Section one Context
prisoners and detainees.21 Across the four
nations, some early release schemes were
established. The NPM will soon publish
a report on detention during COVID-19
(see ‘COVID-19’, p.12 and ‘Looking ahead to
2020–21', p.78).
A public inquiry into the death of Sheku
Bayoh, who died in police custody in
Scotland on 3 May 2015, was announced
in November 2019. The public inquiry into
Sheku Bayoh’s death (see ‘Deaths in police
custody’, p.36) will consider the role of
race in the treatment he received from the
police. In England and Wales, the findings
of the Lammy Review on the treatment
of, and outcomes for, black and minority
ethnic individuals in the criminal justice
system (2017), as well as those of the
Angiolini Review into deaths and serious
incidents in police custody (2017), remain
relevant, with recommendations on racial
disparities in the criminal justice system
and on the processes surrounding deaths
and serious incidents in police custody
still in progress. In February 2020, the UK
government provided an overview of the
work undertaken to address the Lammy
Review and the over-representation of those
from black and minority ethnic backgrounds
in the criminal justice system.22 The review
of the Mental Health Act 1983, published in
December 2018, also highlighted the need
for action on racial disparities in the mental
health system. We await a white paper on a
new Mental Health Act.
21
22
23
Mental health and social care
Mental health law, policy and practice were
rapidly evolving issues in the reporting year
in the UK. There was a particular focus on the
legislative framework and oversight of the
detention of people with learning disabilities
and autism, as well as on other secure care.
Deprivation of Liberty Safeguards
In December 2019, Northern Ireland
commenced the phased implementation of
a new statutory framework for Deprivation
of Liberty Safeguards (DoLS) created under
the Mental Capacity Act (NI) 2016. DoLS
are accompanied by interim codes of
practice.23 To manage the first phase of the
commencement of the Act, the Mental
Health (NI) Order 1986 remains in place with
a system that uses both the 1986 Order and
the 2016 Act providing statutory frameworks
for DoLS. The new Act fuses mental
health and mental capacity legislation in
Northern Ireland, creating a single legislative
framework for deprivation of liberty. RQIA has
updated its inspection processes to provide
assurances that safeguards are in place for
service users and patients who lack capacity
and who are deprived of their liberty.
The Mental Capacity (Amendment) Act 2019,
which covers England and Wales, received
Royal Assent in May 2019, but the enactment
of its provisions has been delayed and the
date for full implementation is currently
timetabled for April 2022.
For example: INQUEST, March 2020, NEWS: Powerful coalition call on government to immediately reduce number of
people in detention settings, available: https://www.inquest.org.uk/covid-19-letter [accessed 24/08/2020]; Prison Reform
Trust, April 2020, News: PRT and Howard League call for further early release to protect prisoners, staff and wider public,
available: http://www.prisonreformtrust.org.uk/PressPolicy/News/vw/1/ItemID/838 [accessed 24/08/2020]; Detention
Action, March 2020, Letter to MPs: COVID-19 set to cause human tragedy in immigration detention, available: https://
detentionaction.org.uk/2020/03/21/letter-to-mps-covid-19-set-to-cause-human-tragedy-in-immigration-detention/
[accessed 24/08/2020]; Council of Europe, March 2020, Statement: Commissioner calls for release of immigration
detainees while Covid-19 crisis continues, available: https://www.coe.int/en/web/commissioner/-/commissioner-calls-forrelease-of-immigration-detainees-while-covid-19-crisis-continues [accessed 24/08/2020]
UK Government, February 2020, Tackling Racial Disparity in the Criminal Justice System, available at: https://assets.
publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/881317/tackling-racial-disparitycjs-2020.pdf, [accessed 14/10/2020]
Northern Ireland Department of Health, November 2019, Mental Capacity (NI) Act Codes of Practice, https://www.healthni.gov.uk/mca-codes-practice [accessed 30/10/2020]
15
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