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Family backs bill to prosecute prisons for custody deaths
Family backs bill to prosecute prisons for custody deaths

BBC News

time21-07-2025

  • Politics
  • BBC News

Family backs bill to prosecute prisons for custody deaths

The family of a woman who took her own life in a Scottish jail have backed an MP's bill which would allow prisons to be prosecuted for the deaths of MP Blair McDougall will present a ten minute rule bill to Westminster on Wednesday calling for Crown immunity in UK prison estates to be current laws, the Crown, which includes the Scottish Prison Service (SPS), cannot be held criminally responsible for deaths in represents the constituency of Linda and Stuart Allan whose daughter Katie, 21, died in Polmont Young Offenders Institution in 2018. Last year a fatal accident inquiry (FAI) into the deaths of Katie and William Brown,16, found that a breach of the Health and Safety Act at the prison "materially contributed" to their Allan was jailed for 16 months in March 2018 for causing serious injury by dangerous driving and driving over the alcohol - also known as William Lindsay - had been remanded in custody after walking into Saracen Street police station in Glasgow while carrying a Scottish government accepted the findings of the FAI and said it had pursued a change in the law to scrap Crown immunity, but that it would require UK government Medhurst, head of the Scottish Prison Service, has also said it should face the possibility of prosecution over deaths in Immunity has previously been scrapped for the NHS and said the move would introduce accountability into the prison East Renfrewshire MP told BBC Scotland News: "I want to see Crown immunity lifted so that when there are failings in health and safety duties by prisons they are held to account for it."At the moment they are untouchable, they can fail again and again."People, particularly young prisoners, can lose their lives and there is no consequence for that."If his private members' bill passes it will proceed to the next stage in the legislative process. Katie Allan's mother, Linda, has been lobbying for change in the Scottish Prison Service since her daughter's approached McDougall, who is her local MP, at his first surgery after the general election last year to raise the issue and said he had been supportive ever Allan said: "We've always said justice for us would be the removal of Crown immunity. There's no meaning in losing a child but it would be a legacy for us."It means that in death Katie has done something good. That her death hasn't been meaningless. "It means that perhaps her death might save the lives of other people in the future."Ms Allan said it "sticks with her" that NHS Forth Valley could also not be prosecuted for any role they played in Katie's death - despite not having Crown immunity - as health care services were provided on the prison Forth Valley have been approached for she said if Katie had been in a private prison at the time of her death, a prosecution would have been be Allan said the introduction of the bill was an important day for families who had lost loved ones to "preventable deaths" in prisons across the UK and would play a part in improving safety in added: "If you look for example at the police service, when it lost Crown immunity, safety standards started to increase in terms of cell custody and police stations."So you would hope the same would happen across the prison estate." What is Crown immunity? Crown immunity is a legal principle which means that legislation does not normally apply to the it means the state, including government and official bodies such as the prison service - and sometimes its employees or agents - can be protected from being charged with criminal offences created by example, if a person dies while in custody at a jail, the Crown could not be held criminally responsible for their does not shield them from civil liability, such as the case brought by the family of Allan Marshall, who died after being restrained by up to 17 prison officers at HMP Edinburgh in immunity was removed from the NHS over 30 years ago as part of the National Health Service and Community Care Act was introduced after a series of scandals, including a salmonella food poisoning outbreak in 1984 that contributed to the death of 19 Scotland, Crown immunity may not always protect prison officers or example, if they are caught using, possessing or giving a "personal communication device," such as a mobile phone, to a prisoner.A provision of the Health and Safety at Work Act also states that, regardless of whether Crown immunity applies, an individual can be prosecuted if they cause a also doesn't apply to privately managed jails, like HMP Addiewell which is the only prison in Scotland which is privately have long challenged the law, arguing that the public and private sectors do not operate on a level playing field.

