Functions and Responsibilities
Her 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. Reports on individual prison visits are made to the Scottish Government 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 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) 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 the state-run and privately managed prisons.
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