Review of the arrangements for Home Detention Curfew

In accordance with Section 7(2)(d) of the Prisons (Scotland) Act 1989, the Cabinet Secretary for Justice can instruct Her Majesty’s Chief Inspector of Prisons for Scotland (HMCIPS) “to investigate specific matters connected with prisons or prisoners which have been referred to the Chief Inspector by the Scottish Minister

In accordance with the relevant Act HMCIPS received a letter from the Cabinet Secretary instructing HMIPS to undertake an:

“investigation to involve an independent assessment of the processes that the Scottish Prison Service operate when considering applications for Home Detention Curfew to provide assurance for Ministers, the Parliament and the public”

Additionally, and in terms of section 74(1) of the police and Fire Reform (Scotland) Act 2012, the Cabinet Secretary wrote in similar terms to HM Inspector of Constabulary in Scotland (HMICS) to provide an independent assessment of Police Scotland’s response to a breach of HDC. HMCIPS worked collaboratively with HMICS in preparing the respective terms of reference and will continue to work collaboratively together throughout the dual review process.