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Recent Developments in Custody Visiting

Recent Developments in Custody Visiting. 13 th November 2010 Ian Smith OBE Chief Executive - ICVA. Disorders – 1980’s. Disorders – 1980’s.  The revised Codes of Practice & their implications The current role of ICVs

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Recent Developments in Custody Visiting

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  1. Recent Developments in Custody Visiting 13th November 2010 Ian Smith OBE Chief Executive - ICVA

  2. Disorders – 1980’s

  3. Disorders – 1980’s

  4.  The revised Codes of Practice & their implications • The current role of ICVs • The implications of independent custody visiting being a national preventative mechanism (NPM) under Optional Protocols Convention Against Torture (OPCAT) and other cruel, inhumane and degrading treatment.

  5. Currently, ICVs are asked to check: •  That rights and entitlements have been offered to detainees • The health and wellbeing of detainees • The conditions and facilities in which detainees are held.

  6. Introduction 1. This Code of Practice on independent custody visiting is issued in accordance with section 51(6) of the Police Reform Act 2002. Police services, police authorities and independent custody visitors shall have regard to the Code in carrying out their relevant functions. 2. Independent custody visiting is the well established system whereby volunteers attend police stations to check on the treatment of detainees and the conditions in which they are held and that their rights and entitlements are being observed. It offers protections and confidentiality to detainees and the police and reassurance to the community at large. Organisation and Infrastructure 4. Section 51(1) of the Police Reform Act 2002 places the responsibility for organising and overseeing the delivery of independent custody visiting with police authorities, in consultation with chief officers.

  7. Recruitment and Conditions of Service The Recruitment Process9. Recruitment must be based on clear role descriptions, as well as person specifications setting out the qualities independent custody visitors require to carry out their role effectively. 11. All selections must be made on the basis of a standard application form with adjustments based on local circumstances. 12. No person shall be appointed as an independent custody visitor without an interview taking place. The selection panel must record the reasons for decisions about appointment or non-appointment. Any appointment is subject to vetting or security clearance for all custody visitors (to an appropriate level as determined by the Home Office, which will be at Secret (SC) level for those visiting persons detained under the Terrorism Acts). Vetting renewal must be undertaken for all visitors before their appointments are renewed (see paragraph 23 below).13. Any appointment must be made solely on merit and all independent custody visitors must be at least 18 years old and must be from those living or working within the police authority boundary and who have been resident in the UK for at least 2 years prior to the date of application.

  8. Who Should be Selected?15. All reasonable adjustments must be made to accommodate those with a disability, as defined in the Disability Discrimination Act 1995, and those who do not have English as their first language but who are able to communicate effectively so as to be understood, where they are considered suitable candidates. 17. Where an applicant has convictions for criminal offences, or has received any formal caution, warning or reprimand, or has failed to disclose any such finding, the specific circumstances must be considered in assessing suitability to become an independent custody visitor. However, past offending is not an automatic barrier to acceptance. The police authority is responsible for all appointments of custody visitors. The chief officer should provide advice to enable the authority to make a decision with regard to the suitability of each applicant. The police authority should be informed by the chief officer as to the reason(s) for recommending that a volunteer should not be appointed. 18. In appointing independent custody visitors, care must be taken to avoid any potential conflict of interest. For example, serving police officers and other serving members of police or police authority staff will be unsuitable for that reason. The same will apply to special constables, justices of the peace and members of the police authority. All other applications must be considered on their merit.

  9. Other Possible Roles for Custody Visitors 19. Independent custody visitors may also act as appropriate adults. However, individuals must not switch between those roles during the course of a visit to the same police station and must declare if they have previously carried out either role with the same detainee.Removal 24. A police authority can terminate an independent custody visitor’s appointment because of misconduct or poor performance. 25. Procedures for considering possible termination of appointment must follow the principles of natural justice and must be publicised.

  10. Working arrangements Conducting visits 35. Visits must be undertaken by pairs of independent custody visitors working together. 37. Independent custody visitors must have access to all parts of the custody area and to associated facilities such as food preparation areas and medical rooms. However, it is not part of their role to attend police interviews with detainees.Custody visitors will be allowed access to CCTV cameras to ensure that they are operational. 38. Police staff must be alert to any specific health or safety risks independent custody visitors might face and must advise them appropriately at the commencement of the visit. 39. The custody officer or a member of custody staff must accompany independent custody visitors during visits (but see paragraph 46).

