The Scottish Police Authority’s Independent Custody Visiting Scotland (ICVS) is a member of the National Preventive Mechanism.

OPCAT

The Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) is an international human rights law. The law seeks to strengthen protection for those who are deprived of their liberty. It recognises that people in this position are particularly vulnerable to ill-treatment; it aims to prevent ill-treatment through a system of regular visits or inspections.

OPCAT requires that states designate a ‘National Preventive Mechanism’ (NPM) for carrying out visits to places of detention, monitoring treatment of and conditions for detainees, and making recommendations that might prevent ill-treatment.

The UK ratified OPCAT in 2003. Our NPM is made up of 21 bodies who monitor places of detention across Scotland, England, Wales and Northern Ireland. This includes police custody, prisons, and court custody; immigration and military detention; secure children’s homes, and places where people are detained under mental health legislation. The NPM members have the power to enter places of detention and speak to detainees and staff in private. 

So that they carry out their role effectively, OPCAT requires that NPMs be independent, and that conflicts of interest among staff members are avoided. This is the reason for having volunteers to carry out the custody visits.

The NPM publish an Annual Report detailing their activities: Monitoring Places of Detention.