Release and transfer from the Service Custody Facility

Arrangements to transfer detainees back to their unit or onwards to the Military Corrective Training Centre reflect any risks identified during their stay at the Service Custody Facility. Detainees receive advice, information and referral to other agencies as necessary to support their safety and well-being on release or transfer.

Pre-release or transfer arrangements

20. There are arrangements to ensure detainees are released or transferred safely.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Staff conduct good quality pre-release risk assessments in the presence of the detainee. These are documented and identify and mitigate any risks and vulnerability throughout a detainee’s period of detention. Action is taken to reduce any risks and welfare concerns before release from the Service Custody Facility.
  • Appropriate relevant information about risk, vulnerability, health or safeguarding is communicated confidentially to relevant agencies and support organisations.
  • Detainees who lack the means to return home or to their unit receive appropriate assistance.
  • On release, detainees are given up-to-date information about sources of help and support in the community in a format and language they can easily understand.
  • Particular attention is given to the safe release of vulnerable detainees and children.
  • The release of detainees to their units is not delayed unnecessarily.
  • Detainees being transferred to the Military Corrective Training Centre are given information about the centre in a format they can understand.
  • Detainees who are being transferred to the Military Corrective Training Centre, summary hearing or court martial are escorted safely and with consideration of their individual needs. Detainee escort records are completed clearly and accurately and include all relevant details, especially any issues relating to risk or self-harm. Any health information is shared confidentially. Detainees appearing for a summary hearing or court martial are suitably dressed.

Human rights standards

In relation to expectation 20, human rights standards require consideration be given to a detainee’s need for assistance on release, including health needs. Release must occur without undue delay to ensure that detention is for the shortest possible duration. Detainees being transferred must be told where they are going. See ECHR 2, 5, 8; ICCPR 9, 10(1), 14; ICESCR 12(1); CRC 3, 24(1), 37, 40(1); EPR 14, 33, 39; BOP 1, 13, 16, 31, 36–39; HR 17, 20. See also CM/Rec(2010)4 25 and standards relating to the transfer of prisoners (expectation 3).