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Dec/18 - Change to prison policy
SNP take on being tough on crime and tough on the causes of crime
Mar/28 - Extension to tagging
Tagging to be extended to long term prisoners
Mar/27 - Open prisons to get new governors
Open prisons to be subject to new governors - a much needed move
Feb/11 - Open prisons subject to even more criticism
The number of prisoners fleeing the troubled open estate in Tayside and remaining at large was branded “incomprehensible” by a senior politician last night.
The Scottish Government found itself the subject of renewed criticism over the management of Castle Huntly in the Carse of Gowrie and Noranside in Angus, and the assessment of prisoners being transferred to open conditions.
Tories highlighted the offending pasts of escapees, describing some of the six currently unaccounted for as “dangerous criminals.”
First Minister Alex Salmond acknowledged that absconding levels were still too high—although he predicted a drop in 2007/08 compared with the previous year.
In a letter to the Scottish Conservative leader Annabel Goldie, Mr Salmond gave details of the inquiries being carried out following the case of Robert Foye, who raped a schoolgirl while on the run from Castle Huntly.
“The Scottish Prison Service always carries out a review of every prisoner who absconds when they are returned to custody, to identify any lessons that can be learned,” he said.
“I have asked them to review this case again urgently, in light of the guilty plea by Robert Foye at Glasgow Sheriff Court.
“The SPS will also undertake a wider review of policy on admission to the open estate and management of prisoners there, taking into consideration security arrangements at Castle Huntly and the assessment of prisoners who are transferred there.”
The SPS has been asked to make the outcome of its review public at the earliest opportunity.
It’s understood that should happen before the end of the month.
According to latest figures obtained by the Tories there have been 60 absconds so far in 2007/08. The final total is expected to be down on the record 79 cases during the previous year.
Mr Salmond said, “Absconds as a percentage of the average daily population have remained fairly static over the past few years, at a time when numbers progressing through the open prisons have substantially increased.
“This year the number of absconds is set to decline but is still at too high a level. The number of prisoners who continue to be at large having absconded from the open estate is six.”
They include offenders serving time for attempted murder, causing death by dangerous driving and contravening the misuse of drugs act. One absconder hasn’t been seen for just over three years.
Ms Goldie said, “The public will quite rightly find it incomprehensible why so many prisoners are able to escape from our jails and stay at large.
“In particular our open prisons have sadly gained the reputation of living up to their name—open.
“The cases which we have revealed include one man who went on the run three years ago and phoned a Scottish newspaper to boast about his escape.
“Another, in for 10 years for drugs crime, has been absent for over a year.
“And in the last 12 months alone four are still at large who were originally jailed for crimes such as attempted murder and causing death by dangerous driving.
“By definition these are dangerous criminals. Once again, we urgently need a full probe into not just the lax regime at Castle Huntly and whether it is fit for purpose but whether those being sent there are fit to be there.
“In the few months which the minority SNP government has been in power they have made it abundantly clear that emptying our prisons has a higher priority than protecting the public.”
Feb/11 - Scots lawyers being bugged too
SCOTTISH lawyers are routinely being bugged by the authorities, an advocate claims.
And Paul McBride QC warned convicted criminals could be freed if evidence of eavesdropping was brought before the courts.
Justice Secretary Jack Straw has launched an inquiry into claims a Labour MP's meetings with a terror suspect were bugged at Woodhill Prison, Milton Keynes.
But McBride believes solicitors in Scotland are subjected to the same covert monitoring, even though it is illegal.
He added: "If it could be proved that the police came into the possession of confidential information given to a solicitor and used it to effect the way they proceeded with a case, it could lead to the case being thrown out."
McBrides aid his concerns were shared by colleagues who, when quizzing clients in highprofile cases, "proceed on the basis that they are being listened to".
He added: "If a criminal is under suspicion and police listen in on their calls, what do they do when they speak to their solicitor?
"Of course they don't stop listening.
"But they should stop because the conversation is confidential."
Straw yesterday faced renewed pressure for a probe in to claims lawyers' legally protected conversations with clients in jail are often bugged.
Liberal Democrat spokesman Chris Huhne has called on Straw to make clear how widespread the eavesdropping was and the extent of ministers' knowledge.
