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PRISONS, PRISONERS & PAROLE 2ND EDITION DOUGLAS THOMSON • • • •

How do people get into prison? What happens when they are inside, and on release? How might a prisoner be granted parole? What avenues are open for prisoner complaints?

Douglas Thomson answers these questions with specific reference to relevant legislation and case law, ensuring you have the trusted, daily guidance you need.


PRISONS, PRISONERS & PAROLE 2ND EDITION DOUGLAS THOMSON This is the only current text dedicated to prisons law in Scotland, and there has never been a more relevant point to publish. Since the previous edition in 2007, two prisons have closed and two opened, with four more scheduled for replacement. There has been substantial legislative change in this time, with the parole board altering its practices and procedures, and several high profile issues such as prisoner votes and use of telephones in prison having been considered by the civil courts. This essential new text shines a light on these concerns and provides guidance through them for solicitors and counsel, social workers and those with an interest in criminology and penology; and of course the parole board themselves. You can have the answers you need, with detailed explanation from an expert author. Whether you require clarification on the PSS system of supervision classifications and prison complaints procedure, or advice on sentencing practice this is the ideal trusted tool to ensure you have the up-to-date information you need.

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Key areas covered include:

Contents:

• An analysis of Parole Board practice

• The Development of Imprisonment in Scotland

• The major reform of the Prisoners and Criminal Proceedings (Scotland) Act 1993 - including the law governing release on Home Detention Curfew

• Admission into Prison

• Recommendations and changes as a result of the report of the Scottish Prisons Commission in 2008 • The operation of the Prisons and Young Offenders Institutions (Scotland) Rules 2011

• Basic Structures and Personnel of the Scottish Prison Service • Daily Life in Prison • Testing for Drugs and Alcohol, Searching and Disciplinary Offences • Day Release, Compassionate Release and Release other than on Licence • Parole and Non-Parole Licence

• The growing use of litigation to address prisoners’ perceived grievances

• Life Prisoners and Punishment Parts

Key cases covered include:

• Conclusions and Looking to the Future

• Boyle v HMA and Gemmell v HMA Sentencing discounts

• The Life Prisoner Tribunal System • Recall and Re-release

• Petch and Foye v HMA Discretionary life sentences • Potter v Scottish Ministers, Somerville v Scottish Ministers, Laidlaw v Parole Board for Scotland - Civil litigation by prisoners

It is important to feel confident in your access to the answers and guidance that you need. This 2nd edition of Prisons, Prisoners & Parole supplies it. Douglas Thomson is a practising criminal solicitor advocate with McArthur Stanton, Dumbarton and former legal member of the Parole Board for Scotland Publishing April 2013

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Prisons, Prisoners and Parole