National Preventive Mechanism Third Annual Report 2011–12
Her Majesty’s Inspectorate
of Constabulary
Her Majesty’s Inspectorate of Prisons
HMIC has a statutory duty to inspect and report for Scotland
on the efficiency and effectiveness of policing.
Following the ratification of OPCAT, HMIC’s
role has included carrying out inspections of
police custody facilities in England and Wales
in partnership with HMIP. From 2012, HMIC
has the statutory power to inspect customs
custody facilities operated by UK Border Force.
Her Majesty’s Inspectorate of
Constabulary for Scotland
In 2011–12, the role of HMICS was to monitor
and improve police services in Scotland. It
scrutinised the work of Scotland’s eight police
forces, as well as the operational policing
aspects of the Scottish Crime and Drugs
Enforcement Agency. HMICS inspects all aspects
of policing, including police custody. Following
the merging of Scotland’s eight police forces
into one national service on 1 April 2013, the
role of HMICS will be to monitor the state,
efficiency and effectiveness of the Scottish
Police Authority and the police service.
Her Majesty’s Inspectorate of Prisons
HMIP is an independent statutory organisation
that carries out regular inspections of places
of detention to assess the treatment of and
conditions for detainees. HMIP inspects all
prisons in England and Wales, including YOIs,
all immigration removal centres, short-term
holding facilities and escort arrangements
for immigration detainees, and all police
custody facilities in association with HMIC.
By invitation, HMIP also participates in
inspections of prisons in Northern Ireland (in
partnership with CJINI) and inspects some
military detention facilities. In 2012, HMIP
was granted powers to inspect court custody
facilities and also began inspecting secure
training centres in partnership with Ofsted,
and customs custody facilities with HMIC.
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HMIPS inspects prisons, including YOIs, paying
particular attention to the treatment of and
conditions for prisoners. The Inspectorate
also has a duty to inspect legalised police
cells. These cells are used to hold prisoners
awaiting trial in their local area, rather than
transfer them to distant prisons. It also inspects
prisoner escort arrangements – this includes the
conditions in which prisoners are transported
from one place to another – as well as court
custody facilities or other places where
prisoners are held temporarily outside a prison.
Independent Custody Visiting
Association
Independent custody visitors are volunteers
from the community who visit all police stations
where detainees are held to check on their
welfare. Custody visiting is statutory and visitors
have the power to access police stations,
examine records relating to detention, meet
detainees for the purpose of discussing their
treatment and conditions, and inspect facilities,
including cells, washing and toilet facilities, and
facilities for the provision of food.
Independent Custody Visitors (Scotland)
Independent custody visitors in Scotland carry
out regular, unannounced visits to police
stations to monitor the treatment of and
conditions for detainees. Custody visitors in
Scotland have not been designated separately
as a member of the UK NPM but are members
of the ICVA, although they retain their own
funding and management framework. By
virtue of the Police and Fire Reform (Scotland)
Act 2012, custody visiting in Scotland was given
a statutory basis.
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