An independent custody visitor is someone who visits people who are detained in police stations in the United Kingdom to ensure that they are being treated properly. Prisoner escort and custody lay observers carry out a similar function in relation to the escort of prisoners from one place to another, or their custody at court.
Custody visiting originated as a result of the recommendations from the Scarman Report into the 1981 Brixton riots. Initially, the provision of custody visiting was voluntary on the part of the Police Authorities, but it was placed on a statutory basis in 2002.
In England and Wales, custody visitors are appointed by Police Authorities who are required, now by the Police Reform Act 2002, to make arrangements for custody visiting to take place. However the Act makes it clear that Custody Visitors are independent of both the Police Authority and the Chief Constable of the police force. The Act is supplemented by a code of practice made by the Home Secretary which sets out in more detail how custody visiting should work. In Northern Ireland, a similar arrangement is in place under the Police (Northern Ireland) Act 2000. There is no statutory scheme in Scotland, however all the police boards in Scotland operate a non-statutory scheme under guidance issued by the Scottish Government.
Visits to police stations by custody visitors are unannounced and can be made at any time. The custody visitors must be admitted to the custody suite immediately, unless there is a dangerous situation occurring. They are allowed to speak to anyone being detained at the police station, unless a police Inspector (or higher rank) believes that access would place the custody visitors in danger or would “interfere with the process of justice”. The visitors ask the detained person whether they have been informed of their rights under the Police and Criminal Evidence Act codes of practice (for example, to speak to a solicitor or to make a telephone call) and whether they are being treated properly. Visitors also check that the cells and other facilities within the custody suite, such as the toilets and food-preparation area, are clean. The custody record, which records everything that happens to someone whilst they are in police custody, may also be examined.