National Preventive Mechanism Third Annual Report 2011–12
(3) The arrangements may, in
particular, authorise independent
custody visitors to —
(a) access, without prior notice,
any place in which a detainee
is held
(b) examine records relating to
the detention of persons there
(c) meet any detainees there
(in private) to discuss their
treatment while detained and
the conditions in which they
are detained
(d) inspect the conditions in which
persons are detained there
(including cell accommodation,
washing and toilet facilities and
facilities for the provision of
food), and
(e) meet such other persons that
the visitors think may have
information relevant to the
treatment of detainees and
the conditions in which they
are detained.
95 SPT visits
(1) The authority must make
arrangements to ensure
that members of the SPT
[Subcommittee on Prevention of
Torture and other Cruel, Inhuman
or Degrading Treatment or
Punishment established under
Article 2 of OPCAT] may —
(a) visit detainees
(b) access information relevant
to the treatment of detainees
and the conditions in which
they are detained, and
(c) monitor the treatment of
detainees and the conditions in
which they are detained.
40
Prison visiting committees in
Scotland
In Scotland, each prison has a visiting
committee that performs a role similar to that
of an IMB in England, Wales and Northern
Ireland. At the time the NPM was designated,
visiting committees were not included as
they were undergoing review and there were
concerns about the extent to which they
were OPCAT-compliant. For example, the
committees received their funding directly
from the Scottish Prison Service, which could
compromise their independence. Pending
the outcome of the review, it was anticipated
that visiting committees may be designated
as an NPM member in the future.
However, in 2011, the Scottish government
announced that it had concluded its review
and would abolish prison visiting committees.
While acknowledging that prisons in Scotland
are also independently inspected by HMIPS,
the NPM expressed concern about this
proposal, particularly:
• the loss of such frequent visits to prisons
• the reduced protection available to prisoners
in Scotland compared with those in the rest
of the UK
• the benefits of ‘layered’ prison monitoring
by both a professional inspectorate, such
as HMIPS, and lay monitors, such as visiting
committees
• the need to ensure that decisions on prison
monitoring should take OPCAT into account.
The Scottish government responded to
concerns expressed by the NPM and others
by proposing that HMIPS take on a prison
monitoring role in addition to its inspection
function. The NPM will continue to engage with
the Scottish government and other relevant
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