Section four Detainees under escort
During a period of detention, a detainee may
be moved from one place of detention to
another. For example, a person may first be
detained in police custody, before appearing
in court and then being remanded to prison;
they may be moved from one prison to
another; or they may be transferred from
prison to hospital to attend an appointment.
While escorted from one place to another,
the person remains deprived of their liberty
and under the control of the state. Article 4
of OPCAT requires that NPMs should visit any
place where people are, or may be, deprived
of their liberty. A deprivation of liberty is
described as ‘any form of detention’ and is
not restricted to a fixed place of detention,
such as a prison or secure psychiatric facility.
The periods during which a detainee is
escorted should, therefore, be subject to
independent and regular monitoring.
Several members of the NPM carry out such
monitoring, with some having a specific
statutory duty to do so. For example, HMIPS,
whose primary role is to inspect prisons
in Scotland, also has a duty to ‘inspect the
conditions in which prisoners are transported
or held in pursuance of prisoner escort
arrangements’.16 HMIP, whose role includes
monitoring detainees held under immigration
law, has a specific duty to monitor the
treatment and conditions of such detainees
when they are under escort.
Detainees may be particularly vulnerable
while they are being escorted to, from or
between places of detention. The escorting
authorities must strike a balance between
transporting detainees securely, and doing so
safely and humanely and without resorting
to disproportionate security measures.
Taking into account monitoring activities carried
out by the NPM members in 2011–12, we have
chosen to highlight two key escorting issues:
• the escorting of prisoners between places
of detention in the criminal justice system in
Scotland and in England and Wales17
• the escorting of detainees being removed
from the UK (‘overseas escorts’).
Escorts in the criminal justice
system
The escorting of the majority of detainees in
the criminal justice system is carried out on
behalf of the state by private contractors in
both Scotland, and in England and Wales. In
both jurisdictions, escorting contracts were
re-tendered and allocated to new providers
during 2011–12.
Scotland
During 2011–12, HMIPS carried out an
inspection of the conditions in which prisoners
were transported and held in sheriff and
justice of the peace courts throughout
Scotland. This followed a previous inspection
of the conditions under which prisoners were
escorted, published in 2007. The escorts
subject to inspection were moves from court
to prison, and from prison to court.
During its inspections of prisoner escorts, HMIPS
was guided by inspection criteria relating to
safety and to decency, humanity and respect
for legal rights:
• Safety: The individual prisoner should
be safe from harm by others, safe from
self-harm and, as far as is possible, be
managed in such a way that any risk
that they pose to others is assessed and
appropriate interventions are put in place
to respond to those risks.
16 Section 7(2) of the Prisons (Scotland) Act 1989 as amended by section 103(2)(b) of the Criminal Justice and Public Order Act
1994.
17 Escorts in the criminal justice system in Northern Ireland are inspected by CJINI. Its most recent inspection report was
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published in October 2010 and was cited in the NPM’s second annual report covering 2010–11.
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