National Preventive Mechanism Tenth Annual Report 2018–19
Police custody
NPM members highlighted the considerable
vulnerability and health care needs of many
people in police custody, where the ongoing
high use of force across England, Wales and
Scotland remained a serious concern.
HMICS found that across the 17 custody
centres it inspected in Scotland, staff were
committed to providing a good standard
of care, but the quality of the custodial
environment varied and was often poor,
hampering the effective and efficient
management of detainees. HMICS raised
concerns around the inconsistencies in
practice between custody centres, as well
as the ability to safeguard the health care
needs of highly vulnerable detainees.74
In England and Wales, there were 16 deaths
in or following police custody during the year,
a decrease on the 23 in the previous year.
Fourteen of these were men and two were
women. Ten people were identified as having
mental health concerns. There were 63
apparent suicides following police custody.75
In the nine reports of inspections of police
forces in England and Wales published during
2018–19, the governance and oversight of
the use of force was a cause of concern in
five of them, and an area for improvement in
the remaining four.76 Other areas of concern
included the ongoing presence of ligature
points in custody suites; poor recording on
custody records with the reasons for some
decisions not clear enough; and some long
waits for children and vulnerable adults
before receiving support from an appropriate
adult.77 Too few forces were recording
information about the ethnicity or other
protected characteristics of detainees.
Greater investment and improvements in
mental health support were noted in all the
forces inspected, and inspectors found that
people with mental illness were being held
in cells as a place of safety (under section
136 of the Mental Health Act 1983) only in
exceptional circumstances. This followed
amendments to the Act intended to limit the
use of police stations as a place of safety
which came into force in December 2017.
However, for those who were held, waiting
times for assessment and transfer under the
Mental Health Act remained high.78
Independent Custody Visitors reported that
detainees were largely being treated with
dignity by staff and noted improvements in
the menstrual care provided to women and
girls in police custody. Inspections continued
to find children being detained unnecessarily
in police cells, often because suitable
alternative accommodation, such as local
authority beds, was not available.
74
HM Inspectorate of Constabulary in Scotland, October 2018, Inspection of Custody Centres across Scotland, https://www.
hmics.scot/sites/default/files/publications/HMICS20181019PUB.pdf [accessed 13/01/20]
75
Independent Police Complaints Commission, 2019, Deaths during or following police contact: Statistics for England and
Wales for 2018/19, https://www.policeconduct.gov.uk/sites/default/files/Documents/statistics/deaths_during_following_
police_contact_201819.pdf [accessed 17/10/2019]
76
HM Inspectorate of Prisons, 2019, HM Chief Inspector of Prison for England and Wales Annual report 2018–19, https://
www.justiceinspectorates.gov.uk/hmiprisons/inspections/annual-report-2018-19/ [accessed 13/01/20].
77
HM Inspectorate of Constabulary and Fire & Rescue Services, 2018, State of Policing. The Annual Assessment of Policing
in England and Wales, https://www.justiceinspectorates.gov.uk/hmicfrs/wp-content/uploads/state-of-policing-2018.pdf
[accessed 05/12/19]
78 Ibid.
30
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