ANNUAL REPORT 1995-96

4. SECURITY, DISCIPLINE AND CONTROL

Security

4.1 The underpinning element of Mission Statement of the SPS is to keep in custody those convicted by the Courts. Statistics for 1995-96 (previous year in brackets) were:

Eight Category 'B' escapes (16), all of which were from escorts (court, hospital or compassionate leave journeys). Four Category 'C' prisoners also managed to escape from closed establishments at HMP Friarton and HMYOI Polmont.

115 Absconds (100).

4.2 Earlier in the year the Prisons Board ordered a full review of SPS security policy and practice which was to take full account of those Learmont recommendations which were relevant to security considerations in Scotland. The Learmont report had been commissioned following major breaches of security in English establishments and was published in October 1995.

4.3 The Scottish Prisons Inspectorate is neither empowered nor adequately manned to carry out complete security audits - a weakness which was underlined by the Learmont Report in respect of HM Prison Service. We believe that the Scottish Inspectorate's role in the inspection of security arrangements at all SPS establishments will need to be clarified in the light of the proposal to establish an internal security audit group based in SPS HQ, as it is essential that security matters are the subject of independent review.

4.4 A number of observations on security matters did arise during our inspections last year and these were routinely brought to the attention of Governors-in-Charge. Concerns over internal security at HMPs Peterhead and Greenock were, however, raised direct with SPS HQ. The detail of security observations was not published for obvious reasons.

4.5 The general direction which security policy in the SPS is taking appears to be satisfactory with monitoring and auditing arrangements being greatly improved on a strategic basis. The SPS must balance the requirements of all elements of its mission statement and in our view, has the balance about right at present. However, we believe that additional finance for the improvement of physical (particularly perimeter) security will become necessary in the longer term - above and beyond the £3 million which is being spent on security improvements in the coming year. More thought will also have to be given to advanced security training for all staff and management.

Major Incidents

4.6 For the second year in over a decade there were no major disturbances in Scottish prisons, which is significant and represents a considerable improvement in the daily life of all prisoners and staff. A consequent heavy financial burden has also been lifted from the public purse and we congratulate all concerned on this achievement. A reduction in unhelpful media speculation which may sometimes lead to 'copy-cat' behaviour may also have assisted this encouraging trend.

4.7 We are, however, unable to offer conclusive reasons to account for this period of sustained good order. Any detailed analysis of cause and effect will be complex and may take several years to realise. It may well be, however, that the implementation of a number of innovative penal policies, whose origins date back to the late 1980s, as well as the decentralisation of many key tasks and responsibilities and the devolvement of greater accountability to Governors-in-Charge, may have played key roles in addressing a traditional Service culture and in encouraging a climate of continuous improvement. Serious disturbances may, however, be sparked by more mundane factors including local conditions and perceived unfairness in treatment, but the introduction of prisoners' Grievance Procedure and the appointment of an independent Complaints Commissioner have gone a significant way towards dealing much more effectively at source with prisoners' complaints than was the case in the past. In general though, we conclude that on a very broad front, the right balance is being achieved by the SPS for the majority of the prisoner population.

Serious Incidents

4.8 Statistics indicate a doubling in the number of serious assaults by prisoners on other prisoners, compared with the previous year. This serves as a reminder that a proportion of the prison population will always be potentially volatile and violent. It is difficult, however, to identify specific reasons for such a steep and worrying rise, except to speculate that it might be ascribed to the nature of those who are being imprisoned, including an alarming number with experience of street drug culture and gangs. Growing numbers of prisoners deal in and abuse drugs within prison and violence in relation to drug deals and debts is on the increase. On the basis that prevention is better than cure, emphasis needs to be placed on improved intelligence gathering and as necessary, on greater electronic surveillance if this unacceptable rate of assaults is to be reduced.

Orderly Room Procedures

4.9 Orderly Room procedures were radically reviewed in 1994 in line with the need for more openness and accountability and to reflect SPS principles of justice, equity and fairness. The new procedures are much lengthier than before and take up much more time. However, our observations of records and attendance at adjudications have demonstrated to us that the majority of prisoners are now being dealt with on a much more consistent and equitable basis. That said, we continue to be concerned about the number of misconduct reports (especially for young offenders) which are raised and we note that in this respect, comparisons with England are unfavourable. Misconduct reports are not however, always an indicator of indiscipline by prisoners; rather they may be an example of individuals being placed on report for minor offences which arguably might be better resolved through dialogue at the Prison Officer level.

Prisoners Grievance Procedure

4.10 An independent Prison Complaints Commissioner was appointed in October 1994 to deal with those complaints which had exhausted all local internal channels. His first Annual Report indicates that after a relatively slow response from prisoners, possibly because of the bureaucracy of the original complaints procedure, his office is now experiencing a much greater flow of work. Recent changes, which included the removal of the SPS HQ level from the initial GP system, have led to much greater speed and confidence in the entire process. More emphasis on the Personal Officer's role has also helped to give the system credibility and routes for dealing with complaints about health care, members of the medical profession and social workers have also been clarified. A total of 217 applications for investigation were received in the calendar year.