  11. Access to Detainees40. Subject to the exceptions referred to in paragraph 43, independent custody visitors must be allowed access to any person detained at the police station. However, detainees may only be spoken to with their consent, and the escorting officer is responsible for establishing whether they wish to speak to the independent custody visitors, which may be established by self-introduction by the independent custody visitors themselves (in the presence of the escorting officer) or by the escorting officer. 41. Juveniles may be spoken to with their own consent. 42. If, for whatever reason,a detainee is not in a position to give consent, the escorting officer must allow the visit unless any of the circumstances set out in paragraph 43 apply. 43. The custody officer may limit or deny independent custody visitors’ access to a specific detainee only if authorised by an officer of or above the rank of inspector and where either: i) after a thorough risk assessment has been carried out the officer reasonably believes that to be necessary for the visitors’ safety, or ii) if the officer reasonably believes that such access could interfere with the process of justice.

  12. Reporting on a Visit58. At the end of each visit, and while they are still at the police station, independent custody visitors must complete a report of their findings to include conditions and facilities, rights and entitlements and health and well being. One copy of the report must remain at the station for the attention of the officer in charge. Copies must go to the police authority and other parties as determined locally.Feedback61. The police authority is responsible for drawing together issues and identifying trends emerging from visits in their area and addressing these with relevant police supervisors. 62. The police authoritymust have a regular and formal opportunity to raise concerns and issues with a designated senior officer with force-wide responsibilities. It will usually be appropriate for that officer to be of Assistant Chief Constable/Commander rank. Regular reports shall be provided by the administrator of the scheme to the police authority. These reports must be discussed at police authority meetings as appropriate and reflected in an entry about independent custody visiting in the police authority’s own annual report.

  13. Currently, ICVs are asked to check: •  That rights and entitlements have been offered to detainees • The health and wellbeing of detainees • The conditions and facilities in which detainees are held.

  14. ABSOLUTE RIGHTS • (may be delayed but must always be granted) • LEGAL ADVICE • HAD SOMEONE INFORMED • NOTIFIED OF THEIR RIGHTS • TO CONSULT THE CODES OF PRACTICE

  15. ENTITLEMENTS (through negotiation) • RECEIVED ANY VISITS • NEEDED MEDICAL ATTENTION • ADEQUATE EXERCISE • ADEQUATE FOOD & DRINK • SPECIAL DIETARY REQS. • WASHING FACILITIES • TOILET FACILITIES • ADEQUATE BEDDING • TREATED REASONABLY • 8 HOURS REST IN 24 • REPLACEMENT CLOTHING

  16. ACCOMMODATION Cell No: • REASONABLE TEMPERATURE • REASONABLE VENTILATION • CELLS CLEAN • ALARM BUTTON WORKING • ADEQUATE LIGHTING • LEGAL AID NOTICES • TOILETS WORKING • REPAIRS NEEDED • STOCKS REPLENISHED • OTHER PROBLEMS • GENERAL NOTES …….

  17. What is the role of ICVs? Human Rights monitors PACE checkers Are ICVs in danger of hitting targets but missing the point? – the human rights of detainees !!

  18. NPMs and the Role of ICVA The Independent Custody Visiting Association is now one of the national prevention mechanisms (NPMs) which underpin the UK’s OPCAT protocols. It means that visits made locally can also impact on national and international human rights developments

  19. The Crucial Role of NPMs • NPMs are now the eyes and ears on the ground of the prevention of torture due to their permanent presence in the country; • NPMs will conduct constant monitoring of detention facilities, comment on existing or draft legislation, engage in ongoing dialogue with the state authorities and assess progress.

  20. ABSOLUTE RIGHTS • (may be delayed but must always be granted) • LEGAL ADVICE • HAD SOMEONE INFORMED • NOTIFIED OF THEIR RIGHTS • TO CONSULT THE CODES OF PRACTICE

  21. LEGAL ADVICE “A duty solicitor scheme operated and consultations took place in private. Solicitors were positive about how staff treated them and detainees.” “Custody records contained several examples where an appropriate adult was needed, but attendance had not been recorded.”

  22. HAD SOMEONE INFORMED “Details of rights and entitlements were available in a range of languages, but not large print. Detainees were offered a free telephone call, although these could not be made in private.”

  23. NOTIFIED OF THEIR RIGHTS (1) “Detainees were not told how to make a complaint and could not do so while in custody” “Copies of the rights and entitlements leaflet were available in several languages from the intranet and foreign nationals were asked if they wished their embassy or consulate to be informed of their situation. Official interpreters were also used, but a number of custody records that indicated the detainee had difficulty understanding English did not record that an interpreter had been used.”

  24. NOTIFIED OF THEIR RIGHTS (2) “A German man being booked in repeatedly said he could not understand what was being said and could not read English well. Despite this, the booking in and risk assessment were conducted in English and he was asked to read and sign several sheets of information without help from an interpreter or telephone interpreting service. He was given a copy of the rights and entitlement leaflet in German.”

  25. TO CONSULT THE CODES OF PRACTICE “Up-to-date copies of the PACE codes of practice were offered to detainees.” “……….complaints from detainees were not taken while they were held in custody. This could have been suppressing the number of complaints and meant that the senior management team had a potentially overly optimistic view of custody performance based on the number of complaints received. Staff said detainees were mainly told they could complain at the front desk when they left custody.”

