His Majesty's Chief Inspector Of Prisons For 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 The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in ...
. As of July 2018, His Majesty's Chief Inspector of Prisons for Scotland is Wendy Sinclair-Gieben.


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, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where Prisoner, people are Imprisonment, imprisoned under the authority of the State (polity), state ...
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 ...
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 Law of the United Kingdom#Legal jurisdictions, 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. Th ...
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 inspe ...
.


Remit and jurisdiction

His Majesty's Chief Inspector of Prisons for Scotland was placed on a statutory basis by an Act of Parliament, the Prisons (Scotland) Act 1989; its functions and responsibilities are laid down accordingly. The Chief Inspector submits an annual report to the
Scottish Parliament The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. ...
. Reports on individual prison visits are made to the
Scottish Government The Scottish Government (, ) is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in ...
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 examined include actual physical conditions, the quality of prisoner regimes, the 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 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. The Inspectorate's office is located in
Edinburgh Edinburgh is the capital city of Scotland and one of its 32 Council areas of Scotland, council areas. The city is located in southeast Scotland and is bounded to the north by the Firth of Forth and to the south by the Pentland Hills. Edinburgh ...
. 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 ...
, he is assisted by two senior managers seconded from the Service. They offer professional advice and guidance 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, 2002–2009 *
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Hugh Munro, 2009–2013 * David Strang, 2013–2018


See also

*
Scots law Scots law () is the List of country legal systems, legal system of Scotland. It is a hybrid or mixed legal system containing Civil law (legal system), civil law and common law elements, that traces its roots to a number of different histori ...
* Scottish Court Service * State Hospitals Board for Scotland *Criminal Justice Inspection Northern Ireland *
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 inspe ...


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 Government-related organisations based in Edinburgh 1981 in law