Section 1. Respect for the Integrity of the Person, Including Freedom from:
a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings
The Independent Office for Police Conduct investigates whether security force killings were justifiable, and if appropriate, passes cases to the Crown Prosecution Service to pursue prosecution.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The law prohibits such practices, but there were a few reports that government officials employed them.
A female convict with a diagnosed borderline personality disorder alleged to the visiting delegation from the Council of Europe’s Committee on the Prevention of Torture (CPT) visiting Scotland in October 2019 that she was twice roughly handled during transfers between prisons resulting in bruises on her left upper thigh, on her left elbow, and a black eye in the first instance and injuring her elbow in the second. The CPT investigated uses of force at the Cornton Vale Prison in Scotland, where the woman was incarcerated. Authorities provided more than 200 incident reports covering the period from October 2018 to the day of the visit (i.e., one year). Half of all the incidents involved control and restraint measures and, notably, the use of wrist and thumb-locks. In approximately 25 percent of the incidents when force was used, the female prisoners involved had shown aggression and had first attacked prison staff. In approximately 75 cases, the female prisoners had failed to comply with orders to move cells or get into their cells. In 27 of these control and restraint cases, the refusal to comply with orders had happened after acts of self-harm or suicide attempts.
On February 20, the Subcommittee on Torture of the UN Human Rights Council reported on a visit to the country in September 2019. The report has not been published.
Impunity was not a problem in the security forces. The Independent Office for Police Conduct, Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services, and Her Majesty’s Inspectorate of Prisons carried out investigations into complaints of abuses by security forces. The United Kingdom’s (UK’s) College of Policing incorporates human rights-oriented guidance on policing into its Authorized Professional Practice, the official source of policing practice.
Arrest Procedures and Treatment of Detainees
Nationally there is a functioning bail system, but defendants may be denied bail if they are judged to be flight risks, likely to commit another offense, are suspected terrorists, or for other limited circumstances.
If questioned at a police station, all suspects in the UK have the right to legal representation, including counsel provided by the government if they are indigent. Police may not question suspects who request legal advice until a lawyer is present. In Gibraltar the Duty Legal Representative Scheme provides free legal representation to anyone in Gibraltar police custody earning less than 14,000 pounds ($18,480) per year, the minimum wage. All law firms in Gibraltar with five or more lawyers are required to register as part of the scheme.
In Scotland police may detain a suspect for no more than 24 hours. After an initial detention period of 12 hours, a police custody officer may authorize further detention for an additional 12 hours without authorization from the court, if the officer believes it necessary. Only a judge can issue a warrant for arrest if he or she believes there is enough evidence against a suspect. A suspect must be informed immediately of allegations against him or her and be advised promptly of the charges if there is sufficient evidence to proceed. Police may not detain a person more than once for the same offense. Authorities respected this right. Depending on the nature of the crime, a suspect should be released from custody if he or she is deemed not to present a risk. There is a functioning bail system.
In Bermuda a court must issue a warrant for an arrest to proceed. The law permits arrests without warrant only in certain conditions. When a police officer has reasonable grounds for suspecting that any offense that is not an arrestable offense has been or is being committed or attempted, they may arrest the relevant person if it appears that service of a summons is impracticable. No arrests or detentions may be made arbitrarily or secretly, and the detainee must be told the reason for his or her arrest immediately. Individuals may be detained initially for six hours, and for two further periods of up to nine hours each subject to review and justification. Authorities respected this right.
There is a functioning system of bail in Bermuda. House arrest and wearing an electronic monitoring device may be a condition of bail. A detainee has an immediate right of access to a lawyer, either through a personal meeting or by telephone. Free legal advice is provided for detainees. Police must inform the arrestee of his or her rights to communication with a friend, family member, or other person identified by the detainee. The police superintendent may authorize incommunicado detention for serious crimes such as terrorism.
Pretrial Detention: On September 26, temporary legislation came into effect extending the maximum length of pretrial detention from 182 to 238 days to address delays in jury trials due to COVID-19.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The law prohibits such actions, and there were no reports that the government failed to respect these prohibitions.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape of both men and women, including spousal rape. The maximum legal penalty for rape is life imprisonment. The law also provides for injunctive relief, personal protection orders, and protective exclusion orders (similar to restraining orders) for victims of violence. The government enforced the law effectively in reported cases. Courts in some cases imposed the maximum punishment for rape. The government provided shelters, counseling, and other assistance for survivors of rape or violence. NGOs warned that police and Crown Prosecutorial Services have raised the bar for evidence needed, causing victims to drop out of the justice process. In July the Crown Prosecution Service launched a five-year plan for the prosecution of rape and serious sexual offenses (RASSO) to help reduce the gap between reported cases and prosecutions. The plan committed to improving cooperation between police and prosecutors, fully resourcing RASSO units, and training to improve communication with victims.
The law criminalizes domestic violence. Those who abuse spouses, partners, or family members face tougher punishment than those who commit similar offenses in a nondomestic context.
