2012
Working systems of the joint HMIC and HMI Prisons Police Custody Inspection Programme for police forces in England and Wales have been reviewed following feedback from stakeholders and forces. This has resulted in a revision of the Memorandum of Understanding (MoU) and the Expectations for Police Custody (Expectations).
The amendments in the MoU now reflect:
A risk based approach to re-inspection
The majority of inspections will be unannounced
Written confirmation of the ‘Hot De-Brief’ within 5 working days
These amendments are expected to create a significant reduction on the burden on forces. Copies of the MoU and Expectations are accessible on the HMIC and HMI Prisons web sites, click here.
In 2011 the Home Office launched a consultation on revised draft PACE Codes of Practice concerning detention and arrest and a new Code of Practice issued under Schedule 8 to the Terrorism Act 2000 and section 25 of the Counter-Terrorism Act 2008 for interview video recording with sound in terrorism cases.
Following the commitment given by the Minister of State for Policing & Criminal Justice in taking the last PACE Code revision through the House of Commons, this was a full 12-week public consultation. You can read more on the Home Office website at the following link and we will keep you updated on the outcome.
ICVA welcomed a delegation from the Independent Police Conduct Authority (IPCA) of New Zealand, as part of a series of events illustrating how independent custody visiting operates as a National Preventative Mechanism (NPM) in the UK.
IPCA, the National Preventive Mechanism for New Zealand under OPCAT, was represented by Chair, Justice Goddard and National Manager, Janis Adair. IPCA is an independent body set up by parliament to keep watch over the police. Its role includes monitoring the conditions of detention and treatment of detainees in police custody.
The July visit included a series of events to provide an insight into how independent custody visiting operates as an NPM in the UK.
Our ongoing updates on the national programme of HMIP & HMIC joint inspections of police custody continue with feedback on visits to Sutton and Lincolnshire. For the first time, we also feature a report from a follow up inspection at Cambridgeshire.
Police custody provision in Sutton was well managed, with properly trained staff and strong partnership working arrangements.
Nick Hardwick and Dru Sharpling said:
“Overall, custody provision in Sutton was commendable. This report sets out a small number of recommendations that we hope will assist the MPS and MPA to improve provision still further. We expect our findings to be considered in the wider context of priorities and resourcing, and for an action plan to be provided in due course.”
Police custody facilities in Lincolnshire needed more strategic focus, said Nick Hardwick, Chief Inspector of Prisons, and Dru Sharpling, HM Inspector of Constabulary, following the inspection which covered five custody suites serving Lincoln, Skegness, Boston, Grantham and Spalding.
The Inspectors commented:
“Overall, this is a disappointing inspection. It came at a time when the force was undergoing significant change, which perhaps helped explain why we identified continued failings that had been previously identified by other external bodies. More strategic emphasis on custody was required, with particular attention to improving risk assessment and mental health services.”
Inspectors returned to Cambridgeshire in Summer 2011, following a previous critical inspection in 2008, covering six custody suites serving Peterborough, Huntingdon, Cambridge, March, Ely and St Neots, as well as King’s Lynn in Norfolk, whose cells could be used by Cambridgeshire Police.
There had been a great deal of work done strategically to address previous findings and much effort had been made to improve the standard of the custody estate, including safety, general cleanliness and managing graffiti.
Nick Hardwick and Dru Sharpling said:
“Overall, provision of police custody in Cambridgeshire was much improved from our previous inspection and, in particular, we noted a much more positive staff culture focused on the welfare of detainees and far more respectful and decent custody facilities. The main weaknesses related to staffing and management arrangements, together with a need for still further improvements to the support for detainees with mental health problems. Notwithstanding the many current challenges facing all police forces, we hope this report will help Cambridgeshire Constabulary and the Police Authority to resolve our remaining concerns and further develop provision.”
These are just some examples of recent inspections. Copies of all joint inspection police custody reports can be read in full at www.hmic.gov.uk
In June 2008, the WI passed a resolution calling for an end to the inappropriate detention of people with mental health problems. 24 senior representatives of organisations who work with people with mental health needs have signed a letter urging the State to keep its Care Not Custody promise: to avoid using prison healthcare as a catch-all for people who would be better cared for outside the criminal justice system.
Published in The Guardian on 30 March 2011, the letter welcomed the commitment of health secretary, Andrew Lansley, and the justice secretary, Ken Clarke, to divert people with mental health needs away from the justice system where possible and to improve treatment and support in the community (£5m scheme to divert mentally ill offenders from prison, 28 March).
Three years since the Care Not Custody campaign was launched, both secretaries of state have agreed to work together and commit further resources to the full roll-out of a national liaison and diversion scheme by 2014, as proposed by the Bradley report. We plan to work in partnership to make sure that the government keeps its ‘care not custody’ promise.
ICVA is fully supportive of this campaign and calls on all custody visitors to continue to monitor and highlight cases to their police authority to keep up the pressure.
In November 2010, the Home Secretary announced the appointment of David Anderson QC as independent reviewer of terrorism legislation. He succeeded Lord Alex Carlile of Berriew QC in the position.
The independent reviewer is required to produce an annual report for the Home Secretary, to be laid before Parliament, on the operation of the Terrorism Act 2000, the Prevention of Terrorism Act 2005 (control orders) and Part 1 of the Terrorism Act 2006. Other reports in relation to terrorism may be produced from time to time.
David Anderson QC has already visited places of detention and met with ICVA officers to produce protocols in relation to suspected terrorist detainees. He also spoke at the 2011 annual conference in Belfast on 19th November.
His report on the operation in 2010 of the Terrorism Act 2000 and the Terrorism Act 2006 – was published on 18th July 2011 and can be viewed here