Gangland clan the Lyons mocked in footage filmed from behind bars
Gangland clan the Lyons mocked in footage filmed from behind bars

Daily Record

time19-07-2025

  • Daily Record

Gangland clan the Lyons mocked in footage filmed from behind bars

The video was posted just two days after the joint funeral of Lyons mob lieutenants, Eddie Lyons and Ross Monaghan, who were gunned down in the Spanish city of Fuengirola Footage has emerged of gangland family the Lyons being mocked by supporters of rival gangsters from behind bars. ‌ A video, which is believed to have been filmed within Edinburgh's Saughton Prison, was posted online on Sunday, July 6, showing six caged hoods with their faces masked. ‌ The 14-second-long clip was captioned "F*** the L mob haha keeman" and showed the unidentified crooks in it making hand gestures to the camera and shouting. ‌ Laughs and chants of "yes" could be heard, while the person believed to be filming the video shouted: "Haha. F*** the L mob! F*** that Lyons mob!". The video was posted just two days after the joint funeral of Lyons mob lieutenants, Eddie Lyons and Ross Monaghan, who were gunned down in the Spanish city of Fuengirola in May, after watching the Champions League final together. ‌ The account that posted the footage, which we have chosen not to identify, has posted a number of videos in support of the so-called A Team - the group claiming to work for the Daniel crime clan and Edinburgh-based associate Mark Richardson, who is currently behind bars himself. Jail bosses have refused to say whether the video is being investigated, but it's understood a probe is underway to identify those on the footage - and who filmed it. ‌ A Scottish Prison Service Spokesperson said: "Whilst we do not comment on individuals, we are aware of a video that has been posted to social media. ' Our staff work extremely hard to tackle the introduction of illicit articles, and we are continuously working to reduce their availability and supply across the prison estate.' Join the Daily Record WhatsApp community! Get the latest news sent straight to your messages by joining our WhatsApp community today. You'll receive daily updates on breaking news as well as the top headlines across Scotland. No one will be able to see who is signed up and no one can send messages except the Daily Record team. All you have to do is click here if you're on mobile, select 'Join Community' and you're in! If you're on a desktop, simply scan the QR code above with your phone and click 'Join Community'. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don't like our community, you can check out any time you like. To leave our community click on the name at the top of your screen and choose 'exit group'. If you're curious, you can read our Privacy Notice. ‌ Yesterday it emerged that the extradition hearing for Michael Riley, the man accused of gunning down the Scottish gangsters in a Spanish pub, has been delayed. The 44-year-old has been charged over the double assassination, which took place at Monaghan's Irish Bar in the Costa del Sol city of Fuengirola. ‌ The Spanish authorities are trying to extradite him to Spain so he can go on trial over the killings, which were carried out on the evening of Saturday, May 31, 2025. Riley, of Huyton, Liverpool, is remanded in custody at Wandsworth Prison and was due to appear at Westminster Magistrates Court on October 9 for his extradition hearing. ‌ But today the court heard that the hearing is now expected to take place at the same court on November 20, five weeks later than originally planned. Another hearing is due to take place in August. The Lyons crime gang has been at war with the rival Daniel mob for a quarter of a century, with the feud starting in the early 2000s when the Lyons gang were blamed after cocaine belonging to the Daniels was swiped from a safe house during a party. What followed was decades of tit-for-tat shootings, ambushes and knife attacks. Spanish police said Riley was a member of the Daniel gang, but Police Scotland have denied a link between the murders and their lengthy feud.

Fred West documentaries and Fifty Shades of Grey? Scots prison chiefs REFUSE to ban X-rated films from cells despite plea from staff
Fred West documentaries and Fifty Shades of Grey? Scots prison chiefs REFUSE to ban X-rated films from cells despite plea from staff

Daily Mail​

time28-06-2025

  • Entertainment
  • Daily Mail​

Fred West documentaries and Fifty Shades of Grey? Scots prison chiefs REFUSE to ban X-rated films from cells despite plea from staff

