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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