Labour MP Sadiq Khan's case sparked controversy amid suggestions it breached a ban on bugging MPs.
Now the Tories and Lib Dems are demanding a fresh probe into claims by an unnamed whistleblower that it was part of a wider practice.
The individual said "hundreds" of meetings with lawyers had been bugged at Woodhill.
Murderers and other category-A prisoners were said to have been targeted.
The Justice Ministry said covert listening was "a matter for the police and is undertaken in line with the Regulation of Investigatory Powers Act 2000".
Feb/08 - 'Drugs money' conviction overturned on appeal
A man jailed for five years after traces of heroin were found on Ł81,000 of money in his home has had his conviction quashed. Murdo Smith was a 50-year-old offshore worker when jailed in 2004 for being concerned in drug supply after the money was found in Aberdeen. Mr Smith said he had saved the money and denied it was linked to drugs. Lady Paton, at the Appeal Court, said the conviction was being quashed on the grounds of insufficient evidence. Mr Smith had no previous convictions. Case 'circumstantial' Money totalling Ł81,300 was found in 2002 in a safe, a briefcase, and a carrier bag in North Anderson Drive, the court was told. When the money was subjected to scientific examination, bank notes were shown to be heavily contaminated with heroin. No other illegal drugs, traces of drugs, or paraphernalia normally associated with drug dealing were found. The Crown's position was that the case was a circumstantial one. A submission at trial that there was no case to answer was rejected and he was convicted by majority verdict by a High Court jury. The appeal judges ruled the defence submission should have been sustained, and that the accused be acquitted. |
SCOTTISH PRISON delegates will examine the problems facing the penal system and the future role of prisons, including the troubled open estate, at a conference in Edinburgh today.
Experts in community justice and non-custodial sentencing will explore the impact of crime on society and how trends towards criminalisation are affecting communities.
Delegates will also look at the impact for courts, prisons and community justice services of bringing an end to the system of automatic early release.
Justice secretary Kenny MacAskill has announced a review of Scotland’s prisons and has set up a commission of experts to investigate the purpose and impact of imprisonment.
Service chiefs have vowed to make public the findings of an internal review into the regime at troubled Castle Huntly open prison near Dundee by the end of the month.
The newly appointed Chair of the Prisons Commission, Henry McLeish, will make the keynote speech at the conference, which will explore the future role of prisons in Scotland.
“This conference on penal reform provides a welcome opportunity to debate what is undoubtedly one of the most serious challenges facing modern Scotland,” said Mr McLeish.
“We have been given an important and challenging remit and our members are being asked to provide some fresh thinking in response to a long-standing problem and will report back with our recommendations in June.
“The commission’s first priority is to look at the impact for courts, prisons and community justice services of bringing an end to the current arbitrary system of automatic early release.
“The Custodial Sentences and Weapons Act was backed by parliament but will have major implications for the criminal justice system.
“However, recently published prison population projections from the Scottish Prison Service paint an alarming picture and the future of prisons, punishment and rehabilitation needs to be urgently addressed.
“The justice secretary has set my commission a tight timescale in which to deliver a series of recommendations, but we are determined to deliver and look forward to making a worthwhile contribution.
“We are also keen to hear from members of the public and challenge perceptions on crime and punishment.
“Sentencing in individual cases is absolutely a matter for the courts, but we have to acknowledge the fact that around two thirds of people released from prison in Scotland are reconvicted within two years.
“That would appear to suggest that the time has come for a rethink.
“As well as the wide range of expertise on the commission, we want to consult and hear from all sections of society who have something productive to offer as we look to provide answers to a number of crucial issues.
“Like many others in the field, I don’t accept that Scottish people are different from others, yet we lock up twice as many offenders as Ireland and Norway.
“I know the current administration is looking closely at problems associated with drink, drugs and deprivation—after all half of Scotland’s prison population comes from just 15% of our poorest council wards.
“But we also need to face up to some tougher questions; who are we sending to prison and why? Is prison really the most effective option when dealing with minor offenders? How do we better address levels of reoffending? How can we further improve the effectiveness of community penalties? And what are the cost implications for the penal system if current overcrowding trends continue?”
