Coronavirus in Scotland: Home curfew extended to gangsters to help jails

Justice Secretary Humza Yousaf said he had dropped the current presumption against granting such inmates a home curfew because of the “exceptional circumstances our country now faces”.

The Scottish Tories said victims of crime would be “deeply upset” by the move, and urged a rethink.

The Chief Inspector of Prisons in Scotland also demanded a “reassurance that the impact of removing the presumptions is monitored, and reported on, within reasonable timeframes”.

Mr Yousaf revealed earlier this month that more inmates would be let out early on home detention curfew (HDC) in order to help ease overcrowding and maintain order in jails during the pandemic.

There are legal bans on releasing certain prisoners on HDC, including registered sex offenders, those on extended sentences, and those awaiting deportation.

However in October 2018, HM Inspectorate of Prisons in Scotland recommended a further presumption against HDC for prisoners jailed for violent offences, for offences involving blades and offensive weapons, and for prisoners with “known links to serious organised crime”.

As recently as January, Mr Yousaf reassured MSPs the presumption would stay in a new HDC operating protocol brought in after a notorious murder.

Student Craig McClelland was stabbed to death in Paisley in 2017 by serial offender James Wright, who had been “unlawfully at large” while on HDC.

Now, in a letter to Holyrood’s justice committee, Mr Yousaf said he had instructed prison service officials to remove this presumption from the guidance on HDC.

He said the step was taken in consultation with Her Majesty’s inspectors of prisons and constabulary.

He said adopting the 2018 presumption had been “the right decision at that time” to ensure confidence in HDC

But there was now a “more sophisticated and robust system of risk assessment” for HDC.

He said: “The current HDC guidance provides significantly more detail on how SPS decision-makers are to consider the function, relevance and context of an individual’s offending, including previous offences.

“Therefore aspects of the release decision that the presumption was there to address - history of violent offending, offences involving weapon use and indications of involvement in organised crime - are now captured under several domains within the revised HDC assessment process.

“In the current exceptional circumstances our country now faces, I am also acutely aware that SPS [Scottish Prison Service] need to be able to utilise all the tools at their disposal to effectively manage their prison population in response to Covid-19.

“HDC remains one of the key tools available to help move people towards the end of their sentence out of the prison environment onto curfew within the community.

“I have always been clear that HDC release decisions should be considered on a case-by-case basis and should be considered in accordance with the available information on relevant risk factors.

“The presumption... served a purpose for a period of time - prior to the introduction of the more sophisticated and robust system of risk assessment that we now have in place.”

Tory MSP Liam Kerr said: “Everyone accepts there will have to be some changes to the justice system as we battle the coronavirus crisis. But that’s not an excuse to set free some of Scotland’s most dangerous criminals.

“Even in the circumstances, we think it’s wrong to remove this presumption. Victims of crime, having been previously encouraged about changes, will be deeply upset about this move by the SNP.”

HM Chief Inspector of Constabulary Gill Imery said the presumption had never debarred inmates from HDC, but said “robust qualifying reasons” had been needed to overcome it.

In a letter to Mr Yousaf also sent to the committee, she said: “The presumption of refusal is not necessary provided there is a robust risk assessment process in place.”

Prisons inspector Wendy Sinclair-Gieben added: “Whilst HMIPS recognise the recommendations did not seek to automatically exclude any such person from being considered suitable for HDC, the practical application did appear to make that the default position.

“In light of the current circumstances, and the further recent improvements made to the HDC assessment process, I welcome this approach and agree that the current more in-depth risk assessment precludes the necessity of the presumptions being an integral part of the process.

“I would, however, like to seek reassurance that the impact of removing the presumptions is monitored, and reported on, within reasonable timeframes.”