Prison chiefs have shot down calls by frontline staff to ban some of Scotland's most hardened criminals from watching X-rated films and TV shows in their cells. The Prison Officers Association (POA) implored top brass to pull 18+ DVDs featuring extreme criminal activity, sex and drug use in the wake of an investigation by MailOnline. We revealed that amid an epidemic of violence behind bars, inmates at one of the country's toughest jails, HMP Barlinnie, are free to rent films about serial killers and sexual deviants – despite such X-rated films and videos being outlawed in English jails since 2013. The POA, which represents rank and file prison staff, said that with 'overcrowding, drug use, bullying and organised crime gang activities inside our prisons, the last thing we need is anything else adding to the tension or temperatures'. Yet the Scottish Prison Service last week said it would stand by its policy and refuse to review what films criminals can watch. Last night, Scottish Conservative justice spokesman Liam Kerr MSP said the failure to listen to concerns from staff was emblematic of the SNP 's soft-touch approach to justice. He said: 'This blatant refusal to review a policy that allows prisoners to watch inappropriate content will alarm law-abiding Scots. 'It sums up how the SNP's soft-touch attitude is embedded across all areas of Scotland's justice system and repeatedly panders to the needs of criminals. 'The POA want this to be reviewed and recognise many of these prisoners are behind bars for violent offences and should not have access to this content. 'Rather than passing the buck, SNP ministers should intervene and ensure the Scottish Prison Service rethinks this decision.' Earlier this month, MailOnline revealed a list of movies available to prisoners, obtained via freedom of information, include titles such as Saw, The Silence of the Lambs and American TV show Dexter, about a police forensic officer who kills criminals in his free time. Inmates can also watch TV shows about real-life child killers Fred and Rose West, Myra Hindley and Beverley Allitt, as well as highly sexualised content including Fifty Shades of Grey. Shockingly, US TV series Prison Break – about two brothers hatching a complex plan to break free from jail – is also available to watch. The revelations came after it was disclosed there have been more than 250 assaults on prison staff on average annually in the last decade. This year, the High Court in Edinburgh heard convicted murderer Robert Paterson plotted to have a guard at HMP Saughton 'seriously assaulted' with a handgun. In 2013, former UK Conservative Justice Minister Chris Grayling cracked down on the availability of such films and TV shows in prisons in England and Wales. Last week, the SPS was asked by Mr Kerr what action it was going to take in light of the approved Scottish list of films including titles seen to be inappropriate for a rehabilitative environment.

Brazen Edinburgh prisoner raps from Saughton cell in mask as clip posted online
Brazen Edinburgh prisoner raps from Saughton cell in mask as clip posted online

Edinburgh Live

time25-06-2025

  • Edinburgh Live

Brazen Edinburgh prisoner raps from Saughton cell in mask as clip posted online

Our community members are treated to special offers, promotions and adverts from us and our partners. You can check out at any time. More info Footage has been posted online of an Edinburgh prisoner being filmed rapping in his cell while wearing a balaclava. Several clips have been uploaded to an Instagram account in recent days of an inmate at HMP Edinburgh in a black balaclava wearing blue gloves as another prisoner films him. In a second video, the individual, dressed in grey, is joined by a second lag as they rap the lyrics of a drill song. In the background a white cell door with writing on it is visible as smoke or vapour can also be seen in the air coming from an unknown item the prisoner is holding while rapping. One of the videos is captioned: "HMP freestyle - graveyard shift," as the second prisoner can be seen making gun signs with his hands. The videos, which have been uploaded as reels on Instagram, have received 100 likes each and attracted comments from over a dozen other accounts. After being approached for comment The Scottish Prison Service confirmed staff work hard to deter illicit articles being brought into prison and work tirelessly to prevent items being smuggled behind bars. An SPS spokesperson said: 'We do not comment on individuals. 'Our staff work extremely hard to tackle the introduction of illicit articles and prevent the harm they cause, and we are continuously working to reduce their availability and supply across the prison estate.'

Over 150 violent criminals freed early in prison overcrowding crisis
Over 150 violent criminals freed early in prison overcrowding crisis

