Prison watchdog issues call for remand reform
REMANDING people in prison before trial is “overused”, the head of Scotland’s prison watchdog has said.
David Strang, HM Chief Inspector of Prisons for Scotland, told MSPs the justice system too frequently uses remand to allay minor fears an accused person will not attend court.
He raised concerns short periods in prison – such as pre-trial remand – are more likely to lead to further offending, and called for more use to be made of alternatives such as electronic tagging or supported bail.
Giving evidence to Holyrood’s Justice Committee, Mr Strang said the “damage” done to prisoners in custody awaiting trial - who are innocent in the eyes of the law - is the same as for those on short sentences in terms of affecting relationships, work and housing.
He said: “It does damage people’s prospects of living a successful life outside.
“It is overused when there are alternatives.”
Mr Strang said statistics showing 70% of women remanded are then not given a custodial sentence is “evidence that we are overusing remand in some ways as an administrative function to make sure that the trial can go ahead”.
He added: “A short period of custody is more likely to lead to more offending than less. It’s not a moment of inspiration - it’s disorientating, unsettling and stressful.”
He said supervised bail schemes should be available throughout Scotland but highlighted a recent funding cut to one bail project and said he feared a retraction rather than an expansion of such initiatives.
Procurator Fiscal Anthony McGeehan also gave evidence and cautioned against drawing a direct correlation between a reduction in remand prisoners in places where there are supported bail schemes, highlighting one study in three prisons in Scotland which has drawn inconclusive results.
He said remand is used for public protection and for the administration of justice adding that decisions on whether to place an accused person in pre-trial custody are for the court.
Mr McGeehan said requests can be made for more information to assist this, including asking for a 24-hour delay to obtain relevant details.