Prison overcrowding worse again, Chief Inspector warns
Overcrowding in Scotland’s prisons is getting worse, and is affecting every part of the criminal justice system – in particular the risk to the community.
The message has been underlined by Scotland's Chief Inspector of Prisons, Wendy Sinclair-Gieben, in her annual report for 2022-23, published today.
"Put simply, we send far too many people to prison for the limited accommodation and resourcing available to achieve rehabilitative change", she states.
In February 2019, the overall number of people in custody breached 8,000 for the first time since 2013. Estimates are that for the next 12 months the prison population, having reduced during Covid-19, will again exceed 8,000 and is likely to continue to rise.
"The reason I and my predecessors have focused strongly on overcrowding is that it affects every part of the criminal justice system, in particular the risk to the community", Ms Sinclair-Gieben commented. "If individuals do not have their risks and needs addressed in prison, the rate of recidivism will remain high, and at significant cost to the public purse."
She observed: "This is my fifth annual report, and having now inspected all 15 prisons in Scotland, I have been reflecting that while some progress has undeniably taken place, several of my recommendations have also been made repeatedly."
Further, while Scotland does not lack a positive vision, "where clarity is lacking is the strategy for tackling numbers beyond capacity whilst also recognising the pressures of changing sub populations. The development of a clear forward-looking policy approach to population management across the justice estate is essential to move Scotland forward and ultimately reduce the risk to the community".
Among the positives are the women’s community custody units, which opened their doors during the year, and the new women’s prison in Stirling which opened in June 2023. "Scandinavian prisons are often cited as the model for best practice, but when these new facilities have fully bedded in, Scotland has the potential to lead the way in managing women in custody", the Chief Inspector states.
"Five years from now, it would be a delight to see the learning and improvements from the children and the female estate applied to the male estate. A root and branch review of practice is required to address the systemic recommendations we consistently repeat. Justice partners have shown us this is possible in a short time on select issues; we must now see this collaborative whole system focus applied across the field."
The difficulties experienced with GEOAmey, which have caused problems across the court system, have also impacted heavily on prisons and prisoners, with cancelled hospital appointments, inter-prison transfers, and late arrivals into prisons.
Ms Sinclair-Gieben says she remains hopeful that many of the issues raised can be addressed and resolved. "Scotland has demonstrated the ability to achieve significant justice reforms in the past. We now need to see the same commitment and focus to drive further reform with innovative thinking that can deliver a justice system Scotland deserves but still within an appropriate funding envelope. However, while recognising the difficult fiscal challenges facing the Scottish Government, it would be a travesty to see any delay in the arrival of the much needed HMP Glasgow and HMP Highland."
Government measures
In a letter to Holyrood's Criminal Justice Committee, Justice Secretary Angela Constance states that the recent increase in the number of people arriving on remand, along with a longer term trend of more people being convicted of serious crimes, are some of the reasons the prison population has increased to levels not predicted.
Pointing to measures including extending the presumption against short sentences from three to 12 months in 2019, introducing electronic monitoring on bail (with around 400 people now supervised), and the new remand provisions in the Bail and Release from Custody (Scotland) Act 2023, she states: "The Scottish Government is not changing its position on the use of prisons. They are necessary and the removal of someone’s liberty must always be available for our independent courts. Equally, we know that short periods of imprisonment, including for remand, can also have a hugely negative impact on individuals – disrupting families, their health, employment opportunities and housing which can then lead to reoffending.
"We are now working with justice partners to take forward a series of measures including making the best use of the current prison estate and sourcing additional prisoner places to ensure the safety and wellbeing of people living and working in prisons and those around them."