Section Two The first year
detained in psychiatric institutions. The UK
NPM was represented by the Care Quality
Commission and the workshop was also
attended by members of the SPT, as well
as other international organisations with
expertise in this area. In 2010–11, the UK
NPM will participate in additional workshops,
including one on monitoring police custody.
the members’ individual profiles. However,
the government envisaged that the
functions of the UK’s NPM would be fulfilled
by the collective action of the members, and
it may therefore be possible that where two
members visit the same places of detention,
any perceived deficiencies in the mandate of
one member may be corrected by the other.
Compliance with OPCAT
Perhaps the most significant compliance
issue is whether all places of detention are
covered by the NPM in the UK, as required
by OPCAT. Gaps in coverage have so far been
identified in relation to military detention
facilities and court custody in England and
Wales. While HMIP is invited to inspect
some places of military detention (most
notably the Military Corrective Training
Centre, the main detention facility for
military personnel), the right of access is not
statutory. Moreover, there are other places
of military detention which are not currently
inspected, such as service custody facilities
(sometimes known as guardhouses). HMIP is
currently in discussion with the government
about extending its inspection programme
of military detention facilities, as well as
an extension of its mandate so that it may
inspect court custody.
In the UK, the ratification of OPCAT and the
designation of the NPM did not result in
visiting bodies being given the necessary
powers to fulfil the functions of an NPM.
Instead the members had pre-existing
mandates that were deemed by the
government to be sufficiently compliant
with OPCAT to merit designation. As a result,
the manner in which the members meet
the OPCAT criteria is not always consistent.
For example, the members have varying
degrees of independence, their nature and
composition differs, and the frequency
of visits varies according to the type of
detention visited and the member carrying
out the visit. Nonetheless, for the most
part the members meet the OPCAT criteria,
although there are some outstanding issues,
some of which are described below under
Recommendation: The UK government
should explore gaps in the coverage of
the NPM, identifying places of detention
that are not currently monitored for the
purpose of preventing ill-treatment. Any
identified gaps, such as military detention
and court custody, should be addressed
as soon as possible to ensure that the UK
complies with its international obligations.
15
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents