National Preventive Mechanism Annual Report 2009–10 Independent Monitoring Boards I ndependent Monitoring Boards have a statutory duty to satisfy themselves as to the state of the prisons or immigration detention facilities they visit, their administration and the treatment of prisoners or detainees.17 The boards are made up of unpaid public appointees from the community and they fulfil their duties by carrying out regular visits to the establishments concerned. There is a board for every prison in England and Wales and every immigration removal centre in England, Wales and Scotland, as well as boards for short-term holding facilities for immigration detainees. Depending on the size of the establishment visited, boards are made up of between 10 and 20 members. Each board includes a chairman and vice chairman. In practice, boards also include a board development officer who has responsibility for the training of board members. Members of boards are appointed by the Secretary of State and are independent of the establishment they visit. They are initially appointed for a three-year term but may be reappointed. Independent Monitoring Boards for both prisons and immigration detention facilities are supported by a central secretariat. In addition, a National Council for Independent Monitoring Boards provides them with a national voice. Members of the Council are elected by board members. Methodology Board members may access the prison or immigration detention facility at any time and may have access to any prisoner or detainee and any records. They may interview any prisoner or detainee out of the sight and hearing of staff. The board is obliged to meet at the establishment at least once a month. Generally, at least one board member makes a visit each week, although more regular visits are often made. Board members will often monitor meetings held in the establishment and will be notified of serious incidents so that they may attend and monitor how they are handled. During their visits, board members may receive ‘applications’ from prisoners or detainees who have issues that they have not been able to resolve with staff. Boards may raise any concerns with the governor or manager of the establishment as well as the Secretary of State. In addition, boards submit an annual report to the Secretary of State providing an overview of the treatment of and conditions for prisoners or detainees. OPCAT compliance Historically, magistrates in England and Wales were required to monitor the sentences they imposed on offenders and thus were the precursor to modern day Independent Monitoring Boards. Many boards still include magistrates as members. Some concern has been expressed that the independence of boards, as required by OPCAT, is undermined by the presence of magistrates. There is a feeling that it is inappropriate for those involved in the sentencing of offenders to also be involved in monitoring their treatment and conditions. While it is accepted that conflicts of interest must be avoided, currently neither the government nor boards themselves feel that a blanket prohibition on magistrates acting as board members is needed. 17 Independent Monitoring Boards for prisons are governed by s.6 of the Prison Act 1952 and the Prison Rules 1999. Boards for the immigration detention estate are governed by s.152 of the Immigration and Asylum Act 1999 and the Detention Centre Rules 2001. 26