Further Detail on the Report

During 2023/24, ICVS carried out over 1,057 visits to custody centres and spoke to over 1,500 people in custody.

This Annual Review highlights to the Authority, the Scottish Justice System, the public, and the United Nations that during 2023-24 ICVs have raised no OPCAT concerns.

Indeed, many visitors have commented on the progress that Police Scotland has made in the provision of custody services. Notably, ICVs have praised the roll-out of enhanced training for CJSD officers and staff and have noted progress in partnership working arrangements to enhance the support available to vulnerable people when they are held in police custody.

ICVs have however continued to make observations for how the provision of custody services and the care and welfare of detainees can be improved. The report highlights some of these observations which cover a broad and varying range of issues – from detainees having access to washing facilities to understanding the letter of rights.

ICV findings from this year have raised an instance of concern where an individual’s underwear was observed outside of cells rather than stored in appropriate areas as per custody procedures. Police Scotland responded swiftly to this isolated incident and reinforced policy across the force accordingly. ICVS have recorded no further instances since January 2024 and will continue to monitor this.

There are key and thematic areas for continuous improvement highlighted in the Annual report. In the majority of cases, the responsibility to act on ICVs findings falls to Police Scotland and these findings are addressed at the time by the custody staff/officer. However, a small number of findings will require input from other public sector partners or investment in order to address the actions identified.

The following key thematic areas for continuous improvement for Police Scotland have been raised within the report:

Finding 1: Mental Health impact;

Finding 2: Children in custody;

Finding 3: Access and offering of a wash/shower; and the provision of shaving kits, 124 issues were raised with 94 being resolved.

Finding 4: Letter of Rights being issued and understood by
individuals in custody; 218 issues reported of which 193 were resolved.

Finding 5: Named person for instance partner, parent or relative, Solicitor; 172 were reported and 143 resolved.

Finding 6: Medical; 171 issues reported and 153 resolved.

Finding 7: Access to reading and writing materials; 157 related to this of which 153 were resolved.

Finding 8: Police Scotland’s custody estate

It should be noted that for all data presented in the report, that data labelled as ‘issues’ can be raised by a detainee and be found to have already been addressed by Police Scotland. In total, ICVs raised 1539 detainee requests with custody staff in the 2023/24 period. Of these, 1315 (85%) were resolved at the time of the visit. This reflects the partnership approach that ICVs and Police Scotland staff take, ensuring that in most instances any issues that are observed to be affecting detainees are resolved rapidly.

This cover report will summarise two of the key findings: Mental Health and Access to Washing and Showering Facilities.

Mental health remains the most frequently declared vulnerability for those coming into police custody, with 43% of individuals in the 23/24 period coming into police custody self-declaring mental health vulnerabilities. ICVs have continued to note the increased demand that mental health vulnerabilities are putting on the provision of police custody services.

His Majesty’s Inspectorate of Constabulary in Scotland (HMICS) thematic review of policing Mental Health in Scotland, report was published in October 2023. The review assessed the state, efficiency and effectiveness of Police Scotland's provision of mental health related policing services and made a number of recommendations for Police Scotland and partner organisations.

ICVs continue to report positively on Police Scotland’s partnership approach to supporting individuals with mental health vulnerabilities. However, it is often observed that the demands mental health vulnerability places on custody provision is far greater than what services and partnership arrangements are in place. ICVs have noted instances where people exhibiting mental health vulnerabilities have not had access to specialist organisations/services as they are either unavailable or do not have capacity to assist.

This ultimately can lead to distress for detainees and add to the significant challenges that custody officers and staff already face while carrying out their day-to-day duties. This is an area that ICVS will continue to closely monitor and ICVs will highlight any concerns to staff.

In terms of access to washing and showering facilities, 75% of these concerns were either addressed immediately, or had already been addressed by Police Scotland. ICVS have previously recommended that Police Scotland should continue to offer access to wash/shower facilities regardless of the time spent in custody. Access to washing, showering and hand washing facilities is fundamental to the care, welfare and dignity of people in custody.

This is a continued area of concern for the ICVs as washing/showering should be seen as a basic right of an individual. Police Scotland should seek to ensure any reasonable request to wash and/or shave more often than once per day should be met, where possible. Access to hand washing facilities should also be facilitated where possible.

2023-24 has been a positive year for Independent Custody Visiting in Scotland, achieving a gold accredited award from the Independent Custody Visiting Association. This accreditation represents a significant milestone for ICVS and outlines the quality and the standard of the scheme in Scotland. The Scheme has also had demonstrable success in influencing changes within police custody in Scotland, these are outlined in the report. Many visitors have commented on the progress that Police Scotland has made in the provision of custody services and the Annual Report highlights areas of continuous improvement, which Police Scotland are aware of and are committed to helping deliver.