Section 3 – Veterans and the Law: Post Conviction
Policy and Operational Context
Non-Custodial Sentences
A variety of non-custodial disposals are available in Scotland including the Community Payback Order (CPO), and the Drug Treatment and Testing Order (DTTO). The veteran status of individuals who receive a non-custodial sentence is not recorded, so there is currently no data on how many veterans in Scotland receive these sentences, or whether non-custodial sentences have better outcomes for veterans.
Some local authorities in Scotland have piloted Structured Deferred Sentences with good outcomes reported. These offer the courts the option to provide a short period of intensive supervision to individuals post-conviction, but prior to final sentencing. They are designed to help individuals address their underlying issues, improve their employment prospects, and build a sense of routine and self-esteem, allowing them to move away from offending. Currently mainly undertaken by women or young people who have been convicted this may also be a suitable option for veterans, but they would need to be identified for this to be put in place.
Custodial Sentences
The challenges and restrictions of the covid pandemic had an impact on the capacity of the Scottish Prison Service to provide specific support to veterans in custody. Many initiatives had to be paused or reduced and are only now getting back to a regular rhythm. It is worth also noting the current challenges faced by the wider Scottish penal system, in particular the high numbers of people serving prison sentences and on remand and the increasingly complex needs of those prisoners.
Every prison establishment in Scotland has a Veterans in Custody Support Officer (VICSO). Numbers fluctuate but there are currently around twenty in post. These are formally designated roles, filled on a voluntary basis by prison officers who are (almost all) veterans themselves.
The types of activity and support will vary between establishments, in part due to logistics and numbers involved. Generally, the VICSOs will arrange regular informal gatherings such as coffee mornings, facilitate specific projects within prison such as the development and maintenance of memorial gardens and art and craft activities, and lead commemorations and celebrations for the armed forces. They will organise visitors who can provide armed forces specific support to the veterans in custody, including input from SSAFA, Sacro, local authority Veterans Champions and others.
Mainstream and Protected prisoner populations are not allowed to mix in prison for reasons of safety and security. Due to the relatively high numbers of veterans in the protected population VICSOs duplicate activities such as coffee mornings so that both groups of veterans can benefit. This further adds to the workload of VICSOs.
VICSOs work differently in different prisons. Some have protected time whereas others use days off or breaks to meet with veterans in their charge. While the Prison Governors in Scotland are supportive of the VICSO role, they are responsible for balancing the required people resource in line with operational priorities and pressures. There is overall coordination of the VICSO network, with twice yearly meetings chaired by the Governor of HMP Perth to share good practice and get updates from other stakeholders.
Justice Social Work
Justice social work services are part of local authorities, which are responsible for the delivery of community orders and related justice social work interventions, with support from partners including third sector organisations.
Community justice partnerships in local authority areas are made up of a number of statutory partners and are supported by Community Justice Scotland.
Local authority justice social work teams provide a range of services, including:
- assessments and reports to assist decisions on sentencing
- court services to assist those attending court
- bail information and supervision services as an alternative to custodial remand supervising people on social work orders (e.g. community payback orders) to tackle offending behaviour
- supervising people who need to perform unpaid, useful work for the benefit of the community
- prison-based social work services to those serving custodial sentences
- preparing reports for the Parole Board to assist decisions about release from prison
- throughcare services including parole, supervised release, and other prison aftercare orders to ensure public safety
- delivering group work interventions on programmes such as Caledonian and Moving Forward Making Changes
Third sector support
As noted in section 2 of this report, the Sacro Veterans Mentoring Service provides support to veterans who come into the criminal justice system. They provide that support to those in prison or who receive a community disposal, and to those who have served their sentences. The key outcome is for those individuals to reduce or eliminate the risk of re-offending and to live safe and independent lives. For those in prison support is concentrated in the 12 week period leading up to the release date of the veteran, though they also provide advice and support to veterans earlier in their sentences where possible.
