WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO
February 17 2026
WE ARE A MAGAZINE ABOUT LAW AND JUSTICE | AND THE DIFFERENCE BETWEEN THE TWO

‘Chronic underfunding’ causing ‘disappointing’ conditions in Magistrate Court custody

‘Chronic underfunding’ causing ‘disappointing’ conditions in Magistrate Court custody

A prison van waiting outside a magistrate court to take prisoners back to prison after their court hearings.

Custody settings in Magistrates Courts face ‘persistent systemic challenges’ according to the latest inspection by the prisons watchdog.

report produced by HM Chief Inspector of Prisons has revealed in London Magistrates’ Courts ‘less than 60% of previous recommendations were fully or partially achieved.’ The inspection was labelled as ‘disappointing’.

Three main agencies, His Majesty’s Courts and Tribunals Service (HMCTS), Serco, and Prisoner Escort and Custody Service (HMCTS) were the focus of the report. A major concern was the ‘lack of consistent cooperation between leaders and staff,’ alongside ‘staff shortages,’ and ‘chronic underinvestment.’ They were not working together to deliver ‘safe and decent custody.’

The report found that there was not enough attention given to detainees’ needs. Female detainees reported to have had male staff supervising them and facilities for detainees with disabilities were ‘limited.’ One of the courts had a lift that had been out of service for months. It was discovered that many courtrooms were only accessible via stairs, cells lacked hearing loops and although legal rights information was available in Braille it was not explained adequately to detainees who could not read. Likewise, ‘provision for neurodiverse needs was low.’

The third concern focused on the agencies not addressing why some detainees were held for longer than necessary. Many delays were caused by limited cell capacity, delayed legal consultations and long waits for prison transfers.

Cleanliness of cells was a concern despite leaders having notice of an inspection. The report attached photos showing ingrained dirt on floors, offensive graffiti and toilets without seats. Some toilet facilities lacked hot water and soap.

Care for children was ‘not good enough.’ The report detailed how they were locked in cells frequently without a risk-based justification despite being accompanied by a three-person enhanced care officer (ECO). Some court staff were found to be ‘reluctant’ to provide care for children as they were not trained as dual-badged officers. Additionally, three custody suites had designated rooms for children’s care. The report states that ‘none were used during our inspection’

It was found that ‘not enough was done’ to ensure acutely mentally unwell detainees received prompt Mental Health Act assessments and be diverted to specialist care and treatment.

The HM Chief Inspector of Prisons states that ‘we hope this report will help the responsible agencies to address these issues and improve the outcomes for detainees.’