National Preventive Mechanism Third Annual Report 2011–12
• to promote compliance with OPCAT in the
UK.
• to raise awareness of the NPM in the UK
and internationally.
It is important to note that the business plan
addresses the coordination of the NPM, not
the day-to-day monitoring activities of all
members, which will be addressed in the
individual plans of each organisation.
Compliance with OPCAT
While independent monitoring arrangements
are firmly embedded for many places
of detention in the UK, the process of
implementing OPCAT is ongoing. In previous
annual reports, we identified some places
of detention that were not regularly and
independently monitored by the NPM. These
included court custody in England and Wales,
some places of military detention, and customs
custody suites operated by UK Border Force.
Such gaps in coverage meant that the UK was
not yet fully compliant with OPCAT, Article 4 of
which requires that all places of detention be
subject to regular and independent monitoring.
In each of our previous annual reports, we
have recommended that the UK government
addresses any gaps in coverage. We are
pleased to report significant progress in these
areas.
Court custody
The government invited HMIP to carry out
regular inspections of court custody. In 2011–
12, HMIP developed and piloted inspection
criteria and an inspection methodology for
court custody in England and Wales, and an
inspection programme commenced in 2012–
13. Initially, access to courts was granted
under a memorandum of understanding
between HMIP and the government, but this
moved to a statutory footing in late 2012.6
While HMIP was given the statutory power
to inspect the vast majority of court custody
facilities, including those at Crown, county
and magistrates’ courts, some facilities
remain outside its remit, including, for
example, those at the Royal Courts of Justice.
Some gaps, therefore, remain.
Court custody facilities, including the
escorting of detainees to and from courts,
are monitored by lay observers – volunteers
from the local community. Lay observers
were not included in the NPM when the
members were designated in 2009, despite
performing a similar role to other lay
monitoring bodies that were designated
(including independent police custody visitors
and independent monitoring boards for
prisons). The NPM has supported the lay
observers’ request to be added to the NPM,
and we hope that this will be agreed by the
government soon. If agreed, this will result
in layers of monitoring for court custody
in England and Wales – by a professional
inspectorate and a lay body – as is already
the case for prisons and police custody.
Customs custody
Customs custody facilities are operated by the
UK Border Force. They are located at ports of
entry to the UK and are used to hold people
for short periods when, for example, they are
believed to have entered the UK after ingesting
drugs for the purpose of smuggling. Such
people are held under the same regulatory
framework that applies to police detainees.
Border Force has been keen to ensure these
custodial facilities are subject to monitoring in
accordance with OPCAT. HM Inspectorate of
Constabulary, an NPM member, was granted
the statutory power to inspect the facilities and
carried out its first inspection in late 2012, in
association with HMIP.
6 The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012.
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