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Independent Custody Visitors Report for 2013

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Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 10 March 2014:

Decision Reference: MD-HA-2014-0013

Decision Summary Title :

Independent Custody Visitors Report 2013

Date of Decision Summary:

6 March 2014

Decision Summary Author:

 

Executive Officer

Home Affairs

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title :

Independent Custody Visitors Report 2013

Date of Written Report:

24 February 2014

Written Report Author:

Chairperson

Independent Custody Visitors

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: Independent Custody Visitors Report for 2013.

Decision(s): The Minister noted the Independent Custody Visitors Report for 2013 and requested that it be presented to the States as a Report.

 

Reason(s) for Decision: The Jersey Independent Custody Visitor Scheme handbook that was prepared by the Home Affairs Department for the Independent Custody Visitors provides that one aspect of the role of the Chairperson is to produce, in conjunction with the Department, an annual report on the work of the Independent Custody Visitors.

 

Resource Implications: Nil

 

Action required: The Executive Officer, Home Affairs, to request the Greffier of the States to arrange for presentation of the Independent Custody Visitors Report to the States as soon as practicable.

 

Signature:

 

 

Position:

Minister for Home Affairs

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Independent Custody Visitors Report for 2013

ICV Report 2013

 

 

 

 

 

Jersey

Independent Custody Visitors

 

 

 

 

 

 

 

 

http://news.bbcimg.co.uk/media/images/58618000/jpg/_58618505_58618504.jpg

 

 

 

 

 

 

 

2013 Report

 

 

 

 

 

 

Independent Custody Visits in Jersey

 

This is the second report from the Independent Custody Visitor scheme.  The scheme was established in Jersey as the result of a Proposition by the former Deputy of St. Martin; Mr. FJ (Bob) Hill. The ICV scheme has 13 volunteers.

 

 

Background to Independent Custody Visiting 

 

Independent Custody Visitors (ICVs) are members of the local community who volunteer to make unannounced visits, in pairs, to Police Headquarters to check and report on the treatment and wellbeing of detainees. ICVs are recruited by the Home Affairs Department, but are independent of both the Home Affairs Department and the States of Jersey Police. The ICVs are not paid, but may claim reasonable out of pocket expenses, such as mileage, in line with the rate per mile for States’ employees. 

 

The volunteers come from various backgrounds and sections of the community but cannot have any other involvement with the Criminal Justice System, for example the police, courts or prison service. This is in order to maintain the integrity of the scheme. ICVs must be impartial and independent in order to make informed judgements in which the community can have confidence

 

The ICV scheme has its own Chairperson responsible for co-ordinating the visiting rota and chairing the quarterly meetings held by the ICVs.

 

The ICVs carry out their role with a view to providing Home Affairs (and in turn the local community) with assurance that anyone held in police custody is treated fairly and with their human rights respected. The scheme provides transparency and confidence that the police are acting in accordance with the legislation covering the treatment of detainees - the Police Procedures and Criminal Evidence (Jersey) Law 2003 (PPCE).

 

Visits to the custody suite are shared between all ICVs and are carried out in pairs at any given time over a 24 hour period.  On arrival at the police station ICVs are, wherever possible, given immediate access to the custody area. Members of the custody staff will accompany the ICVs around the custody block and introduce each pair of ICVs to detainees and ask if they would like to speak to them; they also ask the detainee’s permission for the ICVs to view their custody record. The ICVs will record and report their findings on their observations at the time of their visit. This is then distributed to Home Affairs and to the Chief Inspector in charge of custody. Any immediate concerns are also raised at the time of the visit with the custody sergeant and in some instances the Chairperson.

 

 


 

 

 

Visiting Statistics

 

During 2013 ICVs undertook 37 unannounced visits to the custody suite at Police Headquarters. This is up from 25 in 2012. A breakdown of the visits during 2013 and 2012 are set out below.

 

Year

Number of unannounced visits carried out in by ICVs

Number of detainees in custody at the time of unannounced visits

Number of detainees offered a visit

Number of detainees who accepted a visit

Number of detainees who declined a visit

Number of detainees who were unavailable for visiting (due to sleeping, being interviewed etc...)

2012

25

75

47

37

10

28

2013

37

81

57

43

13

20

 

 

It has to be noted that a number of detainees were not offered visits due to their state of intoxication. 

 

 

 

Reason for detention

 

When someone is detained the reason for their detention is categorised.  A breakdown of the reasons for detention is set out below (only 2013 data available).

 

 

 

Day and time of Visits

 

 ICVs are paired on a rota basis. It is down to the paired team to decide the date and time of the visit.  A breakdown of the 2012 and 2013 data is set out below.   

 

 

Times of visits to Police Headquarters

 

 

 

Issues reported by ICVs

 

From conversations with detainees requests were made for the following items:

 

  • Extra blankets
  • Food or drink
  • Reading material
  • Temperature of cells to be adjusted where possible
  • To see the police doctor

 

 

All requests from detainees were reported and marked on the ICVs’ paperwork. The majority of requests were dealt with there and then by the custody team.

 

 

Other queries raised by ICVs were in regard to:

 

  • Hygiene packs
  • Excessive temperature of the custody office, which creates an uncomfortable working environment for staff
  • Cleaning procedures

 

 

Closing Comments

 

As reported in the 2012 ICV report, the States of Jersey police station has become a smoke free venue. It has to be noted that the smoke free policy seems to have had very little impact on the detainees during the visits in 2013.

 

One thing that has been noted is the number of comments regarding the choice of food by detainees. While some detainees are happy with a Pot Noodle, there is very little choice of food unless you have been detained for a number of hours. In this instance a custody officer would collect something from outside the police station.

 

On the whole, the feedback from detainees has been positive regarding their time in custody; there have also been a number of positive remarks regarding the custody staff. 

 

 

 

Chairperson ICV Scheme

February 2014

 

1

 

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