At the end of October 2018, the Scottish Prison Service changed the way they assess prisoners for release on a Home Detention Curfew (HDC). As a result of this change, there has been an almost 75% reduction in the number of prisoners granted an HDC.
The reasons for the policy change are explained in Governors and Managers: Action Notice 065a/18.
The Action Notice explains the material changes in the previous policy and the new presumptions against HDC. We are presently considering a number of cases to see if there is a basis for Judicial Review. To date, the SPS website has not been updated to reflect the change and, as a result, the associated guidance has not been published. We have had a number of calls from prisoners and their families about the impact of this change in policy. We thought it might be helpful to publish the new draft guidance here.
Should you have any questions, please do not hesitate to get in contact.
Mr Smith studied Law at the University of Aberdeen and completed his diploma in Legal Practice at the University of Strathclyde in 2002. Mr Smith trained at a firm in Ayr receiving a broad training in criminal, civil and conveyancing. He moved to Glasgow in 2005 to work for a well-known high street legal aid Firm where he became a Partner.
Mr Smith joined McGreevy & Co., in December 2012 bringing with him to the Firm his knowledge of Criminal Defence, Prison Law and Parole. Mr Smith has a keen interest in the representation of Life Prisoners and all of the issues surrounding their imprisonment. Mr Smith is also a Notary Public.