Tag: prisons

Emergency legislation to tackle rising prison population

Emergency legislation will be introduced to Parliament to contribute to the sustainable long-term management of Scotland’s prison population, Justice Secretary Angela Constance told MSPs.

The Bill, to be introduced in November, will propose a change to the release point for short-term prisoners serving sentences of less than four years. At present they are released at the halfway point of their sentence. Under these new proposals they will be released after serving 40% of their sentence, with prisoners serving sentences for domestic abuse or sexual offences excluded from the changes.

The Justice Secretary said the wellbeing of victims and the safety of communities will be a priority when implementing the measures, and the Scottish Government will engage directly with victims organisations.

The proposals, scheduled to come into effect from February next year, would apply to both those currently in prison and those sentenced in future. If backed by Parliament, it is estimated the changes could result in a sustained reduction to the prison population of between 260 and 390.

The proposals in the legislation would also give Ministers powers to change the point of release under licence conditions for long-term prisoners serving sentences of four years or more. This follows the recent public consultation on long-term prisoner release, which highlighted various areas requiring more in-depth consideration with partners.

While not currently proposed, contingency planning for the emergency early release of short-term prisoners is being undertaken, should it be needed to ensure the health and welfare of prison staff and prisoners during a continuing rise in the prison population.

In her Parliamentary statement, Ms Constance underlined the importance of public safety and putting in place a sustainable long-term strategy to tackle the rising prison population.

Speaking after delivering her statement, the Justice Secretary said: “I am prioritising actions that can deliver a sustained reduction to the prison population. Public safety remains paramount, which is why I am focusing on short-term prisoners only and with built-in exemptions.

“I recognise the concerns that may arise from victims and their families and I am committed to working closely with victim support organisations on key issues.

“The measures I have outlined are necessary to support prisons to continue to function effectively and I remain grateful to Scottish Prison Service staff for their continued resilience. We must ensure that we have a prison estate which houses those who pose a risk to the public and provides the full range of support needed for people to leave on a better path and never turn back.”

These prison management measures follow yesterday’s announcement that victims of crime will receive improved support, advice and information under reforms to the Victim Notification Scheme that entitles victims or close relatives of homicide victims to certain information about the person responsible for the crime.

Justice Secretary’s statement to parliament

Prison population information note

Latest prison population figure – 8,322 as of Thursday 10 October

Landmark study finds Covid-19 measures leading to severe mental health crisis in prisons

A new report ‘Coping with Covid in Prisons’ launched today (21 July) has found Covid-response measures led to periods of prolonged solitary confinement across the prison population, resulting in dramatically increased levels of anxiety and depression.

The study, funded by the Economic and Social Research Council, was a partnership between the ex-offender led charity User Voice and social scientists at Queen’s University Belfast.

One of the most comprehensive studies of life in prison during the pandemic, and completed internationally, the project drew on an innovative peer-led methodology, developed by User Voice.

Nearly 100 serving prisoners were trained in research methods to survey their peers. Over the 18-month project, these volunteers completed over 1,400 surveys with fellow prisoners across 11 prisons.

The peer-led study found that prolonged isolation and the simultaneous reduction in support services resulted in widespread deterioration of mental health and the erosion of the rehabilitative function of imprisonment.

Key findings:

· 85% of prisoners surveyed were confined to cells for 23 hours for the majority of the lockdown period.

· 59% of prisoners surveyed had not had a single visit with family during the Covid lockdown.

· Standard screening tools suggest depression and anxiety scores are almost five times higher than the standard for the general population.

· More than one out of three prisoners were scoring at the level of “severe anxiety disorder” indicating high levels of post-traumatic stress.

· Two thirds of survey respondents said that access to mental health support had worsened, instead of improving, during the lockdown.

· One out of five respondents thought that violence had reduced in the prisons because of the lockdown.

User Voice’s Founder and CEO Mark Johnson MBE said: “When almost no one was able to get into prisons, we were able to conduct one of the largest studies of prisoner experiences.

“This research has been led by prisoners, using our innovative approach developed over the past 15 years and now validated by academics.

“The report reveals one of the darkest and most hidden results of the pandemic, the true effects of extreme lockdown and confinement on prisoners and ultimately, on the public. It shows that we need to talk about criminal justice. Are prisons just for punishment or are they failing prisoners and the public if they don’t offer the support which leads to rehabilitation?”

Professor Shadd Maruna, Professor of Criminology at Queen’s University Belfast, explains: “Prisons were in crisis before the pandemic, and remarkably some voices have claimed that life in prison has actually improved because of the Covid lockdown.

“Our research definitively demonstrates that the social climate in prison has become dramatically worse after the lockdown, and a great deal of work is going to be needed to restore a sense of trust and legitimacy among the incarcerated.

“Peer-led models, like the kind that drove this research project, have the potential to do just that if implemented correctly.”

User-Voice-QUB-Coping-with-CovidDownload

Early release to protect NHS from coronavirus risk in prisons

Risk-assessed prisoners who are within two months of their release date will be released from jail, as part of the national plan to protect the NHS and save lives.

  • Plan to protect the NHS from further pressure
  • Measures will also benefit brave prison staff
  • Selected low-risk offenders, within weeks of their release dates, will be electronically tagged and temporarily released on licence in stages
  • Offenders can be recalled at the first sign of concern
  • Violent and sexual offenders and those of security concern will not be considered

This action being taken is necessary to avoid thousands of prisoners becoming infected, overwhelming local NHS services. This is due to the close proximity between prisoners, who often share cells.

Prisoners who pass the stringent criteria for release will be subject to strict conditions, and will be electronically monitored, including with GPS tags, to enforce the requirement to stay at home.

They can be immediately recalled to prison for breaching these conditions or committing further offences. The releases will be phased over time but can start from next week.

