Justice and safety justice and safety page 2 of 18. The home office spokeswoman said that by november 30, 2001, only 893 of the 42,853 prisoners released under the scheme had been convicted or cautioned or were awaiting prosecution in relation to offences committed while subject to home detention curfew. Justice committee home detention curfew licence amendment scotland order 2016, 7th report, 2016 session 5 2 7. Let me be clear, just as the uk government has looked at releasing prisoners or increasing the numbers on hdc home detention curfew, so too in scotland we cannot rule out releasing prisoners. The board makes a binding recommendation to the scottish ministers on any additional conditions to be attached to release licences. In addition, prisoners sentenced to less than four years can now be released early on home detention curfew. Jul 19, 2018 snp urged to stand up for victims of crime as tories push for change justice secretary humza yousaf has said he will keep an open mind over demands to allow victims of crime to attend parole. Four prisoners released from jail with electronic tag.
Home detention curfew allows people with convictions to serve part of their sentence in the community while wearing an electronic tag. The home detention curfew licence prescribed standard. I believe that the actions that the scottish government, scottish prison service and police scotland have all committed to today will provide confidence that. It prepares prisoners for release, reintegrates them into the community and reduces the risk of them reoffending. Mr yousaf said that home detention curfew is an established mechanism for preparing prisoners for release. Prison staff reluctant to release prisoners on tags. Home detention curfew licence amendment scotland order 2016, 7th report, 2016 session 5 1 introduction 1. Home detention curfew is an important part of our justice system. Draft order laid before the scottish parliament under section 453 of the prisoners and criminal proceedings scotland act 1993 for approval by resolution of the scottish parliament. Hmics independent assessment of police scotlands response. From 18 march 2008, the scottish prison service sps can release some prisoners to serve the last part of their sentence at home, or another suitable address, for up to a maximum period of 6 months which applies to sentences of more than 2 years. Action is underway to improve the management of prisoners serving the end of their custodial sentence at home, justice secretary humza yousaf has said. Home detention curfew licence amendment scotland order 2016. In addition to the presumption against home detention curfews for.
Bbc news uk scotland vote to extend tagging is passed. Chief superintendent garry mcewan of police scotland said. Scotland s reoffending rate is at a 19 year low and. Electronic tags to free inmates uk news the guardian.
She confirmed that life prisoners, sexual and violent offenders serving an extended sentence under section 210a of the criminal procedure scotland act. A fifth of tagged offenders breach home detention curfews. Proposals to increase use of electronic tags in scotland. Around one in five 18% offenders on the curfews, which allow prisoners to serve part of their sentence on.
Home detention curfew hdc is a way in which the scottish prison service sps, on behalf of scottish ministers, can release individuals sentenced to short and longterm prison sentences on hdc licence. Sps and the chief constable, that i expect to see real and demonstrable progress. The effect of home detention curfew on recidivism gov. Evaluation of the use of home detention curfew and the open. Put more prisoners out on tag says prisons chief the scotsman. The cabinet secretary will take questions at the end of his statement, so there should be no interventions or interruptions. In justice and law, house arrest also called home confinement, home detention, or, in modern times, electronic monitoring is a measure by which a person is confined by the authorities to their residence. Electronic monitoring in scotland the use of electronic monitoring. Home detention with electronic monitoring the new zealand. Prisoners must not be released on home detention curfew in advance of their. Jun, 2012 half of all tagged offenders break curfew rules, says report. Home detention with electronic monitoring was introduced in new zealand in october 1999. Knife thugs and violent cons no longer released on.
Home office research study 222 electronic monitoring of released prisoners. The risk management authority is operating business as usual with all staff currently working from home. Evaluating the effectiveness of home detention curfew. I have made it clear to them that the scottish government will, of course, do likewise. The scottish government is making detailed preparations for the uk leaving the eu without a deal, brexit secretary mike russell tells msps. It contained sixteen recommendations covering operational processes and the strategic direction and national guidance on the future management of offenders in scotland. Msps have voted narrowly in favour of extending the time prisoners can spend on home detention curfews hdc.
