National Preventive Mechanism Annual Report 2009–10
Her Majesty’s Inspectorate of Constabulary
T
he role of HM Inspectorate of Constabulary
(HMIC), set out in the Police Act 1996,
is to inspect and report on the efficiency
and effectiveness of policing. This involves
inspecting individual local police forces and
police authorities as well as national police
forces and policing agencies. Following the
UK’s ratification of OPCAT, HMIC’s role has
included carrying out inspections of police
custody facilities in England and Wales in
partnership with HM Inspectorate of Prisons.
HMIC is currently led by a Chief Inspector and
four Inspectors of Constabulary, and is staffed
by a team of assistant inspectors. Until
recently, members of HMIC were appointed
exclusively from the ranks of senior police
officers. It is now customary, however, that
some inspectors are appointed from nonpolice backgrounds, underlining HMIC’s
commitment to objectivity and broadening
its professional base.
Methodology
The inspection programme devised by
HMIC and HMIP seeks to ensure that every
designated police custody suite in England
and Wales is inspected at least once in a
six-year period. By the end of March 2010,
the inspection programme was a third of the
way through its projected cycle. During the
six-year cycle, some police custody suites will
be subject to follow-up inspections based on
an assessment of risk. Around one-third of
inspections are unannounced.
As well as visiting custody suites and
speaking to detainees and staff, evidence
is drawn from surveys of prisoners at a
nearby prison who have previously been
detained in the relevant custody suite.
After each inspection, a detailed report is
sent to the relevant chief constable and
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the chair of the police authority. The police
authority responds within three months by
producing an action plan to address any
recommendations made.
HMIC and HMIP have devised detailed
inspection criteria, known as expectations,
against which the treatment and conditions
for detainees in police custody are assessed.
The expectations also act as a guide to
senior police officers and police authorities
on the standards that the two inspectorates
expect to find in police custody and the
sources of information and evidence upon
which they will rely. The expectations are
informed by the Police and Criminal Evidence
Act 1984 (PACE) and its associated codes
of practice and government guidance on
the safer detention and handling of people
in custody. In addition, the expectations
are informed by, and referenced against,
international human rights standards. The
four key areas covered by the expectations
are strategy, treatment and conditions,
individual rights and health care. The final
expectations were published in 2010 after
being trialled in several inspections and
following consultation with key stakeholders.
Summary of activities
and key issues
In 2009–10, HMIC and HMIP carried out 14
police custody inspections. These inspections
brought to light some good practice in
individual police forces and custody suites,
but also identified some general and
systemic concerns. At a strategic level, some
police forces paid insufficient attention
to custodial issues. Where this was the
case, it led to inconsistency in provision
and conditions as well as a failure to
recognise the importance of a safe custodial
environment. Another emerging concern
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