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Interaction between the Scottish Prison Service and the Police Service

Letter from Police Scotland to the Convener, Criminal Justice Committee, 27 January 2022

Dear Convener,

Many thanks for your letter dated 13 January 2022 regarding the ongoing work between Police Scotland and the Scottish Prison Service (SPS) in relation to the recovery of drugs in prisons and the statutory instrument allowing the photocopying of prisoners mail.

In response to the questions posed, please find the responses below:

1. What volumes of mail or packages which are contaminated with drugs are being sent on to Police Scotland by the SPS as part of the new procedures put in place in response to the statutory instrument? What are your estimates for this, once procedures are fully operational and the Memorandum of understanding between Police Scotland and the SPS has been updated?

The current reporting/recording process for contaminated mail is under review as part of the Memorandum of Understanding between the SPS, Police Scotland and Crown Office and Procurator Fiscals Service (COPFS). It is anticipated that the statutory instrument will act as a deterrent to persons attempting to introduce contaminated mail into the prison estate as original documents will no longer reach their intended recipient. As a result, it is believed the number of reports to police of this nature will reduce. Once the review is concluded, Police Scotland should be in a better position to estimate volumes.

2. What are the procedures within Police Scotland for investigating who sent any such material?

All items recovered entering the prison estate reported to police which have presumptively tested positive for the presence of a controlled drug are assessed for investigative opportunities. If opportunities are identified, and it is deemed proportionate, a criminal investigation will commence in an effort to identify the sender of the article. If the sender is identified and there is a sufficiency of evidence, a report will be sent to COPFS for their consideration of prosecution under the Misuse of Drugs Act 1971 or Prisons (Scotland) Act 1989.

3. Is contaminated mail destroyed once no longer needed for any criminal investigation or prosecution? If not, how do the police service manage the storage of contaminated items, what happens to these once a prisoner is eligible for release?

Once a criminal investigation is initiated, all contaminated mail/items are lodged as productions and evidentially examined in the same manner as in any other criminal enquiry. If, at the conclusion of an investigation, a report is sent to COPFS for consideration of prosecution, the contaminated letter is retained for court purposes until authorisation for its release is provided by COPFS.

If the Procurator Fiscal (PF) requires the retention of such items, then production staff should be advised of this, in order to make arrangements for the storing of such productions. Consultation should be made with the Police Scotland Health and Safety Team as to the most suitable method of storage and subsequent transportation if relevant.

The PF will advise of cases that have been subject to non-court disposals such as no proceedings, fines and warning letters. If, at the conclusion of a criminal investigation, no sender/suspect is identified, the item will be destroyed. No item suspected of being contaminated with controlled drugs will ever be returned to either its sender or intended recipient.

I trust this is helpful to the Committee.

Yours sincerely,

Tim Mairs
Assistant Chief Constable
Organised Crime, Counter Terrorism & Intelligence Support