Section two The fifth year
the same appropriate adult as younger
children was not recognised. This
consultation responded to a ruling by
the High Court that the PACE Code was
inconsistent with human rights standards,
and in October 2013 PACE Codes C and H
were revised to include entitlements for
detained 17-year-olds (a) to have access
to appropriate adults, and (b) to have a
parent/guardian informed of their arrest
and where they are being detained. Other
safeguards applicable to 16-year-olds
were also extended to 17-year-olds.
• CSSIW made a significant contribution to
the preparation and consultation of the
Social Services and Wellbeing (Wales) Act,
as well as a White Paper on the future
of regulation and inspection of care and
support in Wales. CSSIW also contributed
to the Welsh Government’s review of
Audit, Inspection and Regulation, and gave
evidence to the Commission on Public
Services Governance and Delivery, as well
as the Health and Social Care Committee
of the National Assembly for Wales on the
work of Healthcare Inspectorate Wales.
• CQC gave evidence to the committee
in the House of Lords scrutinising the
implementation of the Mental Capacity
Act since its enactment. In response to the
House of Lords report, CQC will take forward
its mandate to support and encourage use
of the existing provisions while they remain
lawful, as a means of protecting the human
rights of vulnerable people.
• HMI Prisons commented on the Draft
Voting Eligibility (Prisoners) Bill, stating
the importance of upholding a European
Court of Human Rights ruling on the
issue. In a submission to the Public
Accounts Committee’s review into the
accountability of quangos, HM Chief
Inspector of Prisons called for greater
safeguards to his independent mandate.
HMI Prisons submitted evidence to the
Justice Committee’s inquiry into policy
and planning of the prison estate, and
responded to government proposals for
major policy changes to the management
of young adults in custody. HMI Prisons
also commented on a number of technical
policy proposals affecting health and
substance misuse services in prisons, as
well as regulations guiding operations
in prisons and the immigration estate
(Prison Service Instructions and Detention
Services Orders).
• As a member of the Implementation
Group of Independent Monitoring of
Prisons, SHRC contributed to efforts to
progress the implementation of prison
visiting committees in Scotland and
made recommendations to the Scottish
Government Consultation on the draft
proposals for a Mental Health (Scotland)
Bill; the Regulation of Investigatory
Powers (Scotland) Act 2000: Revised
Codes of Practice for Cover Surveillance
and Covert Human Intelligence Sources;
and the Criminal Justice (Scotland) Bill at
the Scottish Parliament.
• MWCS responded to proposals from
the Scottish Government on changes to
the Mental Health (Care and Treatment)
(Scotland) Act 2003.
Thematic areas
i. Restraint
During the year the NPM further developed
its longstanding work to evaluate and
35 Police and Criminal Evidence Act 1984 - Code of Practice for the Detention, Treatment and Questioning of Persons by Police
Officers
27
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