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scotkaz · Joined: 28 Aug 2008 Posts: 526

I thought perhaps we could have somewhere to post News Articles from during the week instead of starting new threads with every article.

Of course if an article is worthy of a thread of its own I would think it should have its own thread.

scotkaz · Joined: 28 Aug 2008 Posts: 526

http://www.heraldscotland.com/new...rowing-prison-population-1.919175

‘One in, one out’ plan to cut Scotland’s growing prison population

Lucy Adams

Published on 11 Sep 2009

Scotland’s prisons should consider a controversial “one in, one out” model to deal with overcrowding, the chief executive of the service said.

Mike Ewart, head of the Scottish Prison Service, said the country should look at the safety valve system of other European countries and revealed that the country is the “best” in Europe for locking up its own people.

Speaking exclusively to The Herald ahead of a major speech in Edinburgh today, Mr Ewart suggested that the global recession could also encourage people to make the right choice in

locking up less offenders.

“We are unique in Europe in having no safety valve in the prison system and prisons are committed to taking everyone sent to them by the courts,” he said. “Other European jurisdictions like Norway have no overcrowding because they have a waiting list.

“Most European jurisdictions, including Ireland, have a one in, one out system referred to as administrative release. It means releasing those in custody to be able to take new admissions.

“It would be extremely contentious to have a safety valve in Scotland but something we may have to consider. When we reached the point about a year ago of being dangerously overcrowded, then by our assessment we would have had to have considered it.

“If we had lost any accommodation through fire or any other incident, this is what we would have had to have done. When the mains water supply to Barlinnie failed, I spent sleepless nights wondering how I would decamp 1500 people.

“We would have had to have made some very rapid assessments and moved some into other establishments and moved those posing the least risk into the community on temporary release.”

Mr Ewart’s comments follow on from last year’s Prison Commission report called Scotland’s Choice. The report by former First Minister Henry McLeish presented two paths: continue as we are with ever-increasing prisoner numbers, or take positive steps to make the country safer by ending our reliance on prison as the answer to all problems.

Since then the Scottish Government has published a draft bill with a presumption against custodial sentences of six months or less and called for a greater emphasis on community sentences with an element of “payback”.

The commission pointed out that Scotland jails more and more people who are “troubled and troubling rather than dangerous”.

“The average daily population is 8000 to 8500, which is greater than almost all European countries, certainly central and Western jurisdictions,” said Mr Ewart.

“In comparison to most of our neighbours – not just in Scandinavia but Ireland and France, we have significantly more national prisoners.

“Most European jurisdictions have 20% to 50% from the non-national population, in England and Wales it is about 20% but in Scotland it is just 2.8%. It is for us to claim the rather undistinguished prize of being the champion European country for locking up its own people.”

With prison costing approximately £39,000 per year for an inmate compared to approximately £1500 for a community sentence, Mr Ewart suggested that the current global recession could help change public opinion.

“Reoffending can be made worse by imprisonment and in my opinion Scotland would be safer with less people in prison and this would also be a less expensive option,” said Mr Ewart, who will speak at the 15th Conference of

Directors of Prison Administration. “Increasingly jurisdictions are going to be facing questions about the cost of prisons, against a background of reducing public expenditure. This could persuade people to make the rights choices.

“Any other service would rationalise by price or availability or use waiting lists like the NHS. For some reason if you are a bad guy you don’t have to wait.”

Scotland’s prisons should consider a controversial “one in, one out” model

allan mcleod · Joined: 10 Jun 2007 Posts: 157

Scotkaz - Great idea !!

Just a thought - how about a having a new thread on the forum entitled - i.e HELP - ADVICE - SUGGESTIONS, where anyone fighting for justice can ask for some advice on say some complex matters in the hope that someone viewing the forum may be able to help, suggest or advise them in some way.

We are all fighting for truth and justice, therfore, I say - all for one and one for all.

scotkaz · Joined: 28 Aug 2008 Posts: 526

posted in wrong part.

Going to add what you suggested Allan

scotkaz · Joined: 28 Aug 2008 Posts: 526

http://news.scotsman.com/scotland...land-jails-more-of-its.5638583.jp

Scotland jails more of its citizens than any other European state

Published Date: 11 September 2009
By David Leask
SCOTLAND now jails more of its own citizens than any other nation in western Europe, despite crime rates falling to a 25-year low, new figures have revealed.
Scotland's official incarceration rate has even leapfrogged Turkey, traditionally seen as having one of the harshest penal regimes on the continent.