SSAFA have a (recently increased) network of volunteers who undertake in-reach activity across the prison estate in Scotland as well as supporting veterans on probation or undertaking community sentences. This includes practical and emotional support, financial support, and signposting to other services. Importantly, this support is also provided to the families of veterans in the criminal justice system.
There will also be a range of other local organisations and partners who support veterans in custody in Scottish prisons.
Testimony to the Commissioner
With the support of Prison Governors, VICSOs and other staff, I met with over fifty veterans in custody on visits to HMP Perth, HMP Glenochil, HMP Edinburgh, HMP Shotts and HMP Inverness. The discussions and issues raised were wide ranging, but most touched on access to mental and physical health care and support, impact on families, qualifications and skills development while in prison, employment opportunities and housing provision on release, and challenges associated with the conditions in prison.
Some veterans noted that their Service backgrounds meant that some aspects of prison life, such as structure and routine, were natural to them. However, it was also noted that things that were important to them such as hygiene and tidiness became challenging if other prisoners (particularly cell mates) did not respect that.
The veterans I met in custody had obviously declared their status, so were part of the groups supported by the VICSOs. Both veterans in custody and VICSOs said they knew there were other veterans who had chosen not to declare, but their reasons for this will vary.
Veterans in custody greatly appreciate the support provided by VICSOs. They enjoy the opportunity to meet in a group - described by one as ‘being with our own kind’ – to share experiences and support each other. These get togethers also allow them to engage directly with veteran specific support services, such as Sacro, SSAFA and Fighting with Pride. VICSOs noted that support from other organisations is variable geographically across Scotland, which means a lack of equity depending on where a veteran is imprisoned.
VICSOs are generally content that the position is voluntary, and they welcome the opportunity to use their skills, knowledge, and experience of the armed forces to give something back to their fellow veterans. All were passionate about supporting veterans and committed to the role, most going over and above what might be expected of them, including coming in on their own time.
VICSOs see the role as important, but most wished for more dedicated time to fulfil the role. It is, for example, disappointing when gatherings are cancelled due to (understandable) operational priorities so actions to keep that to a minimum would avoid the likelihood of veterans disengaging with the support available to them.
The level of knowledge held by VICSOs varies, with some noting that they would benefit from a greater understanding of the veteran support services they could access on behalf of veterans in custody.
Importantly, VICSO led meetings provide links to other parts of the prison system, for example visitor centres and services. These provide support to families of veterans and can signpost to charities and other organisations who can help.
A successful project took place in Perth and Castle Huntly prisons where veteran prisoners created paintings. SSAFA prison volunteers and prison staff organised a public exhibition of these painting in Kinross where I viewed the artwork which was on sale in aid of SSAFA. It was clear that the veterans involved very much valued this project, the opportunity it gave them to contribute and to have their work recognised.
Notwithstanding the examples of good practice I heard about, it was noted that the systems and mechanisms of support were inconsistent between establishments.
Some veterans in custody commented that they felt their interaction with Justice Social Workers was disappointing. Their veteran status was not recorded or felt to be of any significance. Some felt that Justice Social Workers did not understand their experiences and needs as a veteran or have an appreciation that this was an important element of their identity.
I received positive feedback of examples where veterans had undertaken community orders / disposals in a veteran or service-related location. This might be maintaining war memorials, working in a veteran hub or charity, or taking part in veteran specific outreach activity.
I met with support providers including Sacro, SSAFA and Nova Scotland (Forces Employment Charity) who currently provide services for veterans in custody in Scotland. I heard about the positive outcomes for veterans and family members supported by these organisations. It was encouraging to hear about collaboration between the statutory and voluntary sectors.
I also met with Care After Combat who do not yet operate in Scotland but provide in-prison support to veterans in England as part of OP NOVA delivery. They provided data that pointed to a significant reduction in re-offending by veterans who had been mentored while in prison and noted that 79% of Op NOVA clients lead to a crime free life compared to a national average of around 25%.
Op NOVA staff emphasised the effectiveness of providing regular and consistent rhythms of activity in prisons.
