National Preventive Mechanism Third Annual Report 2011–12
Professional knowledge
Article 18(2) of OPCAT requires that, ‘the
experts of the national preventive mechanism
have the required capabilities and professional
knowledge’. The SPT has expanded on this
provision, suggesting that NPMs should
include staff with relevant legal and health
care expertise.25 This requirement is at odds
with the nature of lay bodies. Lay monitors
are selected on the basis of their qualities and
skills rather than any professional background
or qualification. Often, those with work
experience of a particular type of custody are
specifically prohibited from becoming a lay
monitor, as this would represent a conflict
of interest (for example, a serving or former
police officer may not serve as a custody
visitor). Once appointed, they receive training
in detention monitoring. A key strength of lay
bodies is that they are made up of people who
represent the local community and come from
all walks of life, thereby providing a range of
perspectives when monitoring treatment and
conditions for detainees.
The lay members of the NPM do not feel
that they should change their composition
in response to OPCAT as, due to the layered
nature of detention monitoring, professional
expertise (such as health care expertise) is
provided by the inspectorates during their visits
to places of detention.
Diversity
Article 18(2) of OPCAT also requires that NPMs
have a gender balance and an adequate
representation of ethnic and minority groups.
IMB members and custody visitors are recruited
in an open and fair manner. Given that they
are recruited from a range of backgrounds
and not on the basis of their professional
expertise, coupled with the sheer number
of lay monitors (there are around 1,750 IMB
25 SPT, Guidelines paragraph 20.
38
members in England and Wales), there is scope
for a broad cross-section of the community to
be involved in detention monitoring. However,
because of the voluntary nature of the work,
lay monitors tend to be retired and therefore
older. Lay bodies can struggle to recruit younger
volunteers, as well as those from minority
ethnic groups. Lay bodies acknowledge that
this issue must be addressed given that
younger people and those from black and
minority ethnic groups are over-represented in
the detainee population. The workshop gave
the lay members of the NPM the opportunity
to share information about how they target
minority groups in recruitment and what can be
done to retain volunteers.
Adequate resources
Despite the many advantages of lay
monitoring, there are also some challenges.
Although it is a cost-effective method of
monitoring detainees’ treatment and conditions,
even lay monitoring has faced budget cuts in
recent years. To maintain monitoring levels,
savings must be found in already lean budgets.
There are concerns that training for volunteers
may be affected. Given that it can be difficult
to ensure consistency in approach across
monitoring boards or custody visiting schemes,
initial and ongoing training remains essential.
Custody visiting in Scotland
In England and Wales, and in Northern
Ireland, police custody visiting schemes were
established by statute. Although custody
visiting schemes also operate in Scotland,
they had no statutory basis and, as a result,
were not designated as a member of the
NPM by the government. At the time of
designation in 2009, the government required
all NPM members to have a statutory right of
unrestricted access to places of detention and
to detainees. However, since then the status
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