National Preventive Mechanism Eighth Annual Report 2016–17
Although never published in a final version,
the draft Concordat for Children in Custody in
England led to work ensuring children do not
spend excessive time in custody and places
an onus on moving children, post charge,
to local authority accommodation. While
this document simply highlights existing
legislation and guidance, it represents a de
facto change in practice, as the rules had not
been implemented.
Publication of the independent review
into deaths and serious incidents in police
custody was still awaited at year end.66
In November, press reports cited information
obtained under freedom of information
legislation that 17 of the 49 police forces in
the UK were using mesh fabric spit hoods,
and that other forces were considering
using them.67 Their use was considered an
operational decision for individual forces,
and was strongly criticised by some nongovernmental groups. Data suggested that
since 2011, spit hoods had been used at
least 2,486 times – in 635 cases on people
with suspected mental health issues. In
August 2016, ACC Tim Jacques, chair of the
National Police Chiefs’ Council portfolio for
Health, Safety and Welfare, wrote to all chief
constables recommending that forces give
serious consideration to providing spit hoods
to all frontline officers.68
Immigration detention
In July 2016, the UK government announced
they would close Cedars, the only secure
pre-departure accommodation designed
to hold families with children. Cedars was
opened in 2011 as part of government
commitments to end the routine detention
of children for immigration purposes. The
decision to close Cedars followed on from
concerns about the high cost and low and
decreasing levels of use.69 The government
announced its plan to replace Cedars with
new pre-departure accommodation near
Gatwick Airport, in a separate unit at Tinsley
House immigration removal centre.
In September 2016, the government
announced it would close the only
immigration removal centre in Scotland,
Dungavel, replacing it with a new shortterm holding facility near Glasgow Airport.
However in February this decision was
reversed, citing as a reason the local council’s
decision to block the new holding facility.
The Immigration (Guidance on Detention
of Vulnerable Persons) Regulations 2016
came into force on 12 September 2016.70
It implemented the Adults at Risk in
Immigration Policy which specifies matters
to be taken into account in determining
whether a person would be particularly
vulnerable to harm if they were to be
66. See https://www.gov.uk/government/speeches/home-secretary-announces-review-of-deaths-in-policy-custody
[accessed 09/11/17]. The report was published following the end of the 2016/17 year, in October 2017,
https://www.gov.uk/government/publications/deaths-and-serious-incidents-in-police-custody.
67. BBC, 2016, ‘‘Cruel’ spit hoods used by third of UK police forces’, http://www.bbc.co.uk/news/uk-england-37938056
[accessed 09/11/17].
68. Police Federation, 2016, ‘Spit and bite guards’, http://polfed.org/spitguards [accessed 09/11/17].
69. Stephen Shaw, 2016. Review into the Welfare in Detention of Vulnerable Persons, A report to the Home Office,
3.143–3.155 and recommendation 5. https://www.gov.uk/government/publications/review-into-the-welfare-in-detentionof-vulnerable-persons [accessed 13/11/17].
70. See http://www.legislation.gov.uk/uksi/2016/847/contents/made [accessed 09/11/17].
26
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