National Preventive Mechanism Second Annual Report 2010–11
Court custody
At present, not all court custody facilities
in the UK are monitored by a member
of the NPM. While there are monitoring
arrangements in Northern Ireland and
Scotland, court custody in England and Wales
remains a gap in the NPM’s coverage. The
UK government has acknowledged this gap
and the need for independent monitoring
arrangements to be put in place, so that
the UK complies with its international
obligations under OPCAT. The government
has therefore indicated that HMIP will soon
be granted powers to inspect the treatment
of and conditions for detainees held in court
cells. Preparatory work has already been
undertaken by HMIP. It is anticipated that
two pilot inspections will take place in early
2012 before a formal inspection programme
begins.
However, court custody facilities in England
and Wales are not without scrutiny; they
are currently monitored by ‘lay observers’,
volunteers from local communities who
make regular visits to courts in much the
same way that Independent Monitoring
Boards visit prisons or independent
custody visitors monitor police cells. Lay
observers are not members of the NPM
but the UK government has been asked
to consider whether they should be added
as a nineteenth member. This would result
in layers of monitoring for court custody
in England and Wales – by a professional
inspectorate and a lay body – as is already
the case for other types of detention, such
as prisons.
Scotland
In Scotland, HMCIPS has a duty to inspect
prisoner escort arrangements. This includes
the conditions in which prisoners are
transported from one place to another, as
well as court custody facilities or any other
place where prisoners are temporarily held
outside a prison. HMCIPS fulfils this duty as
part of its regular inspections of prisons;
when inspecting a particular prison, HMCIPS
will also inspect the custody facilities of
courts serving that prison, and related
prisoner escorting arrangements.
In 2010–11, HMCIPS published reports of
three prison inspections.27 These inspections
included a review of custody facilities at six
courts. In two courts, conditions in the cells
were found to be poor, in two they were
adequate and in two they were acceptable.
Generally, the physical condition of cells
was found to be inadequate, with cells
being dirty or covered in graffiti and with no
cells having natural light. While toilets were
available, often there were no hand-washing
or drying facilities. In some courts, it was
difficult to separate men, women and young
people, although special arrangements could
sometimes be made. Facilities for legal visits
were generally good, although in one court
it was found to be difficult for detainees
to speak to their solicitor in private. At all
courts, there were arrangements for medical
support, and all escort staff were first-aid
trained. Concern was expressed that, at
one court, the courtroom was inaccessible
to detainees with disabilities. Instead, the
sheriff and lawyers conducted the hearing in
the cell of detainees who used a wheelchair.
Generally, detainees were treated well by
27 HMIPS, Report on HMP Glenochil (2010); HMIPS, Report on HMP Peterhead (2010); HMIPS, Report on HMP Addiewell (2011).
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