Section two The third year – an overview
Military detention
Progress has also been made for the service
custody facilities operated by the British
Armed Forces. These facilities are used to hold
military personnel who have offended against
military or criminal law for up to 14 days. The
government has indicated that it will invite
HMIP to inspect these facilities with a regular
programme of inspection commencing in
2013–14. This inspection programme will be
limited to service custody facilities within
the UK but, in the longer term, the NPM will
be seeking to ensure that all such facilities,
including those on UK military bases around
the world, are monitored.
Crown Dependencies and Overseas
Territories
We welcome the government’s proposal to
extend OPCAT to the Isle of Man, a British
Crown Dependency. Detention monitoring
already takes place on the Isle of Man and
the government is looking to designate
the organisations responsible as additional
members of the NPM. The government
should now consider what role it should play in
implementing OPCAT in respect of other Crown
Dependencies or British Overseas Territories.
Progress is being made towards the full and
effective implementation of OPCAT in the UK.
We urge the government to recognise that
implementing OPCAT is an ongoing process
and one that should be kept under review,
particularly for places of detention not subject
to regular monitoring by an independent body
with statutory rights of access.
Detention monitoring in Scotland
There has also been a significant and positive
development with independent custody
visitors in Scotland, who visit detainees held
in police custody. Custody visitors in Scotland
were not designated separately as members
of the UK NPM but instead were involved in
the NPM’s work through their membership of
the Independent Custody Visiting Association,
an NPM member that operates primarily in
England and Wales. Although operating with
government support, Scottish custody visitors
did not have a statutory basis for their work.
This changed with the passing of the Police
and Fire Reform (Scotland) Act 2012 by the
Scottish Parliament. This placed custody visiting
in Scotland on a statutory footing and set out
visitors’ rights of access to detainees in police
custody. The 2012 Act also explicitly stated that
the purpose of custody visiting is to meet:
‘the objective of OPCAT, that is, the
objective of establishing a system
of visits … to places where people
are deprived of their liberty in order
to prevent torture and other cruel,
inhuman or degrading treatment or
punishment.’
This is the first time that any monitoring
body in the UK has had OPCAT referenced in
its statutory framework. The 2012 Act also
provides for visits to police custody by the
SPT, another first. The NPM contributed to
government and parliamentary discussions
about the custody visitors and had
recommended that they be placed on a
statutory footing. We are, therefore, pleased at
these legislative developments and hope that
custody visitors in Scotland will be designated
as a member of the NPM in their own right.
The NPM has also contributed to discussions
in Scotland about the monitoring of prisons
and the role of prison visiting committees. In
Scotland, each prison is monitored by a visiting
committee made up of volunteers. These
committees were not designated as members
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents