OPCAT

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is an international human rights treaty designed to strengthen the protection of people deprived of their liberty.

During the 239 successful visits there was no recorded concern relating to torture or inhumane treatment.

Visitors did highlight in their observations that that there appear to be ongoing issues regarding the timely and appropriate offering and/or providing detainees with access to washing and showering facilities which has been articulated by PS colleagues during the visit as being due to the availability of staff to facilitate washing.

The Police Scotland Care and Welfare Standard Operating Procedure (SOP) states that where an arrested person is to be detained in custody for more than a full day, they must be offered facilities to wash and/or shave at least once per day.  

It is the view of a number of the ICVs that detainees wellbeing and treatment would be improved if they were offered access to washing facilities at the first opportunity after being processed in custody where capacity and facilities allow and in particular where the detainee is due for court the next lawful day regardless of time spent in custody.

Of the successful visits, 203 visits (70%) had no outstanding issues which had not already been addressed and noted as resolved at the time of visit.

During the reporting period actions raised from 16 visits were recorded as ‘outstanding’, 4 of these have since been resolved. A total of 12 actions remain outstanding for updating in Q3. More detail on these can be found in Appendix A.

The Authority and Police Scotland hosted a Places of Safety for Children in Conflict with the Law event on the 15^th of November. This event discussed alternatives to custody for children and young people who find themselves in conflict with the law. The event reaffirmed the position of the Authority and Police Scotland that no child should be held in Police Custody.