation and boredom factors. If boredom could be reduced in future (hopefully through the extension of opportunity agendas), so the isolation factor could be turned in everyone’s favour: temporarily freed from the corrosive influence of ‘home street culture’, a sustained attempt could then be made to educate unfortunate individuals away from this most insidious and desperate of problems. We also caution against complacency: better to increase resources now, even if this is based on incomplete data. The alternative might be to run the risk of being overwhelmed, in some locations and at much greater cost, later. For a start, the SPS could do with several more drug addiction workers in several jails. In the longer term, increased psychiatric and psychologist support should also be further quantified. Strategic priorities might also be directed towards YOs, as they have the greatest potential for repeated abuse and recidivism. Equally, it is unrealistic to expect the SPS to deal entirely with what is a community wide problem.
 
AIDS
4.36 It is difficult to provide an accurate picture of the Aids problem whilst testing for HIV in our prisons is entirely voluntary. One "fully blown" case was seen by the Inspectorate in the course of the year: a number of other individuals said they were HIV positive. Nevertheless, prisoners are routinely made aware of the associated problems of hygiene and dirty injection needles. We also noted that some open establishments were providing condoms, for those proceeding on home leave. However, one Glasgow-based medical source is quoted as stating that "prisons are now the single biggest leak in the barrier against HIV infection in the community", a statement that the Inspectorate is unable to substantiate; indeed we feel that the SPS is doing its best here.
4.37 It was evident that most establishments were training Prison Officers to take part in multi-disciplinary teams which were then involved in regular drug/Aids education programmes for prisoners. An Aids video was also available although we could not be sure that every prisoner saw it, or if it was adequately explained. Finally, we are pleased with the work which is now proceeding over voluntary saliva tests at some prisons. This should gain more information on the spread or otherwise of HIV.
 
Alcohol Abuse
4.38 Many crimes are committed under the influence of alcohol, but drug abuse appears to capture the head-lines (and indeed a large section of this report!). However, although alcohol abuse is less of a problem whilst in custody (difficult to obtain and conceal in large quantities) the temptations on release can be as great as ever. Hence the importance of pre-release courses for many and attempts at general alcohol education. Thus most, but not all, prisons run their own formal programmes on alcohol abuse; these are also greatly supplemented by the voluntary assistance provided by Alcoholics Anonymous (AA). We encountered its dedicated members during our inspections as they conducted their sessions with groups of volunteer prisoners, mainly in the evenings. We commend their efforts: they are a prime example of the local community continuing to take an interest in the origins of crime and its future reduction via the imaginative use of prison time - and often beyond it.
 
Race Relations
4.39 The subject of Race Relations and Ethnic Minorities appeared to be given appropriate and serious attention at most locations. Each establishment had also appointed an Ethnic Minorities Liaison Officer (EMLO); some more than one. That said, the number and proportion of ethnic minorities passing through Scottish prisons continued to be relatively small.
4.40 We were impressed with arrangements for religious minority worship; however, we felt that the standard of general information leaflets and foreign language cards were often minimal. No cases of racial discrimination were ever referred to; nevertheless, it would be naive to assume that this did not exist. Ethnic diets were well catered for.
 
Prisoner Communications
4.41 Shortage of space in this report precludes publication of the very large range of views which were obtained from prisoners throughout the year. These are in any case recorded in our individual establishment reports; a wealth of detail from prisoners is also contained in the Second Prison Survey which was published last year.
4.42 Given that there has to be symbiosis between prisoners and staff and a system of incentives to make any modern prison system work, we were generally re-assured by prisoner communications in 1994-95. There were some notable developments; for example, the distribution of comprehensive Prisoner Information Packs to each and every prisoner. Their introduction will continue to require a great deal of explanatory work by prison staff, but most prisoners appear to welcome them. Nevertheless some thought could be given to those who cannot read (audio tapes?). Distribution of Information Packs to families might also be considered despite the considerable budgetary implications involved.
4.43 We also noted with some considerable interest, that a prisoner ‘Community Council’ had been formed at HMP Penninghame. This represents an encouraging step forward in communication.
4.44 It was particularly encouraging to see greater access to telephones. There are still not enough pay-phones and some are also poorly sited; however, the SPS is making great advances here. Nevertheless, we would not be surprised if in future the Service then had to apply restrictions on the use of telephones, due to abuses by a minority of prisoners.
4.45 Finally, brief mention must be made of the Prison Visitors Scheme. We commend the work of its many volunteers who were regularly in touch with those prisoners who for whatever reason had no one to visit them.