In this Working Paper, Dr John Kendall critically examines the statutory Independent Custody Visiting Scheme through a theoretical lens.
Kendall argues that the Independent Custody Visting Scheme fails to fulfil its intended role as an independent and effective mechanism for overseeing police custody conditions. Under the scheme, members of the public are supposed to visit custody suites, unannounced, to evaluate the conditions of those detained.
The scheme was introduced in the 1980s following recommendations from Michael Meacher MP and Lord Scarman in the aftermath of the Brixton riots. Drawing on his qualitative research, Kendall suggests that the scheme is compromised by a power imbalance between the police and the public visitors meant to monitor them. He writes:
The scheme was designed by the Home Office and the police specifically to cause the least trouble to the police, and that has been the policy ever since.
Kendall draws on Steven Lukes' theory of power (2005) and Herbert Packer's theory of the ideology of criminal justice (1968) to examine why the scheme has failed to be either independent or effective. He concludes with recommendations for reform.
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