By Chris Green
Scottish ministers are considering whether specialist prison units should be created to house rising numbers of elderly inmates.
The move is part of a range of actions being examined to address the problem of Scotland’s growing prison population, which has included the emergency releases of inmates.
The most recent annual figures show that around 500 prisoners were over the age of 60 in 2023/24, more than double the figure recorded in 2013/14. Of these, almost 150 were aged 70 or over, triple the number recorded 10 years earlier.
Some elderly inmates have increasingly complex social care needs, as well as mobility issues, with many older prison buildings not built with accessibility in mind.
The issue even led one prison governor to call for a “secure care home” to be built.
As well as considering the options for elderly prisoners, ministers are also looking at whether younger people should be separated from the general prison population.
The Programme for Government unveiled by John Swinney in May committed to “scoping the feasibility of new specialist models of imprisonment for groups such as older and younger people”.
Under a law which came into force last year, no under-18s are held in Young Offenders Institutions in Scotland any more, with men aged between 18 and 21 held at YOI Polmont near Falkirk.
However, the most recent annual figures show that in 2023/24, almost 700 inmates in Scottish prisons were aged between 18 and 24.
A review of young people’s experiences of prison carried out by HM Inspectorate of Prisons for Scotland (HMIPS) last year found that under-25s held among the general prison population were “notably less positive” than those in Polmont.
“Given that the majority of people aged under 25 are held in the adult estate, this raises concerns about whether most young people receive the support they need, particularly given the evidence on the vulnerability and continuing emotional and cognitive development of young people,” it said.
“It also raises the question of whether any positive changes young people make to their lives while in the YOI setting and any benefits conferred by the relatively positive experiences they have there, may be lost after they move to the adult estate.”
“As the overall prison population ages and more older people convicted of historic sexual abuse enter the system, the situation is only going to get worse”
Emma Jardine, policy adviser at the Howard League Scotland, which campaigns for penal reform, welcomed the commitment in the Programme for Government but said planning for the rise in ageing prisoners should have taken place “years ago”.
She told 1919: “As long ago as 2017, a thematic review conducted by HMIPS highlighted serious issues with the way the ageing prison population was being managed.
“The review found incontinent older prisoners, who couldn’t get themselves to the toilet because they’d been given top bunks. That can’t be acceptable.
“As the overall prison population ages and more older people convicted of historic sexual abuse enter the system, the situation is only going to get worse.
“It’s therefore welcome that less secure alternatives are being investigated, but as always, we have to ask ourselves why do we not do something about issues like this before we find ourselves lurching towards yet another crisis?”
A Scottish Prison Service spokesperson said: “We have been managing a rising and extremely complex population for more than a year now, with eight prisons at red risk status, which is having a significant impact on our staff and those in our care.
“That complexity includes younger people – those under 21 – who are managed separately from adults, and a growing number of older people, who may have additional health, social care, and accessibility needs.
“It is welcome that the Scottish Government is looking at the most suitable custodial environments for these groups as we continue to work hard to meet the risks and needs of all people in our care, support their rehabilitative journey, and help build safer communities.”
A Scottish Government spokesperson added: “Our Programme for Government is clear that our prisons need to be well run, safe and orderly to accommodate those who present the greatest risk to the public.
“The complexity of risk and need of the prison population has increased including a rise in demand for social care, levels of remand, increased mental well-being needs and an ageing population with further health needs and mobility requirements.
“It is right that we take a measured look at how best our prison estate can respond to the challenges posed by the complex nature of the population.
“We have taken the right step of removing under-18s from our prison estate. It’s right that we now consider the custodial environment for young people given the particular needs and risks they have.
“We also have to be cognisant of our ageing population and the need to ensure our prison estate is fit for purpose and provides a range of support to help reduce re-offending and aid integration back into the community.”