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Policing and Prisons in Scotland
The Police and the Prison Service in Scotland have powers broadly comparable to those in England and Wales.
Policing
The police in Scotland can arrest someone without a warrant, under wide common law powers, if suspects are seen committing or reported as committing a crime or who are a danger to themselves or others. They also have specific statutory powers of arrest for some offences. In other cases they may apply to a justice of the peace for a warrant.
The police may search anyone suspected of carrying an offensive weapon. Someone suspected of an imprisonable offence may be held for police questioning without being arrested, but for no more than six hours. If they are to be held for more than six hours, they must be charged. If arrested, suspects must be charged and cautioned. The case is then referred to the procurator fiscal.
HM Inspectorate of Constabulary for Scotland considers complaints from those dissatisfied with the way the police have handled their complaints.
The Scottish Crime Squad performs the same role as the National Crime Squad in England and Wales. Forensic services are provided by four regional laboratories, the largest of which is based in Glasgow. Police authorities in Scotland are composed of elected councillors.
Prisons
The Scottish Prison Service is an executive agency. There are currently 17 prison establishments. Prison accommodation, and the rights and privileges afforded to prisoners in Scotland, are broadly comparable with England and Wales.
Prisoners who exhaust the internal grievance procedure may apply to the independent Scottish Prisons Complaints Commissioner.
There are statutory arrangements governing the early release of prisoners. As in England and Wales, offenders serving terms of less than four years may be automatically released at specific points in their sentences. Those detained for longer require Parole Board approval. In Scotland, ministers are statutorily obliged to give effect to the Parole Board's directions. |