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. 26