National Preventive Mechanism Fifth Annual Report 2013–14
next business year and will have a greater
emphasis on engaging prisoners in decisionmaking, improving evaluation of the clarity
of purpose and priorities of the prison and
assessing relationships both within the prison
and with external agencies and communities.
An earlier review of Independent Custody
Visiting Association (ICVA) commissioned by
the Home Office and supported by the then
Association of Police Authorities (APA) made
a number of governance recommendations,
including a proposal to change the status of
ICVA from an incorporated organisation into
a company limited by guarantee. This final
change became effective from 31 July 2013.
The Coroners and Justice Act 2009 extended
the remit of independent custody visitors
to terrorist suspects in detention. The Code
of Practice on Independent Custody Visiting
(issued under the Police Reform Act 2002)
was amended in March 2013 to set out how
this would operate in practice. The changes
take account of the differences between the
statutory framework of powers applicable to
terrorism investigations and that applicable
to non-terrorism investigations. Changes
were also made to the governance of the
Association, including the introduction of
regional representation from the former
police authority regional areas and changes
to the constitution. Further work to
harmonise visit report forms and national
application forms for independent custody
visiting is being undertaken. ICVA has raised
its concern that reducing budgets and
competing demands on Police and Crime
Commissioners (PCCs) has resulted in custody
visiting schemes not being prioritised.
Independent Monitoring Boards (IMBs)
targeted night-time moves of immigration
detainees through their monitoring, which
led to increased efforts from the Home Office
22
to analyse relevant data carefully and reduce
the number of moves at anti-social hours.
Lay Observers, recently incorporated into
the NPM, raised awareness of the need to
provide prisoners with information, including
‘first night leaflets’, while still at court as
essential preparation for their move to a
prison for the first time. Lay Observers also
strengthened efforts to review prisoner escort
records to ensure the provision of information
and leaflets had been recorded alongside any
relevant conversations held before a prisoner
had been moved to a prison for induction.
Further awareness-raising among all court
custody stakeholders was conducted around
the importance of cleanliness, decoration and
the provision of basic sanitary facilities in all
court custody. Lay Observers also began a
national recruitment drive, introduced regular
member performance assessments and
began work to develop their training regime.
The Mental Welfare Commission for
Scotland (MWCS) undertook a series of
visits to women with mental health needs
in prison, and made recommendations to
improve training, pathways and assessment
of needs. The Commission reviewed the
operation of restrictions in hospital on
correspondence and telephones and the use
of security measures for detained patients,
and found that there were gaps in the
knowledge and application of the legislative
safeguards. It issued guidance on the use
of the ‘nurses’ holding power’ in mental
health law, and a report reviewing deaths
in mental health detention. The MWCS also
published investigations into two cases of
people with mental health problems and a
learning disability respectively who were in
the criminal justice system, when this might
have been avoided with better support from
the care system.
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