Public protection is paramount. No high-risk offenders, including those convicted of violent or sexual offences, anyone of national security concern or a danger to children, will be considered for release, nor any prisoners who have not served at least half their custodial term. Additionally, no offender convicted of COVID-19 related offences, including coughing at emergency workers or stealing personal protective equipment, will be eligible.

No prisoner would be released if they have symptoms of coronavirus or without housing and health support being in place.

In addition, the Ministry of Justice is working to identify publicly owned sites that could be used to house temporary prison accommodation to ease pressure on the permanent estate, further separate prisoners and reduce the spread of the virus.

Lord Chancellor and Justice Secretary Robert Buckland QC MP said: “This Government is committed to ensuring that justice is served to those who break the law – but this is an unprecedented situation because if Coronavirus takes hold in our prisons, the NHS could be overwhelmed and more lives put at risk.

“All prisoners will face a tough risk assessment and must comply with strict conditions, including an electronic tag, while they are closely monitored. Those that do not will be recalled to prison.”

Some 88 prisoners and 15 staff have so far tested positive for COVID-19. 

Prison staff have continued to ensure the effective running of our jails despite around 26% being absent or self-isolating.

To further protect them and reduce pressure on prisons, the Ministry of Justice is already:

  • Shielding vulnerable prisoners through social distancing measures
  • Re-deploying staff, where appropriate, from headquarters into operational roles
  • Working with the judiciary to expedite sentencing hearings for those on remand to reduce the numbers being held in custody.

Prisons are moving towards single-cell accommodation as much as possible across the estate – to limit the spread of infection and the number of deaths. This follows public health advice that prisons present a unique environment where rapid outbreaks of the virus could place a significant strain on local NHS services.

Strong, further action now will strike the right balance between protecting the public and managing the risk of an escalating situation in prisons.

Steps are being taken to expand the use of electronic monitoring to facilitate the safe release of more low-risk prisoners who were due to leave jail in the next two months regardless.

This means those nearing the end of their sentences will be released in stages on temporary licence – allowing prisons to continue to safely manage vulnerable but higher-risk offenders within the estate.

Statutory Instruments to allow these releases to take place will be laid on Monday and the move aligns us with countries such as France, the United States, Australia, Germany, and Canada who have also sanctioned the early release of prisoners.

France has announced the release of some 5,000 prisoners, while in the US state of California alone, 3,500 are being granted early release.

The Prison Service has already taken decisive action to ensure prisons are complying with social distancing rules and provided alternative means for prisoners to keep in touch with their families after cancelling family visits.

Additionally, the Justice Secretary Robert Buckland granted temporary release of pregnant women in custody, while movements between jails have been limited in all but exceptional cases.

All actions have been informed by the advice of experts from Public Health England and will be kept under constant review.

Scotland’s prisons creaking at the seams

Developing a contingency plan for HMP Barlinnie in the event that it fails must be of the highest priority for the Scottish Prison Service, says Holyrood’s Public Audit Committee.

Given the condition of Scotland’s prisons in general, the Scottish Government and the Scottish Prison Service (SPS) must also develop robust contingency plans in case any other part of the prison estate becomes uninhabitable.

All contingency plans should reflect the immediate capacity issues faced by the SPS and the fact that there is no evidence to suggest that prisoner numbers will decrease in the short term.

In a report published today, the committee says ten years of capital underspend to stay within budget should have raised serious concerns at an early stage given the deteriorating state of prisons. The impact of the delay in the capital programme cannot be overestimated.

Urgent action by the Scottish Government and SPS is needed to address under-lying pressures on the prison service, with solutions required from across the justice system.

The report says this situation is now undermining the Scottish Government’s policy objectives of rehabilitating prisoners and reducing re-offending.

Jenny Marra MSP, Convener of the Public Audit Committee, said: “Audit Scotland says HMP Barlinnie presents the “biggest risk of failure in the prison system” but warns there is no clear contingency plan for accommodating the 1,460 prisoners it currently holds should it fail.

“Developing a contingency plan for Barlinnie in the event that it fails must be of the highest priority. Given the state of prisons generally, the Scottish Government and the SPS must develop robust contingency plans should any other part of the prison estate become uninhabitable.

On underlying pressure on the prison service, Ms Marra added: “It is clear to the Committee that there are significant and wide-ranging challenges both the SPS and Scottish Government must overcome. The SPS is currently accommodating around 500 prisoners above capacity and there is no evidence to suggest that prisoner numbers will decrease in the short term.

“At the same time, the SPS’s revenue budget is down by 12.5 per cent in real terms; the capital programmes for HMPs Barlinnie, Inverness and Greenock are behind schedule and prisoner violence is on the increase. At its core, this situation is undermining the Scottish Government’s policy objectives of rehabilitating prisoners and reducing re-offending.”

The report finds that either the numbers entering prisons needs to be reduced or additional capacity provided to ensure that prisons are a safe and adequate environment for those who live and work in them.

As such, the service should be funded for the population it currently holds and for the expected increase rather than it being assumed that prisoner numbers will fall. Suggestions of doubling up prisoners in individual cells are a backwards step, says the committee.

The report states that action needs to be taken now by both the SPS and the Scottish Government to address these significant pressures. Such action must be based on a whole-system approach, requiring solutions from across the justice system.

On HMP Barlinnie, the report says: ‘Given the history of the prison service capital programme to date, it would seem that further delays in the completion of HMP Barlinnie are likely. It is crucial that the SPS and the Scottish Government anticipate and plan for such delays and put in place robust contingency plans.

‘The Scottish Government and the SPS must take all steps to ensure that the proposed timetable for the completion of a replacement for HMP Barlinnie is adhered to because if HMP Barlinnie fails, the whole prison system is at risk’.

Read the Committee’s report here.