Theme 7: Living in detention

Under the theme of Living in detention the report provides an overview of what appear to be some human rights gaps and good practices under the headings of:

Conditions of detention

All detainees have a right to be treated with humanity and dignity. Research identified in the scoping project raised continuing concerns, to a greater or lesser extent, on issues such as overcrowding, ‘slopping out’, addiction (including a lack of needle exchange programmes), healthcare and mental health services (including mixed experiences of access to mental health care), and levels of suicides and deaths in custody. Access to productive activity, including education, work and exercise have also been reported as areas of concern.

Mental health detention

Persons deprived of their liberty on mental health grounds must be detained in an appropriate therapeutic environment. The scoping indicates that the Mental Health (Care and Treatment) (Scotland) Act 2003 has been widely welcomed as having created a new framework for the use of compulsory measures, and placing emphasis on treatment and care in the community, on safeguarding patients’ rights and on enabling the participation of patients and carers in treatment and on-going care. Research cited suggests that since it came into effect there has been a decrease in use of compulsory powers, although this may vary across the country. Mental Welfare Commission reports identify a range of areas for improvement in mental health care and treatment in practice. Concern has also been raised regarding young people who are detained in adult wards as well as geographic variation in the standard and quality of provision of care and treatment. An independent evaluation of the human rights based approach at The State Hospital indicated significant benefits to staff, patients and carers.

Women in detention

Significant concerns have been repeatedly raised regarding conditions of detention for women in Scotland, particularly in Cornton Vale. The report highlights that many consider there to be a need for further measures to increase and enhance educational, rehabilitative and resettlement programmes for women in prison and to ensure the provision of adequate health facilities and services, including mental health services, for women in prison. Multi-agency work is regarded as being important in the Scottish context. In 2012 the Commission on Women Offenders made 37 recommendations for change focusing on key areas including: alternatives to prosecution; alternatives to remand; sentencing; prisons; community reintegration; and leadership, structures and delivery.

Young people in detention/secure accommodation

Under the UN Convention on the Rights of the Child children in detention should be separated from adults. In Scotland, most children who are accused of offences are dealt with under the Children’s Hearings System which the report notes has been widely praised nationally and internationally. The Children’s Hearing System takes a welfare approach which UK Children’s Commissioners consider has made it less likely that children in Scotland will be punished or locked in comparison to children in England. Nonetheless, the Scottish system has been criticised with regards to the level of deprivation of the liberty of children and young people over 16. Concerns have also been raised regarding the conditions of detention of children and young people in Scotland and with regard to the detention of asylum-seeking children.