It was repeatedly noted that the support SSAFA provide to veterans – and particularly to their families – was hugely valued. It is often the ‘everyday’ things, such as facilitating a visit or dealing with a financial concern, that can help most. I heard about the free transport support provided by Fares4Free and how welcome this service is to allow families to visit. It was good to hear how proactive SSAFA are in establishing the Service details of a veteran in custody, enabling them to more quickly access financial and practical support from military charities should that be needed.
Similarly, those prisoners involved in the Sacro Veterans Mentoring Service were positive about the differences it could make to them. Most wanted to be in a position on release from prison to be equipped with the tools to have the best possible chance of making a successful transition to society.
I heard about the successful pilot course (Seeds of Change) run by the Defence Garden Scheme in 2023 delivered to cohorts of eight veteran offenders in HMP Maghaberry, Northern Ireland. Running such a scheme in a Category A (high security) prison was challenging, and the resources, environment and restrictions all created new issues for the delivery team. Support and ‘buy in’ from prison governors and staff was crucial to the success of the project.
I understand that the scheme supported decreases in anxiety and depression measured using recognised NHS and HM Treasury Health and Wellbeing scales, improved wellbeing and reduced loneliness and isolation. The pilot courses have shown participants experience a marked interest and a sense of purpose by being part of the group and prison staff report that this translated into improved sleeping patterns and generally improved behaviours within the prison. The delivery team also noticed the veterans grew more open to seeking support from each other and from the delivery team. I was told that the group became cohesive and supportive to each other very quickly; they enjoyed being in the company of fellow veterans where they felt part of a team and could speak freely without judgement.
On a visit to South Lanarkshire Council Unpaid Work Services, I learned about the ways their veteran service users were being supported. I heard from veterans who had taken part in the ‘Positive Futures’ programme which is co-delivered by a case manager with veteran experience and was told that being part of this group had been life changing for them. In addition to connecting them with a range of veteran organisations who could support them such as Veterans 1st Point, Who Dares Cares, Sacro and SSAFA, they felt a sense of belonging and camaraderie which enabled them to complete their community order requirements.
The staff I met were hugely committed to supporting veteran service users and recognised the need to support people through a trauma informed lens, as set out in the strategic priorities for their service. I was impressed by the innovation and creativity that was encouraged across the service, utilising the skills and expertise of staff, and listening to the needs of service users.
I was very encouraged to hear the strong commitment to improving Justice Social Work data gathering on veteran status through a new IT system. Understanding their armed forces and veteran service users better will support effective service design and delivery. It will also help ensure staff are informed and equipped to help veterans to link into appropriate support.
What can be improved
Veterans who receive the help they need in a timely manner, are less likely to engage in criminal activities and more likely to become productive members of society, benefiting their communities. There is an opportunity to harness the expertise, passion, and commitment to support veterans that currently exists in the statutory and voluntary sectors to provide a truly collaborative and coordinated support system, ideally through a single pathway. This could prevent offending, reduce recidivism, and support alternatives to custody, reaping individual, societal and financial benefits.
At a strategic level, local authority veterans Champions could consider the extent to which veterans needs are known about and understood in Justice Social Work Services, and that veteran specific support services are developed and / or accessed if appropriate.
Awareness training about veterans and families (similar to the NHS recognition scheme training) for Justice Social Workers would foster cultural competence, helping social workers build trust and rapport with veterans, who may be more likely to engage with services if they feel understood and respected. It will also help Justice Social Workers identify and connect veterans with specialised resources and support organisations. Awareness training should ensure that staff are better equipped to fulfil their responsibility to provide appropriate and effective support to all clients, including veterans.
Combining the efforts and resources of charities and the justice system can lead to more efficient use of funds and workforce. By sharing information and coordinating services, they can avoid duplication of effort and ensure that veterans receive timely and appropriate support.
