HM Chief Inspector Of Prisons In Scotland
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HM Inspectorate of Prisons for Scotland was established in 1981, following recommendations of the May Committee report of 1979. The Inspectorate is directly funded by the Scottish Government. As of July 2018, His Majesty's Chief Inspector of Prisons for Scotland is
Wendy Sinclair-Gieben Wendy Sinclair-Gieben is a public servant and former teacher who has served as His Majesty's Inspectorate of Prisons for Scotland, His Majesty's Chief Inspector of Prisons for Scotland since July 2018. She is the eighth person and first woman to h ...
.


Origins

His Majesty's Chief Inspector of Prisons for Scotland was created following a Committee of Inquiry into the
prison A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
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 The Scottish Prison Service (SPS) is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible fo ...
being separate from its counterpart in England and Wales two inspectorates were created with prisons in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
inspected by
His Majesty's Chief Inspector of Prisons His 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. The current chief insp ...
.


Remit and jurisdiction

His Majesty's Chief Inspector of Prisons for Scotland was placed on a statutory basis by an
Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
, the
Prisons (Scotland) Act 1989 A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
; its functions and responsibilities are laid down accordingly. The Chief Inspector submits an annual report to the
Scottish Parliament The Scottish Parliament ( gd, Pàrlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
. Reports on individual prison visits are made to the Scottish Government and are subsequently published. The Scottish Ministers may also refer specific prison-related matters to the Chief Inspector for him to report on. 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 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) and the conditions of prisoner escort arrangements. 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
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under section 7 of the
Prisons (Scotland) Act 1989 A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correc ...
. The Inspectorate's office is located in
Edinburgh Edinburgh ( ; gd, Dùn Èideann ) is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. Historically part of the county of Midlothian (interchangeably Edinburghshire before 1921), it is located in Lothian ...
. Although the Chief Inspector is entirely independent of the
Scottish Prison Service The Scottish Prison Service (SPS) is an executive agency of the Scottish Government tasked with managing prisons and Young Offender Institutions. The Chief Executive of the Scottish Prison Service, currently Teresa Medhurst, is responsible fo ...
, 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 HM Chief Inspectors

*Philip Barry, 1981–1985 *Thomas Buyers, 1985–1989 *Alan Bishop, 1989–1994 *Clive Fairweather, 1994–2002 *
Andrew McLellan Andrew Rankin Cowie McLellan is a minister in the Church of Scotland. He was Her Majesty's Chief Inspector of Prisons for Scotland from 2002 to 2009. He was educated at Kilmarnock Academy, Madras College (St Andrews), the University of St Andrew ...
CBE The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...
, 2002–2009 *
Brigadier Brigadier is a military rank, the seniority of which depends on the country. In some countries, it is a senior rank above colonel, equivalent to a brigadier general or commodore, typically commanding a brigade of several thousand soldiers. In ...
(Ret.) Hugh Munro, 2009–2013 * David Strang
CBE The Most Excellent Order of the British Empire is a British order of chivalry, rewarding contributions to the arts and sciences, work with charitable and welfare organisations, and public service outside the civil service. It was established o ...
QPM, 2013-2018


See also

*
Scots law Scots law () is the legal system of Scotland. It is a hybrid or mixed legal system containing civil law and common law elements, that traces its roots to a number of different historical sources. Together with English law and Northern Ireland l ...
*
Scottish Court Service , type = , seal = , logo = 250px , logo_caption = , formed = , jurisdiction = Scotland , headquarters = Saughton House, Broomhouse Drive, Edinburgh EH11 3XD , employees = 1,374 , budget = £129.3 million (2015-2016) , chief1_name = Lord ...
*
State Hospitals Board for Scotland State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...


References


External links

*
BBC News report on the appointment of Andrew McLellan, 2002
{{CriminalJusticeScotland Penal system in Scotland Public bodies of the Scottish Government 1981 establishments in Scotland Government agencies established in 1981 Organisations based in Edinburgh 1981 in law