Following the sentencing of James Wright for the murder of Craig McClelland, a crime committed while he was ‘unlawfully at large’ having breached his home detention curfew, the Cabinet Secretary for Justice wrote to HMICS on 7 June 2018 and set out the following expectations of the strategic review:
- to provide an independent assessment of the operation, procedures and safeguards in place by Police Scotland in relation to apprehending individuals who have breached their home detention curfew terms with the objective of providing assurance to Scottish Ministers, the Scottish Parliament and the public and
- where appropriate, this should include recommendations to address any gaps in the current operation, processes, safeguards and available police powers or where opportunities to drive improvement are identified.
The background to this review is outlined within our terms of reference, which was published on 28 June 2018.
Our report is presented in two parts:
Part one – This case study comprised a review and assessment of the circumstances relating to the breach of the home detention curfew licence conditions by the offender and Police Scotland’s response.
Part two – Using the HMICS Inspection Framework, we carried out a proportionate and risk-based review of Police Scotland’s response to apprehending individuals following revocation of their home detention curfew licence. We engaged with police officers and members of police staff across eight local police divisions who have day-to-day responsibility for the administration, management and execution of criminal justice warrants including revocation of home detention curfew licences.
As a consequence of my review I have made a number of recommendations across key processes that can be delivered by Police Scotland at an operational level and where implemented could improve the overall management of those offenders who having been released on the home detention curfew scheme subsequently breach their licence conditions and are deemed to be ‘unlawfully at large’.
I have also made a number of wider recommendations relating to policy on risk assessment of those considered eligible for release under home detention curfew, changes to legislation, and cross border provisions, which should be taken forward by the Scottish Government in partnership with Police Scotland, the Scottish Prison Service and other key stakeholders.
Number | Recommendation |
|---|---|
1 | Police Scotland in partnership with the Scottish Prison Service should develop an approach that enhances the information sharing arrangements for offenders who are eligible and being considered suitable for release on home detention curfew giving due regard to the core principles of protecting the public at large, preventing re-offending and securing the successful re-integration of the offender into the community |
2 | Scottish Government in consultation with criminal justice partners and key stakeholders should consider development of national policy on risk factors that assess not only the eligibility of an offender for release on home detention curfew but his/her suitability for release based on a presumption of refusal where the conviction that the person has been sentenced for relates to violence, possession of an offensive weapon or having known links to serious organised crime. |
3 | Scottish Government in consultation with criminal justice partners and key stakeholders should consider introducing a statutory offence where an offender who breaches his/her home detention curfew licence conditions remains ‘unlawfully at large’ for a designated period of time. |
4 | Police Scotland should ensure a robust process is established in each local policing area where all enquiries carried out by police officers and members of police staff are accurately recorded in a clear and appropriately evidenced manner that is available for internal audit and external scrutiny purposes. This would comply with the existing standard operating procedures. |
5 | Police Scotland should ensure a robust process is established in each local policing area where local supervisors allocate home detention curfew revocation notices without undue delay and in any case within 48 hours and that the progress of enquiries is regularly monitored and reviewed ensuring that a professional standard of enquiry is completed timeously and within the relevant timescales. This would comply with the existing standard operating procedures. |
6 | Police Scotland should ensure a robust process is established in each local policing area where the local senior management team is provided with a status report in relation to offenders deemed ‘unlawfully at large’ and a means to escalate related offenders to the local tasking and delivery board for further action. |
7 | Police Scotland should support Divisional Commanders to carry out an internal self-assessment as a process of continuous improvement against each of the listed recommendations to ensure that there are robust local procedures and safeguards in place in relation to locating and apprehending offenders who have breached their home detention curfew licence conditions and are deemed to be ‘unlawfully at large’. |
8 | Police Scotland should align the enquiry timescales outlined in the electronic monitoring of offenders standard operating procedures and the warrants standard operating procedures to ensure consistency of guidance. |
9 | Scottish Government in consultation with criminal justice partners and key stakeholders should develop statutory guidance for the discharge of their respective functions under the Management of Offenders (Scotland) Bill which includes the response to the recommendations outlined in the strategic reviews by HMICS and HMIPS. |
10 | Police Scotland in partnership with the Scottish Prison Service should develop a robust, sustainable and auditable approach to the two-way flow of information relative to the notification, revocation and cancellation of revocation notices of offenders released on home detention curfew by the Scottish Prison Service enabling a 24 hours a day, 7 days a week, 365 days a year policing response to updating core information systems. |
11 | Police Scotland in partnership with the Scottish Prison Service should audit, monitor and review the revised arrangements (see paragraph 90) for information sharing in relation to the notification, revocation and cancellation of revocation notices of offenders released on home detention curfew ensuring that the information held by Police Scotland and the Scottish Prison Service is accurate and relevant. |
12 | Scottish Government in consultation with criminal justice partners and key stakeholders including the National Police Chiefs’ Council (NPCC), HM Prison and Probation Service (HMPPS) and electronic monitoring service providers should develop cross border provisions relative to the notification, revocation and cancellation of revocation notices of offenders released on home detention curfew to an address outside Scotland and by extension for offenders who have been released by HMPPS to an address in Scotland. |
13 | Police Scotland should assess and evaluate the financial and resource implications of introducing new processes in relation to offenders being considered for release under terms of the Management of Offenders (Scotland) Bill and articulate the findings to Scottish Government. |
14 | Police Scotland should provide clear guidance for police officers and members of police staff to enable a consistent approach to the submission and management of intelligence for offenders released on home detention curfew and those deemed to be ‘unlawfully at large’. |
15 | Police Scotland in partnership with the Scottish Prison Service should raise awareness of the roles, and responsibilities of police officers and members of police staff involved in the notification, revocation and revocation cancellation process of offenders released on home detention curfew in Scotland. This should extend to the use of police powers when an offender is deemed to be ‘unlawfully at large’. |
16 | Police Scotland should ensure that police officers and members of police staff involved in the management and administration of home detention curfew notifications, revocations and cancellation of revocations are fully conversant with the roles and responsibilities outlined in the standard operating procedures and are appropriately supported, experienced, trained and have access to core police information systems. |