Experts at the conference include Professor Andrew Coyle, Professor of Prison Studies at King’s College London; Kristin Bolgen Bronebakk, director general of the Norwegian prison service and Professor Tapio Lappi-Seppala, director of the Finnish National Research Institute of Legal Policy.
Latest figures, obtained under Freedom of Information, show absconding from Castle Huntly has almost doubled in two years.
The figures are even higher than those presented to parliament last month as the First Minister pledged to address “deficiencies” in the system following the latest high-profile escape.
Prison governor Ian Whitehead confirmed 71 inmates absconded from the enlarged Castle Huntly in 2007, against 36 in 2005.
At the end of last month five were still missing, including two who have been on the run for over a year.
Scottish Prison Service policy states that the public should not be told the men’s names as it would violate their right to privacy.
Feb/07 - Dangers of the "girl next door"
A CASTLE HUNTLY inmate failed to return to the open prison after becoming “smitten with the girl next door,” Perth Sheriff Court heard yesterday.
William McCartney Reid, now c/o HMP Barlinnie, was sentenced to an additional eight months’ imprisonment after spending 12 days at liberty.
The 36-year-old, jailed for a serious assault in 2004, had been sent to Castle Huntly last July.
On his arrival the accused was started on a four-week cycle that saw him spend one week in every four at liberty.
He had enjoyed seven periods of release, returning on time on each occasion, before he was convinced by a new partner to ignore his date of return.
Depute fiscal Vicki Bell said the accused had come to the end of his latest period of release in January.
He was expected at Buchanan Street bus station in Glasgow but did not appear, contacting the open prison later that day to say he had missed his bus.
Reid was told to return to Castle Huntly but did not. He was apprehended days later when arrested on an unrelated matter.
Solicitor Jamie Baxter told the court his client had taken a foolish decision arising from a relationship with a young lady, a neighbour, which began during one of his home visits, in November 2007.
Coming to the end of his January release Mr Baxter said the woman had asked Reid to stay and “foolishly agreed”.
“He was smitten,” the solicitor said.
“This relationship with the lady was his first with a member of the opposite sex in some five years.”
Yesterday Reid pled guilty to absconding from the open prison on January 16.
He had been sentenced to serve seven years and six months’ imprisonment by the High Court in Edinburgh on May 21, 2004 in relation to a charge of assault to severe injury, permanent disfigurement and danger to life.
In 1989 Reid was sentenced to 21 days’ imprisonment at Dundee Sheriff Court in relation to a charge of prison- breaking.
Feb/04 - Tories want to increase drug tests
THE SCOTTISH Conservatives last night demanded the re-introduction of mandatory drug testing for prisoners in Scottish jails.
Community safety minister Fergus Ewing recently held a meeting with the Scottish Tories at which the issue of mandatory drug testing in prisons was discussed.
Approximately 40,000 tests are carried out each year by the Scottish Prison Service at a cost of Ł723,400.
To test all admissions into prison would cost an additional Ł2.3 million.
Scottish Tory leader Annabel Goldie is also calling on the Scottish Government to make open prisons drug-free by bringing in routine testing, with those who fail automatically returned to a closed jail.
There was a public outcry when a prisoner who escaped from Castle Huntly open prison near Dundee claimed he had absconded to avoid drug dealers.
“To me it is not unreasonable that those in an open prison should be drug free,” said Ms Goldie.
“If they are caught taking drugs, they should be returned to a closed prison.
“The prison regime must be fit for purpose and the prisoners sent to open prison must be fit for open prison.”
Ms Goldie said mandatory drug testing, phased out in the 1990s, should be re-introduced in order to create “clean” wings populated by drug-free inmates.
Those who are drug-free could receive enhanced privileges.
Miss Goldie added, “I am very clear that there is a very significant drug addiction problem in the prison population.
“I would have clean wings in prisons for those who are not on drugs. There should be a wing for those who are on drugs where they can receive proper treatment and support.
“And it would be easy to build into that privileges for the occupants of the clean wing.”
Ms Goldie cites the Swedish example, which since the 1970s has strived to create a drug-free environment.
Sweden has some 400 drug-free prison units with a capacity for 4200 prisoners. In Scotland a drug-free wing is the exception.
The Scottish Tories believe that to engage in the war against drugs a new “zero tolerance” attitude must prevail—and that must extend to our prisons.
