National Preventive Mechanism Eleventh Annual Report 2019–20
HMI Prisons carried out three inspections of
court custody facilities in England and Wales
during the reporting year, which covered
five crown courts, 16 magistrates’ courts,
eight combined courts and one immigration
and asylum chamber. In all the court custody
facilities, inspectors found that generally
good attention was paid to ensuring
detainees’ legal rights were met. Detainees
were mostly kept in reasonable conditions
and were treated well during their time in
court custody. Inspectors were concerned
that some detainees continued to be held
in custody for longer than necessary. Force
was used relatively infrequently, and when it
was, it seemed generally proportionate and
reasonable. However, it was of continued
concern that in all the courts inspected,
detainees (including children) were subjected
to routine and excessive handcuffing in the
absence of individual risk assessments and
despite the secure environment.
HMI Prisons inspections took place alongside
regular oversight from the Lay Observers
(LO), who reported that incomplete and
poor-quality Person Escort Records (PERs)
were preventing escort and custody officers
from undertaking vital risk assessments.
There were also ineffectively and improperly
implemented health care procedures;
poor conditions in a number of custody
suites; issues with the escort, court custody
arrangements and treatment of children
and young people; and long delays in the
release or transfer of detained people.
For example, an LO report from Bradford
Magistrates’ Court recorded that a 14-yearold child arrived in the custody suite at
8.46am. He was then kept in his cell until his
court appearance at 3.08pm which finished
at 4.05pm. He eventually left the custody
suite for his onward journey to a YOI at 8pm.
That meant he had been held in the cells
for over 11 hours and he did not arrive at
his destination until late at night. This does
not happen with adults as most prisons
have a deadline for receiving detainees
from court. Frequently children and young
people are transported on vans with adults
in contravention of the Beijing expectations
‘that Juveniles under detention pending trial
shall be kept separate from adults.’186 As a
result, children and young people are held
on vans until all adults have been returned
to their establishments and then transported
to theirs last. LOs regarded this is as a lack
of respect and decency for such young,
vulnerable people.
LOs also undertook a detailed analysis of the
location of observers and courts, to provide
information for the restructure of the regions
to be more effective in terms of time and
access. Three surveys were conducted
to establish the impact of developments
introduced by the Prisoner and Escort
Custody Service (PECS). They focused on:
the publication of a guidance document on
the management of medication for detained
persons produced by NHS England; the
publication of guidance with two flowcharts
for control of extreme temperatures; and
the introduction of commercially-produced
distraction packs for people in detention.
186 United Nations, 1985, United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing
Rules”), https://www.ohchr.org/Documents/ProfessionalInterest/beijingrules.pdf [accessed 10/11/2020]
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