Independent custody visitor
Encyclopedia
An independent custody visitor is someone who visits people who are detained
in police station
s in the United Kingdom
to ensure that they are being treated properly. Prisoner escort and custody lay observers carry out a similar function in relation to the escort of prisoner
s from one place to another, or their custody at court
.
Custody visiting originated as a result of the recommendations from the Scarman Report
into the 1981 Brixton riots. Initially, the provision of custody visiting was voluntary on the part of the Police Authorities, but it was placed on a statutory basis in 2002.
who are required, now by the Police Reform Act 2002
, to make arrangements for custody visiting to take place. However the Act makes it clear that Custody Visitors are independent of both the Police Authority and the Chief Constable
of the police
force. The Act is supplemented by a code of practice made by the Home Secretary
which sets out in more detail how custody visiting should work. In Northern Ireland, a similar arrangement is in place under the Police (Northern Ireland) Act 2000
. There is no statutory scheme in Scotland, however all the police board
s in Scotland operate a non-statutory scheme under guidance issued by the Scottish Government.
immediately, unless there is a dangerous situation occurring. They are allowed to speak to anyone being detained at the police station, unless a police Inspector (or higher rank) believes that access would place the custody visitors in danger or would “interfere with the process of justice”. The visitors ask the detained person whether they have been informed of their rights under the Police and Criminal Evidence Act codes of practice
(for example, to speak to a solicitor
or to make a telephone call) and whether they are being treated properly. Visitors also check that the cell
s and other facilities within the custody suite, such as the toilets and food-preparation area, are clean. The custody record, which records everything that happens to someone whilst they are in police custody, may also be examined.
If the custody visitors find any issues, or a detained person raises an issue about their treatment, the visitors raise these with the officer in charge of the custody suite
, or of the police station. The visitors complete a report of each visit, which will record their finding including any issues identified during the course of the visit. Copies of the report are sent to the Police Authority.
Independent custody visiting, through the ICVA, has been nominated by the United Kingdom Government as one of the means by which the UK fulfills its responsibilities under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
The Criminal Justice Act 1991 provided for the contracting out
of prisoner escort services, including the custody of prisoners on court premises. The Act also required the establishment of a panel of lay observers to inspect the conditions in which prisoners are transported or held. The Act is supplemented by Prison Service
Orders and police policies where court prisoner custody is co-located with a police custody suite.
In a report produced in 2005, HM Inspectorate of Court Administration and HM Inspectorate of Prisons
commented that the training and reporting arrangements for lay observers were unsatisfactory.
Detention (imprisonment)
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to criminal charges being raised against the individual as part of a prosecution or to protect a person or property...
in police station
Police station
A police station or station house is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms.- Facilities...
s in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
to ensure that they are being treated properly. Prisoner escort and custody lay observers carry out a similar function in relation to the escort of prisoner
Prisoner
A prisoner is someone incarcerated in a prison, jail or similar facility.Prisoner or The Prisoner may also refer to:* Prisoner of war, a soldier in wartime, held as by an enemy* Political prisoner, someone held in prison for their ideology...
s from one place to another, or their custody at court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
.
Custody visiting originated as a result of the recommendations from the Scarman Report
Scarman report
The Scarman report was commissioned by the UK Government following the 1981 Brixton riots. Lord Scarman was appointed by then Home Secretary William Whitelaw on 14 April 1981 to hold the enquiry into the riots...
into the 1981 Brixton riots. Initially, the provision of custody visiting was voluntary on the part of the Police Authorities, but it was placed on a statutory basis in 2002.
Statutory basis
In England and Wales, custody visitors are appointed by Police AuthoritiesPolice authority
A police authority in the United Kingdom, is a body charged with securing efficient and effective policing of a police area served by a territorial police force or the area and/or activity policed by a special police force...
who are required, now by the Police Reform Act 2002
Police Reform Act 2002
The Police Reform Act 2002 is an Act of the Parliament of the United Kingdom.Amongst the provisions of the Act are the creation of the role of Police Community Support Officer, who have some police powers whilst not being 'sworn in' constables, and the ability for Chief Constables to confer a more...