The NGO Women’s Aid reported that as of April 6, a total of 38 of 45 service providers had reduced or suspended at least one service due to COVID-19. NGOs expressed concern that the digitization of medical services due to COVID-19 disproportionately affected women and children of color who were less likely to have access to computers or smart phones.
The Office for National Statistics (ONS) reported in November that while police-recorded cases of domestic violence in England and Wales rose by 7 percent from March to June, compared with the same period in 2019, the rise could not be attributed entirely to the COVID-19 pandemic because police made an effort to record these crimes better in recent years. The same report stated demand for domestic violence services increased since the start of COVID-19 restrictions on movement outside the home in March, and it acknowledged that victims trapped at home with their abuser due to restrictions may not able to report the crime to police.
The #YouAreNotAlone campaign introduced by the home secretary during the COVID-19 response aimed to raise public awareness about domestic violence and encourage those experiencing abuse to seek help. NGOs criticized the fact that the campaign was carried out entirely in English. Additionally, in April the Home Office provided an additional two million pounds ($2.64 million) to NGOs and the Domestic Abuse Commissioner to bolster domestic abuse helplines and online support. Throughout the year professional organizations responsible for safeguarding women and children issued COVID-19 specific guidance to help practitioners, such as nurses, police, and social workers, to identify and report signs of abuse.
Domestic violence and abuse was at a 15-year high in Northern Ireland, having increased by 9.1 percent with more than 32,000 incidents (18,885 crimes) recorded by the Police Service of Northern Ireland (PSNI) from June 2019 to July 2020. Year on year, more incidents were reported during the height of the COVID-19 lockdown in April (291 more) and May (258) than in the same months in 2019. Restrictions to reduce the spread of COVID-19 forcing people to spend much more time at home created what some women’s aid NGOs described as the “perfect storm” for abusers. Domestic abuse accounted for 19.1 percent of all crime recorded by the PSNI during the year, and Northern Ireland remained the only region in the UK without specific legislation on coercive control.
Female Genital Mutilation/Cutting (FGM/C): The law prohibits FGM/C. The law also requires health and social care professionals and teachers to report to police cases of FGM/C on girls younger than age 18. It is also illegal to take a British national or permanent resident abroad for FGM/C or to help someone trying to do so. The penalty is up to 14 years in prison. An FGM protection order, a civil measure that can be applied for through a family court, offers the means of protecting actual or potential victims from FGM/C under the civil law. Breach of an FGM protection order is a criminal offense carrying a sentence of up to five years in prison.
FGM/C is illegally practiced in the country, particularly within some diaspora communities where FGM/C is prevalent. The government issued 298 FGM protection orders to protect children perceived as at-risk of FGM/C.
The government took nonjudicial steps to address FGM/C, including awareness-raising efforts, a hotline, and requiring medical professionals to report FGM/C observed on patients. The National Health Service reported 6,590 newly recorded cases between April 2019 and March 2020.
Sexual Harassment: The law criminalizes sexual harassment at places of work. Authorities used different laws to prosecute cases of harassment outside the workplace.
Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; and to manage their reproductive health. They had access to the information and means to do so, free from discrimination, coercion, or violence. The government provided access to sexual and reproductive health services for survivors of sexual violence. Health policy was devolved to constituent parts of the United Kingdom. The Northern Ireland Department of Health has not funded some reproductive health services, and certain aspects of reproductive rights remain under political debate.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.
Discrimination: The law provides the same legal status and rights for women and men. Women were subject to some discrimination in employment.
Other Societal Violence or Discrimination
Hate speech, notably against Muslims, in some traditional media, particularly tabloid newspapers, continued to be a problem, with dissemination of biased or ill-founded information. Online hate speech also was a problem.
In a report released in March, the NGO Tell Mama found that anti-Muslim hate crimes in the UK increased by 692 percent in the weeks following the New Zealand Christchurch mosque attack in March 2019.
Several anti-Muslim COVID-19 conspiracy theories spread online in the UK, including theories that Muslims were not adhering to strict rules against convening at places of worship and were therefore spreading the disease. The Muslim Council of Britain’s Centre for Media Monitoring submitted a report to Parliament in August suggesting that mainstream media outlets were also perpetuating images and stories that unfairly linked Islam and Muslim persons to COVID-19.
Scottish law criminalizes behavior that is threatening, hateful, or otherwise offensive at a regulated soccer match, and penalizes any threat of serious violence and threats to incite religious hatred through the mail or the internet.
In Northern Ireland crimes related to faith or religion totaled 15 for the same period, marking a reduction of eight from the previous year. Sectarian crimes decreased by 19 to 628.
In March the government introduced measures to protect renters affected by COVID-19. As long as the protections remain in force, no renter in either social or private accommodation may be evicted for failing to make rent payments. From August 29, landlords are required to give renters six months’ notice if they intend to begin eviction proceedings. Simultaneously, all housing possessions going through court were suspended from March through September 20. When the suspension was lifted, courts were ordered to prioritize only the most egregious cases involving criminal behavior. Longer notice periods and new court rules will continue to apply while COVID-19 restrictions are in place, whether at the national or local level. Evictions were suspended during the second national lockdown from November 5 to December 2, after which the suspension was extended through January 2021.