A Scottish Government spokesman said, “The majority of prisoners entering custody have an addiction issue and the Scottish Prison Service is committed to not just tackling the introduction of drugs into prisons, but to helping offenders to adopt a lifestyle free of drugs.”
The SPS claimed that mandatory drug testing was not a deterrent.
“Evaluation of the previous policy of mandatory drug testing suggested that it was not successful as a deterrent, and may have had unintended consequences in terms of moving people off cannabis on to heroin,” said a spokesman.
More than 5000 drug tests are carried out in the open prison estate every year with 91% found to be drug free. As part of the assessment for transfer to the open estate a prisoner must have demonstrated that he is free from drug use in that the last two drug tests must have been negative.
Any prisoners found testing positive for drugs are subject to a “multi disciplinary case management review”.
In the majority of cases this will result
in the return of the individual to a closed prison. However the SPS said there are cases where it will be decided that the individual will remain in the open estate but decisions are based on the merits of each case.
Overall about one in four prisoners is returned to closed jails and a proportion of these will be for failing drug tests.
There are four kinds of drug testing in Scottish prisons.
Addiction prevalence testing takes place in two months of the year and involves testing of 5% of the total annual admissions and liberations and is mandatory. However a positive test does not of itself result in sanction.
Clinical testing takes place when a prisoner reports a history of drug use and requires medication for withdrawal management.
Prisoners are routinely tested by this method to ensure compliance with clinical prescribing.
Suspicion testing involves testing those thought to be involved in the distribution and consumption of illicit drugs. These are mandatory and a positive result or refusal to give a sample may result in a number of actions, from referral to support services to loss of privileges, return to closed conditions or referral to police.
Risk assessment tests are carried out to inform and support risk assessment and placements. This might include progression within the prison system, home leave or prison work involving equipment and machinery. The test is mandatory.
Nov/15 - Castle Huntly holiday camp
| Castle Huntly abscondees in court | |||
A PERTH sheriff yesterday questioned why a serial criminal had been placed in open prison within three months of receiving a sentence of more than two years. Sheriff Lindsay Foulis thought it surprising that Robert Colquhoun was able to escape from Castle Huntly so soon after being jailed. He was speaking as Colquhoun (27), of Stirling, appeared in court to admit absconding from the prison—dubbed a “holiday camp” after repeated walk-outs by inmates—on November 3. Colquhoun was jailed for two years and four months at Stirling Sheriff Court on August 22 for a range of offences including housebreaking and fraud. He was moved to Castle Huntly on September 26. He has been convicted of a total of 38 offences including numerous thefts, robbery and road traffic and firearms violations. Depute fiscal Lucy Keane said an evening head-count on November 3 revealed he was missing. A CCTV check showed he had walked out the front gates and not returned. Sheriff Foulis said yesterday, “If he received sentences of two years and four months for various things in Stirling in August and with regard to his record which, apart from anything else, includes countless thefts, bail breaches and offending while on bail, why was he in Castle Huntly?” He added, “I find it really quite surprising that with his record...he walks out of Castle Huntly just over two months after he is sentenced. “There may have been a period on remand but I thought prison was...” He did not finish his musings but left it clear he was unimpressed by the situation. Colquhoun’s solicitor, Frazer McCready, said his client’s sentence had been backdated to May and his earliest release date, before he absconded, would have been July 16 next year. He said he had walked out because he heard there had been “an incident” in his hometown which may have affected his children and decided to leave, “simple as that.” Appearing in court shortly after Colquhoun was James Gibson (22) who admitted absconding from Castle Huntly on August 26. Ms Keane said there was no indication how he escaped, but he was missing at a roll-call. His solicitor, Cliff Culley, said he had left to resolve a family problem and decided to stay out. Jailed for eight years at the High Court in Edinburgh on May 2005 for drug offences, his earliest release would have been in January 2010. Colquhoun and Gibson both had two months added on to their present sentences. Castle Huntly chiefs have defended the prison’s regimes in recent months amid a spate of prisoners—many serving terms for murder and attempted murder— walking out or not returning from time out on licence. Tory MSP Bill Aitken last month said Castle Huntly was in danger of becoming “little more than a holiday camp,” a claim hotly refuted by prison authorities. |
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