HM Inspectorate of Prisons for England & Wales

Summarize Fact Check

In statute, the role of the Inspectorate is established via statutory duties on the Chief Inspector. These duties were established by the Criminal Justice Act 1982 and inserted as s5A of the Prison Act 1952.^[1]

Appointment and functions of Her Majesty’s Chief Inspector of Prisons.

(1)Her Majesty may appoint a person to be Chief Inspector of Prisons.

(2)It shall be the duty of the Chief Inspector to inspect or arrange for the inspection of prisons in England and Wales and to report to the Secretary of State on them.

(3)The Chief Inspector shall in particular report to the Secretary of State on the treatment of prisoners and conditions in prisons.

(4)The Secretary of State may refer specific matters connected with prisons in England and Wales and prisoners in them to the Chief Inspector and direct him to report on them.

(5)The Chief Inspector shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.

Schedule A1^[2] of the Act provides for the delgation of functions, which allows for the existence of the Inspectorate as a body. It further provides that the Chief Inspector shall provide documents to the Secretary of State on proposed inspections and how they will be conducted, however the right of the Chief Inspector to visit prisons without notice is explicitly preserved.

The Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is an international human rights treaty that requires parties to establish and maintain visiting bodies to prevent torture, and inhuman or degrading treatment or punishment.^[3]

The treaty names these visiting bodies "national preventive mechanisms" (NPMs) and requires that parties enable the work of NPMs, this includes (inter alia) that:

• "The States Parties shall guarantee the functional independence of the national preventive mechanisms as well as the independence of their personnel." - Art 18.1
• "The national preventive mechanisms shall be granted at a minimum the power: ...To make recommendations to the relevant authorities with the aim of improving the treatment and the conditions of the persons deprived of their liberty and to prevent torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant norms of the United Nations;" - Art 19(b)
• "The competent authorities of the State Party concerned shall examine the recommendations of the national preventive mechanism and enter into a dialogue with it on possible implementation measures." - Art 22
• "The States Parties to the present Protocol undertake to publish and disseminate the annual reports of the national preventive mechanisms." - Art 23

HM Inspectorate of Prisons is one of 21 staturoy bodies designated as part of the NPM in the UK.^[4] It therefore has an obligation to maintain its independence, make recommendations on improving the conditions of those in detention, enter a dialogue about those recommendations, and to publish annual reports on its activities.

The Inspectorate applies a methodology that has been described as "broadly speaking, the same as those used by social scientists in other settings, drawing on qualitative and quantitative approaches."^[5] The Inspectorate relies on 5 main methods; observation, speaking to detainees, speaking to staff, speaking to other organisations, and documentation.^[6]

The Inspectorate's self-established criteria includes 4 "healthy establishment tests."^[7]

• Safety - "Prisoners, particularly the most vulnerable, are held safely."
• Respect - "Prisoners are treated with respect for their human dignity."
• Purposeful activity - "Prisoners are able, and expected, to engage in activity that is likely to benefit them."
• Preparation for release - "Prisoners are supported to maintain and develop relationships with their family and friends. Prisoners are helped to reduce their likelihood of reoffending and their risk of harm is managed effectively. Prisoners are prepared for their release back into the community."

Each of these is then rated on a scale of "good," "resonably good," "not sufficiently good," and "poor."^[6] These ratings reflect how adversely affected detainees are in these areas, with "good" reflecting no evidence of adverse effect and "poor" reflecting serious adverse effect.