One expert yesterday said Scotland's soaring prison population had become an "international embarrassment".

Scotland officially had 8,124 people in its overcrowded prisons as of July of this year, driving its incarceration rate – the number of people in jail per 100,000 of the total population – to 157, according to the "World Prison Brief" from King's College, London.

That figure falls behind only Spain and Jersey, the tiny jurisdiction in the Channel Islands.

However, more than a third of prisoners in Spain and more than a quarter of those in Jersey are foreign nationals. In Scotland, just 2.8 per cent of those locked up are from abroad.

England and Wales have an official incarceration rate of 153, just behind Scotland. But 13.6 per cent of prisoners south of the Border are foreign.

One Scottish prison insider said: "We lock up more of our own people than anyone else in western Europe. We are basically completely out of kilter with our neighbours and the countries against which we benchmark ourselves.

"The politicians have to realise that the kind of levels of prison population we have are just not normal."

Robert Brown, the Liberal Democrat MSP, and a former prosecutor, said: "These figures are a dramatic representation of the failures of Scotland's prison policies over the years.

"While some countries are getting to grips with these issues, we seem stuck in a 'we must get tough' criminal justice agenda which just hasn't been working."

The Scottish Government – backed by a major commission led by former Labour first minister Henry McLeish – has called for radical reforms to cut prison numbers. Mike Nellis, a professor at Strathclyde University, said: "Scotland can take no pride in coming out at the top of the league table of countries who jail indigenous citizens.

"In fact, it is an international embarrassment. Sending more people to jail, in what is a coming age of austerity, is like sending more good money after bad."

A spokesman for the justice secretary Kenny MacAskill said: "These figures confirm what we already know. While crime has fallen in Scotland, we continue to lock up more offenders than ever before. Yet there is no evidence that the Scottish people are inherently bad."

Reoffending rates, the spokesman added, are higher for people who have served jail sentences than for those who are given an alternative to custody.

Bill Aitken, the Conservative justice spokesman, said: "Prison is acting as a deterrent in some of these other European countries. Clearly, in Scotland it does not."

scotkaz · Joined: 28 Aug 2008 Posts: 526

http://news.stv.tv/scotland/north...ld-see-highland-murderer-cleared/

New DNA evidence could see Highland murderer cleared

James Casey (pictured) was convicted at the High Court in Inverness of robbing and murdering 37-year-old Ian MacBeth at Invergordon in 2001.

A man convicted of a brutal murder 18 years ago in a case which shocked the Highlands could be cleared.

James Casey, 44, was convicted at the High Court in Inverness of robbing and murdering 37-year-old Ian MacBeth at Invergordon in 2001.

The 37-year-old was struck at least eight times on the head by a hammer during the horrific attack.

Casey, then 26, was sent to prison for 20 years but had his sentence reduced to 11 on appeal.

Co-accused George McNairn, then 23, was cleared on the murder charge but found guilty of robbery and sentenced to 18 months.

Now the Scottish Criminal Cases Review Commission has referred the case to the High Court after examining new DNA evidence suggesting there may have been a miscarriage of justice.

They said the main evidence against Casey was forensic evidence of bloodstained clothing, including two pairs of gloves, and other items bundled together in a black bin liner.

The High Court in Inverness was told that these had Casey's fingerprints and were disposed of by him following the murder.

A spokesman for the commission, which examines alleged miscarriages of justice, said: "The commission instructed DNA analysis of the two pairs of gloves found within the black bin liner.

"The DNA findings constitute fresh evidence of such significance that the verdict of the jury, reached in ignorance of its existence, may have led to a miscarriage of justice."

Casey was released in October 2002, but four weeks later he robbed a post office in West Lothian, making off with £1,400.

He was identified by his victim and sent back to jail for a minimum of 14 years after a trial at Edinburgh High Court in 2003.

Last updated: 11 September 2009, 13:47

scotkaz · Joined: 28 Aug 2008 Posts: 526

New evidence in 1991 murder case
Commission in court move as fresh forensic findings point to a possible miscarriage of justice

By Jane Candlish

Published: 11/09/2009

More Pictures

A murder case which horrified the Highlands has been sent back to the High Court after new DNA evidence suggests there might have been a miscarriage of justice.

