There is some overlap between researching prison records in Scotland and prison records in England and Wales. However, Scottish criminal law has always been different[1] from that in England and Wales and means different records can be found. You may also come across different terms as a result of the differing law. This includes the potential court verdict of 'not proven', alongside guilty and not guilty. A majority of Scottish prison records are held by National Records of Scotland.
Research your ancestors on MyHeritage
Prison RegistersPrison Registers
Prison registers record the admissions of accused persons to a named prison. People were held in prison prior to their trial so even those found to be innocent are listed. The information these may contain include:
- Their name, age and place of residence
- Their place of birth
- Their occupation and religion
- Details of physical appearance, such as their height
- Date of admission to prison
- Their named offence, such as larceny
- Their sentence
- Date they left prison
Transcripts of some Scottish registers dating 1791-1965 can be found in the Scotland, Prison Registers record set at MyHeritage.
Criminal Lunatic Department registersCriminal Lunatic Department registers
Some prisons have registers for offenders who were mentally ill and were referred to the 'lunatic department'. Some entries are limited but in other cases you may discover:
- Their name, age, occupation and marital status
- Their sentence
- Date admitted
- Previous place of residence
- Details of any previous mental health episodes
- Whether they are a danger to themselves or others
- State of their physical health
- If they have any family members with a similar diagnosis
Prisoner photograph albumsPrisoner photograph albums
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Some prisons have surviving prisoner photograph albums. These usually show each prisoner from the front and the side with their hands splayed on their chest, taken with a mirror placed at a 45 degree angle so both profiles can be seen in the same shot. A board is displayed in front of them with their name and details, including their date of release. Later photographs have a simpler set up with two separate images.
Other criminal records in ScotlandOther criminal records in Scotland
You may find evidence of your ancestor in other criminal records other than prison records. These may include:
- Police and magistrates’ court records- these are usually for minor crimes such as drunkenness and breach of the peace.
- High Court of Justiciary records- these focus on major crimes such as murder and rape. Records include minute books and case papers and can be searched via National Records of Scotland. Prior to 1708 the highest court was the Privy Council.
- Justices of the Peace court records- these focus on more minor crimes such as rioting, theft and poaching. These are also held at National Records of Scotland.
- Sheriff court records- these crimes typically look at theft and assault. Records can include criminal registers, court books and indictments. These are also held at National Records of Scotland.
- Transportation- Scottish criminals were transported from England with records held at The National Archives.
- Newspaper reports- Articles about crime were frequent features in local and national newspapers and can provide a wealth of information about your ancestor and what was said in court
See alsoSee also
Explore more about Prison records in ScotlandExplore more about Prison records in Scotland
- Scotland - Court Records at MyHeritage
- Scotland, Prison Registers at MyHeritage
- Prison Registers at Scotland's People
- Doing Time – Prison Records as Genealogy Resources at Legacy Family Tree Webinars
References
- ↑ Criminal justice and devolution. Institute for Government