Section two Focus on detention issues
In the cases we identified where detainees
had been held for longer than usual periods,
the conditions of detention were the same
as they would have been for any other
detainee. Police cells are unfurnished and
have a simple bench in them. They usually
have a mattress, pillow and blanket (but
often only on request or at night). Most
cells have in-cell toilets but only a minority
have handwashing facilities. Detainees held
for long periods may have to remain in the
clothing that they arrived in, although families
are sometimes allowed to bring fresh clothes
for those detained for longer periods, subject
to risk assessment. NPM members find that
although alternative clothing is sometimes
provided, changes of underwear are only
stocked by a minority of suites.
One NPM member noted that of eight Border
Force custody suites inspected, only two had
an outside exercise area. They noted that
detainees were often held alone, and that
interaction between detainees and staff was
mixed. In one case, a detainee had been
held for 20 days in a suite with no outside
exercise facilities, but staff had made efforts
to facilitate telephone calls, obtain books and
clothing, and were considerate.
Conclusion
Policies governing detention in police custody
indicate that detainees should be held alone
in cells, which mostly has a specific rationale
arising from their detention before charging
while evidence might be gathered.
However, as identified above, in some cases
detainees are held for longer than usual
periods and ways of offsetting the isolating
conditions should be explored. This should
include encouraging meaningful interaction
between staff and detainees, and facilitating
access to showers and exercise yards, visits
and reading materials.
NPM monitoring also shows that there might
be cases where individuals held in police
custody could safely interact with others,
such as the case involving detainees from
the same family held under immigration
powers.
The possibility that detainees can be held
for up to 14 days under terrorism legislation
warrants particular attention, given the
likelihood of longer than usual periods of
isolation, and will be considered by NPM
members in future work.
Key themes
Some themes emerge from the review
of practice by NPM members, allowing us
to identify broad areas of concern across
different types of detention.
The evidence provided by NPM members
shows that there is inconsistent practice
across detention settings. Areas of good
practice have been identified, including
valuable efforts to reduce the use of isolation
and address complex individual cases.
The findings show the extent to which
practices or regimes in places of detention
amount to solitary confinement. Although
many of these do not have the main
purpose of isolation (e.g. ‘basic’ regimes), the
fact that they result in solitary confinement
is of concern. The use of diverse terminology
to describe practices that isolate detainees
could deflect attention from the severe
nature of these practices.
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