Prison system facing ‘considerable risks’ and shared cells border on “torture”

Dumbarton Sheriff Court in Church Street where prisoners are sentenced or remanded to jails where cells are far below standard.

By Bill Heaney

The scandalous shambles that is Scotland’s prison service has come to the surface in a report published today by the Auditor General.

Staffing levels in jails have dropped dramatically in some prisons and some shared cells are “‘well below the minimum standard of space” as prescribed by the Council of Europe Committee for the Prevention of Torture (CPT).

Criticisms have been raised by the prisons’ inspectorate about shared cells at HMP Barlinnie, where a large proportion of offenders from West Dunbartonshire are sent to serve the sentences imposed on them at Dumbarton Sheriff Court and the Justice of the Peace courts.

The Auditor’s Report states that the whole prison system “is facing considerable risks, including the poor performance of the company that transports prisoners to and from custody”.

This arises from privatisation and the fact that the Scottish Prison Service (SPS) contracted GEOAmey in 2018 to transfer prisoners in Scotland between prisons, courts, police custody units and healthcare facilities.

But in recent years GEOAmey has been unable to recruit the staff needed to deliver the contract. This has resulted in significant delays and inefficiencies across the justice system.

Inside Barlinnie; prison officers lecturing on illegal drugs; the High Court at Glasgow, and an artist’s impression of the scene inside a Scottish court, where prisoners are sentenced.

The report adds: “SPS manages the custody and escorting contract on behalf of its justice partners. It issued improvement notices to GEOAmey, and fined the company about £4 million, but these have had limited impact.

“SPS is now taking more direct action, including offering financial support to GEOAmey to aid staff recruitment. These actions are expected to take around six months to take effect.

“In the meantime, Scotland’s prison population is rising and becoming more complex. The average prison population was around 7,500 in 2022/23.

“It is forecast to increase to over 8,150 by March 2024. This will put more pressure on Scotland’s ageing prison estate, which needs significant investment to make it fit-for-purpose.

Stephen Boyle, Auditor General for Scotland, said:  “The issues facing Scotland’s justice sector are of significant concern and cannot be resolved by the Scottish Prison Service alone. 

“It is essential that there is close collaboration between the prison service, the Scottish Government and their justice partners to ensure prison services can be maintained in a safe and secure environment.”

The Auditor General’s report on the Scottish Prison Service’s audited accounts for 2022/23  allows him to bring to the Scottish Parliament’s and the public’s attention matters of public interest related to the financial statements of public bodies.

Between April 2022 and October 2023, staffing levels at GEOAmey decreased from around 660 to around 520 full-time equivalents, around 25 per cent less than the estimated 670 to 700 needed to deliver the required levels of service.

Between July and September 2023, only 62 per cent of prisoners due in court arrived back on time. Similarly, only 65 per cent of non-court escort services such as transfers to hospitals, police identification parades or special escorted leave, took place on time.

Greater proportions of prisoners are required to be accommodated separately in Scotland’s prisons due to a wide range of issues, including their legal status (remand or convicted), sex, age or offending history.

There are also problems attached to sex change matters such as the current high profile case of Isla Bryson and whether that prisoners should be accommodated in a men’s or women’s prison.

The Scottish Prison Service has said that the maximum total number of prisoners the current prison estate can accommodate is approximately 8,300. However, this includes the use of double cell occupancy.

In March 2023, an average of 2,368 prisoners (31.5 per cent) occupied double cells across the prison estate in Scotland.

Double cells are used across establishments, including at HMP Perth where HMIPS reported in their May 2023 full inspection report that some shared cells were ‘well below the minimum standard of space’ as prescribed by the Council of Europe Committee for the Prevention of Torture (CPT).

Similar criticisms have been raised by the inspectorate about shared cells at HMP Barlinnie, the replacement of which is expected to be significantly higher than the £387.6 million originally estimated in October 2019.

LibDem Liam McArthur and Justice Secretary Angela Constance.

Responding to the report Scottish Liberal Democrat justice spokesperson Liam McArthur MSP said: “The contract with GEOAmey has gone from bad to worse and it seems like months more of delays are now expected. Court time is being wasted and victims, defendants and court staff are being put through the mill.

“In my own Orkney constituency it has meant that trials have had to take place on the mainland. That’s not in anybody’s interests.  It’s time for the Justice Secretary [Angela Constance MSP] to take charge and tell GEOAmey to shape up or ship out.

“This is far from the only challenge facing Scottish prisons however. Prison numbers have soared and court backlogs are proving a stubborn problem. Those sitting at the cabinet table have a duty to ensure Scotland’s justice system is safe, effective and well resourced.”

Audit Scotland has prepared this report for the Auditor General for Scotland. All Audit Scotland reports published since 2000 are available at www.audit-scotland.gov.uk

Top of page pictures: Barlinnie Prison and Dumbarton Sheriff Court.

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