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Not Seen. Not Heard. Not Guilty. The rights and status of the children of prisoners in Scotland

7th Feb 2008

In this paper, the Commissioner highlights that the children of prisoners are the invisible victims of crime and of our penal
system. Their voices are silenced by the shame and stigma associated with imprisonment. They are not, seen, not heard and, importantly, not guilty. This report examine the laws, policies and practices that are significant for these children.

It is suggested that about 13,500 children are affected every year by the imprisonment of a parent. However, this is probably an underestimate. The recent substantial increase in the numbers of people imprisoned will mean more children will be affected. As well as the emotional loss of contact with a parent or significant carer, children may suffer from financial disadvantage, a need to move house, bullying, shame, stigma, stress and the loss of a carefree childhood.

Issues for children include:

1) Frightening and bewildering experiences when their parent is arrested at home.

2) Mothers may be more liable to imprisonment than other adults because community service alternatives may be regarded as unsuitable where there are no associated childcare facilities.

3) Children will be affected, for good or ill, by the temporary release of a parent or a decision to operate a Home Detention Curfew associated with electronic monitoring. Children’s interests should be explicitly taken into account when these decisions are made.

The report makes 28 recommendations directed towards the Scottish Parliament, Scottish Ministers, the Scottish Prison Service, Local Authorities, Community Justice Authorities, Chief Constables, and all those involved in issues associated with the children of prisoners and debates on alternatives to imprisonment. The recommendations aim to:

1) Encourage policy makers to integrate children’s rights into their thinking about responses to offending behaviour;
2) Encourage training to raise awareness of children’s rights and needs amongst Community Justice Authorities and police officers making arrests;
3) Promote an approach to sentencing that takes account of the impact on children;

Further Information:
To view the full report click on 'Document Download' below.

To view a summary of the report click on 'External Link' below.

External Link

Document Download

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