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Section 7 of the Prisons (Scotland) Act 1989, as amended by the Scotland Act 1998, provides the statutory basis for the Chief Inspector of Prisons for Scotland. Before 1981 the post of Chief Inspector was held by a Prison Governor; but it was decided then that the appointment of an outsider would provide greater impartiality and independence of outlook. The Chief Inspector receives strong 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 civil servant seconded from the Scottish Executive, completes the Inspectorate team.
Scotland's 23 penal establishments each receive a full formal inspection, on a cyclical basis, currently every 3½-4 years. These inspections take between a week and a fortnight depending on the size and complexity of the establishment. The Inspectorate examines all aspects of the establishment from the point of view of humanity, propriety and efficiency, while having proper regard to security, discipline and control. The Inspectorate also takes account of policies and concepts applying to the Scottish Prison Service. The Chief Inspector comments on general trends in an Annual Report to Scottish Ministers which is laid before Parliament and published.
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 (points of note).
Inspection reports attempt to give a balanced account of conditions in the establishment, as they are found. When completed, inspection reports are sent directly to Scottish Ministers: they are not subject to negotiation with the Governor or the Scottish Prison Service. In due course, the Ministerial response is 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. The publicity which the Chief Inspector's reports attract can be a powerful instrument for change.
Full inspection reports are followed up by intermediate inspections in subsequent years, and these reports 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.
Finally the Inspectorate is 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 Ministers and additionally sent to all Chief Constables concerned. They are then summarised in the Chief Inspector's next Annual Report.
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