, to make arrangements for custody visiting to take place. However the Act makes it clear that Custody Visitors are independent of both the Police Authority and the Chief Constable
Chief Constable
Chief constable is the rank used by the chief police officer of every territorial police force in the United Kingdom except for the City of London Police and the Metropolitan Police, as well as the chief officers of the three 'special' national police forces, the British Transport Police, Ministry...
of the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
force. The Act is supplemented by a code of practice made by the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
which sets out in more detail how custody visiting should work. In Northern Ireland, a similar arrangement is in place under the Police (Northern Ireland) Act 2000
Police (Northern Ireland) Act 2000
The Police Act 2000 is an Act of the Parliament of the United Kingdom. The act renamed the Royal Ulster Constabulary to the Police Service of Northern Ireland, created the Northern Ireland Policing Board and District Police Partnerships.-External links:*, as originally enacted, from the Office of...
. There is no statutory scheme in Scotland, however all the police board
Police board
A police board is an appointed form of local government charged with the responsibility of overseeing a local police forceIn the United States, the term is used for some police departments. For example, the Chicago Police Board oversees the Chicago Police Department...
s in Scotland operate a non-statutory scheme under guidance issued by the Scottish Government.
Visits to police stations
Visits to police stations by custody visitors are unannounced and can be made at any time. The custody visitors must be admitted to the custody suiteCustody suite
A custody suite is a designated area within a police station designed and adapted to process and detain those who have been arrested, or who are there for purposes such as answering bail....
immediately, unless there is a dangerous situation occurring. They are allowed to speak to anyone being detained at the police station, unless a police Inspector (or higher rank) believes that access would place the custody visitors in danger or would “interfere with the process of justice”. The visitors ask the detained person whether they have been informed of their rights under the Police and Criminal Evidence Act codes of practice
Police and Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary...
(for example, to speak to a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
or to make a telephone call) and whether they are being treated properly. Visitors also check that the cell
Prison cell
A prison cell or holding cell or lock-up is a small room in a prison, or police station where a prisoner is held.Prison cells are usually about 6 by 8 feet in size with steel or brick walls and one solid or barred door that locks from the outside. Many modern prison cells are pre-cast. Solid doors...
s and other facilities within the custody suite, such as the toilets and food-preparation area, are clean. The custody record, which records everything that happens to someone whilst they are in police custody, may also be examined.
If the custody visitors find any issues, or a detained person raises an issue about their treatment, the visitors raise these with the officer in charge of the custody suite
Custody suite
A custody suite is a designated area within a police station designed and adapted to process and detain those who have been arrested, or who are there for purposes such as answering bail....
, or of the police station. The visitors complete a report of each visit, which will record their finding including any issues identified during the course of the visit. Copies of the report are sent to the Police Authority.
Independent Custody Visiting Association
Custody visitors are represented nationally by the Independent Custody Visiting Association (the ICVA) which provides training, publicity and support to custody visitors, and also to Police Authorities in carrying out their statutory duty to have in place custody visiting arrangements.Independent custody visiting, through the ICVA, has been nominated by the United Kingdom Government as one of the means by which the UK fulfills its responsibilities under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
Prisoner Escort and Custody Lay Observers
Lay observers carry out a similar function to that of custody visitors, but in relation to the escort of prisoners from one place to another, or their custody at court.The Criminal Justice Act 1991 provided for the contracting out
Outsourcing
Outsourcing is the process of contracting a business function to someone else.-Overview:The term outsourcing is used inconsistently but usually involves the contracting out of a business function - commonly one previously performed in-house - to an external provider...
of prisoner escort services, including the custody of prisoners on court premises. The Act also required the establishment of a panel of lay observers to inspect the conditions in which prisoners are transported or held. The Act is supplemented by Prison Service
Her Majesty's Prison Service
Her Majesty's Prison Service is a part of the National Offender Management Service of the Government of the United Kingdom tasked with managing most of the prisons within England and Wales...
Orders and police policies where court prisoner custody is co-located with a police custody suite.
In a report produced in 2005, HM Inspectorate of Court Administration and HM Inspectorate of Prisons
Her Majesty's Chief Inspector of Prisons
Her Majesty's Chief Inspector of Prisons is the head of HM Inspectorate of Prisons and the senior inspector of prisons, young offender institutions and immigration service detention and removal centres in England and Wales...
commented that the training and reporting arrangements for lay observers were unsatisfactory.