Section 51 Independent custody visitors for places of detention
England and Wales
Every F1local policing body shall—
make arrangements for detainees to be visited by persons appointed under the arrangements (“independent custody visitors”); and
keep those arrangements under review and from time to time revise them as they think fit.
Every F3local policing body must ensure—
that the arrangements made by it require independent custody visitors to prepare and submit to it a report of any visit made under the arrangements to a suspected terrorist detainee, and
that a copy of any report submitted under paragraph (a) is given to the person appointed under section 36(1) of the Terrorism Act 2006 (independent reviewer of terrorism legislation).
The arrangements may confer on independent custody visitors such powers as the F6local policing body considers necessary to enable them to carry out their functions under the arrangements and may, in particular, confer on them powers—
to require access to be given to each police station;
to examine records relating to the detention of persons there;
in relation to suspected terrorist detainees, to listen to the audio recordings and view the video recordings (with or without sound) of interviews with those detainees which have taken place during their detention there and which were conducted by a constable;
to meet detainees there for the purposes of a discussion about their treatment and conditions while detained; and
to inspect the facilities there including in particular, cell accommodation, washing and toilet facilities and the facilities for the provision of food.
The arrangements may include provision for access to the whole or part of an audio or video recording of an interview of the kind mentioned in subsection (3)(ba) to be denied to independent custody visitors if—
it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
the procedural requirements imposed by the arrangements in relation to a denial of access to such recordings are complied with.
Grounds are not to be specified in any arrangements for the purposes of subsection (3A)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
The arrangements may include provision for access to a detainee to be denied to independent custody visitors if—
it appears to an officer of or above the rank of inspector that there are grounds for denying access at the time it is requested;
the grounds are grounds specified for the purposes of paragraph (a) in the arrangements; and
the procedural requirements imposed by the arrangements in relation to a denial of access are complied with.
Grounds shall not be specified in any arrangements for the purposes of subsection (4)(a) unless they are grounds for the time being set out for the purposes of this subsection in the code of practice issued by the Secretary of State under subsection (6).
The Secretary of State shall issue, and may from time to time revise, a code of practice as to the carrying out by F9local policing bodies and independent custody visitors of their functions under the arrangements.
Before issuing or revising a code of practice under this section, the Secretary of State shall consult with—
such persons as appear to the Secretary of State to represent the views of police and crime commissioners;
the Mayor's Office for Policing and Crime;
the Common Council of the City of London;
F12the National Police Chiefs' Council; and
such other persons as he thinks fit.
The Secretary of State shall lay any code of practice issued by him under this section, and any revisions of any such code, before Parliament.
F13Local policing bodies and independent custody visitors shall have regard to the code of practice for the time being in force under subsection (6) in the carrying out of their functions under the preceding provisions of this section.
Annotations
Textual amendments
- F1
Words in s. 51(1) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(2); S.I. 2011/3019, art. 3, Sch. 1
- F2
S. 51(1A) inserted (22.4.2013) by Coroners and Justice Act 2009 (c. 25), ss. 117(5), 182(5) (with s. 180); S.I. 2013/705, art. 2
- F3
Words in s. 51(1A) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(3); S.I. 2011/3019, art. 3, Sch. 1
- F4
Words in s. 51(2)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(4)(a); S.I. 2011/3019, art. 3, Sch. 1
- F5
Words in s. 51(2)(b) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(4)(b); S.I. 2011/3019, art. 3, Sch. 1
- F6
Words in s. 51(3) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(5); S.I. 2011/3019, art. 3, Sch. 1
- F7
S. 51(3)(ba) inserted (22.4.2013) by Coroners and Justice Act 2009 (c. 25), ss. 117(6), 182(5) (with s. 180); S.I. 2013/705, art. 2
- F8
S. 51(3A)(3B) inserted (22.4.2013) by Coroners and Justice Act 2009 (c. 25), ss. 117(7), 182(5) (with s. 180); S.I. 2013/705, art. 2
- F9
Words in s. 51(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(6); S.I. 2011/3019, art. 3, Sch. 1
- F10
S. 51(7)(a)(b) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 6, 53, Sch. 4 para. 16; S.I. 2007/709, art. 3(d) (subject to arts. 6, 7)
- F11
S. 51(7)(a)-(ab) substituted for s. 51(7)(a) (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(7); S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 71)
- F12
Words in s. 51(7)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 14 paras. 6, 7(e); S.I. 2017/399, reg. 2, Sch. para. 41
- F13
Words in s. 51(9) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(8); S.I. 2011/3019, art. 3, Sch. 1
- F14
S. 51(10) substituted (22.4.2013) by Coroners and Justice Act 2009 (c. 25), ss. 117(8), 182(5) (with s. 180); S.I. 2013/705, art. 2
- F15
Words in s. 51(10) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 299(9)(b); S.I. 2011/3019, art. 3, Sch. 1