Section one Context
Police and court custody
The Police Service of Northern Ireland
recorded 26,284 detained persons through
custody in the 2019–20. During this time,
NIPBICVS reported that Independent Custody
Visitors (ICV) in Northern Ireland were able
to complete 503 custody visits, 49 of which
were to the Serious Crime Suite to visit
detainees arrested under the Terrorism
Act 2000. At the time of the visits a total
of 1,139 detainees were in custody and
ICVs interviewed 42% of them. Visitors also
inspected 814 (72%) custody records to
check on the rights, health and well-being of
detainees and conditions of detention.
After initial increases following the
establishment of self-introduction (where
ICVs are visible and introduce themselves
to detainees) by ICVs in 2018, NIPBICVS
reported a downward trend in the uptake
of interviews by detainees in the Serious
Crime Suite, with a refusal rate of 27%. It
plans to do more work to improve this issue,
including with the IRTL and its human rights
team. ICVs report that in 90% of visits to
custody the conditions for detainees were
satisfactory, with the 10% of unsatisfactory
visits recorded for a range of reasons,
including most often the detainee requiring
an appropriate adult or interpreter, or
medical attention.179 Since the COVID-19
pandemic, police in Northern Ireland have
introduced ‘spit and bite guards’ (an item
designed to reduce the risk of diseases and
injuries associated with spitting and biting),
which NIPBICVS continues to monitor.
In Scotland, in over 1,308 unannounced visits,
ICVS reported no significant issues regarding
care or ill-treatment. The material conditions
of the custody estate were found to vary
across Scotland and monitors sometimes
found poor quality cells. For example, ICVs
reported that not all cells had hand washing
facilities in them and individuals were unable
to wash their hands unless they requested
to and were escorted out of cell. Throughout
the custody estate, ICVs were concerned at
the length of time it took police authorities
to address issues associated with material
repairs once raised by ICVs. This was echoed
by HMIPS inspectors who, in their inspections
of court custody units, found similar
variations in conditions, with some units
having offensive graffiti.180
HMICS focused on the strategic
arrangements for the delivery of police
custody across Scotland in 2019–20.181
It found many positive developments
including: the recruitment of 150 custody
staff; benefits arising from remodelling
suites; extensive efforts made to involve
statutory and voluntary sector partners in
promoting better outcomes for detainees
and communities; and a reduction in
custody-related complaints. However, a lack
of capital investment in the custody estate
continued to impede efforts to deliver as
efficient and effective custody service as
possible, and there was an ongoing lack
of publicly available information about
custody. HMICS also found that the ongoing
introduction of constable-led custody centres
needed further work on safeguards. During
the inspection period, HMICS was able to
close 11 outstanding recommendations
and 18 improvement actions on custody in
179 NIPB, July 2020, Annual Custody Visitors Annual Report April 2019 - March 2020, https://www.nipolicingboard.org.uk/
publication/annual-custody-visitors-annual-report-april-2019-march-2020 [accessed 24/08/2020]
180 HMIPS, February 2020, Report on the inspection of Court Custody Provision at Glasgow Sheriff Court, 24 February 2020,
https://www.prisonsinspectoratescotland.gov.uk/publications/report-inspection-court-custody-provision-glasgow-sheriffcourt-24-february-2020 [accessed 30/10/2020]
181 HMICS, June 2019, Inspection of the strategic arrangements for the delivery of police custody. https://www.hmics.scot/
sites/default/files/publications/HMICS20190606PUB.pdf [accessed 22/10/2020]
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