Immigration detainees in MPS custody

Report: 10
Date: 27 May 2004
By: Clerk

Summary

This paper reports on a presentation to the recent Consultation Committee on immigration detainees in MPS custody in the borough of Camden and the issues arising from that presentation.

A. Recommendation

That the Authority takes note of the presentation made to the Consultation Committee and requests the Clerk and the Commissioner to present a comprehensive report to the next meeting of the Authority as a basis for action by the Authority.

B. Supporting information

1. The Consultation Committee, at its meeting on 13 May 2004, received a presentation from Mick Farrant, Chair of the Camden Independent Custody Visiting Panel, on the issue of immigration detainees held in police cells.

2. A Memorandum of Understanding exists between the MPA and the Immigration Service (IS) that includes the recovery of costs for housing immigration detainees by the MPS. Currently the recovered costs are split: 50% returned to the borough and 50% directed to central Territorial Policing budgets.

3. The presentation was based on MPS figures for Camden for the period 1 November 2003 to 20 March 2004. It showed that immigration detainees were held in police cells for an average of 45.3 hours, with the longest period being 117 hours.

4. The presentation highlighted three main issues: impact on custody space; impact on police time; and inadequate facilities for the length of stay involved.

5. The number of immigration detainees, and more importantly, their length of stay, would seem to be a contributory factor in the increasing cell shortage across London. Moreover, there is considerable variation in demand from day to day. In effect, immigration detainees may be acting as ‘cell blockers’ with each person, as estimated by Camden ICVP, occupying a cell for, on average, several times longer than ordinary detainees.

6. Police custody suite facilities are inappropriate for the purpose of holding immigration detainees, given the length of time they are spending in police cells, many being held for longer than the 36 hours allowed under the Police and Criminal Evidence Act (1984) Section C.

7. A number of proposals for action were canvassed during the course of the presentation. These included:

• Need for regular collection of custody data in relation to immigration detainees
• A protocol for those detained for longer than 36 hours, including access to showers, changes of clothes, reading material.
• A maximum number of immigration detainees per custody suite to be determined
• Clarification of responsibility e.g. authorisation of continuing detention in cases of illness
• Clarification of the role of Independent Custody Visitors to the Immigration Service.

8. The MPA received a report in September 2001 entitled ‘Use of MPS custody facilities by Her Majesty’s Immigration Service’ with a recommendation to note a request to the MPS from HMIS for dedicated custody facilities for the detention of failed asylum seekers. The report offered 2 options – including the building of a dedicated arrest suit in North London. The minute of that meeting appears to show members to be in favour of that option but the only formal decision was to note the HMIS request and to receive further reports.

9. The MPS Internal Consultancy Group has recently carried out a six month long review of custody capacity throughout the MPS on behalf of the MPA. Its report will be made to the Planning, Performance and Review Committee on 12 July 2004. Though Camden may be one of the boroughs most affected, the Best Value Review generally supports the views expressed in the presentation made to the Consultation Committee.

10. The Committee, after receiving the presentation and thanking Mr Farrant for his hard work, discussed the issues raised and determined to refer the matter to the next full Authority meeting. In the time available it has not been practicable to present a comprehensive analysis of the data across London and its implications for the police service, nor to develop a considered proposal for action by the Authority to address the problems that have been identified.

C. Race and equality impact

This report addresses the treatment of immigrant detainees in MPS custody on behalf of the Immigration Service. The implementation of the recommendations will assist in remedying the present difficulties.

D. Financial implications

There are no immediate financial implications in this report.

E. Background papers

Briefing note by Mick Farrant, Chair of Camden Independent Custody Visiting Panel.

F. Contact details

Report author: Christopher Calnan, MPA
Ruth Tooley, MPA

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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