National Preventive Mechanism Eleventh Annual Report 2019–20 HMI Prisons carried out three inspections of court custody facilities in England and Wales during the reporting year, which covered five crown courts, 16 magistrates’ courts, eight combined courts and one immigration and asylum chamber. In all the court custody facilities, inspectors found that generally good attention was paid to ensuring detainees’ legal rights were met. Detainees were mostly kept in reasonable conditions and were treated well during their time in court custody. Inspectors were concerned that some detainees continued to be held in custody for longer than necessary. Force was used relatively infrequently, and when it was, it seemed generally proportionate and reasonable. However, it was of continued concern that in all the courts inspected, detainees (including children) were subjected to routine and excessive handcuffing in the absence of individual risk assessments and despite the secure environment. HMI Prisons inspections took place alongside regular oversight from the Lay Observers (LO), who reported that incomplete and poor-quality Person Escort Records (PERs) were preventing escort and custody officers from undertaking vital risk assessments. There were also ineffectively and improperly implemented health care procedures; poor conditions in a number of custody suites; issues with the escort, court custody arrangements and treatment of children and young people; and long delays in the release or transfer of detained people. For example, an LO report from Bradford Magistrates’ Court recorded that a 14-yearold child arrived in the custody suite at 8.46am. He was then kept in his cell until his court appearance at 3.08pm which finished at 4.05pm. He eventually left the custody suite for his onward journey to a YOI at 8pm. That meant he had been held in the cells for over 11 hours and he did not arrive at his destination until late at night. This does not happen with adults as most prisons have a deadline for receiving detainees from court. Frequently children and young people are transported on vans with adults in contravention of the Beijing expectations ‘that Juveniles under detention pending trial shall be kept separate from adults.’186 As a result, children and young people are held on vans until all adults have been returned to their establishments and then transported to theirs last. LOs regarded this is as a lack of respect and decency for such young, vulnerable people. LOs also undertook a detailed analysis of the location of observers and courts, to provide information for the restructure of the regions to be more effective in terms of time and access. Three surveys were conducted to establish the impact of developments introduced by the Prisoner and Escort Custody Service (PECS). They focused on: the publication of a guidance document on the management of medication for detained persons produced by NHS England; the publication of guidance with two flowcharts for control of extreme temperatures; and the introduction of commercially-produced distraction packs for people in detention. 186 United Nations, 1985, United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”), https://www.ohchr.org/Documents/ProfessionalInterest/beijingrules.pdf [accessed 10/11/2020] 60