This item was published during the term of a previous administration that ended in April 2007
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Report on legalised police cells
13/01/2005
Attitudes displayed by police officers suggest that prisoners held in police cells are properly cared for, according to the latest report for the Chief Inspector of Prisons.
Dr Andrew McLellan's report into legalised police cells - cells in which prisoners can be detained for a period of up to 30 days - was conducted in July 2004.
The cells are based in nine police stations which are not near prisons, where prisoners would otherwise be held, at Lerwick, Kirkwall, Thurso, Stornoway, Lochmaddy, Oban, Campbeltown, Dunoon and Hawick.
Although no prisoners were held in these cells at the time of inspection, the report makes the following recommendations:
- Standard induction information should be produced detailing what prisoners can expect to receive and what they are entitled to
- Each location should be issued with a set of operating standards and these should be readily available in the cell areas
- Standard guidelines should be issued to visiting committees to allow them to discharge their duties properly
- All prisoners should be provided with the opportunity to exercise in the open air
- Basic furniture should be provided when cells are being used - including a table and chair at which prisoners can eat
- All toilets in cells should be screened.
Dr McLellan said:
"Prisoners, both convicted and remanded, form only a small proportion of those detained in police custody.
"As the cells are dual purpose, it is perhaps inevitable that the conditions and treatment of prisoners will be similar to those being detained in short-term police custody. This gives rise to two concerns.
"Firstly, the physical conditions are very bleak. Prisoners are regularly provided with no more than a mattress and an uncovered, unscreened toilet. In a prison, these conditions would only be experienced by prisoners who had been identified as being at risk.
"Secondly, prisoners did not have access to information supplied by the Scottish Prison Service. In many cases there was good information supplied by the police, although usually with no reference to fire procedures.
"However, information about the rights of prisoners and the role of the Prison Complaints Commission was not available.
"Responsibility for the supervision of these prisoners remains with the police authority, but the Scottish Prison Service also has a responsibility to them. It is important that the Prison Service ensures that prisoners know what their rights are."
When prisoners are detained in legalised cells, they are held there for as short a period as possible.
The absence of prisoners made it impossible to carry out an inspection in the same way as an inspection of a prison is carried out. The reports are therefore heavily dependent on the information and advice supplied by the police.