Request information from 1st August 2025 - 14th April 2026 number of times ICV's have requested to see detainees records, number of times ICV's not given sight of records
Reference: 26001
Date Added: Wednesday, May 6, 2026
Category:
Disclosure Details
Two duties are placed on public authorities under Section 1 of the Freedom of Information Act 2000 (FOIA). Notwithstanding applicable exemptions, the first duty at, Section 1(1) (a), is to confirm or deny whether the information specified in a request is held. The second duty at, Section1 (1) (b), is to disclose information that has been confirmed as being held. Under the provisions of those sections of the FOIA, we can confirm that the information you seek is held by the Office of the Police and Crime Commissioner for Gwent.
Please see responses below.
The request covers the period from August 1st 2025 to April 14th 2026
1) The number of times Independent Custody Visitors (ICV) have requested to see a detainees custody record after being given permission from the detainee to see their custody record
26
2) The number of times ICVs were not given sight of the detainees custody record after being given the consent of the detainee.
6 in total:
- 2 instances during the visit on the 8th September 2025
- 4 instances during the visit on the 18th September 2025
3) The reason given by the Custody Sergeant for refusing to allow the ICV to see the detainees custody record
Instance 1 - first detainee
It was noted on the visit form (8th September 2025) ‘Requested custody record and Custody Detention Officer informed , action denied by Custody Sergeant – because detainee hadn’t signed’ some narrative is missing from the end of the photocopy so unable to disclose. However, there was further information in the notes section of visit form - ‘Permission not given by Custody Sergeant because the detainee hadn’t signed custody record and the detainee hadn’t told him or the CDO’.
Excerpt from Email 16th September 2025 from Custody Inspector
I am also aware that during the same visit, the ICV also wanted to view the custody record of a detainee who was in interview. I am told that there was a level of insistence on this matter too, but again, the custody officer refused on the basis that the DP had capacity, and the fact that he was currently in interview should not preclude them of being able to decide on whether an ICV should have access. In this instance, the ICV would have the option to await the conclusion of the interview so that the appropriate permission can be sought.
Instance 2- second detainee (during same visit 8th September 2025)
It was noted on visit form (8th September 2025) ‘No permission given by sleeping detainee’
Excerpt of Email 16th September 2025 from Custody Inspector
The Custody Officer involved in the below came to see me after the visit to explain his rationale. The rationale given was that the detainee in question was not under the influence. He was not medically or in any other way incapable of deciding whether to give permission. The DP was roused from his sleep and he simply chose not to engage at all including verbally. Thus permission was not given.
Therefore, the custody officer’s decision was to not allow access to the record.
Instance 3 - During (18 September visit) – the visit form notes ‘Issue with printing (redacted) ICV custody record form, could only print all information about detainees. Told we couldn’t see any records of people due to them being intoxicated/volatile as we had not had permission to see them. CDO informed us could not see records as informed by desk Sergeant and the Inspector. Although we did speak with Desk Sergeant who answered our questions’.
Email from the Custody Inspector dated 24th September 2025
Instructions were sent out on how to print the report as recently as the 8th September so I’m hoping this should trickle through… but I have now emailed the Sgts to instruct them to print the report if the CDO’s are unable to do so.
4) In each instance what legal reason was given to the ICV
Instance 1: It was noted on visit form (8th September 2025) that ‘Permission not given by Custody Sergeant because the detainee hadn’t signed custody record and the detainee hadn’t told him or the CDO’.
Instance 2: It was noted on visit form (8th September 2025) ‘Custody Sergeant stated he wouldn’t give sight of the custody record because he (Detainee) was asleep’.
Instance 3: It was noted on visit form (18th September 2025) (ICVs) ‘had not had permission to see custody records’.
In each instance custody staff stated that they were following data protection regulations.
5) The number of times Gwent ICVs have reported to their line manager that they have been refused sight of the detainees custody record.
2 instances were recorded on one visit form (8th September 2025).
The Scheme Manager received a call on the (8th September 2025) and email on (9th September 2025) regarding the same two instances.
The Scheme Manager received a call on the (19th September 2025) regarding custody staff not being able to print off the (redacted) ICV report form. A verbal update of the custody record was provided instead.
A position has now been agreed between the ICV Scheme, the OPCC and Gwent Police which will allow ICVs to continue to obtain consent from detainees for access to custody records.
The Freedom of Information Act is a public disclosure regime, not a private regime. Any information disclosed under the Act is thereafter deemed to be in the public domain, and therefore freely available to the general public and will be published on the OPCC website.
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You can also write to the Information Commissioner’s Office at the following address:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.