Inspectors from HM Inspectorate of Prisons (HMI Prisons) found
that detainees in criminal court custody facilities in Derbyshire
and Nottinghamshire were generally treated with respect and
empathy.
However, during a visit to cells at six courts in September 2020,
inspectors were concerned by an inadequate focus on social
distancing, cleanliness and mask-wearing to protect against the
COVID-19 virus.
As in other areas across England and Wales, many court hearings
during the early stages of the pandemic had used video
appearances from police stations and prisons. Though physical
appearances in courts had been rising slowly since June, court
activity and the number of detainees held in Derbyshire and
Nottinghamshire in September were still substantially below
pre-COVID-19 levels.
HM Courts & Tribunals Service (HMCTS), Prisoner Escort and
Custody Services (PECS) – two government agencies involved in
courts custody – and the private contractor GEOAmey had worked
together to risk assess the reintroduction of in-person hearings
to make court custody safe for detainees and staff.
However, Charlie Taylor, HM Chief Inspector of Prisons, said:
“Insufficient attention was paid to social distancing and
cleaning regimes were not as thorough or robust as we would have
expected. Detainees were not provided with face coverings or
encouraged to wear them, nor were they given the opportunity to
wash and/or sanitise their hands regularly enough.”
Inspectors found that physical conditions in the courts, with a
total of 120 cells, varied. Chesterfield and Derby magistrates’
courts were generally good, but others were less well maintained
and grubby in places.
Detainees said they were treated well. Mr Taylor added: “We saw
many staff take a generally respectful and empathetic approach
towards detainees. They understood the impact custody could have
on detainees and focused well on de-escalating potentially
volatile situations to avoid having to use force, which was
deployed only as a last resort.”
On a less positive note, though, in addition to the management of
COVID-19 risks inspectors had two further key concerns:
- The cases of those detained in custody were not always
prioritised, which meant some were held in court custody for
longer than necessary.
- Training and development activities were not always
sufficient. Custody staff often lacked sufficient understanding
of key policies and procedures, particularly in equality and
diversity, safeguarding, working with children and mental health
and substance misuse awareness, and often failed to implement
them satisfactorily.
GEOAmey secured a new contract to deliver court custody and
escort services in the region from August 2020. Overall, Mr
Taylor said:
“The new contract has the scope to deliver changes in the way
detainees were treated. Health provision had been radically
overhauled and, although it was too early to assess it
effectively, the developments were positive. Plans had been
somewhat stymied by COVID-19, but we were hopeful that progress
would be made soon.”
- Ends -
Notes to editors
1. The report, published on 19 November 2020, can be found on the
HM Inspectorate of Prisons website at: www.justiceinspectorates.gov.uk/hmiprisons/inspections
2. HM Inspectorate of Prisons is an independent inspectorate,
inspecting places of detention to report on conditions and
treatment, and promote positive outcomes for those detained and
the public.
3. HM Inspectorate of Prisons’ inspections of court custody
facilities contribute to the United Kingdom’s response to its
international obligation to ensure regular independent inspection
of all places of detention. The inspections focus on outcomes for
detainees in five areas:
- leadership and multi-agency relationships
- transfer to court custody
- in the custody suite reception processes: individual needs
and legal rights
- in the custody cell: safeguarding and health care
- release and transfer from court custody.
4. This inspection covered custody in the court cluster in
Derbyshire and Nottinghamshire – a total of 120 cells across two
crown courts and four magistrates’ courts, with a detainee
throughput of 7,231 detainees. The prisoner escort and custody
services (PECS) arm of HM Prison and Probation Service (HMPPS)
contracted GEOAmey on behalf of HM Courts & Tribunals Service
(HMCTS) to provide court custody and escort facilities in the
region. This was the second inspection of court custody in this
cluster and only eight of the 29 recommendations made in 2013 had
been achieved.
5. This inspection took place between 23–30 September 2020.