CAT/C/GBR/CO/6
recruitment of additional prison staff, although it remains concerned about reported staff
shortages in some prisons (arts. 11 and 16).
21.
The State party should:
(a)
Continue its efforts to improve conditions of detention and alleviate
overcrowding of penitentiary institutions and other detention facilities, including
through the application of non-custodial measures. In that connection, the Committee
draws the State party’s attention to the United Nations Standard Minimum Rules for
Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the
Treatment of Women Prisoners and Non-custodial Measures for Women Offenders
(the Bangkok Rules);
(b)
Recruit and train a sufficient number of prison personnel to improve
security, reduce violence and ensure the adequate treatment of detainees;
(c)
Continue to implement preventive strategies related to prisoner violence,
including measures to monitor and document incidents of violence;
(d)
Investigate all incidents of violence in places of detention and ensure that
prison officials are held accountable in cases where they fail to take reasonable
measures to prevent and respond to such violence.
Juvenile justice
22.
The Committee is concerned that the age of criminal responsibility in England,
Wales and Northern Ireland remains at 10 years, and that in Scotland it was recently raised
from 8 to 12 years, which is not in accordance with international standards. It also notes
that the State party’s delegation acknowledged that there has been an increase in the use of
restraints and separation in the youth custodial estate. While taking note of the introduction
of a policy to minimize and manage physical restraint in all three secure training centres
and the five young offenders institutions for persons under 18, the Committee observes
with concern that the State party did not provide information about its implementation and
results. Notwithstanding the explanation offered by the delegation, the Committee remains
concerned about reports about children, men and women being inappropriately transported
together in the same prison vehicles (arts. 11 and 16).
23.
The Committee reiterates its previous recommendation (CAT/C/GBR/CO/5,
para. 27) that the State party raise the minimum age of criminal responsibility and
ensure the full implementation of juvenile justice standards. In accordance with rules
63 and 64 of the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty (General Assembly resolution 45/113, annex), instruments of restraint and
force can only be used in exceptional cases, where all other control methods have been
exhausted and failed. In addition, the State party should prohibit the application of
solitary confinement to juveniles. It should also prohibit the transport of prisoners in
any way that subjects them to unnecessary physical risk of abuse in violation of the
Convention.
Deaths in custody
24.
The Committee notes with concern that, according to the information provided by
the State party’s delegation, between March 2017 and March 2019 there were 8 apparent
homicides and 160 self-inflicted deaths in the prison system in England and Wales. The
Committee also regrets the deaths of two children at secure children’s homes in England
and Wales in February 2017, noting that in both cases the Prisons and Probation
Ombudsman considered that the well-being check had been inadequate or ineffective (arts.
2, 11 and 16).1
25.
The State party should:
(a)
Provide the Committee with detailed information on cases of deaths in
custody and the causes of those deaths;
1
Prisons and Probation Ombudsman, Annual Report 2017/18 (London, October 2018), p. 49.
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