National Preventive Mechanism Annual Report 2009–10
Independent Custody Visiting Association
I
ndependent 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
by virtue of the Police Reform Act 2002
which places a duty on each police authority
in England and Wales to organise and
oversee the delivery of custody visiting in its
area.22 The 2002 Act grants custody visitors
the power to access police stations, examine
records relating to detention, meet detainees
for the purpose of a discussion about their
treatment and conditions, and inspect
facilities, including cell accommodation,
washing and toilet facilities and the facilities
for the provision of food.
Each police authority is responsible for
recruiting visitors in its area and must
ensure there is an adequate number
of trained visitors available at all times.
Recruitment is done through an open, nondiscriminatory and well-publicised process.
In making appointments, the police authority
must ensure that visitors have no direct
involvement in the criminal justice system
and are independent of both the authority
and the police force for that area. The police
authority must also ensure that visitors
are representative of the local community
and that there is a balance in terms of age,
gender and ethnicity.
The police authority is responsible for
administering the visiting scheme in its
area. However, the vast majority of custody
visiting schemes are also members of the
Independent Custody Visiting Association
(ICVA), a voluntary organisation which seeks
to promote and support effective custody
visiting. ICVA provides advocacy, training and
support for visitors. It also supports police
authorities in administering their visiting
schemes by, for example, advising on best
practice.23
Methodology
Visits to police stations must be undertaken
by custody visitors in pairs. Visits are
unannounced and are usually not less than
once a week. A decision about the frequency
of visits is made locally by the police
authority in consultation with the police
force. Visits should be sufficiently regular to
monitor detainees’ welfare, but should not
be so frequent as to unreasonably interfere
with the work of the police.
When visiting police stations, visitors monitor
the way in which detainees are treated and
the conditions in which they are held, as
well as their general health and wellbeing.
Visitors also check that detainees’ rights
and entitlements are being observed. These
rights and entitlements are set out in the
Police and Criminal Evidence Act 1984 (PACE)
and its associated Codes of Practice.
During visits, custody visitors may speak
to detainees to discuss detainees’ health
and wellbeing, to establish whether
detainees have been offered their rights and
entitlements under PACE and to confirm that
their conditions of detention are adequate.
Subject to the detainee’s consent, the visitor
may examine the detainee’s custody record
as well as other relevant documentation.
At the end of each visit, and while they are
22 There is a police authority for each local police force in England and Wales. The authority is independent of the police force
and exists to secure the maintenance of an efficient and effective police force for its area. The authority holds the chief
police officer to account for the services delivered by the police force.
23 The custody visiting schemes in Northern Ireland and Scotland are also members of ICVA and benefit from its support.
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents