Revised Code of Practice on Independent Custody Visiting


March 12, 2013

  • legislation

The Home Office has launched a consultation seeking views on a revised draft Code of Practice governing Independent Custody Visiting for England and Wales.

The draft Code of Practice has been updated to reflect:

arrangements and requirements (once the relevant legislation has been commenced) for ICVs visiting suspected terrorist detainees;

recent changes to police accountability mechanisms, in particular the transfer of responsibility to provide ICV schemes from the now abolished police authorities to Police and Crime Commissioners; and

legislative changes since the Code was last revised in early 2010, such as the coming into force of the Equality Act 2010.

Key changes to the draft Code include new guidance on:

training and selection for ICVs who visit suspected terrorist detainees;

arrangements for ICVs visiting terrorist suspects in detention;

procedures when ICVs may request access to audio and video recording of interviews with suspected terrorist detainees;

new requirements for ICVs who visit terrorist detainees to submit a report of their visit to the Independent Reviewer of Terrorism Legislation (IRTL) and the relevant Police and Crime Commissioner (PCC).

Please send any comments on the draft Code by 28 January 2013.

Further information on the consultation available can be found in ICV Code of practice PDF Document, To view or download please click the below link:

Download Code of Practice (PDF)

National Conference 2012

Working systems of the joint HMIC and HMI Prisons Police Custody Inspection Programme for police forces in England and Wales have been reviewed following feedback from stakeholders and forces. This has resulted in a revision of the Memorandum of Understanding (MoU) and the Expectations for Police Custody (Expectations).

The amendments in the MoU now reflect:

A risk based approach to re-inspection

The majority of inspections will be unannounced

Written confirmation of the ‘Hot De-Brief’ within 5 working days

These amendments are expected to create a significant reduction on the burden on forces. Copies of the MoU and Expectations are accessible on the HMIC and HMI Prisons web sites, click here.