HMICS Custody inspection framework 2025

His Majesty’s Inspectorate of Constabulary in Scotland (HMICS) has a statutory role to look into the state, efficiency and effectiveness of both Police Scotland and the Scottish Police Authority (SPA). HMICS also has a statutory duty to inquire into how both the Chief Constable and the SPA meet their obligations in terms of best value and continuous improvement, and has a well-established role in providing professional advice and guidance on policing in Scotland.

The Police and Fire Reform (Scotland) Act 2012 provides HMICS the powers to do anything necessary or expedient for the purposes of, or in connection with, the carrying out of its functions. The SPA and the Chief Constable must provide HMICS with any assistance and co-operation required to carry out its functions and must comply with any reasonable request made. When HMICS publish a report, the SPA and the Chief Constable must consider what has been found and take such measures, if any, as they see fit.

HMICS aim to add value and strengthen public confidence in Scottish policing through independent scrutiny and objective, evidence-led reporting about what it finds. Where relevant, HMICS will make recommendations to Police Scotland and the SPA to improve policing. HMICS also aims to identify examples of good practice that can be shared more widely across Police Scotland.

To enhance its approach to the inspection of police custody centres, HMICS collaborated with Healthcare Improvement Scotland (HIS) on the National baseline review of the provision of healthcare services within custody centres in Scotland which was published in January 2023, outlining their findings and recommendations. Learning from the review enabled the scrutiny partners to develop and publish in January 2024, the Framework to inspect healthcare provision within police custody centres, which should be referred to alongside this framework. Our baseline review has also supported the development of a joint custody inspection programme, which commenced in 2023. We will publish a joint report on each individual custody inspection that we undertake outlining our key findings, areas for improvement, and recommendations where necessary.

HMICS inspections of police custody also contribute to meeting our obligations as a member of the United Kingdom’s National Preventive Mechanism (NPM). The NPM is an independent body which monitors the treatment and conditions of people deprived of their liberty in all places of detention under the UK’s jurisdiction and control. The NPM was established to deliver upon the UK’s international obligations under the Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

This revised framework sets out what we expect to find when we inspect Police Scotland’s custody services, and will be the basis for our inspection programme. It reflects Police Scotland’s current policies and guidance in respect of custody service delivery, as well as international human rights standards as they apply to police custody.

Craig Naylor
HM Chief Inspector of Constabulary in Scotland
March 2025