National Preventive Mechanism Fourth Annual Report 2012–13
given the full support of the Northern Ireland
Policing Board and the Department of Justice
(NI) has agreed to look into implementing the
necessary legislative amendment required during
2014–15. In the interim, the NIPBICVS continues
to monitor the number and location of detained
persons held within non-designated custody
suites. After identifying in 2011 that there was
no independent inspection or monitoring of
court custody facilities in England and Wales
– in Scotland and Northern Ireland these are
inspected by HMIP Scotland (HMIPS) and the
CJINI – the Ministry of Justice asked HMIP to
develop a programme for the inspection of
these facilities. This began in 2012. In line
with its existing inspection methodology,
HMIP developed a set of Expectations,
which describe the standards of treatment
and conditions that each court custody suite
should achieve for people in its custody. These
are grouped under three inspection areas:
leadership, strategy and planning; individual
rights; and treatment and conditions. The focus
is on outcomes rather than processes.
From 2012–13, HMIP completed inspections
in Crown Courts and magistrates’ courts with
custody facilities in four regions: Cleveland,
Durham and Northumbria, Merseyside
and Cheshire, Lancashire and Cumbria, and
Nottinghamshire and Derbyshire. A general
trend in the findings was that court managers
from Her Majesty’s Courts and Tribunals Service,
often lacked awareness of how cells were
run and how detainees were treated. HMIP
also noted a lack of clarity about who should
take responsibility for detainee care arising
from contractual arrangements between
the National Offender Management Service
Prisoner Escort and Custody Services and court
custody and escort contractors.
20
Case study – court custody facilities
The inspection of Cleveland, Durham and
Northumbria included visiting four Crown
Court and 12 magistrates’ court buildings
with active custody suites in the region.
This first full inspection of custody suites
in a court area revealed custody staff who
did their best to take care of detainees,
in conditions which were, in many
cases, poor, and with underdeveloped
approaches to assessing and managing
risk and to meeting legitimate needs.
Improvements to buildings will require
capital spends, but there is much that can
still be done. The inspection found that:
• Detainees were sometimes held for
relatively long periods before their case
was heard because courts gave priority
to other cases, or afterwards because
it took time for prisons to confirm there
was no other bar to release. It was
welcome, however, that courts did not
have cut-off times.
• In most places, detainees were not
given clear information about their
rights or how to make a complaint, and
the telephone interpreting service had
almost never been used.
• The physical condition of the cells area
was deplorable at one particular facility,
and poor at four other sites. In several
places, detainees were not kept out of
public view when handcuffed, especially
when disembarking from vans and, for
those with disabilities in particular, when
being taken to or from court.
• Staff were generally helpful and polite
to detainees, although many treated
frequently-seen faces as needing little
individual attention.
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