Printed from www.west-midlands-pa.gov.uk on 07/01/2009


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The origins of custody visiting

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The idea of 'custody visitors' to police stations was first put forward by Lord Scarman in his report on the Brixton disorders in 1981. Lord Scarman recommended that provision be made for 'random checks' by people other than police officers on the interrogation and detention of suspects in police stations.

Although the report was on the Brixton disorders, Lord Scarman was clearly drawing on earlier proposals and envisaged a wider remit than currently given to 'custody visitors'. For example, they do not have statutory status and do not have the right to be present during interviews.

Lord Scarman's report was published in the same year as the Royal Commission on Criminal Procedure which, amongst other issues, dealt with the question of police powers to detain and interrogate suspects.

As a result of the Royal Commission, Parliament passed the Police and Criminal Evidence Act, 1984 - commonly known as 'PACE'. This contained provisions which covered:

  • Safeguards for detainees within a new detention scheme
  • Changes in the law of evidence
  • A new structure for police complaints and discipline
  • A requirement for police authorities to consult local communities