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Her Majesty's Chief Inspector of Prisons for Scotland: Report for 1999-2000

Previous Reports

1981--Cmnd. 8619
1982--Cmnd. 9035
1983--Cmnd. 9401
1984--Cmnd. 9636
1985--Cmnd. 9909
1986--Cm. 260
1987--Cm. 541
1988--Cm. 725
1989--Cm. 1380
1990--Cm. 1658
1991--Cm. 2072
1992--Cm. 2348
1993--Cm. 2648
1994--Cm. 2938
1995--Cm. 3314
1996--Cm. 3726
1997--Cm. 4032
1998--Cm. 4428 SE/1999/21

ISBN 0 10 148242 6

Role of the Prisons Inspectorate

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 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 main Inspectorate team, although a number of lay consultants and researchers are now included in the inspection process.

Scotland's 24 penal establishments (19 with effect from 1 April 2000) each receive a full formal inspection, on a cyclical basis, currently every 3-4 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 the Scottish Ministers which is laid before the Scottish and UK Parliaments 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 aim 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 Governors or the Scottish Prison Service. In due course, a 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 the Scottish 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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