Remand Prisoners

4.11 The average daily number of remand and unconvicted prisoners held in Scotland decreased slightly from 1,008 to 988 during the year but is nevertheless a very significant figure. One reason for so many remands could be a concomitant increase in numbers of bail defaulters, which in the absence of alternatives leads the Courts to resort to imprisonment, much the more expensive option given that the cost of holding such an average daily number of individuals is approximately £26 million per annum.

4.12 The total number of remand receptions during the year totalled 13,886 (14,579) and this group of prisoners is therefore of particular concern to the Inspectorate, as they consistently represent almost 20% of the prison population. Large numbers of these individuals flood into prison reception areas at the start of each week, after police and court cells have emptied, following the weekends activities. For a significant number, it is their first experience of prison and as unconvicted individuals, they should be receiving a reasonable quality of regime. However, as our inspections reveal, the reality is that few get more than the absolute minimum time out of cell and currently are locked up for more than two thirds of the day. Much of the reason for the limited nature of remand regime is to do with the fact that such resources as there are, tend to be focused primarily on the maintenance and development of regimes for convicted prisoners. Additionally, Prison Rules do not require remand prisoners to work and thus their daily existence is inherently unproductive and boring. This situation is exacerbated by overcrowding which frequently leads to the unavoidable mingling of convicted and unconvicted prisoners as, for example, was found in HMP Greenock and which without careful control, has an undesirable influence on future criminal behaviour. A growing number of unconvicted or untried prisoners have also been killing themselves; only one of eight apparent suicides involved a convicted offender last year.

4.13 Facilities and regimes in Scottish prisons would therefore appear to be unsatisfactory for most, if not all prisoners on remand. The final commissioning of the new PFI prison with 500 places is still some years off and by then, a general rise in the prison population may well have cancelled out some or all of its projected impact on overcrowding. There ought therefore to be a determined drive now to provide viable alternatives to imprisonment for some remands so that fewer are held in penal establishments and bail hostels are one of the most obvious alternatives. Much better regimes should also be made available for those held on remand, even though prison rules do not require them to work. More innovative ways of reducing costs should also be examined - for example the use of TV links between courts and prisons. This would reduce the number of times which remand prisoners have to appear in Court and therefore the potential for absconding, not to mention the cost in time and money for escorts.

4.14 Although the SPS appears to be doing its best with this large section of the prison population, we believe that there is a pressing need for a review of policy and practice in respect of remand prisoners throughout the entire penal system. This review should not only seek to find ways of addressing the paucity of regimes for remands, but also establish a much more co-ordinated and resource efficient approach to their custody.

Young Offenders

4.15 The majority of convicted male YOs continued to be housed in HMYOI Polmont (400+) and the remainder in HMYOI Dumfries and in the YO wing at HMP Glenochil; female YOs are held in a block in HM Institution Cornton Vale. YO remands are mainly held at HM Remand Institution, Longriggend - although some are routinely held in a number of local prisons such as HMP Greenock. The only open establishment for YOs, HMP Castle Huntly was reclassified late in 1995 and has become an open facility for adult short term prisoners.

4.16 We continued to direct close attention to these institutions and their inmates during the course of our inspections, as this age group presents a particular threat to the community because of their relatively high levels of recidivism. We were nevertheless impressed with the efforts which were being made in these institutions, both in terms of daily care and in a range of initiatives aimed at reducing offending behaviour. We also noted that the forward thinking regime at HMYOI Polmont had continued to improve steadily.

4.17 That said, we concluded that there was a pressing need to develop a coherent and co-ordinated national policy for YOs in Scotland which would address such matters as the need for an integrated approach to sentence planning which both phases and sequences opportunities, the need for a review of the YO estate, the design and introduction of complementary regime opportunities which avoid duplication of effort and maximise the efficient use of resources and the implication for staff selection and training of work with YOs. We believe that one of the greatest challenges for the SPS is seeking to exert a major influence on future crime reduction amongst this age group.

Women Prisoners

4.18 The overwhelming majority of convicted and remand prisoners held in Scotland are male, with their female counterparts accounting for about 3% of the total. On 31 March 1996 there were 187 women in prison, of whom approximately 70% were either in custody for comparatively minor offences such as fine defaults or were serving sentences of less than 6 months, or they had been remanded in custody. Nevertheless a small proportion of this population had been imprisoned for very serious offences.

4.19 Separately, it has been encouraging to observe how quickly the SPS has moved to implement a number of improvements which had been recommended in the Inspectorate's 1994-95 Thematic Study into the Treatment of Female Offenders. Many women prisoners with short sentences are now able to serve their sentence in female wings at HMP Inverness, HMP Aberdeen or HMYOI Dumfries, much closer to home and family. Previously they were all held centrally at HM Institution Cornton Vale. Others with longer sentences now also have an opportunity to go to these locations for local leaves or towards the end of their sentence. A 16 place accommodation block outside the perimeter of HMYOI Polmont also became a Training for Freedom Hostel/Open Prison exclusively for the use of women.

