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FAQs

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About SPARC's Services

No – advocacy support for people experiencing prison, who have previously experienced prison, and their families is totally free. This is funded through external grants, such as those from the National Lottery and the First Port “start it” fund, as well as through consultancy and training provided to organisations.

If you are in a Scottish Prison Service (SPS) prison, we usually require a signed SPS mandate. The person in custody must request this from prison staff, sign it, and then return it to the staff before the SPS will discuss a client’s case with SPARC. If it is a healthcare-related issue, then this would require an additional NHS mandate.

If it also includes private healthcare companies, such as Ailsa Care, we would need an additional mandate allowing someone from SPARC to speak to them directly on your behalf. The clients must also request these, sign them, and then return them to the healthcare provider before SPARC can discuss the client’s case.

Suppose you are a family member and the help is along the lines of how to contact your MP on behalf of someone in prison, or how to contact the SPS or your local community justice social work on their behalf. In that case, all we usually need is an email from yourself to our email address instructing us to do so.

There are “contact SPARC” links throughout the website, as well as email information under “get in touch” at the bottom of this page. Feel free to contact us, even if it’s just for something you feel is general and don’t want to bother anyone with. We’re happy to help.

Members of SPARC are not solicitors/lawyers or legal professionals in any way. However, we have provided a reference for people for their parole hearing, that we have been assisting them in accessing services upon release.

Yes. We will help you find the correct people to complain to and help you understand your rights and the complaints process.

The progression system in Scotland is best described as the hoops you have to jump through in order to have the best chance at receiving parole, and it means different things to different types of prisoners.

Short-term (under four years) prisoners are eligible for the Home Detention Curfew Tag (HDC Tag). Home Detention Curfew (HDC) allows some people serving short prison sentences in Scotland to spend the last part of their sentence at a suitable home address, under a curfew with an electronic tag. This group of prisoners can expect to go through a six-stage process within prison to be released from prison on tag. To qualify, they must serve at least 25% of their sentence, have a suitable address approved by Social Work, and not be excluded by law. The curfew usually runs overnight (around 12 hours), and people must follow the licence conditions. If conditions are broken, they can be recalled to prison. HDC can last up to 180 days before the halfway point of a sentence and aims to support safer reintegration into the community. For a more detailed breakdown of the various stages and processes of HDC, please follow the link to our HDC factsheet.

Long Term Prisoners (LTP) (over four years). In general, this group of prisoners can expect to need a generic assessment, which tells the prison service which offender management courses they need to complete before being considered for less secure conditions. After being assessed, this group will be informed of the courses they need to complete. They will then go on a waiting list for these courses, and when a place becomes available, they will be moved to whichever prison across Scotland is running that course. Once completed, they can expect to sit on a Risk Management Team (RMT) board, which is a multidisciplinary board meeting that discusses your case without your presence or representation (other than a small written statement you can submit). They look at your history of drug tests, your years of Integrated Case Management (ICM) reports and a report from your personal officer, as well as any other relevant reports from your Criminal Justice Social Worker (CJSW) in the prison and/or in the community. You will then either “pass the board” or not. If so, you will go on the waiting list for Castle Huntly. All of this is time-consuming and a period of considerable uncertainty, not just for the person in prison and their families, but at times for the prison service, where different departments can give conflicting information.
A Life Sentence prisoner, either discretionary (also called an Order of Lifelong Restriction) or mandatory, can expect to do much the same as an LTP. However, before going to Castle Huntly, they must first go to a National Top End such as Chriswell House in Greenock or Letham Hall in Barlinnie. Here they can expect to serve up to two years before being considered for “progression” to Castle Huntly, which is usually broken in half, where the first half is escorted leave to their house or a shopping centre, and the second part is a ‘placement’ usually in a charity shop or gardening on a Golf Course. Successful completion of these ‘tests’ will then lead to a person being considered for progression at an RMT (see above).
The final stage of some LTP/life sentenced prisoners is Castle Huntly, where they will also get a placement and home leaves. Home leaves can be for between two and seven days, where the person is released on a temporary release license with conditions. They can remain in Castle Huntly for up to two years before being considered for parole, where all of the above will be taken into account.

