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National Preventive Mechanism in the United Kingdom
Laura Paton
UK NPM Coordinator
Kyiv, 18 October 2011
OPCAT and the UK
OPCAT ratified by the UK in 2003
NPM designated in 2009
Criteria used by UK Government:
– Statutory basis – Unrestricted access to places of detention and detainees– Power to make unannounced visits– Unrestricted access to information about detainees and
conditions of detention– Independent– Professional knowledge
The UK NPM
18 bodies Covering England, Wales, Scotland and
Northern Ireland Covering almost all places of detention More bodies may be added in future Coordinated by Her Majesty’s Inspectorate of
Prisons
Coordination by HMIP
Promote cohesion among NPM members Facilitate a collective understanding of
OPCAT Encourage collaboration and shared learning Independence of individual members
respected Coordinated activities include: business
meetings, thematic workshops
The UK’s NPM – By Jurisdiction England and Wales
Her Majesty’s Inspectorate of Prisons Independent Monitoring Boards Independent Custody Visiting Association Her Majesty’s Inspectorate of Constabulary Care Quality Commission Healthcare Inspectorate of Wales Children’s Commissioner for England Care & Social Services Inspectorate Wales Office for Standards in Education (Ofsted)
Scotland
Her Majesty’s Inspectorate of Prisons for Scotland Her Majesty’s Inspectorate of Constabulary for Scotland Scottish Human Rights CommissionMental Welfare Commission for ScotlandCare Commission
Northern Ireland
Independent Monitoring BoardsCriminal Justice Inspection Northern Ireland Regulation and Quality Improvement Authority Northern Ireland Policing Board Independent Custody Visiting Scheme
Prisons HM Inspectorate of PrisonsIndependent Monitoring Boards HM Inspectorate of Prisons for Scotland Independent Monitoring Boards Northern Ireland Criminal Justice Inspection Northern Ireland
Police custody HM Inspectorate of PrisonsIndependent Custody Visiting Association HM Inspectorate of ConstabularyHM Inspectorate of Constabulary for Scotland Criminal Justice Inspection Northern Ireland Northern Ireland Policing Board Independent
Custody Visiting Scheme
Court custody HM Inspectorate of Prisons for Scotland Criminal Justice Inspection Northern Ireland
Children in secure accommodation Office for Standards in Education (Ofsted)Care & Social Services Inspectorate Wales Care CommissionRegulation and Quality Improvement Authority
The UK’s NPM – By Type of Detention
Detention under mental health law Care Quality Commission Healthcare Inspectorate of Wales Mental Welfare Commission for ScotlandRegulation and Quality Improvement Authority
Immigration detention HM Inspectorate of PrisonsIndependent Monitoring Boards
Military detention Her Majesty’s Inspectorate of Prisons
General accessChildren’s Commissioner for England – to all
places where children are detained in England
Scottish Human Rights Commission – to all places of detention in Scotland
Benefits of UK model
Expertise Members working in partnership Layers of monitoring ensure high frequency
of visits and in-depth inspections Diversity Strength in numbers Focus on all types of detention
Disadvantages of UK model
Size and complexity Need for coordination Difficult to gain overview of detention across
UK Potential for disagreement among members NPM ‘identity’ – public/detainee awareness Engagement Gaps in coverage
Thoughts on NPM models
Consider multi-member NPM Smaller number than UK Statutory basis Appoint a coordinator Agreement among members about
coordination e.g. a Memorandum of Understanding
Further information
First Annual Report available at www.justice.gov.uk/about/hmi-prisons/preventive-mechanism.htm
UK NPM Database www.bristol.ac.uk/law/research/centres-themes/hric/hricnpmukdatabase/index.html
NPM Coordinator [email protected]
