Independent Custody Visiting panels progress report

Report: 9
Date: 31 October 2002
By: Clerk

Summary

Independent Custody Visiting (ICV) became a statutory responsibility of police authorities in July 2002. This report outlines some of the key actions that the MPA is progressing to meet its statutory responsibility and promote good practice in ICV in London.

A. Recommendations

That

1. Members note the statutory responsibility of the MPA for ICV;
2. following any amendments and revisions made by the Consultation Committee, Members agree to the circulation of the draft of the MPA ICV Handbook to panels for their consideration and comments;
3. subject to revisions to the MPA ICV report form, that Members approve a further pilot period to enable full implementation of the form by 2003; and
4. Members note the presentation to be made to Mrs Greta Brooks at the ICV Conference on 2 November 2002.

B. Supporting information

Statutory responsibility for independent custody visiting

1. Section 51 of the Police Reform Act 2002 placed a duty on all police authorities in England and Wales to have an Independent Custody Visiting Scheme and to make arrangements for its operation. A copy of the relevant section is attached at Appendix 1.

2. A number of activities are being progressed to enable the MPA to meet both its statutory obligation, and promote forms of best practice.

MPA ICV handbook

3. A small committee of ICV Chairs, Visitors and MPA staff have contributed to the development of a draft handbook for ICVs. Mr Nicholas Long has provided guidance and has developed specific sections of the handbook based on his extensive experience and knowledge of the area.

4. The handbook uses as its basis the Home Office guidance on Independent Custody Visiting. However, it also includes specific procedures and practices that the MPA wishes to put in place for ICV in London. This includes: the aim of the scheme, guidance to Panels on recruiting and selecting Visitors, guidance on the visiting process in accordance with the Police and Criminal Evidence Act (PACE) requirements, as well as some guidance on varying issues.

5. An early draft has been sent to Members. Subject to Members’ decision, following today’s meeting, and further amendments, copies can be made available to ICV Panels for their comments and observations.

6. At this stage, the ICV Panels are aware of the development of the ICV handbook. Copies will also be sent to the MPS Criminal Justice Unit, borough commanders and officers with responsibility for custody at each police station.

7. Further reports will be brought to this committee following full consultation with Panels, Metropolitan Police Service, the Home Office and the Independent Custody Visiting Association. The guidance will be published and made available to all Panels by April 2003.

Visitor’s reference manual

8. In addition to the handbook, a small pocket sized manual will also be developed and made available to each Independent Custody Visitor.

Visitors’ report form

9. Each of the 32 Panels in London uses a different report form to record the information observed during their custody visit. Whilst this local variation has its benefits, it has not benefited the Authority’s role or responsibility in gaining a good overview of key issues or data relating to Independent Custody Visiting in London.

10. The MPA, with the support of a small group of Chairs and Visitors designed a reporting form for use by all Panels in London. This form is currently being piloted and it has already been evident that a number of Panels have experienced difficulties with the form. This has been partly due to the inadequate guidance given to Panels and Visitors on how the form should be used. Steps are underway to redress this.

11. Panel Chairs, Administrators and Visitors will be attending a meeting on Tuesday 22 October to give their feedback on the initial piloting of the form. Members will receive a report of the outcomes of the meeting.

Training for visitors

12. There is now regular quarterly training for newly-recruited Visitors in London. Nicholas Long recently attended the training and considered it to be very useful and informative.

13. In response to the requests from Chairs, Administrators and Visitors, the training now takes place in two sessions held in the evening, rather than on a Saturday. This format has resulted in a larger number of Visitors attending the training sessions. The training currently takes place in Southwark Police Station training room.

14. Although the venue is reasonably accessible by public transport, Visitors in areas such as Enfield, Bexley, etc continue to find difficulties in attending the training sessions.

Training the trainers

15. Three ICVs have now completed the MPA Training for Trainers programme . Subject to the completion of a probationary period, these three individuals (all former or current Visitors and Chairs) will be able to provide training to Panels at local level as well as provide support to Chairs on specific issues. Terms of agreement are being drafted for the appointment of these trainers.

Recruitment of new visitors

16. Officers are consulting with Panels about their recruitment needs with the aim of co-ordinating a recruitment campaign from November to January 2003. The Lead Member for ICV will be providing guidance for officers on this important area.

Panel disciplinary matters

17. Each local Panel has developed individualised practices and procedures for dealing with local issues and 'disciplinary' matters. Whilst these have in most cases been satisfactorily resolved, an increasing number of matters are being brought to the attention of the Consultation and Diversity Unit. Some of these have required officers carrying out initial assessments of the matters raised. It is anticipated that this may increase, as the MPA guidance is implemented by the MPA and local practices are reviewed. Whilst officers have a clear role in carrying out initial investigations, it will always be with the aim of making recommendations to members who will make the final decision in all cases.

17. The MPA guidance proposes that there should be two MPA members, to assist the Lead Member, Nicholas Long, in dealing with disciplinary matters. Members are asked to support the proposal for two additional members to assist in this area of work. This will be done by means of a letter to all members to seek their interest.

First ICV conference in London

18. The Independent Custody Visiting Association (ICVA) is hosting the first National ICVA Conference in London on 2 November 2002. The MPA has agreed to co-host this event and the Chair of the MPA and other Members have been invited to speak.

19. At the MPA’s suggestion, an award will be presented to Mrs Greta Brooks, who was the first person to coordinate the pilot in Lambeth following the Scarman report in 1981.

ICV Newsletter, Volume 2

20. The second issue of the MPA ICV newsletter has been printed and circulated to Panels.

IVC web page

21. In order to meet the information needs of Panels and members of the public who may have an interest in becoming an ICV, the MPA have developed a web page where up-to-date information is regularly posted.

C. Equal opportunities and diversity implications

The role of ICV was recommended by Lord Scarman to secure trust and confidence in the police by local communities. The developments that have been highlighted in this report will all contribute to improvements in the operation of the scheme, which should lead to improved community confidence in the ICV scheme.

D. Financial implications

All costs are associated with the activities outlined in this report are contained within the existing ICV budget.

E. Background papers

• Draft MPA ICV Handbook
• Police Reform Act 2002 (HMSO)
• MPA ICV newsletter issue 2

F. Contact details

Report author: Julia Smith, MPA

For more information contact:

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

Appendix 1: Police Reform Act 2002

Extract from Part 4, Chapter 2 Provisions Modifying and Supplementing Police Powers

Section 51 Independent Custody Visitors for places of detention

1. Every police authority shall

1. make arrangements for detainees to be visited by persons appointed under the arrangements ("independent custody visitors"); and
2. keep those arrangements under review and from time to time revise them as they think fit.

2. The arrangements must secure that the persons appointed under the arrangements are independent of both

1. the police authority; and
2. the chief officer of police of the police force maintained by that authority.

3. The arrangements may confer on independent custody visitors such powers as the police authority considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers

1. to require access to be given to each police station;
2. to examine records relating to the detention of persons there;
3. to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
4. to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.

4. The arrangements may include provision for access to a detainee to be denied to independent custody visitors if –

1. it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
2. the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
3. the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.

5. Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).

6. The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by police authorities and independent custody visitors of their functions under the arrangements.

7. Before issuing or revising a code of practice under this section, the Secretary of State shall consult with

1. persons whom he considers to represent the interests of police authorities;
2. persons whom he considers to represent the interests of chief officers of police; and
3. such other persons as he thinks fit.

8. The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.

9. Police authorities and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.

10. In this section 'detainee', in relation to arrangements made under this section, means a person detained in a police station in the police area of the police authority.

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