National Preventive Mechanism Annual Report 2009–10
Criminal Justice Inspection
Northern Ireland
C
riminal Justice Inspection Northern Ireland
(CJINI) was established by the Justice
(Northern Ireland) Act 2002 for the purpose
of inspecting all aspects of the criminal justice
system.71 Its role is not just to inspect places
of detention, but also to inspect, for example,
prosecution and probation services. CJINI
describes one of its objectives as being ‘to
provide independent scrutiny of the outcomes
for, and treatment of, users of the criminal
justice system’.
The 2002 Act lists the organisations which
CJINI must inspect and states that any
inspection may cover any institution provided
or managed by the organisation. The list is
comprehensive and includes, for example,
the Northern Ireland Prison Service and
the Police Service of Northern Ireland. CJINI
therefore has the power to inspect a wide
range of places of detention, including prisons,
a juvenile justice centre, police custody, court
custody and secure care facilities for children.
CJINI also carries out inspections of hostels
for offenders who are released from prison
but who are required to reside in ‘approved
premises’ where they continue to take part in
resettlement activities. While these premises
may not strictly be considered places of
detention, residents are required to abide by
certain rules and to be present in keeping
with curfew or license conditions.
CJINI is not part of government and its staff do
not form part of the civil service in Northern
Ireland. Its Chief Inspector is appointed for
a term of five years by the Secretary of
State for Northern Ireland following an open
recruitment process. He is supported by a
Deputy Chief Inspector, seven inspectors,
an inspection support officer and a small
business support team.
Methodology
CJINI carries out both unannounced and
announced inspections of places of detention
and often does so in conjunction with other
organisations, including other members of the
NPM. For example, CJINI inspects prisons in
association with HMIP and the Regulation and
Quality Improvement Authority (RQIA). In the
course of an inspection, CJINI has the power
to enter places of detention within its remit
and to require that documents and other
information be provided. In practice, CJINI also
carries out private interviews with detainees.
Given the range of places of detention
inspected, CJINI has no set frequency with
which it inspects institutions, but does
so on a regular basis taking into account
the significance of, and risks associated
with, the institution and its role within the
criminal justice system. All inspections are
underpinned by human rights standards.
CJINI is required to report to the Northern
Ireland Justice Minister on each inspection it
carries out. CJINI lays its inspection reports
before the Northern Ireland Assembly and is
legally required to make all its reports
publicly available. It also produces an annual
report which covers its inspections of places
of detention as well as its non detentionrelated work.
OPCAT compliance and impact of
NPM membership
CJINI benefits from being a single inspectorate
responsible for the whole of the justice system
in Northern Ireland. Not only can it inspect
individual places of detention, it can consider
the interfaces between places of detention
and the organisations that operate them.
This facilitates, for example, the inspection
of prisoner escorting which involves police,
prison and private agencies. Nonetheless, CJINI
71 The inspection of courts was initially omitted from its mandate but was later added by the Justice and Security (Northern
Ireland) Act 2007.
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