Douglas Thomson, PRISONS, PRISONERS AND PAROLE Edinburgh: W Green & Son (www.wgreen.co.uk), 2007. xxiv + 274 pp. ISBN 9780414016927. £58.

Date01 May 2009
DOI10.3366/E1364980909001668
Published date01 May 2009
Pages362-363
AuthorRita E A Rae

Professor Andrew Coyle points out in a foreword that this book fills a gap in Scottish legal writing insofar as the area of prisons and prison law is concerned. I would agree with that sentiment although one should not omit to acknowledge the work by Jim J McManus, Prisons, Prisoners and the Law (1995). Prisoners have become increasingly litigious, particularly in the area of Parole Board decisions, although prison conditions have also featured in a number of recent cases. Indeed, when and if the provisions in the Custodial Sentences and Weapons (Scotland) Act 2007 dealing with this area are ever implemented, I suspect that the case law will increase substantially. There is currently much discussion as to the practical effect of that Act and this issue is touched upon by the author.

To date, there has been, at least in Scotland, very little in the way of textbook assistance in the area of the law affecting prisoners and their release into the community. The author of the work under review has embarked, however, upon a commendable but perhaps overly ambitious attempt to cover many areas in what is a relatively short book. This has inevitably led to a less than in-depth examination of some of the issues. In addition, with recent changes in areas such as bail, sentencing powers in summary crime, and fine defaulters, the book is already somewhat out of date.

It is, however, a practical and interesting book. It summarises many of the rules governing the prison system and the Parole Board work. It is a useful introduction to the myriad of complicated rules governing prisoners. The book can be seen as divided into four sections, the first two being the history of the use of imprisonment as a punishment (ch 1) and how one enters a prison (ch 2). The third section deals with life within the prison (chs 3-5) and includes a description of the structures and personnel within the institutions. The fourth section is, from a legal point of view, the most...

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