Terrorism Suspects (Police Detention)

James Brokenshire Excerpts

Monday 25th March 2013 Written Statements

[The Parliamentary Under-Secretary of State for the Home Department (James Brokenshire)]

I am today commencing subsections 4 to 8 of section 117 of the Coroners and Justice Act 2009, which provides for important enhanced safeguards for terrorist suspects in police detention. This implements a recommendation of the Government’s “Review of Counter-terrorism and Security Powers”, published in January 2011.

Independent Custody Visiting (ICV) is the well established system whereby volunteers may make unannounced visits to police stations to check on the treatment of detainees and the conditions in which they are held to ensure that their rights and entitlements are being observed. Section 117 amends section 51 of the Police Reform Act 2002, which places a statutory obligation on Police and Crime Commissioners (PCCs) in England and Wales to have an effective Independent Custody Visiting scheme in their force area, by requiring PCCs to ensure equivalent arrangements are in place for any visit made to an individual held under terrorism powers. Independent Custody Visitors will also be required to prepare and submit a copy of the report of their visit to the relevant PCC and the Independent Reviewer Of Terrorism Legislation, currently David Anderson QC.

I have also today laid the revised Independent Custody Visitor code of practice, under section 51 of the Police Reform Act 2002. The revised code has been updated to reflect the new arrangements and requirements for ICVs visiting suspected terrorist detainees; to reflect recent changes to police accountability mechanisms, in particular the transfer of responsibility to provide ICV schemes to PCCs; and to take account of legislative changes since the code was last revised in early 2010. The revised code also benefited from a public consultation, which closed on 28 January. The revised code is available from the Vote Office and a copy of the summary of consultation responses will be placed in the House Library.