National Preventive Mechanism Third Annual Report 2011–12 SPT. The lay monitoring body provides a frequency of visiting that cannot be achieved by a professional inspectorate without a significant increase in resources or changes to its methodology. The regular monitoring of detention is, of course, a key requirement of OPCAT. Lay monitors publish an annual report which, rather than being a snapshot of a place of detention at the time of an inspection, paints a picture of the establishment over the course of a year. It is these layers of monitoring that, in total, allow the UK to meet its obligations under OPCAT. Regular monitoring Article 1 of OPCAT states that its purpose is to establish a system of regular visits to places where people are deprived of their liberty. A key benefit of lay monitoring is the frequency with which custody visitors or board members visit places of detention, which is unmatched by professional inspectorates. In England and Wales, and in Northern Ireland, IMBs are obliged to meet at the establishment at least once a month. In practice, at least one board member makes a visit each week, but more regular visits are also made. In Northern Ireland, custody visitors made 1,037 visits to 19 police custody suites in 2011–12. Visits are made at various times of the day and at various points during the week. To encourage visitors to monitor detention at unsociable hours, custody visitors in Northern Ireland have a guideline number of weekend and late night or early morning visits. Such frequent visiting by the lay members of the NPM is in keeping with their preventive role under OPCAT – regular visiting allows concerns about the treatment and conditions of detainees to be identified and addressed at the earliest opportunity. Places of detention OPCAT requires that all places of detention receive independent and regular monitoring. At our workshop, some gaps were noted. For example, custody visitors in England and Wales visit facilities operated by the British Transport Police but said this was by invitation only. They have no statutory right of access to such facilities, as recommended by the SPT.24 The UK government itself has highlighted the importance of monitors having a statutory right of access – this was one of the government’s criteria in 2009 when deciding which organisations to designate as members of the NPM. In Northern Ireland, the Chief Constable designates police stations to be used for detaining arrested persons. Stations that have not been designated are not currently within the remit of the custody visitors. While a person can be detained in a non-designated police station in only limited circumstances and for limited periods, OPCAT requires that all places of detention be monitored. During 2011–12, for example, 39 people were detained in non-designated police stations where custody visitors were unable to monitor their treatment and conditions. The Northern Ireland Policing Board Independent Custody Visiting Scheme, and the NPM as a whole, recommend that non-designated police stations be included in the remit of the custody visitors. Making recommendations The role of an NPM is to make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of detainees and to prevent ill-treatment. The lay monitoring bodies in the UK’s NPM make recommendations as a result of their visits to places of detention, but fear that their recommendations are 24 SPT, Guidelines on national preventive mechanisms CAT/OP/12/5 (09/12/10) (‘SPT Guidelines’) at paragraph 7. 36