1. IntroductionBackground and Aims of the Research
1.1 Home Detention Curfew (HDC) and open prison are two schemes which offer conditional liberty to prisoners. HDC came into use in Scotland in 2006 and allows short term prisoners, and long term prisoners who have been recommended for parole, to serve up to a quarter of their sentence (up to a maximum period of six months and a minimum period of two weeks) on licence in the community. [1] People released on this scheme have to comply with a set curfew and wear an electronic tag on their leg. Open prisons have been in existence much longer, and are facilities without the secure perimeter fences of traditional, 'closed' prisons, though prisoners are not free to come and go from the prison grounds as they please. Open prisons also offer prisoners the opportunity of home leave, where they can spend up to a week every month back in their home communities. Both HDC and open prisons have in common the designated aim of supporting the safe and effective transition of prisoners from a secure institutional environment to an open community.
1.2 In April 2008, when the maximum period for which a person could be on HDC was extended, Scottish Ministers undertook to review the impact of the scheme once HMP Addiewell was open and operating at full capacity. The Scottish Prisons Commission report (July 2008) also made recommendations about HDC, adding to the impetus to review its use.
1.3 In addition, subsequent to a high profile abscond from Castle Huntly open prison in May 2009, an independent review was undertaken of the decision to transfer the prisoner concerned to open conditions (Spencer, 2009). One of the recommendations of the review was that research be carried out to determine the benefits and efficacy of open prison.
1.4 The Government thus commissioned this research in March 2010 to evaluate the effectiveness of HDC and the prison system's Open Estate [2] in terms of their ability to 'improve the management of offenders' and facilitate their 'reintegration into the community' (Research Specification para. 3.1).
1.5 The specific terms of reference for this research (Research Specification para. 3.2) were to:
(1) Investigate the implementation process and associated costs and benefits of the HDC scheme and open prison, including,
- the historical profile of offenders released to HDC/transferred to open prison;
- critical incidents of the respective schemes (breaches, absconds, etc.);
- operational factors contributing to successful completion of HDC or a stay in open prison; and,
- costs associated with HDC and open prison and any offsetting savings or operational benefits.
(2) Develop an in-depth understanding of other factors which may impact on the effectiveness of the schemes, including,
- role and impact of HDC and open prisons for facilitating the offender's reintegration into the community (incorporating any factors identified from findings of (1) above);
- perceptions of other stakeholders, including justice system professionals and family members;
- decision making processes and collaborative working in HDC;
- assessment of the overall impact of HDC and open prison as contributing factors to longer term desistance.
1.6 The research design makes use of a mixed methods approach, discussed in detail in the next chapter and, as specified in the terms of the research, data comes from: the SPS management information system; interviews of key stakeholders; review of HDC processes and the open prison environment; and relevant international and Scottish research.
1.7 The terms of the research do not include systematic international comparisons in the use of HDC or open prison (though relevant research findings are included in the report where appropriate). The research is also limited to the period when people are participating in HDC or open prison, and does not include analysis of the period after a person returns to full liberty.