  26. ENTITLEMENTS (through negotiation) • RECEIVED ANY VISITS • NEEDED MEDICAL ATTENTION • ADEQUATE EXERCISE • ADEQUATE FOOD & DRINK • SPECIAL DIETARY REQS. • WASHING FACILITIES • TOILET FACILITIES • ADEQUATE BEDDING • TREATED REASONABLY • 8 HOURS REST IN 24 • REPLACEMENT CLOTHING

  27. RECEIVED ANY VISITS “Staff said detainees could not have visitors.” NEEDED MEDICAL ATTENTION “The vast majority of FMEs on the rotas were male and although it was reported that female detainees could ask to see a female doctor, in practice this could not be accommodated.” ADEQUATE EXERCISE “Neither suite had an exercise yard. Detainees at …………. were sometimes taken to the small caged area at the emergency exit for fresh air depending on how busy the suite was and the availability of staff as detainees had to be supervised at all times. In our survey, only one detainee said they had been offered outside exercise.”

  28. ADEQUATE FOOD & DRINK “Detainees were asked about dietary requirements on arrival and three meals a day were provided by the staff canteens. Meals were substantial, but detainees were not usually offered a choice beyond a meat or vegetarian option.” “Meals were brought from the canteen in Styrofoam containers, but food temperatures were not taken at the point of service and some meals were barely warm by the time they reached detainees. Gaolers said they sometimes reheated meals in the microwave.” “Outside recognised meal times, detainees were offered microwave meals. The size of these meals was small and gaolers at ……. said they frequently offered detainees two at the same time.” “Detainees were offered a hot drink or water with their meals and regularly throughout the day.”

  29. SPECIAL DIETARY REQS. “Vegetarian and vegan diets were catered for, but there was noguarantee that the meat was halal or free from cross-contamination with non-halal products.” “…….. had a good supply of different meals catering for a range of dietary and religious needs, but …………l had only three options available, none of which was halal.” “By arrangement, the society for the welfare of Jewish prisoners supplied Kosher food to any Orthodox Jewish detainee. Information on this service was available in both suites, but the gaoler at ………… was unaware of it.”

  30. WASHING FACILITIES “The one shower at ………. Had no door or partition. It was behind a wall, but anyone in the changing area was in full view of the communal area. There was no seating and nowhere to put clothes while showering.” “Shampoo and soap was available, but the only towels were large sheets of paper towel, which were inadequate and disintegrated.” “In our survey, no one said they had been offered a shower. The custody record of one detainee who had arrived on 20 February 2009 showed that he had requested a shower at 2.13pm on 21 February and was eventually allowed one at 9.30am on 22 February.”

  31. TOILET FACILITIES “All cells had integral sanitation, but no hand washing facilities.” “ The toilet areas at …….. were not screened, but spy holes were covered. Cells covered by CCTV had the toilet area excluded from view.” “Many cells had toilet paper and we saw detainees being given this when located in a cell. Some DDOs told detainees to use the call bell if they needed more toilet paper or to wash their hands, but others did not.” “At ………, there was no soap dispenser or soap by the sink even though there were supplies of soap in the store cupboard.”

  32. ADEQUATE BEDDING “All cells contained a wipe clean mattress and pillow. DDOs at ……. cleaned these with a wet wipe after each use, but PC gaolers at both suites were unaware that they should do so. Any damaged or obviously soiled mattress or pillow was replaced. There were adequate supplies of clean blankets and these were given to detainees on request. Used blankets were stored separately and laundered before re-use.”

  33. TREATED REASONABLY “Women were not routinely given hygiene packs. The DDOs and some PC gaolers said they would ask female detainees if they required sanitary products when locating them in a cell, but others said they assumed women would ask if they needed them.” “……… had no books or magazines and ………… had only a few paperbacks. We did not see any detainee being offered a book, but staff sometimes offered detainees their newspapers. In our survey, only one detainee said they had been offered something to read.”

  34. REPLACEMENT CLOTHING “Paper suits were used at …….. when clothes were removed and no underwear was provided.” “Custody sergeants at ……..said detainees could arrange for family or friends to bring in replacement clothing, but the custody sergeant at ……….. said this was not possible because there were insufficient staff to search items brought in.”

  35. Currently, ICVs are asked to check: •  That rights and entitlements have been offered to detainees • The health and wellbeing of detainees • The conditions and facilities in which detainees are held.

  36. If we refocused our visits this way would we become more effective and would we and the police get more out of independent custody visiting?: •   The health and wellbeing of detainees • Challenge • The conditions and facilities in which detainees are held • Challenge • That rights and entitlements have been offered to detainees. • Challenge

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