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It is Scottish Government policy to place children in secure accommodation where detention is required by the court.

Subject to Royal Assent, once the relevant provisions in the Children (Care and Justice) Scotland Bill are commenced, this will ensure that the use of Young Offenders Institutions (YOI) will be prohibited for under 18s.

The Bill passed on 25 April - discussions have already begun with secure accommodation providers, the Scottish Prison Service, The Crown Office and Procurator Fiscal Service and local authority representatives. The aim is to arrange the transition of young people from YOI to secure care or community alternatives as soon as is safely possible. We will update Parliament once firm arrangements are in place.

Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS) has confirmed that there are no cells within the SPS estate that exceed their maximum capacity.

The management of the police custody estate is a matter for Police Scotland. Cell availability across Scotland varies on a daily basis.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

A Cell Sharing Risk Assessment is conducted on every occasion where two (or more) individuals are required to share one cell.

The process is an individualised approach where the following overarching areas are considered based on the information held on each individual;

• If they are likely to cause injury or harm to each other
• If they are likely to cause damage to property
• If they are likely to otherwise prejudice the good order and running of the prison

SPS do not determine individuals as ‘high’ or ‘standard’ risk through this process as it is a dynamic process used to assess each individual’s suitability to share with another or others.

The prison population on the morning of 6 May 2024 was 8,203 in custody. Excluding people held for index offences in Group 1 (Non-Sexual Crimes of Violence) or where the index offence could not be classified or originated outwith Scotland, provides a population of 3,927 people.

Further excluding Group 2 (Sexual Crimes) index offences of rape, attempted rape and sexual assault this population totals 2,466.

The full prison population is broken down by index offence type in the following table.

Where individuals in custody are accused or convicted of multiple offences, these are summarised by index offence. This is the offence for which they have received the longest sentence or, where they are on remand, which would on average receive the longest sentence. Each may have other associated offences for which they have received shorter sentences, or for which they have not yet been convicted, which may include acts of violence. Some offences cannot be classified in this way because the charges originate in other jurisdictions or because the data required were not available at the time the snapshot was taken.

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the response provided for S6W-27206 on 13 May 2024.

Annual cell certification checks are also undertaken by Estates personnel regarding the physical maintenance of prison cells.

All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

I have asked Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS), to respond. Her response is as follows:

I refer the member to the response provided for S6W-27206 on 13 May 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

Sustainable and thriving island communities are vital to Scotland. The Islands (Scotland) Act 2018 emphasises the importance of ‘island-proofing’ policies to consider and address specific island characteristics when policy is being developed and delivered.

Island Communities Impact Assessments (ICIAs) help to ensure equitable and fair outcomes by finding the best ways to deliver policies for islanders. The duty to carry out ICIAs has been a legal requirement since December 2020. This means that Relevant Authorities must consider any impact on islands when developing or reviewing policies, strategies or services which are likely to have an effect on an island community which is significantly different from its impact on other communities (including other island communities).

ICIA guidance is available at the following link: Island communities impact assessments: guidance and toolkit - gov.scot (www.gov.scot)

Additional support tools have also been created to guide policymakers through the process. These are available here: Empowering our island communities - Community empowerment - gov.scot (www.gov.scot)

On the morning of Monday 6th May 2024 there were 192 people under the age of 21 held in the prison estate. This population is broken down by index offence group in the following table.

Where individuals in custody are accused or convicted of multiple offences, these are summarised by index offence. This is the offence for which they have received the longest sentence or, where they are on remand, which would on average receive the longest sentence. Some offences cannot be classified in this way because the charges originate in other jurisdictions or because the data required was not available at the time the snapshot was taken.

Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS) has confirmed that each prison cell must be of an adequate size, fitted with a means of communication with an officer and have a standard of cleanliness.

Further, each cell used to accommodate an individual must be adequately:

(a) lit by natural or artificial light;

(b) heated and ventilated; and

(c) furnished as is necessary and appropriate for the type of accommodation or area of the prison.

The management of the police custody suites is an operational matter for the Chief Constable. The Scottish Government supports His Majesty’s Inspectorate of Constabulary in Scotland ( HMICS ) and Health Improvement Scotland (HIS) to undertake joint inspections across Police Scotland’s network of custody suites to ensure the safety of these facilities.

Where recommendations have been made, Police Scotland, working with health partners as appropriate, work to address these quickly and effectively.

Teresa Medhurst, Chief Executive of the Scottish Prison Service (SPS) has confirmed that Cell Certification is conducted in all prison establishments. This process involves all prison cells across the estate being regularly checked a minimum of 3 times per week, with any issues being reported and acted upon immediately. Additionally, His Majesty’s Inspectorate of Prisons Scotland (HMIPS) conduct routine inspections of all prisons in Scotland, which includes inspecting decency standards within prison cells.

With regard to the management of the police custody suites, this is an operational matter for the Chief Constable. The Scottish Government also supports His Majesty’s Inspectorate of Constabulary in Scotland ( HMICS ) and Health Improvement Scotland (HIS) to undertake joint inspections across Police Scotland’s network of custody suites to ensure the safety of these facilities.

Where recommendations have been made, Police Scotland, working with health partners as appropriate, work to address these quickly and effectively.