Despite the scottish government s emphasis on smart. On 3 may 2018, james wright was convicted of murdering craig mcclelland in paisley. The scottish prison service has terms and conditions which cover the following categories. The home detention curfew licence amendment scotland order 2016. Home detention curfew is a detention scheme in the united kingdom whereby certain shortterm criminals are released from prison several weeks to months before the completion of their sentence to allow them to integrate back into society. Mar 17, 2002 this system is crazy, we are letting convicted criminals out to cause mayhem. Four offenders released on home detention curfew are unlawfully at large a report by hm inspectorate of constabulary scotland revealed. I am pleased to deputise once again for bruce crawfordon behalf of the bureau rather than the government, i hasten to addin moving the motion on the home detention curfew licence prescribed standard conditions scotland order 2008, which is a negative instrument for the benefit of members, i will clarify the procedure. Ms ewing explained that a number of exclusions from hdc would continue to apply. Changes to this guidance this page tells you what has changed since the previous version of this guidance. The home detention curfew licence amendment scotland. He said the scottish government, scottish prison service and police scotland all accept all 37 recommendations made by hm inspectorate of prisons. Link to publication record in edinburgh research explorer.
There are more than 300 prisoners on home detention curfew. The instrument was referred to the justice committee as lead committee and was subject to affirmative procedure. Evaluation of the use of home detention curfew and the open prison estate in scotland citation for published version. Police scotland should also establish a robust process in each local policing area so that all enquiries by officers and police staff are accurately recorded in a clear and appropriately manner, it added. The management of offenders scotland bill will be considered at stage 3 on 25 june 2019. The parole board for scotland must first recommend release on.
In the wake of mr mcclellands murder tougher restrictions were brought in on the use of curfews, with the scottish government introducing a presumption against their use for violent offenders and those convicted of knife crimes. All content is available under the open government licence v3. There are currently two mechanisms available for early release in scotland home detention curfew which is almost always used for. In its 2018 report, hmics noted there were approximately 300 criminals out on home detention curfew at any given time. If someone is released under a home detention curfew there are licensed conditions, so theres still some element of control. A copy of all correspondence between the scottish government and the scottish prison service and police scotland about the issue of home detention curfews in the period from 1 april 2017 to 17 july 2018. Scotland s independent penal reform organisation has written to justice secretary humza yousaf calling for the executive release of some prisoners and the expansion of home detention curfew, to. The parliamentary bureau has agreed to set aside an hour for. The instrument was referred to the justice committee as lead committee and was.
It is an early release option for people sentenced to varying lengths of imprisonment. Home detention curfew allows people with convictions to serve part of their sentence in the community whilst wearing an electronic tag. The scottish government is proposing a radical extension of the ways electronic tags can be used on offenders, bbc scotland learns. This week saw a committment from the scottish government to establish a financial redress scheme for incare abuse survivors, plans to strengthen the home detention curfew system and the launch of a new play highlighting to young people the. One of the conditions for being released on home detention curfew is that offenders must stay at an agreed address for about 12 hours every. They always speak to social workers and carry out a risk assessment first. Scottish government scottish parliament the bbc is not responsible for the content of external internet sites. It is not available to all prisoners and is not an entitlement. Where sps elect to utilise a collaborative framework contract set up by another public body such as the scottish government, or crown. House arrest has been used since ancient times as an alternative to criminal imprisonment, often imposed upon people who either were too powerful or too influential to be placed in an actual prison. Edinburgh research explorer connecting repositories. They are only allowed to release low risk offenders on the hdc. Out of 1,434 prisoners released granted release from prison and tagged in 201718, 300 were in breach of a home detention order 21 per cent of. This briefing summarises the main issues which arose during stages 1 and 2.
Use of electronic tags to be extended bbc news bbc home. Four offenders released from jail on electronic tag. Detailed scottish government plans for nodeal brexit. This order may be cited as the home detention curfew licence amendment scotland order 2016 and comes into force on the day after the day on which it is made. Home detention curfew guidance for agencies updated to april 2018 provides guidance on the procedure to be followed where the grant of an hdc licence is being considered. Families outside produces information sheets to help you, and if your family member is being considered for home detention curfew a tag, it may be useful to have some further facts about this. Scotland act 2005 provides the power to release prisoners on hdc in scotland. Detainees, as they are called, are released to their homes, and monitored by means of an electronic bracelet attached to their ankle. Home detention curfew hdc came into use in scotland in 2006 and allows prisoners, mainly on shorter sentences, to serve up to a quarter of their sentence. Sep, 20 detention service order guidance about how uk visas and immigration decides to apply the home detention curfew hdc scheme to foreign offenders. Find more information on home detention curfew and how it works on the scottish prison service website. At any one time there are around 300 people under these arrangements in our communities and the vast majority of those are completed successfully without any breaches. Home detention curfew hdc allows some individuals sentenced to imprisonment to serve part of their prison sentence in the community, under strict licence. Jul 17, 2018 the number of home detention curfew breaches is rising, according to new figures.
