Section three The NPM in 2015–16
Submitting proposals and
observations on legislation
(OPCAT article 19(c))
NPM members work actively to strengthen
government policy that is relevant to the
detention settings they monitor and to their
own functions. In addition, this year the NPM
coordination submitted brief comments
to the Law Commission’s consultation on
Mental Capacity and Deprivation of Liberty.
Members’ involvement in consultations and
the development of government policy
included the following:
• Ofsted, CCE and HMI Prisons made
significant contributions to the Ministry of
Justice review of youth justice, bringing
their inspection evidence and experience
to bear with the review team. This included
recommendations to move towards the
decommissioning of young offender
institutions for children and a reorientation
of the ethos of secure training centres.
• These organisations also engaged with
the Medway Improvement Board, with a
view to informing the Board’s work and its
final report to the Secretary of State.
• CCE and HMI Prisons both commented
on a consultation about a reduction of
the Youth Justice Board’s budget, which
had implications for the commissioning of
custodial facilities for children and the roll
out of a new system for restraint.
• CQC gave input to the Department of
Health on the Policing and Crime Bill
2015–16, which contains a number of
changes to the powers under sections
135 and 136 of the Mental Health Act
1983, including banning the use of police
cells for the detention of under-18s
and reducing the maximum period of
detention.
• The CI contributed to a number of
consultations relevant to secure settings
and deprivation of liberty within the
last year, including: Community Justice
Scotland (Bill) Call for Evidence (August
2015); Proposals for the creation of an
offence of wilful neglect or ill-treatment
with regard to services for children under
the age of 18; Consultation on working
together for people who go missing in
Scotland (November 2015); Consultation
on the Scottish Law Commission Report
on Adults with Incapacity (March 2016);
Consultation on the Protection of
Vulnerable Groups (Scotland) Act 2007:
Sections 35(2) and (3), (March 2016);
Consultation on the implementation of
the Mental Health (Scotland) Act 2015
and Associated Regulations (Part 1),
(May 2016); Consultation on Children
and Young People (Scotland ) Act 2014:
Part 1, Children’s Rights Reporting and
Part 3 Children’s Services Planning ( June
2016); Review of learning disability and
autism in Scottish mental health law – a
scoping consultation ( July 2016). In its
response to a consultation on further
extension of coverage of the Freedom of
Information (Scotland) Act 2002 to more
organisations in September 2015, the
CI agreed with the proposals to extend
freedom of information coverage to
privately managed prisons subcontracted
to carry out work for the Scottish Prison
Service, and to all five current secure
accommodation services for children.
• HMIPS contributed to the Scottish
Government consultation on the
presumption against short sentences,
supporting the extension of the
presumption for sentences up to 12
months.
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