4.20 The resulting comparatively small reduction in the number of female prisoners being held at Cornton Vale has in turn exposed expensive staff/prisoner ratios and wider redundancies in the utilisation of the prison estate. Thus management have been planning for the move of young male prisoners from HMYOI Castle Huntly who are due to occupy an empty block separate to but within the perimeter of the female institution. Staffing difficulties have, however, led to unexpected delays and they are not now likely to arrive until much later this year. This latter situation has also apparently led to a hiatus in reviewing and implementing a new regime for women which was ordered last year as the result of the Thematic Study. Our view is that the entire situation needs to better reflect the changing needs of female remands and offenders, increasing numbers of whom are disturbed, and most of whom are in some way connected with the drugs culture. Indeed, it is not unusual for some 75% of the remand population at any one time to now be under observation at regular intervals by staff for problems connected with drug withdrawal and/or mental health.

4.21 Three violent deaths had occurred in one small block in this institution within the space of less than six months. All were young prisoners (from a remand population of around 50 females) who had hanged themselves and were the first such fatalities at Cornton Vale for many years. A fourth death has since occurred, after the reporting period, and there have also been three serious attempted suicides.

4.22 As a separate issue, we suspect that the less dangerous nature of the majority of offences committed by women, could offer an opportunity to reduce the number of those being held in inappropriate and expensive prison conditions. For example some remand prisoners, the majority of whom are from the West of Scotland, could be held closer to family in a bail hostel if one could be made available in Glasgow. A proportion of females do pose a serious threat to the safety of the public, but increasingly it would seem that some are a greater threat to themselves.

Difficult Prisoners

4.23 The practical realisation of policies to disperse difficult prisoners and to adopt innovative ways of dealing with them has in our opinion helped to contribute to a much enhanced climate of stability across the SPS. Provision for difficult prisoners now includes:

Shotts National Induction Centre which provides extended induction facilities for those prisoners who are serving 10 years or more

Shotts Unit which provides an option for adult male long-term prisoners who present management problems - the aim being to return them to the mainstream better able to cope and make progress towards release

Peterhead Unit which offers a considerably more structured and supportive regime for prisoners who present management problems. The purpose of the Unit is also to enable difficult prisoners to be successfully re-integrated into a mainstream prison. The regime offers a range of counselling, work and other opportunities which can be tailored to meet individual needs.

There is also a small facility at HMP Perth which provides a national resource for disruptive prisoners who require intensive staff/prisoner interaction for short periods.

4.24 There is, however, another group of difficult and disruptive prisoners for whom small units are inappropriate, but who are nevertheless incapable of operating in a mainstream prison without causing significant management problems. The latter may manifest themselves in a variety of ways such as subversive activities, drug dealing and assaults on staff and prisoners. These prisoners frequently find themselves located in segregation units or in special sections within normal accommodation blocks and afterwards spend regular periods outwith normal association. The disproportionate effect which these prisoners have on the stability of a prison can cause significant problems for staff, but at present the means of dealing with them as a general group, tends to be ad hoc and dependent on inter-prison agreements for re-locating them as necessary. We believe that there may well be scope for some form of special provision pitched between the mainstream and Small Units for those disruptive prisoners who fit neither regime. In our view, an examination of possible alternative responses for this type of prisoner should be instituted without delay.

Vulnerable Prisoners

4.25 Vulnerable prisoners are those individuals who are considered to be at risk of intimidation or assault from other prisoners. They are held in special regimes which keep them separate from other prisoners within mainstream establishments and many (but not all) are sex offenders, of whom there are approximately 500 are currently held in Scottish prisons. There are also numbers of prisoners who are held on 'protection' because of fear of retribution from others as a result of unpaid drug debts, inter-factional rivalries and problems brought into prison with them from outside.

4.26 Tensions between sex offenders, other protection prisoners and mainstream prisoners continue to create considerable management problems - eg on average, one quarter of protection prisoners also have a history of suicidal or self harming behaviour with many of those who exhibited these behaviour patterns doing so even whilst on protection. An increasing number of these prisoners also require psychiatric support.

4.27 A range of initiatives aimed at tackling offending behaviour was on offer in most establishments. However, being on protection did not necessarily automatically trigger efforts to deal with a vulnerable prisoner's offending behaviour. This is partly a function of the restrictions of the protection regime, but also because this group tends to be treated as a separate entity from normal mainstream prison life. The regime at Peterhead, however, now holds up to 170 sex offenders and focuses very clearly on the special needs of this dangerous group via its 'STOP' programme. It adopts a groupwork approach which is currently only available on a voluntary basis. The course takes approximately one year to complete and is run by a multi-disciplinary team of Social Workers and volunteer Prison Officers at a cost of approximately £2,830 per prisoner place.

