National Preventive Mechanism Sixth Annual Report 2014–15
measures have led to significant changes to
the delivery of criminal justice, including the
budgets of NPM members.
There were many major developments in
legislation and policy during the year affecting
both the services that NPM members inspect
and their own monitoring functions.
• The Social Care and Wellbeing (Wales) Act
became law on 1 May 2014. The act
provides the legal framework for
improving the wellbeing of people who
need care and support, and carers who
need support, and for transforming social
services in Wales; it will come into effect
from April 2016.20
• The Immigration Act 2014 introduced
limitations on the right to appeal Home
Office immigration decisions to an
independent tribunal, among other
provisions.21
• The Children and Families Act 2014
changed the Children’s Commissioner for
England’s primary function, which now
involves ‘promoting and protecting the
rights of children’ with regard to the UN
Convention on the Rights of the Child,
rather than ‘promoting awareness of the
views and interests of children’. It entered
into force on 1 April 2014.22
• The Regulation and Inspection of Social
Care (Wales) Bill, introduced in February
2015, seeks to reform the regulatory
and inspection regime for both care and
support services and local authority social
services functions in Wales.
• The Public Services Reform (Inspection
and Monitoring of Prisons) (Scotland)
Order 201523 introduced a new system
of independent monitoring of prisons
to replace the existing Prison Visiting
Committees, and passed responsibility
for monitoring legalised police cells24 to
custody visitors. It will enter into force on
31 August 2015.
• The Criminal Justice and Courts Act 2015
received Royal Assent in February 2015
and established secure colleges as new
places of detention for young people,
setting out powers for HMI Prisons and
Ofsted to inspect secure colleges if
they are ever developed.25 The Act also
introduced mandatory prison sentences
for those aged 16 years or older convicted
of a second or subsequent offence of
carrying a knife.
• The Care Act 2014 came into effect
in April 2015, introducing a statutory
framework for the delivery of social
care in prisons and marking a significant
change in the way prisons arrange and
provide social care for offenders.
• The Revised Code of Practice for the
Detention, Treatment and Questioning
of Persons by Police Officers (Police and
Criminal Evidence Act 1984 Code C) was
issued in May 2014. This includes the
revision to the law made in the previous
year that allows 17-year-olds the right of
access to an appropriate adult when in
police custody.26
20 At: http://www.legislation.gov.uk/anaw/2014/4/contents (accessed 14/10/15).
21 At: http://www.legislation.gov.uk/ukpga/2014/22/contents/enacted (accessed 14/10/15).
22 At: http://www.legislation.gov.uk/ukpga/2014/6/contents/enacted (accessed 14/10/15).
23 At: http://www.legislation.gov.uk/ssi/2015/39/contents/made (accessed 14/10/15).
24 Legalised police cells are where prisoners can be held for up to 30 days. They are found in police stations not near to
prisons.
25 In July 2015, the Minister for Prisons, Andrew Selous MP, announced to parliament that the government would no longer go
ahead with the creation of a ‘secure college pathfinder’ and work on the proposed site in the Midlands would cease.
26 https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364707/PaceCodeC2014.pdf
16
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