2. To ask the Scottish Government for what reason prisoners contesting their convictions are reportedly denied privileges afforded to the wider prison population. (S5O-00753)

Prisoners contesting their convictions are not denied privileges afforded to the wider prison population. A system of privileges is in place in every prison in Scotland. Although the system may contain different provisions, dependent on the security category of prisoners, or for prisoners detained in specific parts of the prison, it does not restrict privileges for those contesting their conviction.

My constituents Steven Green and Alan D’Ambrosio are both serving seven years in HMP Edinburgh. They both maintain their innocence and I find their grounds for appeal most compelling. They have already suffered unacceptable delays in the appeals process and have been told that while they contest their verdicts they cannot progress to HMP Castle Huntly and the significant privileges that that would afford. Does the Cabinet secretary agree that denying prisoners progression in such a way puts unfair pressure on people who might be innocent to abandon their appeals? What steps does he plan to take to address that?

It would not be appropriate for me to comment on an individual case relating to two of Mr Cole-Hamilton’s constituents. If an appeal is being pursued, it is a matter for the courts to determine.

Denying the index offence does not automatically exclude an individual from progressing to less-secure conditions. However, the Scottish Prison Service must consider the risk posed by an individual before considering whether they should move to less-secure conditions. The process in the Scottish Prison Service is that such work goes through an establishment’s risk management team, which is responsible for considering whether a prisoner should move to less-secure conditions. When an individual denies all or even part of their index offence, and that restricts their access to participation in any behaviour programmes that the SPS operates, the risk management team can also consider the findings in the context of a psychological risk assessment. Denying the index offence is not a provision that completely prevents a prisoner from being able to progress to less-secure conditions, but such matters are considered and decided upon by the risk management team within the establishment.