The first phase explores the attitudes and beliefs that underlie and contribute to the prisoners’ sexual offending and works towards their accepting full responsibility for their behaviour. The offender is made to understand the full effect and impact that he has had on his victim(s).

The second phase, through the identification of danger signals and situations, leads to the development of a relapse prevention plan, the central aim of which is the avoidance of similar situations on release.

4.28 The STOP programme is a long and tough course for volunteer offenders to complete, but we believe that an additional maintenance or progression programme is now required particularly during the pre release period. There is also need for more formally developed programmes to assist sex offenders who are serving shorter sentences, to address their offending behaviour. Programmes already in existence (for example in Barlinnie and Edinburgh) might serve as a starting point for short sentence prisoners, with those at Shotts catering for the longer term prisoner. Shotts could even act in an induction and assessment role for sex offenders with longer sentences in terms of identifying those who would benefit from transferring to Peterhead to participate in the STOP programme. However in turn these essentially local solutions demand the early establishment of a central programme coordinator at SPS HQ, as we have already recommended (see Chapter 11f).

4.29 The entire thrust of all such activities above must be to reduce or prevent the creation of further victims, acting in tandem with any changes to punitive measures which might be proposed. SPS efforts to serve the publics needs in this emotive area would of course be greatly enhanced if there was a comprehensive programme of throughcare available in the community.

Bullying

4.30 Bullying will almost always be a problem for some prisoners and we were occasionally conscious of its menacing presence in the background at various prisons. Its real extent, however, is always hard to determine, mainly because of the lack of reliable evidence - victims are frequently unwilling to report those who bully them for fear of further retaliation. The number of inter prisoner assaults may, of course, be one obvious indicator, but bullying also has a psychological component to it. Incidences of self-harm can sometimes be traced to bullying, but no statistical linkage was available. We do, however, hope for greater clarity when the results of a two year study into bullying commissioned by the SPS from the University of Stirling, are made known to all establishments later this year.

4.31 In the interim, many establishments including YOIs such as Polmont and Glenochil have been continuing with measures aimed at the reduction of bullying. In our opinion, these appear to have been reasonably successful, as has the innovative BASIL scheme at Longriggend. The Inspectorate supports those policies which:

Clearly display the establishment’s policy for all to see

Give warnings and take administrative action against offenders

Separate individuals after adjudication (with the offender being sent to another establishment in extreme cases - ie move the bully not the victim)

Monitor the effectiveness of action taken

Deal with the bully and with the individual who has been bullied.

Suicide

4.32 Concluding remarks in our last Annual Report expressed hope for a reduction in the number of suicides in 1995-96, following a year in which the rate had trebled to 16. These tragic statistics appeared to be reflecting a general upward trend in society with suicide having become the second commonest cause of death amongst young males in Scotland. Sadly, suicide affects all sections of the community particularly those suffering from social deprivation, high levels of unemployment and street drug culture. The rate in prison now appears to be rising at a greater pace, which is not surprising given that the majority of prisoners come from poorer socio-economic backgrounds.

4.33 There were eight suicides in Scottish prisons between April 1995 and March 1996, seven of whom were unconvicted prisoners during the early stages of custody. Unusually, a cluster of three (subsequently four) female deaths was also included in these depressing statistics and were the first for many years. There were no such deaths in Young Offenders Institutions, despite the fact that a high proportion of the at risk age group are held there.

4.34 In previous reports we have speculated on the contributory factors which might lie behind these premature deaths - ie unemployment with little prospect of work, marital and family difficulties, psychiatric illness, bullying, alcohol and drug abuse, remorse, or a combination of some or all of these factors. Imprisonment may also exacerbate problems which some vulnerable and sometimes inadequate individuals are already struggling with, and the question for the SPS must be to determine whether anything more than is currently being done, can prevent further incidents. It was therefore most encouraging to find that following last year's alarming upsurge, the SPS commissioned a major study into suicide which will complement a number of previous studies. The findings of this report (The Gunn Report) were being made available to Governors in May 1996.

4.35 In the interim, we offer our own particular reflections. A significant proportion of deaths in the last few years have been amongst remand prisoners, the overwhelming majority of whom had given no direct indications of their intentions to prison staff. When the situation facing them is more closely examined, it is perhaps not surprising that remands can feature in so many suicides. For example, there is the anxiety caused by the process of incarceration, there is the added stress of not always knowing how long the remand period will actually last and the date of trial and its probable outcome could also be unknown. The individual may be forced to share a cramped cell with a complete stranger and the abrupt removal of familiar comforts - be they alcohol or illegal drugs - may also lead to irrational behaviour. Some incidents may even be 'cries for help' which unintentionally become fatal. For these reasons remand prisoners ought to be given the closest attention - especially during the reception phase where the deployment of nurses with psychiatric qualifications should be maximised. However, nurses with such training are not always available: neither do they always have the time for detailed and searching interviews especially when large numbers of remand prisoners are arriving at once (eg HMP Barlinnie). Psychiatric screening at court (as an extra safety net) is therefore a proposal which might be worthy of further examination: for example the establishment of a Community Psychiatric Nurse or equivalent, with priority given to Glasgow.

