23/02/2022
Police Oracle
Work with offenders looks at today’s National Preventive Mechanism annual report
The National Preventive Mechanism published its 12th, and arguably most important, annual report today which looks at the impact of the pandemic on people deprived of their liberty.
What is the National Preventive Mechanism?
The UK National Preventive Mechanism (NPM) is made up of 21 bodies that monitor and inspect places of detention in the UK to prevent torture and ill-treatment for those deprived of their liberty.
NPM members work collectively to fulfil the NPM’s mandate under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).
OPCAT is designed to strengthen protections for people deprived of their liberty, as they are particularly vulnerable to ill-treatment.
According to OPCAT, efforts to combat torture and ill-treatment should focus on its prevention, which is best achieved by setting up an NPM to visit all places of detention independently and on a regular basis. The UK ratified OPCAT in December 2003 and designated its NPM thirteen years ago in March 2009.
Headline findings
The report pulls together findings from the 21 bodies who are responsible for inspecting or monitoring conditions in prisons, immigration centres, secure hospitals, children’s secure homes etc. There were a number of common themes across the different places of detention with only secure children’s homes responding effectively to the challenges of the pandemic:
Effective measures were put in place promptly across places of detention to protect people from the risk of COVID-19.
NPM members raised significant concerns about the severity of restrictions used to limit the spread of COVID-19, which were widespread and used over considerable periods of time, often without adequate safeguards.
Prolonged time in cells had a cumulative impact on prisoners’ mental health and led to spikes in self-harm, particularly in the women’s estate, and remained an ongoing concern.
The suspension of in-person social visits greatly affected people in detention, but many establishments successfully implemented virtual alternatives, including rapid access to video visits in some prisons.
Children and young people in detention have been distinctly impacted by COVID-19 restrictions, with evidence of unacceptable treatment for some children in the secure estate. This is particularly frustrating because the NPM found excellent practice in secure children’s homes where, after the initial period of the pandemic, children were engaged in an almost normal routine, including full-time education.
The effective and safe implementation of public health guidance in places of detention posed significant challenges, including difficulties maintaining social distancing.
There was a mixed picture on the use of alternatives to detention to reduce detained populations, with an initial dramatic reduction in the use of immigration detention but negligible progress for other forms of detention. Indeed, after months of discussion about releasing from prison mothers and pregnant women and vulnerable people within two months of the end of their sentence, just 316 people were actually liberated before their release date from prisons in England and Wales.
An increase in the time detainees were required to stay in police custody and transportation vehicles was observed in multiple settings, with the exception of Scotland.
The right to legal representation and other critical safeguards for detainees were not always maintained or applied consistently.
Lengthy delays to progression, rehabilitation and care pathways were observed in many different detention settings. We have reported before that the numbers of people remanded in prison are at their highest ever levels because of the delays in getting to court.
Conclusion
Perhaps the most worrying part of this report is that the excessive use of solitary confinement has persisted for so long. Last month (January 2022) saw the highest ever number of positive COVID tests in our prison system, suggesting that regime restrictions are likely to be enforced across most of the estate.