Parole is a process by which the Parole Board for Scotland determines whether an individual in prison can be released early under supervision in the community. The decision is based on whether they can be managed safely outside prison, which your Community Justice Social Worker usually indicates. A parole dossier is created, which includes everything from the sentencing judge’s report, all misconduct reports (if applicable), reports from your CJSW inside and outside of prison, reports from any agencies you have been involved with, and any other relevant documents. You should always get the opportunity to be heard at your own hearing, and you are entitled to legal representation.

Parole hearings can take anything from 20 minutes to a few hours. Usually, they will have already reviewed all the documents, and the members of the board hearing your case will each have the opportunity to ask you a few questions. They will then ask you to leave while they discuss your case. It can take anything from ten minutes to a day or two to hear back.

There is no difference, really. When you are granted parole, the Parole Board of Scotland will decide on your license conditions. They will agree to release you ‘on license’ with the terms to be overseen by your Community Justice Social Worker.

These last for the duration of your time on parole.

They typically include requirements such as staying at an approved address, not leaving the United Kingdom without permission, and not entering certain areas or premises.

This depends on the nature of the breach, your social work responsibilities, and the social work department. Unfortunately, our experience has shown that not all local authorities operate in the same manner, and some are more strict than others. Some can give you a local warning, which is still a warning but isn’t sent to the parole board. This can lead to increased supervision, such as going from being seen every fortnight to two or three times a week. It can lead to being told to cancel travel plans, even if the breach had nothing to do with the travel plans. Ultimately, the breach can be sent to the parole board with a request to have you recalled to custody.

This is usually one of two things. The first is where a person has a temporary release license from Castle Huntly or a National Top End and has been released for a set period of time. The other is where a person has been released on parole and is under the supervision of the local community justice social work. The second type of license, the person will usually have regular supervision’s with their CJSW, who will be assessing whether or not they can continue to manage their risk in the community. The person will have conditions they must adhere to, or their social worker will ask that the parole board recall them to custody. Home Detention Curfew (HDC), which also allows some people to serve part of their prison sentence in the community, is also done under strict licence conditions (see below).

HDC is an electronic monitoring device known as a 'tag' that allows some people to serve the last part of a short sentence at a suitable home address under curfew and licence conditions. The device is connected to a receiver box placed at the person’s address and alerts the authorities if you leave your address outside curfew times.

  • Short-term prisoners (sentences less than 4 years).
  • Must serve at least 25% of the sentence before release.
  • HDC period is up to 180 days before halfway point; minimum 14 days.
  • Need a suitable address checked by Social Work.
  • Exclusions: certain offences/orders (e.g., registered sex offenders, deportation cases).

Curfew & daily life on HDC looks like:

  • Electronic ankle tag with home monitoring equipment.
  • Curfew is usually about 12 hours overnight (e.g., 7:30 pm–7:30 am).
  • Times may be adjusted for work, education, or caring responsibilities.
  • Must stay at the approved address during curfew and follow licence conditions.
  • Equipment needs electricity and communicates with the monitoring centre.

Breaking curfew, tampering with tag, or otherwise breaching the licence will usually lead to a person being recalled to prison.

If recalled, not returning is an offence (‘unlawfully at large’) and can lead to further time being added to a persons sentence.

Police have powers to arrest and return you to custody

For community support while on Home Detention Curfew (HDC) in Scotland, you can contact SPARC, as well as other support agencies such as Families Outside at 0800 254 0088, visit their website, or email [email protected].

You can also get support from Citizens Advice Scotland or your local council. If you are having trouble with the equipment used to monitor you or the person you are acting on behalf of, contact the G4S helpline (0800 840 0783).

If you are concerned about your safety or security whilst in the community on HDC, you can also contact the G4S helpline, local authority social work, the prison's HDC Manager, or the Family Contact Officer.

The Protecting Vulnerable Groups (PVG) Scheme is a Scottish Government membership scheme administered by Disclosure and Protection Scotland. It was designed to ensure that people who are unsuitable to work with children or vulnerable adults cannot undertake regulated work with them.

