4.1 A growth in the prison population and a loss in design capacity due to a rolling refurbishment programme means that the prison estate is currently housing almost 1,000 prisoners over capacity. This figure is expected to rise by at least a further 200 every year and this does not take into account those calculations which are concerned with recently proposed changes in early release (see paragraph 1.4).

4.2 Overcrowding has increased over a number of years and has many potentially unsatisfactory consequences, including a delay in the much needed refurbishment of several Victorian era prisons. It can also lead to heightened tension and potential difficulties over discipline and control as staff can be swamped by the additional weight of numbers. Additionally, they are often unable to devote sufficient time to remands or those in the early stage of sentence - ie those who are in most need of attention. Overcrowding can also lead to remand and convicted prisoners being mixed at some prisons, which is undesirable.

4.3 Many prisoners are also prevented from taking part in work, so that the opportunity more fully to repay their debt to society is denied and they are left lounging about in their cells. This can increase the boredom factor which is said to be behind some cases of drug abuse - or even some suicide attempts. Prisoners are also unable to acquire the skills which would be useful in rebuilding their lives after release. Others may be unable to participate in offending behaviour, drug reduction and similar programmes which are important to rehabilitation, with later impact on rates of re-offending - and therefore possible increases in the future number of victims of crime. Currently, the only relief in sight is the completion of a new 500 place prison at Bowhouse, Kilmarnock, but this is unlikely to come into operation much before the end of the century.

The Scale of the Problem

4.4 In March 1995 the SPS estate was overpopulated by a figure of 589, the total number of places available being 5,156 against a daily population of 5,645. In March 1996, the over population had reduced to 279 due mainly to some re-arrangement of the prison estate; the total number of places available had risen to 5,418 against a population of 5,697. In March 1997, however, the figure had risen to 927, the total number of places available being 5,291 against a population of 6,218. (At one point - on 19 March 1997 - the over population rose to 1,059 when those held in custody reached a record figure of 6,350.)

4.5 A large number of closed establishments were affected by overcrowding throughout the year. Those who were consistently overcrowded, or over usable capacity in excess of 10%, are shown below.

4.6 This is the first time in recent years that HMYOI Polmont has been overcrowded on such a scale. In anticipating this situation, the SPS had hoped to provide some relief by creating a new male offenders wing at Cornton Vale but a spate of suicides and other difficulties in that establishment led to the suspension of this innovative plan.

4.7 The five other prisons referred to above, all contain remand prisoners and have been overcrowded at various stages over the past few years. However, there has been a significant increase this year due to the steady rise in the number of those being taken into custody - a situation which coincided with a temporary loss in design capacity mainly due to some accommodation Halls at Perth, Edinburgh and Barlinnie being closed for much needed refurbishment.

Other Factors

4.8 The number of individuals who are likely to be sent to prison by the Courts can never be accurately forecast and this is a major reason for the mismatch which will always occur between the number of cells available and the actual daily prison population. There is also a number of other factors which impinge on capacity - for example, a number of cells must always be left vacant for national contingency purposes.

4.9 Full account must also be taken of prisoners’ security categories. These cannot accurately be predicted, firstly because they cannot be calculated until after prisoners have been sentenced and secondly because the security categories of individuals can change as they progress through their sentence. Prisoners should, of course, be placed in an establishment appropriate to their security category but that means that there can often be a demand for cells in one type of prison whilst there may be significant vacancies elsewhere. There is also an obligation to segregate sexes and where possible, to separate remand from convicted prisoners and adults from young offenders, all of which can complicate resource planning.

4.10 As already mentioned, major sections of the prison estate have recently been involved in an extensive refurbishment programme. This was long overdue and was needed in order to upgrade some Victorian buildings and to provide the most basic of amenities, such as integral sanitation. This dictates that cells and often entire Halls, have to be emptied whilst contractors instal WCs, which then contributes to overcrowding elsewhere. Often this particularly impinges on remand prisoners at the larger establishments with many being held two (and sometimes three) to a cell. This was the situation found at the inspections of Edinburgh and Perth, where the rolling refurbishment programme has had to be delayed due to even greater pressure of numbers. A piece-meal approach is now having to be adopted, which means that overcrowding will go on for longer. A delay in the ending of ‘slopping out’ is also likely, with a third of prisoners in Scotland denied any access to night sanitation at present.

Effect on Prison Life

4.11 Overcrowding pervades almost every aspect of prison life. It can first be seen at the Reception and Induction phases, where there may be insufficient staff or inadequate facilities to process the number of prisoners on admission and can result in vital information being missed - for example previous drug histories or other indications of risk. Other areas which can be affected are as follows:-

4.12 We recognise that it is easier to describe the various effects of overcrowding than it is to provide coherent solutions. Nor should the Inspectorate be concerning itself with matters of criminal justice policy, as these are outwith its remit; however, as the latter can affect conditions in prisons, we offer the following observations.

4.13 SPS management and staff are managing to cope with present levels of overcrowding, but a considerable effort is involved and cannot go on being sustained indefinitely. Additionally, the numbers of those imprisoned in Scotland are forecast to rise by at least 200 prisoners in each successive year, a figure which does not take any proposed changes to early release into account. Arrangements for those held under the Prisoner and Criminal Proceedings (Scotland) Act 1993 are currently as follows: prisoners who are serving sentences of less than 4 years are released when they have served half of their sentence. Those who are serving determinate sentences of 4 years or more are eligible for parole at half sentence and are automatically released at two thirds of sentence if they are not granted parole.

4.14 Major changes to this system are contained in the Crime and Punishment (Scotland) Act 1997 and include the proposal that offenders should now serve their full sentence in custody, apart from a small period of remission of one sixth of sentence. It is not known when this will come into operation, though it is generally accepted that its enforcement will lead to even more significant increases to the penal population. It is estimated that there could be up to 1,000 additional prisoners on a daily basis by the turn of the century - rising to 2,200 within 5 years.

Long Term Solutions

4.15 A new 500 place prison at Bowhouse, Ayrshire will provide some relief for present levels of overcrowding and is expected to come into operation in 1999. However, by then there may be up to 400 more prisoners more in the system - ie there might be no real change to the status quo, with the equivalent of two additional 500 place prisons still being needed.

4.16 As noted at paragraph 4.14, when changes to remission are enacted, it is expected that there will be a further 1,000 prisoners on top of the existing level of overcrowding. In anticipation of this eventuality and following publication of last year’s Crime and Punishment proposals, Local Authorities were invited to consider the siting of new prisons in their area. However, the lengthy planning and construction time involved, indicated that it would take 4-5 years for any such project to become operational. There are also considerable funding implications; for example, the new prison at Bowhouse will be built under the Private Finance Initiative, with initial construction costs for a 500 place prison being estimated at a minimum of £60 million.

Medium Term Solutions

4.17 We believe that up to 500 additional places (or the equivalent of one prison) could be provided if there was to be further building within existing prison perimeters. These might not require such lengthy planning permission and as land would not have to be bought, they might be a cheaper option. In addition, the staffing infrastructure of the parent establishment would already be in place.

4.18 We estimate that space might exist for several such blocks to be built - for example in Edinburgh, Shotts and Peterhead with space also possibly existing for a further temporary or permanent block at Barlinnie. However, at present the major obstacle is that there is no funding for the additional Discipline staff who would be required to run these new buildings.

Other Solutions

4.19 We understand that consideration might be being given to the use of temporary overflow sites but even if these could be found, there is no funding for additional supervisory staff on present planning.

4.20 We estimate, however, that up to 500 places (or the equivalent of one new prison) might be saved via the combination effect of various diversionary schemes such as: