Joint Committee On Human Rights - Third Report

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 8 December 2004.

Contents

Terms of Reference

Report

Summary

1 Introduction

Our approach

Structure of our Report

2 Human rights standards and deaths in custody

The European Convention of Human Rights

The International Framework

The right to life: Article 2 ECHR

Article 2 privacy and autonomy

Article 2 and the duty to investigate

Article 14 discrimination and Article 2

Article 3 Freedom from inhuman or degrading treatment

3 Scale of the problem

Prisons

The extent of self-inflicted deaths

Who dies in prison?

Attempted suicide and self-harm

Women

Homicides

Deaths through control and restraint

Death by natural causes

European comparisons

Measures taken to address deaths in prison

Children and young persons

Police Custody

Measures takes to address police custody deaths

Immigration Detention

Mental Health Act detention

4 Prison overcrowding and sentencing

Characteristics of the prison population

Prison overcrowding

The impact of overcrowding

Movement of Prisoners

Rising prison numbers and sentencing

Judicial and magistrate confidence in alternatives to prison

Immigration detainees in prison

5 Risk Assessment and Management

Prison reception, induction and assessment arrangements

Reception in Police Custody

Immigration detention

Safer cells and surveillance

6 Physical healthcare

The human rights context

Police custody healthcare: drug- and alcohol-addicted detainees

Prison Healthcare: NHS equivalence

Drug and alcohol treatment and detoxification in prison

Communicable diseases

Prescription of medication in Mental Health Act detention

7 Mental healthcare

Mental health and prisons: the Government's approach

Provision of mental healthcare in prisons

Transfers of mentally-ill people from prisons

The need for more provision in NHS mental health settings

Police cells as "places of safety"

Detention in immigration removal centres

8 Physical restraint and seclusion

Restraint and seclusion in detention

The human rights framework

Restraint and seclusion in Mental Health Act detention: The regulatory framework

Compliance with the Code of Practice

Restraint in the prone position

Pain Compliance

Discriminatory use of control and restraint

Detainee Involvement

9 Staffing and training

Staffing of police custody suites and staff training

Prison officer training

Control and restraint training

In hospitals

In Police Custody

Co-ordination of policy and training on restraint

Staffing Levels

10 Inquiries into deaths in custody

Informing and involving families

Inquests

The Luce Report

The inquest verdict

Production and disclosure of documents to families

Delays and Resources

Legal Aid and Family Participation

Investigations of deaths in police custody

Powers

Family liaison

Co-operation with the CPS

The limits of the IPCC mandate

Inquiries into deaths in prison

Inquiries into deaths in Mental Health Act detention

Prosecutions of police or prison officers

The Article 2 duty on the CPS as a public authority

Attorney General's Review of the CPS

Offences relating to deaths in custody

11 Conclusions

Concluding Remarks

Final Recommendations

Formal Minutes

Witnesses

List of Written Evidence





MINUTES OF EVIDENCE - VOLUME II (HL 15-II / HC 137-II)

Monday 12 January 2004
Monday 26 January 2004
Monday 9 February 2004
Monday 1 March 2004
Monday 15 March 2004
Monday 14 July 2004

APPENDICES TO THE MINUTES OF EVIDENCE - VOLUME II (HL 15-II / HC 137-II)

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Prepared 14 December 2004