National Preventive Mechanism Sixth Annual Report 2014–15 Background Detention in police custody in England and Wales is governed through Code C of the Police and Criminal Evidence Act 1984. Some detainees in police custody are held under immigration powers (‘IS91’ detainees) awaiting transfer to an IRC, or under section 136 of the Mental Health Act and the Children Act 1989 as a ‘place of safety’. Police custody, including specially designated suites, is also used to hold detainees under the Terrorism Act 2000 (TACT).87 • Under PACE, detainees can be detained for a maximum of 24 hours before a charge or an extension of detention is sought from a police superintendent for a further 12 hours. In serious cases, detention can be further extended by a magistrate. Detention can be further extended once a detainee is charged if bail is refused and they are awaiting a court appearance. • In Scotland, detainees held for court are detained until the next lawful (court sitting) day, which could extend to four days in custody during a holiday period. • Under the Terrorism Act, detainees can be held before charge for up to 14 days, subject to regular reviews. • There is no time limit on detention under IS91 in police custody. • There is no specific time limit on the detention of children in police stations as a place of safety, but this should be ‘only […] until such time as alternative suitable accommodation can be found’.88 • Under the Mental Health Act 1983, the maximum period a person can be detained by the police is 72 hours. Border Force customs custody is similar to police custody but has a small throughput (approximately 750 in 2013–14). Individuals passing through ports or airports suspected of having ingested drugs in sealed packages to conceal them while entering the country may be held here to await any drugs passing through their bodies. Where isolation and solitary confinement occur Isolation is the norm in police custody, justified by the fact that detainees need to be held alone while questioned about offences they might have committed, or while other evidence is being gathered, before charge. Policy sets out single cell occupancy for all detainees, regardless of their offences or the duration of their detention.89 On rare occasions, detainees in England and Wales have been found ‘doubled up’ in cells. NPM members considered cases of longer than normal periods of detention without ‘meaningful interaction’, some of which could amount to solitary confinement. Specific issues identified through monitoring Length of isolation The maximum time that a detainee in police or border force custody will be isolated should be determined by the time limits of the specific detaining power under which they are held, as above. 87 Unlike PACE detainees, under TACT section 41, individuals can be arrested for ‘reasonable suspicion’ of being concerned in the commission, preparation or instigation of acts of terrorism even when no specific offence is in mind. The treatment of TACT detainees is governed by specific rules contained in Part I of TACT Schedule 8 and PACE Code H. 88 The Children Act 1989. 89 Police Scotland; PACE section 8 Code C. 42