James Casey, now 44, was jailed after being found guilty at the High Court in Inverness of robbing and murdering Ian MacBeth at Invergordon in Easter Ross in 1991.

Mr MacBeth, 37, the manager of Invergordon Social and Recreational Club, was said to have been struck at least eight times on the head by a hammer during the attack.

Casey, then 26, was sentenced to 20 years in prison, reduced to 11 on appeal.

Co-accused George McNairn, then 23, was cleared on the murder charge but found guilty of robbery and sentenced to 18 months.

Now the Scottish Criminal Cases Review Commission has referred Casey’s case to the High Court.

They said the main evidence against Casey was forensic evidence of bloodstained clothing, including two pairs of gloves, and other items bundled together in a black bin liner bearing Casey’s fingerprints and disposed of by him following the murder.

A spokesman for the commission, which examines alleged miscarriages of justice, said: “The commission instructed DNA analysis of the two pairs of gloves found within the black bin liner. The DNA findings constitute fresh evidence of such significance that the verdict of the jury, reached in ignorance of its existence, may have led to a miscarriage of justice.”

The commission examines cases after convicted people have failed in all other avenues of appeal and apply to them for a review. After examining the application, they assess the background of the case, and in particular the reasons the person puts forward for claiming innocence.

Casey was released in October 2002, but four weeks later he robbed a post office in West Lothian. Casey escaped with £1,400 but was identified by his victim and sent back to jail. He was sentenced to serve a minimum of 14 years after a trial at Edinburgh High Court in 2003.

Source: http://www.pressandjournal.co.uk/Article.aspx/1391506?UserKey=
_________________
Great Spirit, grant that I may not criticize my neighbor until I have walked a mile in his moccasins." - Old Native American Indian Prayer that my dad taught me.

scotkaz · Joined: 28 Aug 2008 Posts: 526

http://www.dailyrecord.co.uk/news...o-scotland-to-die-86908-21671932/

Moors murderer Ian Brady: I want to return to Scotland to die

Sep 14 2009 By Mark Smith

MOORS murderer Ian Brady wants a move to a Scottish jail - after being inspired by the release of the Lockerbie bomber.

Lawyers are set to launch a bid for evil Brady, who was born in Glasgow, to be transferred to a Scottish secure hospital.

And they hope that Scotland's justice system will allow him the right to die, as he is currently being kept alive by force-feeding following a hunger strike.

But opposition MSPs last night reacted with fury at the prospect.

Brady's lawyer Giovani di Stefano confirmed that the "compassionate release" of Lockerbie bomber. Megrahi by SNP justice secretary Kenny MacAskill had inspired the request.

He said that, after Megrahi's release: "Scotland could hardly deny Brady a return."

Di Stefano added: "There is no reason Brady should not return to his own country just like Mr Al Megrahi did.

"The attitude regarding mental health in Scotland is perhaps somewhat diverse to the UK, and I have told Brady that he may well achieve his goal by being transferred there.

"However, this would not be the political hot potato that the Megrahi decision caused."

Tory justice spokesman Bill Aitken last night reacted with horror at the prospect of Brady, 71, coming here.

He said: "Having seen what happened with Megrahi, obviously Brady thinks that he will betreated similarly softly.

"The word has obviously got round that in Scotland jail is a 'skoosh'. This is why he is seeking to come here."

Calling on any transfer request to be rejected, Aitken added: "Brady's connection with Scotland is now so old that there is no justification for it."

Brady is currently held in Liverpool's Ashworth Hospital. The vile child killer is being force fed after being on a series of hunger strikes over 10 years.

With his notorious lover Myra Hindley, Scot Brady tortured and murdered five youngsters in the early 60s.

Brady was sentenced in 1966 to life in prison. Hindley died in 2002 aged 60, while Brady remains imprisoned in a hospital psychiatric wing.

He began a hunger strike in 1999 and went to the High Court in London in 2000 to try and stop medics forcefeeding him. Lawyer di Stefano now aims to have Brady moved under the Repatriation of Prisoners Act 1984.

He revealed: "All Brady wants is to be moved to a prison and be allowed to die. He is responsible for killing at least five people - maybe more. All he wants is for his case to be heard fairly and we believe that will happen in Scotland.

"Having been born and raised in Scotland, the country cannot refuse moves to have him transferred there.

"We would look to have Brady moved to Carstairs Hospital or a similar unit.

"We are then confident he would be declared fit enough to be moved to a mainstream prison. Once there, he could then take the decision whether he wanted to eat or not."

