National Preventive Mechanism Fifth Annual Report 2013–14
At the time of writing, the government has
not tabled a bill to give legislative effect to
these, or any alternative, proposals.
Legislative and policy developments
Some legislative and policy developments
introduced during the year brought with
them significant changes to aspects of the
management of places of detention and the
provision of services to detainees.
Scotland
A national police service in Scotland, Police
Scotland, was formally established on 1 April
2013. As a result of this change, police
custody is now managed centrally in Scotland.
Two major pieces of legislation affecting
the work of Scottish NPM members were
debated and passed during the year. The
Children and Young People (Scotland) Act
2014,14 which received Royal Assent on
27 March 2014, introduced new duties
related to children’s rights, including the
requirement that the Care Inspectorate
report every three years on steps taken
to further children’s rights in Scotland. The
Public Bodies ( Joint Working) (Scotland)
Bill,15 passed through the Scottish Parliament
after being introduced on 28 May 2013.
It received Royal Assent on 1 April 2014.
The Act provided a new framework for
integrating health and social care in Scotland
and improving the quality and consistency
of these services. The Care Inspectorate (an
NPM member) will play a significant role in
monitoring these services.
England and Wales
A number of policy changes were introduced
in prisons in England and Wales during the
year. Revisions to the ‘incentives and earned
privileges’ scheme operating in prisons and
young offender institutions in England and
Wales were introduced in November 2013.16
These changes make it harder for prisoners
to earn privileges and restrict those available.
The commissioning arrangements for health
services in prisons in England changed in
April 2013, with NHS England taking on
the commissioning of services which had
previously been provided by local primary
care trusts. There was some disruption and
confusion as existing services were tendered
as part of the new arrangements.
Plans to build the largest prison in the UK, a
2,000-place privately-run establishment in
Wrexham, North Wales, were announced in
September 2013.
Restrictions on legal aid for prison law matters
were introduced in December 2013.17
Other developments included the Offender
Rehabilitation Act 2014, which achieved
Royal Assent on 13 March 201418 and set
out new provisions around the release and
supervision after release of offenders, as
well as provisions for the extension period
for extended sentence prisoners. It also
expanded powers for drug testing in prisons.
14 http://www.legislation.gov.uk/asp/2014/8/introduction/enacted
15 http://www.scottish.parliament.uk/parliamentarybusiness/Bills/63845.aspx
16 https://www.gov.uk/government/news/major-shake-up-to-prisoner-incentives
17 https://www.justice.gov.uk/legal-aid/newslatest-updates/legal-aid-transformation
18 http://www.legislation.gov.uk/ukpga/2014/11/contents/enacted/data.htm
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