National Preventive Mechanism Second Annual Report 2010–11
Police custody
In each jurisdiction within the UK, police
custody is subject to two layers of
monitoring by members of the NPM. At one
level, volunteers from the local community,
known as independent custody visitors,
make short unannounced but very frequent
visits to police custody suites. There are
independent custody visiting schemes in
operation throughout the UK. At another
level, less frequent but more in-depth
inspections of police custody suites are
undertaken by professional inspectorates.
In England and Wales, inspections are
carried out jointly by HM Inspectorate of
Constabulary (HMIC) and HMIP; in Scotland,
HM Inspectorate of Constabulary for Scotland
(HMICS) is able to inspect police custody;
and in Northern Ireland, police custody
is inspected by CJINI and RQIA. Together,
these layers ensure that police custody is
monitored regularly and by those with the
necessary experience and expertise, as
required by OPCAT.
England
In the wake of the UK’s ratification of
OPCAT, HMIC and HMIP commenced a
joint programme of inspection of police
custody throughout England and Wales.
The Care Quality Commission, also an NPM
member, contributes health care expertise
to these inspections. In 2010–11, 16 police
custody suites were inspected. Nearly half
of provincial forces and Metropolitan Police
Service boroughs have been visited since the
inspection programme began in 2008. This
year saw a greater number of unannounced
inspections and it is intended that, in the
future, all police custody inspections will be
unannounced.
Inspections are carried out against criteria,
known as Expectations, which are informed
by and referenced against human rights
standards. Expectations are also informed by
the Police and Criminal Evidence Act 1984
(PACE) and its associated codes of practice,
as well as national guidance on the safer
detention and handling of people in police
custody. The Expectations cover four key
areas: strategy; treatment and conditions;
individual rights; and health care.
In previous years, inspections have found
that police forces lacked effective attention
to custodial issues at a strategic level. This
picture changed in 2010–11, with HMIC and
HMIP finding a clear strategic focus on the
safety of detainees and decent treatment in
the majority of forces visited, although there
were exceptions.
Inspectors continued to see staff take a
professional and respectful approach to
detainees, although there was insufficient
focus on diversity and privacy issues. Safety
was a major focus in all the places inspected,
although many cells contained ligature points
and governance of the use of force was
lacking. Elements of basic care and welfare
were still too reliant on detainees making
requests. Police forces and boroughs were
balancing the rights and entitlements of
individuals with expediting investigations
effectively, although arrangements for
providing appropriate adults suffered from
a lack of central guidance about who
was responsible.21 Police continued to
adhere to the PACE definition of a juvenile,
which meant that 17-year-olds were not
automatically provided with an appropriate
21 An appropriate adult must be called to the police station for any person under the age of 17 or any person who has mental
health difficulties or is otherwise deemed vulnerable. The role of the appropriate adult is independently to support and
assist the detainee to ensure that they understand what is happening during the interview and investigative process.
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