The Herald Scotland

time19-06-2025

  • Politics
  • The Herald Scotland

Over 150 violent criminals freed early in prison overcrowding crisis

The Scottish Prison Service say overcrowding is having "an increasingly destabilising effect" on the system and that more must be done across the justice system to combat the problem. Its warning comes as it released detailed data on the nature of the prisoners who were freed under the Scottish Government's early release measures in February and March this year. The figures revealed that almost half of the total 312 prisoners freed under the scheme a total of 152 were serving sentences after being convicted of non-sexual violent crimes. READ MORE: Scotland facing 'critical risk' from overcrowding in prisons Riot fears amid record prisoner numbers and overcrowding Governors want early release scheme for serious offenders I spent the day inside HMP Low Moss and here's what I found The second most common offence committed by those released was 'crimes against society', which includes drug-related crimes. A total of 69 prisoners who had been convicted of this category of crime were released, making up 22% of the total released. The data also showed that 83 prisoners were released into the Glasgow area with 65 freed from the city's HMP Barlinnie, while 49 offenders were freed from Polmont and 37 from Low Moss. A Scottish Prison Service spokesman told The Herald that the figures were released in the interests of transparency but warned of significant and continuing pressures on prisons from overcrowding. 'Working with the Scottish Government, and our partners, we released people through these tranches in a way which prioritised the safety and wellbeing of those in our care, victims, and the communities we serve," he said. READ MORE: Demand for more homes after tax rise on second properties proposal defeat SNP minister rejects claim child poverty targets will be 'substantially missed' North Sea oil and gas company fined after workers plunged into water-filled shaft Swinney programme failed to mention independence – so why all the talk now? 'We have been open and transparent throughout, publishing the number of individuals released at each stage, and this publication continues that approach. 'While these releases have provided some respite, our staff continue to manage an extremely high and complex population, with eight prisons now at red risk status, and the number of people in custody set to rise even further." He added: 'This has an increasingly destabilising effect on our establishments, with staff unable to do the critical work of building relationships and supporting rehabilitation, and prisoners frustrated by the impact on their daily lives and the opportunities available to them. 'We need to see a reduction in our population, so we fully support people in our care, reduce their risk of reoffending, and help build the safer communities we all want to see.' Kate Wallace, Chief Executive of Victim Support Scotland, acknowledged that work had been done to attempt to reduce prison populations, but that the number of prisoners remained "basically unchanged" from this time last year. "There has been no tangible change for victims of crime. Only 2% of victims were notified of the prisoner in their case's release last year through the Victim Notification Scheme, and the most recent figures for this year are equally low," she said. "The recent Scottish Crime and Justice Survey for 2023/24 shows decreasing confidence in the criminal justice system - this has been a repeated trend for the last five years. Measures like these early release schemes contribute to this erosion of trust. "Just last week, changes were also made to Home Detention Curfew legislation - prisoners serving less than four years are now eligible for HDC after serving 15% of their sentence instead of 25%, meaning they will spend less time in prison and longer in the community. "This is concerning, especially given the current lack of capacity for prisoner rehabilitation, as highlighted by the Scottish Prison Service." She added: "While we're pleased that action is finally being taken to improve the Victim Notification Scheme, this lags behind the pace of changes to prisoner release. "Our concern as ever is the safety and wellbeing of people impacted by crime - if victims aren't informed, they can't plan for their safety and even risk meeting perpetrators unexpectantly in their community. "We fear further Emergency Early Release programmes alongside Prisoner Early Release and revised Home Detention Curfew regulations, begging the question of any meaningful prison sentence or rehabilitation for offenders." The revelations come weeks after The Herald published a major week long series on overcrowding in Scotland's prisons. Our work was prompted by the emergency early release of hundreds of short term prisoners (those serving up to four years) last summer and by the legislation last autumn changing the automatic release point from 50% to 40% of their sentence which led to the 312 prisoners being freed in February and March. Some short term prisoners were barred from these scheme including those convicted of domestic violence or sexual offences. The measures were brought in following warnings about overcrowding by governors and inspectors. However, speaking to The Herald in April, the Prison Governors Association for Scotland chair Natalie Beal warned the early release scheme for short term prisoners would not be sufficient to tackle overcrowding and prisons were at risk of being 'clogged up' by long-term prisoners. She urged ministers to return to a scheme scrapped almost a decade ago by Alex Salmond's SNP government which had allowed all long-term prisoners to be released two thirds through their sentence (meaning they served at least one third of their sentence in the community.) But this was changed by the Prisoners (Control of Release) (Scotland) Act 2015, brought in by the then justice secretary Michael Matheson meaning long term prisoners were released six months before the end of their sentence on non-parole licence. Before the change to the law a long-term prisoner could apply for parole half way through his or her sentence. If the prisoner was not successful, he or she would be released two thirds through the sentence on non parole licence (meaning the prisoner could be recalled if licence conditions were breached). However since 2016, while a long term prisoner can still apply for parole half way through his or her sentence, if unsuccessful he or she cannot be released two thirds through the sentence and must wait six months before the sentence ends to be released on licence. A Scottish Government spokeswoman said: 'As is known the prison population has become more complex and risen significantly recently. We are taking a range of actions to manage the prison population including through increased investment in the Scottish Prison Service resource budget by 10% to £481.5 million in 2025/26. "In addition we changed the point of release for most short-term prisoners – those serving sentences of less than four years - from 50% to 40%. Most of those released were serving sentences of less than two years, therefore, their release was less than three months ahead of their original date. The Scottish Government considers that this is a proportionate change which is bringing about a sustained reduction in the prison population and relieving some of the acute pressure on the prison estate.'

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