National Preventive Mechanism Eleventh Annual Report 2019–20
The Commission on Justice in Wales released
its landmark report, Justice in Wales for
the People of Wales, in October 2019.
The Commission recommended full legislative
devolution for the justice system. The report
argued that guidance for the inspection of
police, prisons and probation services should
be determined in Wales. The report concluded
that the people of Wales are being let down
by the system in its current state, and that
they do not have the benefit which the
people of Scotland, Northern Ireland and
England have of justice being an integral part
of overall policy making, particularly those
which are already devolved to Wales such as
health, education and social welfare.15
The Counter-Terrorism and Border Security
Act 2019 received Royal Assent on
12 February 2019. The IRTL, Jonathan
Hall QC, noted in his latest Annual Report
(published in March 2020) that this is
a major piece of updating legislation,
amending both Terrorism Acts (2000
and 2006), which were introduced in the
immediate aftermath of the London Bridge
attack of 2017.16 Some detention-related
provisions in the 2019 Act include increasing
the maximum penalty for certain preparatory
terrorism offences to 15 years imprisonment.
15
16
17
18
19
20
14
The Counter‑Terrorism and Border Security
Act also suspends the detention clock for
those arrested under section 41 of the
Terrorism Act 2000 where they are admitted
to hospital.17
Towards the end of the reporting period,
the COVID-19 pandemic began to
significantly impact both detention settings
and the scrutiny practices of NPM members.
The Coronavirus Act 2020 received Royal
Assent in the UK Parliament on 25 March
2020.18 Following this, various regulations
were passed which implemented lockdown
rules. The Act made temporary changes to
the way in which local authorities provide
care and support and to mental health
legislation, although the latter were never
put into practice and as of September 2020
were agreed to be withdrawn.19 The Act also
encouraged the use of video technology in
court hearings.
Prison regimes were severely restricted
and social visits were stopped temporarily.20
In late March, fears around safety and
well‑being during the pandemic, particularly
for those in prisons and immigration
detention, led to calls from civil society
for the release of large numbers of
The Commission on Justice in Wales, October 2019, Commission on Justice in Wales report, https://gov.wales/commissionjustice-wales-report, [accessed 24/08/2020]
The Independent Reviewer of Terrorism Legislation, The Terrorism Acts in 2018, https://terrorismlegislationreviewer.
independent.gov.uk/wp-content/uploads/2020/03/Terrorism-Acts-in-2018-Report-1.pdf [accessed 10/11/2020]
UK Government, February 2019, Counter-Terrorism and Border Security Act 2019, https://www.legislation.gov.uk/
ukpga/2019/3/section/18/enacted, [accessed 01/12/2020]
UK Government, March 2020, Coronavirus Act 2020, https://services.parliament.uk/bills/2019-21/coronavirus.html,
[accessed 24/08/2020]
Hansard, 30 September 2020, Volume 681, col 393; Coronavirus Act 2020 (Review of Temporary Provisions)
In England and Wales The Prison and Young Offender Institution (Coronavirus) (Amendment) Rules 2020 came into force
6 April 2020, available: https://www.legislation.gov.uk/uksi/2020/400/introduction/made [accessed 07/08/2020].
In Scotland The Prisons and Young Offenders Institutions (Coronavirus) (Scotland) Amendment Rules 2020 came into force
on 15 June 2020, available: https://www.legislation.gov.uk/ssi/2020/175/introduction/made [accessed 07/08/2020].
In Northern Ireland, The Social Security (Coronavirus) (Prisoners) Regulations (Northern Ireland) 2020 came into force 8
April 2020, available: https://www.legislation.gov.uk/nisr/2020/63/introduction/made [accessed 07/08/2020].
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