Review of the arrangements for home detention curfew hmips. If you wish to contact the risk management authority, please phone 0141 278 4478 where all calls will be diverted directly to voicemail. Confinement to ones home or another specified location instead of incarceration in a jail or prison. Courts, the parole board or scottish prison service sps in the case of home detention curfews may place restrictions on children or young peoples movements, associations and behaviours for the purpose of managing risk to public safety postrelease. Our sympathies very much remain with the family and friends of craig mcclelland at this time.
Home detention curfew hdc came into use in scotland in 2006 and allows prisoners, mainly on shorter. Amendment of section 3aa5 of the prisoners and criminal proceedings scotland act 1993. Scottish government commits to improving management of. Half of all tagged offenders break curfew rules, says report. Howard league scotland calls for release of lowrisk prisoners. Electronic tags to free inmates by alan travis, home affairs. May 06, 2011 a report examining whether offenders who receive home detention curfew.
Tagging for violent and knife crime convicts curbed. The parole board for scotland is a tribunal nondepartmental public body in scotland first established in 1967, with responsibility for parole decisions. Home detention curfews hdcs were introduced in scotland in 2006 for prisoners. Scots home detention curfew breaches rise heart scotland. The board also operates as the appellate body in the case of alleged breaches of home detention curfew hdc conditions. One way the scottish government hopes to reduce the numbers in the coming weeks is to increase the number of people released on home detention curfew hdc, which involves electronic tagging and a. Stage 1 report on the management of offenders scotland bill. To provide relevant and reliable information, analysis and advice that meet the needs of government, business and the people of scotland. At any given time, around 300 prisoners are on home detention curfew hdc, which means they are living at home adhering to a curfew and wearing an electronic monitor. The parole board for scotland must first recommend release on parole before sps can make the decision to. Snp urged to stand up for victims of crime as tories push for. To ask the scottish government what its position is on any issues arising from increases in the number of professional dog walkers. Mr yousaf revealed earlier this month that more inmates would be let out early on home detention curfew. Electronic tag crackdown after murder in paisley heart scotland.
Addressing the justice committee at holyrood, mr mcconnell alluded to the murder of craig mcclelland, a father of three from paisley who was stabbed by james wight, who had 16 previous convictions and was unlawfully at large after removing an electronic tag just days after release on a home detention curfew. The scottish prison service sps must work within the law when it releases prisoners on hdc. The scheme is used for prisoners who are sentenced to terms greater than three months. Fiscal service copfs, scottish government and the scottish court and tribunal service, are dealt with effectively and efficiently and in accordance with the protocol for the prioritisation of warrants in the scottish criminal justice system. On november 2018, the cabinet secretary for justice wrote. The home detention curfew licence amendment scotland order 2016 made th december 2016 coming into force 14th december 2016 the scottish ministers make the following order in exercise of the powers conferred by section 3aa6 of the prisoners and criminal proceedings scotland act 1993a and all other powers. Scottish government in consultation with criminal justice partners and key stakeholders should consider development of national policy on risk factors that assess not only the eligibility of an offender for release on home detention curfew but hisher suitability for release based on a presumption of refusal where the conviction that the person. Scottish government social research, edinburgh, uk. Hmics hmics independent assessment of police scotlands. He was stabbed to death in july 2017 by james wright, who was at the time unlawfully at large while on home detention curfew. R uth davidson has said it is unacceptable that nicola sturgeon does not know how many violent crime are committed each year by prisoners freed on home detention curfew the scottish.
Other government amendments include a proposal to prevent prisoners serving longterm sentences from accessing hdc and the introduction of a much broader power for ministers to revoke a hdc licence and recall an individual to prison. I have also made a number of wider recommendations relating to policy on risk assessment of those considered eligible for release under home detention curfew, changes to legislation, and cross border provisions, which should be taken forward by the scottish government in partnership with police scotland, the scottish prison service and other. University of strathclyde, scottish government justice analytical services staff and. Its decision making and operating are independent of the scottish government, and many of its decisions are binding on scottish. Evaluating the effectiveness of home detention curfew and open prison in scotland. To ask the scottish government for what reason independent inquiries are not automatically held when a murder is committed by a prisoner on a home detention curfew. Prior to the offence, mr wright had been released from prison on a home detention curfew. The scottish prison service decides if a prisoner can be released on home detention curfew. Home detention curfew is an established mechanism for preparing prisoners for release. Home detention curfew hdc a person you may care about is in prison and serving a sentence and you may be unsure of some of the procedures.