England: Detained persons ‘unfairly imprisoned’ because of poor healthcare

The lack of a coherent approach to exercising duty of care to detained persons in England and Wales is leading to at least some people being unfairly imprisoned, a new report says.

The annual report of Lay Observers for England and Wales sets out failings in the care of people held in custody at courts and transported between police stations, prisons and courts by escort contractors.

Among its key concerns are inadequate access to healthcare, with no on-site medical support in the custody area of any courthouse and no form of mental health support in ten per cent of courts.

Tony FitzSimons, outgoing chair of the Lay Observers National Council, told The Guardian that some of those who come to trial will be imprisoned unfairly or kept in prison for too long because of a lack of medical attention affecting their ability to present their case.

The executive summary of the report states that “at least six per cent of all [detained persons] are exposed to the potential for incorrect decisions made by the judiciary due to inadequate medication”.

The report also found that the condition of custody suites continues to fall below acceptable standards, with concerns of poor cleanliness of cells and inadequate facilities throughout England and Wales.

The escort and court custody arrangements for children and young people facing trial was deemed “unsatisfactory”. Young people in custody are treated like adults, placed in small windowless cells and cared for by custody officers with no special training.

The report highlights that disabled people are frequently sent for trial at courts that are not accessible to them, and suggests the use of video link technology to allow for their court appearances.

Close to half of the records sent by police and prisons when handing over custody to the Prison Escort Services (PECS) contractors are inaccurate and more than half do not give sufficient information to allow proper risk assessments of the security and welfare of the detainee.