4.36 It is also at the reception stage that the relatively new computerised prisoners' records system (SPIN) could play an increasing role in recording data on potentially vulnerable prisoners, which is picked up through routine interviewing by prison officers and nursing staff. This data is then capable of transfer to terminals in the accommodation areas and when the system is programmed automatically to flag 'at risk' prisoners to staff, this will be another of the many steps which are required to monitor an increasingly vulnerable population.

4.37 Further and greater thought should be given to the problems of withdrawal symptoms which some drug abusers may experience shortly after admission to prison and which can lead to extremes of anxiety and depression. This may be of particular significance to remand prisoners given that one recent survey has shown that the majority of this group had experimented previously with illicit drugs.

4.38 Our inspections have devoted close attention to suicide awareness among management and staff and we conclude that awareness is generally still good though it is clearly important to maintain awareness training on a consistent basis and to include training which helps staff to identify the signs and symptoms of behaviour likely to result in self harm. We found that local Suicide Risk Management groups were invariably working systematically at the difficult task of monitoring and adjusting where appropriate, the operation of the SPS Suicide Prevention Strategy. Each group tended to vary somewhat in its scope with some extending the range of their interest beyond issues relating strictly to self harm behaviour. On the basis that sharing information and ideas within a multi-disciplinary team on the general management of vulnerable prisoners is self-evidently a good thing, we support the broader approach but we would have liked to have seen a psychiatrist on every SRMG. The involvement of selected prisoners at appropriate times is also worthy of consideration, as we recommended last year - they could be very useful when considering issues of local conditions and their effect on the prisoner population as a whole.

4.39 In relation to the Suicide Strategy itself, our primary concern related to the potential effect on the vulnerable prisoner of the severe limitations of strict suicidal supervision which effectively separates the individuals from their peers and places them in special clothing in a stripped cell. Whilst we understand the very real concern to ensure that disturbed individuals are not given the opportunity to harm themselves, 'SSS' status militates against the value which can be gained from sustained human contact and support. We are much more in favour of a policy of intensive support and integration for these individuals, notwithstanding the inevitable implications for staffing levels. (Those prisons with the highest suicide rate might be selected to trial such an approach.)

4.40 We noted that 50 members of staff had been trained in Post Traumatic Stress counselling at the SPS College last year and this will help with staff and prisoner counselling following any suicides, as it should never be forgotten that suicide also has a considerable emotional impact on staff. It was also reassuring to observe that Samaritan Groups were now circulating more widely - for example, their operations had been extended to Greenock late in 1995. We also commend the introduction of the Listener scheme at HMP Edinburgh and suggest that it might be extended to some other establishments.

Drug Abuse

4.41 A welcome community wide initiative was launched by the Secretary of State in January 1996, entitled 'Scotland Against Drugs'. At much the same time, a rolling programme of random Mandatory Drug Testing (MDT) was introduced at two prison establishments ie Edinburgh and Cornton Vale. The testing programme is based on urine analysis and identifies those prisoners who have recently abused drugs. For those who test positive, sanctions are applied as appropriate and access to education and addiction programmes is also made available to help them begin to address their drug abuse. There is a number of conditions which might prompt testing, with refusal to supply a sample being an offence:

On reception or on return from temporary release on licence

Random selection by computer (10% of prisoners per month)

Reasonable suspicion that a prisoner may have recently misused drugs

Persistent misuse of drugs

As part of risk assessment (if a prisoner is being considered for release on temporary licence or for allocation to work parties).

4.42 The test is carried out by Prison Officers and the sample is divided into two bottles. One is tested immediately and if the result is positive, the Medical Officer (MO) will be consulted to eliminate any possibility that the result was caused by any medication taken by the prisoner. However, this can only be done with the prisoner’s consent and information is treated in the strictest confidence. If the prisoner pleads guilty to the charge at the Orderly Room, the Governor can then deal with the case immediately. Should the prisoner challenge the results, then the second sample is sent for a test at an independent laboratory. There is no tariff of punishments - the Governor can treat each case individually and act accordingly. Most importantly, after the case has been heard the prisoner is informed about how to get help and advice on misuse of drugs - the general rule being that MDT will only be carried out at prisons which are able to offer proper education and support programmes. There is of course the danger that prisoners may seek to take drugs which are less easy to detect or which remain in their systems for as short a time as possible. It is for this reason that we suggest that the testing process is regularly reviewed to ensure that only the most reliable system currently available is the one which is used by the SPS.