Veterans may be more willing to engage with the justice system if they see that it is working in partnership with charities that they already trust. Veterans can be ‘tribal’, and many prefer veteran led services, although this is not always possible. Specific veterans support services may have a greater understanding of the issues a veteran may have with drugs and alcohol. This collaboration can help build rapport and encourage veterans to seek help proactively, reducing the stigma associated with seeking support.
Defence Gardens’ pilot course for veteran offenders in HMP Maghaberry is an excellent example of creating developmental rehabilitation pathways that are specific to the needs of veteran prisoners. The Defence Gardens Scheme and their stakeholders are committed to an ongoing partnership and are exploring how to increase access to their programmes, and it would be most welcome to see this extended to prisons in Scotland.
Given sufficient training to become more ‘veteran aware’, Justice Social Workers would be able to identify the appropriate support organisations that could be part of a Structured Deferred Sentence plan for a veteran. Veteran specific support services from third sector organisations include housing, mental health and addiction services so there is an opportunity to involve these organisations in an individual’s plan. Compliance is a key part of a successful Structured Deferred Sentence, and veterans may respond well to a supervised routine, having been previously selected, trained, and employed in a very structured environment where following regulations is a fundamental competence.
By undertaking a Structured Deferred Sentence a veteran with underlying support needs can access services and if they engage with this support and comply, can avoid a custodial sentence and the subsequent difficulties that can follow. This is not special treatment for veterans, rather a recognition that veterans may respond well to this type of intervention, and that it would make use of the existing network of services uniquely available to veterans. By addressing the root causes of offending behaviour, providing necessary support and treatment, and acknowledging the different experiences and challenges faced by veterans, Structured Deferred Sentences can help reduce recidivism, prevent more people entering custody and enhance community safety.
Good Practice - South Lanarkshire Council
South Lanarkshire Council is a commendable example of a Local Authority putting the Armed Forces Covenant into effect across their policies, guidance, and practice. This is supported by information sharing and communications, including through the Lanarkshire Armed Forces Community and Veteran Covenant Group and QR codes that link to local services, and clearly articulated commitments to improve support for the local veteran community within their 2024-2027 Covenant Strategy. South Lanarkshire Council also hold the Defence Employer Recognition Scheme Silver Award, for their support of the Defence Community.
In line with this, Justice Social Work Services have developed ‘A Vision for the Future’ which recognises and champions the needs of its veteran service users. This provides staff with a clear understanding of South Lanarkshire Council’s commitment to supporting veterans and their families through its strategies and guidance. The vision statement identifies areas of need that may be prevalent for those with veteran experience who are in conflict with the law, how they should be supported, and with signposting to dedicated support services.
This approach was formally launched on 8 October at a South Lanarkshire Justice Services development session with all staff and services within Justice Social Work. Justice Services are now seeking to identify appropriate veteran representatives within their staffing establishment to continue promoting awareness and up to date veteran information and services to the wider staff groups.
Good Practice - Inside Out Exhibition
Art activities can help people whose lives have been affected by difficult personal experiences. It can play an important role within prisons, providing inmates with a chance to express and understand themselves, helping to fulfil their potential as an individual. It gives inmates a chance to not only learn new skills but to develop a sense of self-worth.
Inside Out was a recent exhibition and sale of art works by self-tutored veteran prisoners from HMP Perth and HMP Castle Huntly. The exhibition followed the launch of an ‘Art As Therapy’ project at Perth prison in 2023. This collaborative event was between the armed forces charity SSAFA and the Scottish Prison Service. The event was sponsored by Arts@St Paul’s, which regularly showcases local artists and makers in Kinross-shire.
Most of the veterans had not picked up a paintbrush since their schooldays. With no access to the outside world, they had to rely on memory or imagination for ideas. Prisoners said painting helped them to combat the monotony of life behind bars, as well as improving their mental health. The event raised nearly £850 and the veterans themselves voted that all proceeds from sales and donations should go to SSAFA to support other veterans and their families across Scotland. Perth Prison Governor Andy Hodge said selling their work in in this way helped veteran prisoners prove they can still be of service to society.
