National Preventive Mechanism Annual Report 2009–10 Independent Custody Visiting Association I ndependent custody visitors are volunteers from the community who visit all police stations where detainees are held to check on their welfare. Custody visiting is statutory by virtue of the Police Reform Act 2002 which places a duty on each police authority in England and Wales to organise and oversee the delivery of custody visiting in its area.22 The 2002 Act grants custody visitors the power to access police stations, examine records relating to detention, meet detainees for the purpose of a discussion about their treatment and conditions, and inspect facilities, including cell accommodation, washing and toilet facilities and the facilities for the provision of food. Each police authority is responsible for recruiting visitors in its area and must ensure there is an adequate number of trained visitors available at all times. Recruitment is done through an open, nondiscriminatory and well-publicised process. In making appointments, the police authority must ensure that visitors have no direct involvement in the criminal justice system and are independent of both the authority and the police force for that area. The police authority must also ensure that visitors are representative of the local community and that there is a balance in terms of age, gender and ethnicity. The police authority is responsible for administering the visiting scheme in its area. However, the vast majority of custody visiting schemes are also members of the Independent Custody Visiting Association (ICVA), a voluntary organisation which seeks to promote and support effective custody visiting. ICVA provides advocacy, training and support for visitors. It also supports police authorities in administering their visiting schemes by, for example, advising on best practice.23 Methodology Visits to police stations must be undertaken by custody visitors in pairs. Visits are unannounced and are usually not less than once a week. A decision about the frequency of visits is made locally by the police authority in consultation with the police force. Visits should be sufficiently regular to monitor detainees’ welfare, but should not be so frequent as to unreasonably interfere with the work of the police. When visiting police stations, visitors monitor the way in which detainees are treated and the conditions in which they are held, as well as their general health and wellbeing. Visitors also check that detainees’ rights and entitlements are being observed. These rights and entitlements are set out in the Police and Criminal Evidence Act 1984 (PACE) and its associated Codes of Practice. During visits, custody visitors may speak to detainees to discuss detainees’ health and wellbeing, to establish whether detainees have been offered their rights and entitlements under PACE and to confirm that their conditions of detention are adequate. Subject to the detainee’s consent, the visitor may examine the detainee’s custody record as well as other relevant documentation. At the end of each visit, and while they are 22 There is a police authority for each local police force in England and Wales. The authority is independent of the police force and exists to secure the maintenance of an efficient and effective police force for its area. The authority holds the chief police officer to account for the services delivered by the police force. 23 The custody visiting schemes in Northern Ireland and Scotland are also members of ICVA and benefit from its support. 28