Prisons rights challenge warning

Prison practices could be subject to challenges

The Scottish Prisons Service is being warned it could face a spate of challenges from inmates over human rights issues.

It is predicted by the Prison Reform Trust that the SPS could be challenged under almost every article of the European Human Rights Convention.

Although the convention has applied for more than a year to the decisions of the Scottish Executive and the Scottish Parliament, public bodies such as the prisons service have not so far been affected.

The UK-wide Human Rights Act, coming into force next month, requires all public authorities not to breach the European Convention.

Discipline may have to change

The Prison Reform Trust says the Scottish Prison Service has done little to take account of it.

As an example, it says the SPS could be challenged on its anti-suicide strategies under the article guaranteeing everyone the right to life.

It may also be asked to provide condoms to prevent the spread of HIV.

Prisoners serving time more than a 100 miles from their home - most of those in Peterhead for instance - could argue the distance deprives them of normal family relationships, contravening article eight.

The Chief Inspector of Prisons Sir Clive Fairweather warned MSPs on Monday that overcrowding and slopping out could provoke legal challenges.

He said that Scotland's prisons are full to bursting point and that there was officially only capacity for one more prisoner.

The SPS has already confirmed prison discipline procedures have already brought one legal move by an inmate.

It says, however, its policies are not flawed.