National Preventive Mechanism Annual Report 2009–10
Independent Custody Visitors Scotland
A
lthough visiting of police custody takes
place in Scotland as it does in the rest of
the UK, the Scottish custody visiting schemes
have not been separately designated as
part of the UK’s NPM. Instead they are
members of the Independent Custody
Visiting Association (ICVA) albeit that they
retain their own funding and management
framework. For the sake of clarity, custody
visitors in Scotland would prefer that they
be designated separately from ICVA as is the
case in Northern Ireland.63
Where schemes are in place, they operate
in substantially the same way as custody
visiting schemes in England and Wales.66
Visitors are recruited by police authorities
and should be independent people of good
character, who are able to make informed
judgments about detention in which the
community can have confidence, and which
the police will accept as fair. Visitors carry out
visits in pairs to police stations, examining the
conditions in which detainees are held and
speaking with detainees and custodial staff.
As in the rest of the UK, independent
custody visitors in Scotland carry out regular,
unannounced visits to police stations to
monitor the treatment of and conditions for
detainees. However, in Scotland, custody
visiting is not a statutory requirement.
Instead, it is up to Scotland’s eight police
authorities to decide for themselves whether
to establish and maintain a custody visiting
scheme for their area.64 Although not
statutory, custody visiting is supported by the
Scottish government. In 2004, it published
guidance setting out its commitment to
custody visiting and suggesting national
standards to assist in the introduction of
visiting schemes across Scotland.65
Visiting schemes in Scotland are members
of ICVA, itself a member of the UK’s NPM.
The Scottish government makes a financial
contribution to ICVA so that its Scottish
members may benefit from its support and
expertise.
Each of the eight police authorities has
chosen to establish a custody visiting
scheme, although one is not yet operational.
Of the seven operational schemes, the
majority are well-established while other
schemes are still in the process of being
rolled out across the police authority area.
OPCAT compliance and impact of
NPM membership
Although custody visitors in Scotland carry
out their visits in line with the requirements
of OPCAT, the overall visiting scheme is not
yet fully OPCAT-compliant. For example,
police stations in all areas of Scotland are not
yet covered by visiting schemes, although
progress is being made. The lack of a
statutory basis for custody visiting in Scotland
is also cause for concern.67 Nonetheless,
the inclusion of custody visitors in Scotland
as part of the UK’s NPM has already had a
positive impact by sharpening their focus
on monitoring the human rights of those
detained in police custody.
63 Custody visitors in Northern Ireland are also members of ICVA but were nonetheless designated separately as an NPM
member by the government.
64 Police authorities (sometimes called police boards) in Scotland are independent of the police force and are not responsible
for the day-to-day delivery of policing. Instead, each police authority is responsible for setting, monitoring and scrutinising
the budget of its local police force and for holding the Chief Constable to account for the force’s performance.
65 Police Circular 14/2004, Independent Custody Visiting National Standards.
66 For further information, see the profile of ICVA above at page 28. It should be noted however that custody visitors in Scotland
assess the rights and entitlements of detainees against the Criminal Procedure (Scotland) Act 1995, rather than PACE.
67 See Article 18(4) of OPCAT citing the Paris Principles, Principle 2 of which recommends that institutions should have a
constitutional or legislative basis. See also SPT, Preliminary guidelines for the on-going development of national preventive
mechanisms (2008) at 1(i).
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