4.43 It is estimated that the annual cost of mandatory drug testing will be between £150,000-£200,000 and it should be noted that no new funds are currently available to resource the testing programme. This leaves the SPS having to juggle with priorities which in this sphere, includes the provision of suitable numbers of addiction workers whom we believe are a central pillar in the overall drugs strategy. As MDT is extended to all Scottish prisons within the next year, these contradictory pressures on prison budgets will inevitably increase.

4.44 As far as the scale and general nature of drug abuse is concerned, the lack of definitive information makes it extremely difficult to assess the true size of the problem. MOs and Nurse Practitioners could only extrapolate from the numbers whom they saw at surgeries. Some were able to reveal that there was "a significant medical problem" in the direct presentation of addiction problems in their establishment, but whether individuals had arrived with the habit or had acquired it in custody, was difficult to determine. The view of Governors-in-Charge varied, with some (more notably at local prisons such as HMP Perth) admitting that there was a "major problem".

4.45 Few prisoners, though more than last year, have offered the Inspectorate any direct observations on the nature and extent of the drug culture and they could be reticent about the subject when questioned. The public consensus among prisoners is that the drug problem in prison is no greater than that found outside. This may well be an accurate perception of the situation, but with much of course depending on what was considered 'normal' for the prisoner outside (many for example do not consider that cannabis is a drug). We estimate that the extent of drug abuse in some, though not all prisons, could be greater than in the rest of the community as prisons contain a concentration of those previously involved in the drug culture outside.

4.46 The reasons for drug taking within prison are numerous and range from merely continuing a habit begun outside, to problems with stress, poor coping skills, boredom, a craving for excitement or the need to have relief, albeit temporarily, from the pressures of imprisonment. The temptation to take illegal drugs may sometimes be difficult to resist especially at weekends when there is little to relieve monotony and boredom. Drugs are smoked, sniffed or swallowed but substances for injection are quicker in their effect - though acquisition of new or sterile needles can be a problem. Those willing to share needles can expect to suffer the problems which stem from the use of dirty needles, including increased risks of HIV and Hepatitis infection.

4.47 An accurate picture of the influence that the drug culture has on the levels of intimidation, extortion and violence is not easy to obtain either, but the numbers of prisoners being admitted to local hospitals for stabbings, fractures and drug overdoses may provide some indications of the latter, with statistics in some cases (eg Glenochil and Perth) being quite alarming. Violence may stem from the taking of drugs, the loss or failure to obtain drugs, or financial competition between rival factions.

4.48 Governors face significant problems in stemming the flow of illegal drugs into prisons. Our experience and assessment tell us that demand for drugs among prisoners is high, with the internal drugs market representing a potential source of power and money for dealers who regard the calculated risks which they run in buying and selling drugs, to be worth the danger of detection.

4.49 In practical terms, there is a number of methods by which drugs can enter a prison of which the following are only a few examples. They can be passed surreptitiously during visits, thrown over perimeter walls or pushed through fences and cleverly disguised to look innocuous, they can be wrapped in clingfilm and swallowed or hidden in the rectum by new admissions or by those returning to prison from Court or outside visits and finally, there is scope for them to be hidden in vehicles which enter prisons. Occasionally, prison staff are also accused of trafficking in drugs though any such allegations are rigorously investigated by the police; there have been no prosecutions of staff during the currency of this report. Prison staff regularly intercept drug packages and have become very skilled at combining physical searches and careful intelligence gathering which helps to focus their activity. However, despite the use of electronic surveillance, the deployment of sniffer dogs (who last year made over 90 finds), systematic searching and careful observation, we recognise that the complete elimination of illegal drugs in prison is an extremely difficult goal to achieve.

4.50 In relation to the problem of drug smuggling at visits, some establishments operate a policy of strip searching every prisoner after every visit, whereas other establishments operate a policy of random strip searching. In our view, the mere possibility of being strip searched represents a significant deterrent to many prisoners who are therefore discouraged from opportunistic smuggling. As to whether invariable or random searching is more effective, the evidence shows that in fact comparatively few items are actually retrieved during strip searches per se and in our view, the deterrent value of strip searching is as well achieved by random searching as it is by a policy of strip searching all prisoners. Drug finds are reported to the police as a matter of routine and if there is sufficient evidence, then criminal charges follow. The same applies to visitors who are caught trying to smuggle drugs. Prisoners who abuse the privilege of open visits by participating in drug smuggling are invariably placed on close visit restrictions.

4.51 We believe that drug education and drug reduction programmes offer much the better long-term ameliorations to this apparently intractable problem and these have been continuing to develop throughout the year, albeit in our opinion, somewhat patchily. Nevertheless, the SPS anti-drug policy recognises that prison can present a major opportunity to address prisoners' addiction as well as their offending behaviour; thus the best programmes adopt a multi-disciplinary team approach with specially trained staff working in tandem with prison medical staff. Detoxification programmes which may involve the use of methadone and other drugs (which in themselves are not without inherent dangers) on a reducing basis, can last for up to the first fortnight of a regular 28 day detox programme. Most prisoners on such programmes are then required to follow through and complete an addiction counselling programme lasting several months, including voluntary urine analysis, which starts in prison and may continue as part of a planned programme in the community. Some prisons are also considering the possibility of setting up ‘drug free areas’, where prisoners can voluntarily participate in a completely drug free culture. We fully support this kind of initiative in the range of responses which Governors are making in the war against the insidious scourge of drug abuse. We also recognise the value of detoxification and education and support programmes for those with chronic problems.

