National Preventive Mechanism Eleventh Annual Report 2019–20
an on-call basis to attend where a doctor
is required.102 Although it was hoped that
the programme would be extended to
all custody suites in Northern Ireland by
September 2020, due to COVID-19 the
programme will now be implemented in
two additional suites outside Belfast by
early 2021.
Deaths in police custody
In November 2019, the Cabinet Secretary
for Justice in Scotland announced a public
inquiry into the death of Sheku Bayoh.103
This announcement followed a decision
by the Lord Advocate not to charge Police
Scotland or the officers involved in the death
with criminal, corporate or health and safety
offences. Sheku Bayoh, a black man born
in Sierra Leone, was 31 years old when he
died after being restrained by up to five
police officers on 3 May 2015.104 The Justice
Secretary has asked that the inquiry address
the question of whether Sheku Bayoh’s
race played a part in how the incident was
approached and dealt with by the police, and
look at the circumstances leading up to and
following his death.105
Policy changes concerning police
custody in England and Wales
In March 2020 the National Police Chief’s
Council published its National Strategy on
Policing and Mental Health. This sets out the
strategic principles underpinning the police
response to those who experience mental ill
health. In relation to custody, the strategy sets
a strategic objective that ‘the police service
should work to completely eliminate reliance
upon the use of police custody as a ‘Place of
Safety’ under the Mental Health Act 1983’.
The strategy points out that this has already
been achieved in some police force areas.106
Revisions made to Codes C and H in the
Police and Criminal Evidence Act (PACE) 1984
came into force in England and Wales in
August 2019. ICVA, HMICFRS and HMI Prisons
fed into the consultation regarding these
changes. The revisions were made to ensure
access to necessary menstrual care products,
and ensure the broader health, hygiene and
welfare needs of those in police custody
are met. Detainees must now be given the
opportunity to speak to someone of the
same gender about their personal hygiene
needs. Female and transgender detainees
must be proactively offered menstrual care
products, and detainees must be told toilets
are private. The changes also strengthened
dignity in strip searches.107
102 Police Service of Northern Ireland, June 2019, News: New nurse-led custody service on justice system’s frontline,
https://www.psni.police.uk/news/Latest-News/040619-new-nurse-led-custody-service-on-justice-systems-frontline/
[accessed 31/08/2020]
103 Scottish Government, November 2019, Ministerial statement on Sheku Bayoh, https://www.gov.scot/publications/
ministerial-statement-humza-yousaf-statement-sheku-bayoh-next-steps/ [accessed 31/08/2020]
104 INQUEST, November 2019, Media release: Scottish Government announce public inquiry into the death of Sheku Bayoh,
https://www.inquest.org.uk/sheku-bayoh-inquiry [accessed 31/08/2020]
105 Scottish Government, November 2019, Ministerial statement on Sheku Bayoh, https://www.gov.scot/publications/
ministerial-statement-humza-yousaf-statement-sheku-bayoh-next-steps/ [accessed 31/08/2020]
106 National Police Chiefs’ Council, February 2020, National Strategy on Policing and Mental Health, https://www.npcc.police.
uk/Mental%20Health/Nat%20Strat%20Final%20v2%2026%20Feb%202020.pdf#:~:text=National%20Strategy%20on%20
Policing%20and%20Mental%20Health%20Foreword,the%20police%20service%20as%20a%20whole.%20The%20
challenge [accessed 10/11/2020]
107 ICVA, July 2020, Blog: Reflecting back on a year, https://icva.org.uk/reflecting-back-on-a-year/ [accessed 31/08/2020]
36
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