Her Majesty's Chief Inspector of Prisons for Scotland
Encyclopedia
Her Majesty's Chief Inspector of Prisons for Scotland is currently Brigadier Hugh Munro .
The Inspectorate is directly funded by the Scottish Government.
system in the United Kingdom, whose report was published in 1979. One of the recommendations of its report was the creation of a new type of Prisons' Inspectorate, independent of the Prison Service. Previously inspections had been carried out by a Prison Governor. With the Scottish Prison Service
being separate from its counterpart in England and Wales
two inspectorates were created with prisons in England and Wales
inspected by Her Majesty's Chief Inspector of Prisons
.
; its functions and responsibilities are laid down accordingly. The Chief Inspector submits an annual report to the Scottish Parliament
. Reports on individual prison visits are made to the Scottish Government and are subsequently published.
The Inspectorate carries out a regular inspection of Scotland's prisons (including the privately-run prisons). Each of Scotland's 16 prisons is normally subject to a full inspection every three years. Annual shorter, follow-up visits - which may be unannounced - are also be made. Issues examinined include actual physical conditions, the quality of prisoner regimes, morale of staff and prisoners, facilities and amenities available to staff and prisoners, safety issues, and decency and contribution to reducing re-offending. The Inspectorate also inspects Legalised Police Cells (mainly used in rural parts of northern Scotland).
The Inspectorate can only make recommendations; it has no executive power to enforce these recommendations. The inspection system is identical for both the state-run and privately-managed prisons.
under the terms of the Prisons (Scotland) Act 1989, Section 7. The Inspectorate's office is located in Edinburgh
.
Although the Chief Inspector is entirely independent of the Scottish Prison Service, he is assisted by two senior managers seconded from the Service. They offer professional advice and guidance in during the conduct of inspections. The Inspectorate team also includes a Scottish Government civil servant and a Personal Secretary. The Inspectorate works with other statutory Inspectorates responsible for issues such as health, education and additions.
The Inspectorate is directly funded by the Scottish Government.
Origins
Her Majesty's Chief Inspector of Prisons for Scotland was created following a Committee of Inquiry into the prisonPrison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
system in the United Kingdom, whose report was published in 1979. One of the recommendations of its report was the creation of a new type of Prisons' Inspectorate, independent of the Prison Service. Previously inspections had been carried out by a Prison Governor. With the Scottish Prison Service
Scottish Prison Service
The Scottish Prison Service is an executive agency of the Scottish Government tasked with managing prisons in Scotland...
being separate from its counterpart in England and Wales
Her Majesty's Prison Service
Her Majesty's Prison Service is a part of the National Offender Management Service of the Government of the United Kingdom tasked with managing most of the prisons within England and Wales...
two inspectorates were created with prisons in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
inspected by Her Majesty's Chief Inspector of Prisons
Her Majesty's Chief Inspector of Prisons
Her Majesty's Chief Inspector of Prisons is the head of HM Inspectorate of Prisons and the senior inspector of prisons, young offender institutions and immigration service detention and removal centres in England and Wales...
.
Functions and responsibilities
The Inspectorate was created by Act of ParliamentAct of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
; its functions and responsibilities are laid down accordingly. The Chief Inspector submits an annual report to the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. Reports on individual prison visits are made to the Scottish Government and are subsequently published.
The Inspectorate carries out a regular inspection of Scotland's prisons (including the privately-run prisons). Each of Scotland's 16 prisons is normally subject to a full inspection every three years. Annual shorter, follow-up visits - which may be unannounced - are also be made. Issues examinined include actual physical conditions, the quality of prisoner regimes, morale of staff and prisoners, facilities and amenities available to staff and prisoners, safety issues, and decency and contribution to reducing re-offending. The Inspectorate also inspects Legalised Police Cells (mainly used in rural parts of northern Scotland).
The Inspectorate can only make recommendations; it has no executive power to enforce these recommendations. The inspection system is identical for both the state-run and privately-managed prisons.
Personnel
The post of HM Chief Inspector of Prisons for Scotland is full-time. It has always been a lay appointment (an individual with no previous connection with the prison service). The Chief Inspector is appointed by the CrownThe Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
under the terms of the Prisons (Scotland) Act 1989, Section 7. The Inspectorate's office is located in Edinburgh
Edinburgh
Edinburgh is the capital city of Scotland, the second largest city in Scotland, and the eighth most populous in the United Kingdom. The City of Edinburgh Council governs one of Scotland's 32 local government council areas. The council area includes urban Edinburgh and a rural area...
.
Although the Chief Inspector is entirely independent of the Scottish Prison Service, he is assisted by two senior managers seconded from the Service. They offer professional advice and guidance in during the conduct of inspections. The Inspectorate team also includes a Scottish Government civil servant and a Personal Secretary. The Inspectorate works with other statutory Inspectorates responsible for issues such as health, education and additions.
Previous holders of the office
To be added- Clive Fairweather 1994-2002
- Andrew McLellanAndrew McLellanAndrew Rankin Cowie McLellan CBE is a minister in the Church of Scotland. He was Her Majesty's Chief Inspector of Prisons for Scotland from 2002 to 2009....
2002-2008
See also
- HM Inspector of Prisons website
- Scots lawScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
- Scottish Court ServiceScottish Court ServiceThe Scottish Court Service is the body which is responsible for the administration of the Court system in Scotland. The Service employs over 1000 staff members in Scotland's 49 Sheriff Courts, the Court of Session and the High Court of Justiciary, Justice of the Peace Courts and at the Service's HQ...
- State Hospitals Board for Scotland