Di Stefano, branded the Devil's Advocate for representing clients such as Saddam Hussein, went on: "Brady is evil, without a doubt.

"He doesn't want out - he simply wants to be left to die. We believe Scotland offers the best opportunity for him."

The move comes just weeks after Brady rejected a plea from the mother of victim Keith Bennett, 12, to reveal where he buried her son.

Brady vowed to never again speak about the killings, declaring: "This is my last word on the matter."

scotkaz · Joined: 28 Aug 2008 Posts: 526

http://www.heraldscotland.com/new...cking-to-megrahi-release-1.919658

Desmond Tutu gives backing to Megrahi release

Published on 13 Sep 2009

Archbishop Desmond Tutu has backed Justice Secretary Kenny MacAskill’s decision to allow the man convicted of the Lockerbie bombing to return to Libya on compassionate grounds.

The South African cleric said that Mr MacAskill’s decision to free Abdelbaset Ali Mohmed al Megrahi, who has terminal prostate cancer, should be "commended".

The move sparked controversy, as some families of the 270 victims of the bombing criticised the decision and President Barack Obama told Gordon Brown of his "disappointment" that Megrahi had been released.

But in a message sent to the Scottish Government, Archbishop Tutu welcomed Megrahi’s release from Greenock Prison. "I believe the Scottish Justice Secretary’s decision to release Mr Megrahi on compassionate grounds is to be commended," said the former Nobel Peace Prize winner.

"One understands the anguish of family members and friends of the victims but they honour their memory more by being compassionate than retributive."

The 77-year-old added: "The outcry has been caused not so much by the release as by the welcome he got in Libya. These two issues should be separated."

His message was sent as the health of Megrahi, the only man to be convicted over the bombing of Pan Am flight 103 over Lockerbie in 1988, is reported to have deteriorated markedly.

His lawyer, Tony Kelly, said he could not "confirm or deny" the claims, but Megrahi’s brother, Abdenasser, said: "He is at a special ward at Tripoli Medical Centre. His condition has deteriorated rapidly. He is unable to speak to anyone."

Archbishop Tutu is the second world figure to back the release, after Nelson Mandela also welcomed the move.

SNP Westminster leader and foreign affairs spokesperson, Angus Robertson, said: "The fact is that many people from across the parties, the legal fraternity, churches, civic Scotland and throughout the world have endorsed Kenny MacAskill’s difficult decision to send Megrahi back to Libya to die.

"Archbishop Tutu’s views demonstrate that there is a great deal of international respect and support for what was a compassionate decision by the Justice Secretary."

Campaigners are pressing ahead with calls for the UN General Assembly to hold an inquiry into the bombing after Megrahi dropped the second appeal against his conviction just before his release.

Asked about the chances of success, Professor Robert Black, one of the original architects of the trial at Camp Zeist, said: "I think it’s pretty good. There are a lot of countries that don’t think we’ve seen the truth and would like to see that uncovered."

Meanwhile, there was confusion over whether any trial in the case of a policewoman murdered outside the Libyan embassy in London 25 years ago would take place in Britain.

A newspaper reported that an agreement was secretly struck three years ago, when trade deals worth hundreds of millions of pounds were being negotiated with Tripoli, that would result in Yvonne Fletcher’s killer going on trial in Libya.

Ms Fletcher’s mother said she had not been informed of a deal and Tory MP Daniel Kawczynski, chairman of the all-party parliamentary group on Libya, accused the Foreign Office of "deliberately misleading" the family.

Big Wullie · Joined: 25 Apr 2007 Posts: 1149 Location: Glasgow

Scotkaz

http://news.stv.tv/scotland/north...ld-see-highland-murderer-cleared/

With reference to the above James Casey case.

This is very very alarming for the following reasons:

1. It was only in 2001 he was convicted

2. It now appears to show that Crown Office could have instructed this DNA test then.

It will be interesting to find out if the DNA inside the bag Matches the victim or not and if Not then why did the Crown proceed with this case.

If they proceeded knowing this at the time then this is even more alarming.

One to watch for I think.

Having said all this above we have come to expect a lengthy time before these cases come to Appeal Court after the SCCRC have referred them.

Stuart Gair and George Beattie are classic examples, 8+9 years they took after SCCRC referred their cases before the Appeal Court heard their cases.

So one to watch for after next year at least.

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