Unfortunately, many employers and some universities insist on disclosure checks before employing people or allowing them to study, even when the role does not require it.

That being said, anyone in Scotland doing “regulated work” with children or protected adults, such as teachers, care workers, healthcare staff, or certain volunteers, must be a member of the PVG Scheme. Your employer or organisation will tell you if your role requires it.

Having a criminal conviction doesn’t always mean you can’t join or stay in the PVG Scheme. Disclosure and Protection Scotland will assess the type of offence, when it happened, and whether it’s relevant to working with children or protected adults. For certain serious crimes, you may be considered for barring, which could result in being refused membership or removed from the scheme.

Yes. If Disclosure and Protection Scotland refuses PVG membership, or bars you from working with children or protected adults, you have the right to appeal to a sheriff court within 3 months of the decision. The appeal process looks at whether the decision was lawful and reasonable.

In Scotland, you can apply to Disclosure Scotland for a basic, standard, or enhanced disclosure, depending on what you need it for. A basic disclosure reveals any unspent convictions, while higher levels provide more detailed information for specific jobs or roles. You can apply online or by post through Disclosure Scotland.

Under data protection law, you can also make a subject access request (SAR) to Police Scotland or the Crown Office and Procurator Fiscal Service (COPFS) to find out what personal information they hold about you. This can include records beyond criminal convictions. Some information may be withheld if its release would compromise an investigation or another person’s privacy.

You can find your elected representatives by entering your postcode on official websites:

MSPs: www.parliament.scot/msps

MPs: www.members.parliament.uk

Local councillors: Check your local council’s website.

Once you know who they are, you can phone their constituency office, send them an email, or write to them. Their contact details are listed on their official profile page. MSPs and MPs also hold regular surgeries where you can speak to them in person.

Whilst you can call all go to a drop-in in the first instance, we would always advise putting absolutely everything in writing so there’s a (digital) paper trail.

Keep it clear and concise. Explain:

  1. Who you are and that you live in their constituency.
  2. The issue you’re concerned about.
  3. What action you’d like them to take.

Stick to one topic per letter and be polite, even if you feel strongly; however, don’t feel pressured into not getting your issue heard – these people work for you and the person in prison you’re supporting.

Yes. We can help you structure your letter, make your points clear, and ensure it explains how the issue affects you. We can’t guarantee a response from your representative, but we can help you present your case effectively and then consider your options.

You keep your fundamental human rights, including the right to be treated with dignity and respect, to practise your religion, and to access healthcare. In Scotland, you are also covered by:

The United Nations Nelson Mandela Rules – international standards on the humane treatment of prisoners.

The European Convention on Human Rights (ECHR) protects rights such as life, privacy, and freedom from inhuman or degrading treatment.

The Prison Rules (Scotland) outline daily rights and responsibilities in prison, including visits, correspondence, and time out of your cell.

The Human Rights Act 1998 makes it unlawful for public bodies to act in a way that breaches your rights.

If you’re under supervision in the community, you also have rights to fair treatment, to know your licence conditions, and to access complaint procedures.

Under the Mandela Rules and Scottish law, you are entitled to the same standard of healthcare as people in the community. NHS staff, not prison officers, provide healthcare in Scottish prisons. This includes access to doctors, nurses, dentists, and mental health services, as well as ongoing medication or treatment you need.

However, this is one of the main areas people contact us for advocacy, as the NHS and SPS don’t always meet their obligations – if you or a loved one in prison is experiencing issues with this, get in touch.

You can:

  • Use the prison complaints process (there are two stages, with appeal rights), although this route continues to be fairly criticised by everyone who uses it as being unfair and not fit for purpose.
  • Speak to your personal officer or hall manager.
  • Contact SPARC, your lawyer, or organisations such as the Scottish Public Services Ombudsman (SPSO) or the Scottish Human Rights Commission.
  • Refer to the Mandela Rules, the ECHR, and the Prison Rules to verify if your rights are being met.

Always keep written records of what happened and when.

We are happy to discuss this and attend meetings if necessary.

Yes. We will help you find the correct people to complain to and help you understand your rights and the complaints process.