4.52 In the immediate future we believe that there must be an increase in the number of prison addiction workers and they should have at least equal priority with the introduction of MDT. If the SPS is unable wholly to fund the former, a cooperative solution should be sought with Local Authorities in view of the fact that the drug culture is an ongoing and shared problem for everyone in the community. Psychiatric and psychology support should also be increased to support both addiction and other related programmes, with priority being directed towards YOs and short term prisoners, as they have perhaps the greater potential for chronic abuse and recidivism. Greater efforts must be made to enlist the help of prisoners' families in this struggle - their cooperation and understanding could be a vital element in a concerted approach to drug reduction. We therefore commend Shotts for its enlightened approach to visits (see paragraph 5.40) which forms a first class basis from which to launch family outreach.

HIV/AIDS

4.53 As testing for HIV is entirely voluntary and results are properly confidential to the individual prisoner, it is not possible to assess the true level of HIV status across the prison population. That said, programmes of voluntary anonymised saliva testing to establish the number of HIV positive prisoners at various establishments have been undertaken on a number of occasions in recent years. The SPS has always adopted an enlightened approach to the treatment of HIV positive prisoners who are invariably cared for in the mainstream unless their degree of illness requires hospitalisation.

4.54 HIV and AIDS education is available for both staff and prisoners, though the vigour and proactivity with which education programmes are implemented, varies widely among establishments. In view of what is known about the drug culture in prisons, we would urge that constant reinforcement of the messages about harm reduction is crucial.

4.55 Apart from the dangers of HIV infection, medical staff are increasingly concerned about the spread of Hepatitis (especially Hepatitis C) which is highly infectious an which can be spread through sharing dirty needles.

Alcohol Abuse

4.56 Many first and repeat offences are committed under the influence of alcohol, (although it is often more likely that drug abuse will catch the headlines). Therefore education programmes in prison which are linked to pre-release courses can make a major contribution towards the reduction of crime, though unfortunately, not all prisons run their own programmes at present. The majority of those prisons which offer programmes are usually supported by voluntary assistance from Alcoholics Anonymous (AA), whose unpaid members we encountered during inspections, as they conducted their evening sessions with volunteer prisoner groups. We commend their efforts as an excellent example of the community taking an interest in the origins of crime and in its reduction via the imaginative use of prison time.

4.57 In HMP Barlinnie where the greatest number of short term prisoners are located, the Barlinnie Addiction Project (BAP) has long been providing programmes for both individual prisoners and for groups. Counselling is provided by two permanent staff and up to 14 volunteers from the Glasgow Council on Alcohol. In a new initiative, however, the best traditions and the wealth of experience gained over the years in BAP, is to be integrated into a wider multi-disciplinary approach to substance abuse in general, with many believing that this kind of strategic and co-operative model has the best chance of success. HMP Edinburgh has also introduced a similar initiative, whereby nearly 200 prisoners have met with members of voluntary and statutory organisations in Lothian, Borders and Fife, to find out what support is available to them after release. This is an excellent initiative as all too often, we meet prisoners who have been released and who have found it both difficult to settle with family and to find a job. They resort to alcohol instead, which leads to crime and their return to the familiar territory of barred cells and noisy galleries.

Race Relations

4.58 A comparatively small number of individuals from ethnic minority backgrounds was held prisoner in Scotland last year: nevertheless, race relations and the needs of ethnic minorities were given scrupulous attention by most prison management teams. Each establishment had appointed at least one Ethnic Minorities Liaison Officer.

4.59 Arrangements for religious minority worship appeared to be relatively sound in most establishments although the availability of information leaflets and foreign language cards could still be much improved. Nevertheless, some enterprising staff (eg in Barlinnie) had established very good relationships with local ethnic communities who were able to help with translators where necessary, with visits and with the provision of foreign language written and audio material.

4.60 During the year we did not uncover any cases of racial abuse or harassment which had been the subject of formal complaint - but it would be naive to assume that these evils do not exist. We were, however, greatly concerned by the conditions in which persons awaiting deportation (PADs) were being held at HMP Greenock. An average number of 14, but sometimes as many as 30 individuals from countries including Algeria, India, Pakistan and Iran were being held in raw and unsuitable conditions in the prison's 'A' Hall. The overcrowded galleries in that Hall contained a volatile mix of remand and convicted prisoners as well as PADs, some of whom had been held for many months whilst their case was being processed. Whilst staff at HMP Greenock and volunteers from Strathclyde Community Council were doing all that they could for these individuals, we questioned the appropriateness of their being held in such conditions when separate arrangements are made for immigrants in England by the Home Office (ie hostels and sites at airports). Since the publication of our inspection report on HMP Greenock, the Immigration Authorities and SPS are now in dialogue over the provision of possible alternatives which should apply to all PADs who are held in various prisons throughout Scotland.

