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

1 Introduction

SPS Mission Statement
'To keep in Custody those committed by the Courts: to maintain good order in each prison: to care for prisoners with humanity and to provide prisoners with a range of opportunities to exercise personal responsibility and to prepare for release'.

The previous Annual Report, published in August 1999, concluded that "as the 20th Century ended, there was much to be optimistic about regarding the future of Scotland's 24 penal establishments. Inspection of the long term prisons indicated that the SPS was meeting the challenge of protecting the public from serious criminals and was tackling some of the factors which lead to criminal behaviour. Victorian era buildings were being refurbished and the numbers being imprisoned seemed to be steadying, with the possibility that overcrowding would no longer be a major issue. It was thought possible, therefore, that consideration might be given to closing one or two isolated or less cost effective prisons".

In mid-October, it was announced by the Scottish Executive that underspends of £13 million, which had been accumulated by the SPS over several years as the result of the planned accumulation of end year flexibility, were to be re-deployed within the overall Scottish Executive budget. However, the baseline budget of £189 million was to remain untouched. Shortly afterwards, the SPS Chief Executive stated that as a result of this re-deployment, about 400 posts would have to be cut and a number of prisons closed.

• In December 1999 HMP Friarton became a satellite of HMP Perth.
• In January 2000 HMP Unit Peterhead was 'mothballed'.
• In March 2000 HMP Penninghame was closed.
• In April 2000 HM Remand Institution Longriggend was closed.
• At much the same time, HM Unit Shotts and the National Induction Centre were incorporated into HMP Shotts.
• HMP Dungavel is scheduled for closure on 3 July 2000.

Following the announcement of those changes and closures, a further review of the prison estate was instituted, which is likely to continue beyond the publication of this report. There is also growing speculation about the future of a number of other establishments. The accumulation of these events amounts to perhaps the most radical reshaping of Scottish prisons in living memory.

It has been fortuitous that over this uncertain period, the prison population has remained steady at around 6,000. There was spare capacity in the order of 200 places on 31 March 2000, though this narrow margin will be reduced by 135 when HMP Dungavel closes.

Even if the prison population remains low, it seems likely that pockets of overcrowding will continue for the foreseeable future. This is because integral sanitation still needs to be installed at a number of locations, including four of HMP Barlinnie's halls. This programme has been further delayed by the Estates Review, while the need for upgrading may become more urgent when the European Convention on Human Rights becomes law later this year.

Predicting the size of the future prison population has always been a complex and difficult task, but the continuing rise in the number of lifers and prisoners serving longer sentences would seem to indicate that there will be a requirement for more prisoner accommodation to be built in the not too distant future. On the other hand, a number of apparently less predictable factors - such as the loss of temporary sheriffs - may be reducing the number of those being imprisoned. Equally, it is difficult to predict how the incorporation of the European Convention on Human Rights and the newly established Drug Enforcement Agency will impact on the size of the prison population.

These factors seem to indicate that in the medium term, the fundamental issues for the SPS are the size of the prison population and matching the numbers with the available accommodation. If there is a significant increase, the question will be how a much reduced prison estate will cope, whilst new accommodation is planned and then built. In addition, a solution must soon be found to replace the wooden huts at HMP Low Moss, as these have no place in a modern criminal justice system.

The evidence of a causal link between drug use in the community and a range of criminal activity seems overwhelming. In places where drug testing on admission has taken place, over 70% of prisoners tested positive and this presents major challenges for SPS management and staff. It should be recognised, however, that imprisonment does have some effect in reducing the consumption of illegal substances, at least in the short term, as shown by the falling rate of positive MDT figures. The alarming number of deaths as a result of drugs overdose among former prisoners soon after release highlights the need for significantly improved throughcare and support in the community.

Despite a relatively low prison population, the number of deaths in custody (26) was one of the highest on record and included 17 apparent suicides (some of which are still subject to Fatal Accident Inquiries). Some of these may well be connected to the problems of poly drug and alcohol addiction in the community.

It has been encouraging to note a reduction in the number of serious assaults taking place in prisons. There is, however, no cause for complacency when an average of two prisoners each week require hospital treatment as a result of such violence. The number of serious assaults on prison staff is also less than last year, but is still too high.

On a more positive note, conditions for remand prisoners have continued to improve. Previously, remand prisoners had been an almost universally disadvantaged group but in the course of several inspections, we have encountered far more acceptable conditions for them, particularly at HMPs Edinburgh, Kilmarnock and Inverness. Although further changes are taking place at HMP & YOI Cornton Vale and at HMP Perth, much remains to be done elsewhere, especially at HMP Barlinnie where some 40% of Scotland's remand prisoners continue to be held in unacceptable conditions.

Amongst a number of other measures that have been announced by the SPS during the year are a pilot scheme to market test social work services at four prisons and market testing of primary health care. In addition, contracts have been awarded to Aberdeen, Motherwell and Lauder Colleges and Highland Council for education services.

This report is laid out as follows:

• Chapter 2 describes major building projects undertaken, planned capital investment and population statistics.
• Chapter 3 identifies major custody issues and the general assessment for each establishment inspected during 1999-00. Included also is a summary of items of best practice that were observed during inspections.
• Chapter 4 lists the recommendations that were made in 1999-00, together with the SPS responses.
• Chapter 5 provides a summary and conclusions.
• Chapter 6 describes the Prison Inspectorate's year, whilst annexes to the report include staff and management issues and a range of statistical information.

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