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Photocopying of Mail

Letter from the Scottish Prison Service to the Convener, Criminal Justice Committee, 4 February 2022

Dear Ms Nicoll

Thank you for your recent correspondence received on 17 January 2021, where you seek further information on the above SSI, following the Criminal Justice Committee Evidence Session on 12 January 2022.

If I may, I will address each of your questions in the order you have raised them.

Oversight and Governance

1. How will you ensure that there are proper oversight and governance processes within SPS for the operation of these new procedures?

Scottish Prison Service (SPS) Governors-in-Charge are responsible for ensuring all decisions relating to the photocopying of mail, and the rationale for doing so, are recorded in each establishment’s monthly Tactical Assessment decision log. These assessments will then be independently reviewed internally by Senior SPS staff on a monthly basis. The application of the Prisoner Correspondence Policy, which has been updated to include the new process and requirements for photocopying general correspondence, will also be subject to local and SPS wide auditing. HM Inspectorate of Prisons (Scotland) (HMIPS) can also review the application of this process as part of any future establishment visit/inspection.

Volumes of Mail Checked

2. (Even if you are not able to provide exact figures) (a) what proportion of mail is opened and photocopied; (b) what proportion of that is tested for drugs; and (c) what proportion of tested mail is found to contain drugs?

In the 4 weeks following the changes to Prison Rules on 13 December 2021, SPS has photocopied approximately 48% of all general correspondence (14,769 mail items received and 7,160 photocopied). This figures reflects the fact that there are 2 establishments who do not currently photocopy mail as there is no identified risk in those areas, some establishments did not implement the powers immediately and some establishments are issuing original cards following testing and a negative result. Please also bear in mind that the number of cards received over the festive period was significantly higher than normal.

In addition to this, 13% (1,975) of mail items were tested using the Rapiscan machine. 12% (242) of these tested positive for an illicit substance. The number of items testing positive on the Rapiscan machine has significantly reduced since the implementation of the photocopying of mail. In the 12 months preceeding the implementation of these powers, the number of items testing positive on a monthly basis was approximately 739. This represents approximately a 72% reduction in the number of mail items being received into SPS establishments which are testing positive for an illicit substance.

3. How do you deal with items of particular sentimental value? Are any items of this nature, as identified by a prisoner, provided to them automatically and, if not, are they tested and then provided if they are shown not to be contaminated?

All Governors-in-Charge are being asked to consider undertaking tests on all items of sentimental value (cards, photographs, and drawings) with a view to issuing the original where tests return a negative result. This approach is being taken in a variety of establishments however, decisions to carry out this process, will be based on local risk assessments. Where a risk has been identified in relation to sentimental items, Governors can order that these items are photocopied to manage the risk appropriately.

The process for handling items of sentimental value will be kept under review, and I can advise SPS is considering exploring alternative secure options to allow those in our care to receive photographs and cards directly whilst reducing the risk of these items being contaminated.

Interaction with the Police

4. What proportion of any contaminated mail is passed on to Police Scotland? What happens to any contaminated mail which is not passed to the police?

SPS is unable to provide data on the proportion of contaminated mail passed to Police Scotland. The current SPS Incident Reporting Policy, requires establishments to report ‘significant drug finds’ and single items of contaminated mail would not fall within this category.

Contaminated mail received by SPS is dealt with by one of three means:

1) uplifted by Police Scotland as a production for further investigation/criminal proceedings;

2) uplifted by Police Scotland for safe disposal where it has been deemed that no further investigation is appropriate; or

3) sent to Dundee University for further analysis for the purpose of prevalence testing and identifying new and emerging substances (un-attributable finds only).

5. What are the procedures between the SPS and Police Scotland from that point forward, particularly when the prisoner is then eligible for release?

As the individual in SPS care is not the person who has posted the contaminated correspondence, and has therefore not committed an act that is either illegal, nor breaches Prison Rules, there would be no immediate consequences for that individual, apart from them not receiving the original correspondence. Police Scotland may choose to investigate the matter further and SPS would always provide as much information as possible to support their investigations.

6. Could you please provide a copy of the MoU referred to between the SPS and Police Scotland?

A copy of the current MOU, which is in the process of being reviewed and updated, has been attached to this correspondence.

In-cell Telephony and Prisoner Email

7. What further steps will the SPS take, and what resources are required, for a greater roll out of in-cell telephony systems across the prison estate and for prisoners to have access to email, thereby reducing the need to receive mail through the post?

There is currently collaborative work ongoing to compile a detailed specification of what is required across the prison estate in relation to fixed point in-cell telephony. This specification will inform the procurement process, which in turn will inform costings and resource requirements for the project moving forward. This is part of the wider SPS Digital Strategy for a longer term solution for in-cell communication.

The Digital Strategy also includes the aspiration of e-mail access for those in SPS care through a ‘kiosk’ system. However, it should also be noted that SPS do currently facilitate the ‘E-mail a prisoner scheme’ whereby individuals can receive and send e-mail communications.

I hope this information is helpful.

Yours sincerely

TERESA MEDHURST
Interim Chief Executive

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