Scotland’s jails are breaking the UN’s so-called Nelson Mandela rules on prisoner rights, a watchdog has said.
Sara Snell, His Majesty’s Chief Inspector of Prisons for Scotland, appeared before the Criminal Justice Committee at Holyrood on Wednesday for what was its first meeting since the election and its last before the summer recess.
In recent years, the prison estate has struggled with overcrowding issues, leading to concerns about the welfare of inmates as well as the ability to deliver programmes which would reduce reoffending.
I'm afraid you aren't at risk, you are (breaching the rules)
Ms Snell was asked by SNP MSP David Linden if Scotland is at risk of breaching the “Nelson Mandela rules” – a set of basic standards which include access to medical care, a ban on cruel punishment, a need for independent oversight, and limits on solitary confinement.
As the most recent prison population figure sat at 8,515, despite an operating capacity of 8,007, Ms Snell replied: “I’m afraid you aren’t at risk, you are (breaching the rules).
“In that report we find, and we’re still finding, for example, convicted prisoners who are sharing cells with remand prisoners, when there’s an absolute requirement to keep people separate.
“There are times where people are having to make choices that they shouldn’t be having to make, like time in the fresh air, getting their medication, finishing their meal – all of those are happening in a very tightly pressured time arena.
“One of the things we would point to always is just people sharing cell space that was designed barely for one and now there’s two men.”
The biggest issue facing the prison estate, the inspector said, is the level of overcrowding, with jails sometimes feeling like “one big segregation unit”.
Justice Secretary Neil Gray said: “We know that prison numbers are critically high, which is why we are continuing to take action on both reducing the prison population and increasing capacity.
“Further action is needed based on the recommendations of the independent Sentencing and Penal Policy Commission so we can ensure justice is served and that we achieve a sustainable prison population.”
A spokeswoman for the Scottish Prison Service said: “As we have made clear, the size and complexity of our population is unsustainable and now presents a significant risk to the safety of those living and working in our establishments.
“Action taken so far, such as emergency early release and changing the automatic release point for some short-term prisoners, have provided some welcome relief at a time it is urgently needed but they cannot address the scale of the challenge we face.
“We need to see a long-term reduction in our population, so we can fully support people in our care, reduce their risk of reoffending, and help build the safer communities we all want to see.”