Home Leave

4.61 The qualifying criteria for home leave and other unescorted temporary releases were modified and made even stricter following adjustments to the Prison Rules in February 1996. Low security risk Category 'D' individuals still continue to be the only prisoners who are eligible for such schemes, but they must now serve at least one third of gross sentence or six months, whichever is the greater, before they can be considered for any unescorted leave. As a consequence, the number of home leaves are expected to be reduced by about one third, which will make the importance of prison visits correspondingly more important. In our opinion, home leave and temporary release for selected low security category prisoners are extremely important elements in the process of assessing and preparing men and women for their eventual return to the community. Whilst we completely understand the need to take full cognisance of the implications of releasing prisoners on trust into the community, we believe that the SPS discharges this particular responsibility with utmost care and attention.

Remission

4.62 Present general release arrangements are divided into two categories. Prisoners serving sentences of less than 4 years (or "short term" prisoners) are released when they have served half of their sentence subject to any days added for breach of prison discipline. This release is usually unconditional but the Courts can order supervision on release in certain circumstances. "Long term" prisoners serving determinate sentences of 4 years or more are eligible for parole at half sentence: if they are not granted parole, they are automatically released at two thirds of sentence - again subject to any added days. All prisoners sentenced since October 1993 are also liable to be returned to prison on reconviction (ie if between the date of release and the date on which the full sentence ends, a person commits another offence, the Court may order their return to prison for the remainder of that sentence whether or not it imposes a sentence of imprisonment for the new offence). The length of time which a prisoner spends in custody can also be increased as the consequence of disciplinary punishments awarded by prison Governors who may impose added days.

4.63 During the course of the year, the Secretary of State has proposed changes to this system including the suggestion that in future, offenders should serve their full sentence in custody apart from a small period of remission of one sixth of sentence, which they would have to earn. Greater supervision on release is also being advocated with current arrangements to be replaced by compulsory supervision for all LTPs who are released early. In addition, a considerable increase in the number of Supervised Release Orders (SROs) is recommended for short term prisoners, or those who present a high risk, regardless of sentence.

4.64 These latest proposals are still at a consultative stage, although we understand that they could be incorporated into legislation in the Autumn and be effected sometime in 1997. It is generally accepted that if introduced, a figure of one sixth remission would lead to a significant increase in the penal population in the next few years - one estimate being up to 1,000 more prisoners (in addition to the rise from 5,600 to 6,100 already forecast).

Recidivism

4.65 It is still not possible to access wholly accurate statistics on rates of recidivism. Similarly, it is difficult in a reliable statistical form, to get to the root of the reasons why individuals reoffend thus enabling us to be able to draw useful conclusions about the effects of imprisonment on re-offending. This is an important issue for the SPS in terms of identifying 'what works' in order to help inform regime content and focus. We would welcome a research project which would bring together existing knowledge on recidivism and relate it to the effectiveness of current prison regimes. This would of course be a complex, resource intensive and demanding piece of research but firmly planted in the Scottish context, would provide extremely useful background for influencing regime provision.

Prisoner Communications

4.66 Throughout the year, the Inspectorate gathers a very wide range of views from prisoners. Shortage of space prevents their replication in this report, but they can be found recorded in individual inspection reports.

4.67 Self evidently however, we found that good communication between those in authority and those held prisoner continued to be of fundamental importance, with some prisons as always, being better communicators than others. The Prisoner Information Pack containing a core of information common to all prisoners, continued to be made available to each individual and in a number of cases, was supplemented by locally produced information which covered arrangements unique to individual establishments. For those prisoners with reading difficulties, consideration is also being given to the production of audio tapes as well as foreign language tapes for ethnic minorities. All establishments already issue separate information sheets or booklets to families and visitors, which we believe is as important as communications with prisoners themselves. Overall, we were very encouraged by the increasing importance given by staff to the task of effective reciprocal communication with prisoners and their families.

4.68 The staff and prisoner ‘Community Council’ at HMP Penninghame to which we referred last year, seemed to be progressing well. The Community Council at this open prison for LTPs involves groups of staff and prisoners, who report on such subjects as:

visits and welfare

public relations

sports and recreation

domestic affairs

4.69 We believe this sort of initiative is worthy of further development and possible adoption elsewhere. HMP Peterhead for example had established its own Education Committee with prisoner participation: attendances at classes were correspondingly at a much higher ratio.

4.70 It was also encouraging to see that many more pay phones were being introduced to facilitate external contact and that there was increased access to them. That said, it is also regrettable that a minority of prisoners will doubtless continue to abuse this hard won privilege and that as a consequence, telephone monitoring will have to continue into the foreseeable future.