Her Majesty's Chief Inspector of Prisons for Scotland

Her Majesty's Chief Inspector of Prisons for Scotland is currently the Very Reverend Dr Andrew McLellan. He will retire from this post in 2008. He is a former Moderator of the General Assembly of the Church of Scotland. Whilst minister at Viewfield Parish Church, Stirling, (1980-1986) he was also chaplain to Cornton Vale Prison.

Creation of the Inspectorate

A Committee of Inquiry was held in the late 1970s into the prison system in the United Kingdom. One of the recommendations of its report, published in 1979, 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. Given that the Scottish Prison Service is separate from its counterpart in England and Wales, the post of Her Majesty's Chief Inspector of Prisons for Scotland was duly approved; the new Inspectorate commenced its duties on 1 January 1981. The Inspectorate is directly funded by the Scottish Government.

There is also a separate post of Her Majesty's Chief Inspector of Prisons for England and Wales.

Functions and responsibilities

The Inspectorate was created by Act of Parliament; its functions and responsibilities are laid down accordingly. The Chief Inspector submits an annual report to the Scottish Parliament. Reports on individual prison visits are made to the Scottish Government and are subsequently published.

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 be 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).

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 Crown under the terms of the Prisons (Scotland) Act 1989, Section 7. The Inspectorate's office is located in Edinburgh.

Although the Chief Inspector is entirely independent of the Scottish Prison Service, 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 holders of the office

"To be added"
*Clive Fairweather 1994-2002
*Andrew McLellan 2002-2008

ee also

*Scots law
*Scottish Court Service
*State Hospitals Board for Scotland

External links

* [http://www.scotland.gov.uk/Topics/Justice/Prisons/17208 Website of HM Inspectorate of Prisons for Scotland]
* [http://news.bbc.co.uk/1/hi/scotland/2144204.stm BBC News report on the appointment of Andrew McLellan, 2002]