Custody and Detention Operating Procedure

1.1.       Introduction

This Custody Operating Procedure (COP) for Custody has been written to compliment the College of Policing Authorised Professional Practice on Detention and Custody (APP) and the Police and Criminal Evidence Act 1984 (PACE), it’s associated Codes of Practice and other relevant legislation, including the Human Rights Act 1998. It is a reference to those who perform the role of Custody Officer and other roles within the custody environment.

Legislation must always be adhered to, however, there may be occasions when staff actions do not strictly follow national guidance. Where this occurs, there must be a fully recorded rationale for doing so. This COP has specific policies and procedures relevant to Dyfed-Powys Police (DPP) and is in addition to guidance contained within the APP on Detention and Custody.

The APP is a web-based document that is subject to frequent review and is updated online. It has streamlined existing knowledge products and guidance into a consolidated online document. In addition to this COP as a resource, other policy documents exist and are available via the Force intranet and, where applicable, to the new DPP Custody website.

PACE and the APP are the primary sources of guidance for Detention & Custody and should be referred to in the first instance.

 

1.2. Responsibilities

Police forces are required to have an effective organisational management structure for their custody operations, with clear lines of accountability. Lines of management need to be clear and unequivocal and should be graphically conveyed to all staff performing custody duties.

Police forces should ensure that custody officers and staff clearly understand their individual roles and responsibilities in the custody suite. All staff must be trained and competent to perform their role in custody and be aware of their responsibilities, their obligations under PACE and the expectations of their colleagues and the force.

 

1.3. Custody Suites

The following are the current designated Police stations for DPP:

• Aberystwyth
• Llanelli (Dafen)
• Brecon
• Haverfordwest
• Newtown
  • Cardigan and Ammanford are also designated custody suites, however, are not routinely used. The opening of these units will be based on staff availability and operational requirements.

 

1.4.  Fire Safety

All staff, who work primarily in custody, must make themselves aware of the fire evacuation procedures for each custody unit they work at including suitable exits and muster points.

All exits must be kept clear and not be used as storage areas.

The Custody Sergeant will have responsibility for ensuring new members of staff are made aware of and learn the fire evacuation procedure for the relevant Custody unit. Each custody unit has its own bespoke fire evacuation procedure which can be found in the respective stations.

Weekly checks must be carried out of the fire alarms.

The Custody Inspector must ensure that six monthly Fire Evacuation Drill of custody are carried out.

Staff must read the Dyfed-Powys Police Fire Safety Policy.

Detention and Custody – Custody Management and Planning - Fire Safety APP.

 

1.5.  Health Care

DPP currently utilise the services of Castle Rock Group (CRG). This contract is up for renewal in June (2024), when a full evaluation of the service provided, and any other potential contracts will be considered.

Custody suites which do not have an embedded Health Care Provider (HCP) (Newtown and Brecon) should expect a specific response time from an appropriate HCP. If these times are not met, the Custody Inspector should be informed. 

 

1.6. Legal Assistance

All requests for legal assistance should go through the Duty Solicitor Call Centre (DSCC).

1.7. Appropriate Adults (AA)

Refer to APP

The use of AA’s is covered by PACE namely Code C 1.7A

Local organisations i.e., ADFERIAD to be utilised where no suitable family member/guardian is available.

Government guidance in relation to appropriate adults.

Appropriate adults should attend as soon as practicable to minimise the length of time children, young people and those who are mentally vulnerable spend in custody. The expectations are that an appropriate adult will attend within two hours of the initial request. Officers should document the time of the call and the attendance time of the appropriate adult.

Every person acting as an appropriate adult should be given a copy of the Home Officer Guide for Appropriate Adults including appropriate adults that are part of an official scheme.

 

1.8.  Contractual Staff

All full time DPP Detention Staff are designated and empowered by the Chief Constable under section 38 of the Police Reform Act 2002. All temporary contract DPP Detention Staff are designated and empowered by the Chief Constable under section 39 of the Police Reform Act 2002

The following list identifies powers for various contracted staff roles.

Detention Officer – Fingerprinting with/without consent.

Detention Officer – Intimate samples, speculative search warning

Detention Officer – Non-intimate samples

Detention Officer – Non-intimate searches of detained persons

Detention Officer – Intimate searches of detained persons

Detention Officer – Photograph persons in police detention

Detention Officer – Taking of footwear impressions.

Detention Officer – Taking of samples of voluntary attendees.

Detention Officer – Searches, photographs, and examinations in order to identify.

Escort Officers – Power to escort persons in police detention.

Escort Officers – Power to take arrested person to police station.

 

1.9. Independent Custody Visitors (ICV)

Refer to APP.

All detainees must give consent for their Custody Records to be viewed including Children and Young Persons.

 

1.10.Refresher/OST/First Aid Training

All staff must have yearly refresher training of OST and First Aid in line with APP.

All staff will receive yearly Custody Refresher training.

 

1.11.   Contingency Planning

COVID contingencies – Located on the Custody intranet page.

Terrorist arrest – Located on the Custody intranet page. Also refer to APP.

 

1.12. Response, arrest and detention

Refer to APP.

Vulnerable detainees:

The following DPP framework exists in relation to vulnerable detainees.

VULNERABILITY ASSESSMENT FRAMEWORK:

The following factors should be considered for every detainee arriving at custody and brought to the attention of custody staff on arrival. This information should be recorded on the custody record or on the relevant arrival form.

ABCDE below overlap and do not act in isolation from each other. They are also dynamic, in that they can emerge at any time during, or following a detainee’s detention in police custody.

A - Appearance

• Is there something about the detainee’s appearance that is unusual or gives rise for concern?
• Do they look ill, injured, unsettled, or anxious?
• What can be observed immediately about the person in distress?
• What is the demeanour of the person?
• Is there a physical problem, e.g., bleeding, panic attack?

B – Behaviour

• Is there something about the detainee’s behaviour that is unusual or gives rise for concern?
• Are they excitable, irrational, manic, slow, or furtive?
• What are they doing and is it in keeping with the situation?

C - Communication & Circumstances Communication

• Is there something about the way that they communicate that is unusual or gives rise for concern?
• Is their speech slurred, slow, fast?
• Are their eyes glazed, staring, dilated?
• What is their body language and are they displaying any subtle signs of stress or fear? Circumstances
• What are the circumstances leading up to the arrest?
• Are they unusual or out of the ordinary?
• Does anything give rise to concern? (This could include a hunch or intuition)

D - Danger Is there a risk of danger / harm to themselves or another?

E - Environment

• Is there something about the environment in which the offence or arrest took place that is unusual or gives rise for concern?
• What is the time of day?
• Where do they live?
• Can they get home?
• Has the incident that they are involved in significantly affected their circumstances?

1.13.  Hospital

A detainee must be transported directly to hospital if they are:

• Showing any signs or symptoms of a head injury
• Drunk and incapable and treatment centres are not available.
• Believed to have swallowed packed drugs.
• Believed to have taken overdose.
• Suffering any other medical condition requiring urgent medical attention
• Suffering any other condition that the arresting officer or transporting officer believe requires treatment prior to detention in custody or
• Have suffered serious injury Where possible, the HCP who assessed the detainee, should endorse, and sign the PER form before the detainee leaves for hospital. This process means that ongoing risks to the individual’s safety and their medical care can continue to be managed by those who inherit a duty of care.
• Anyone detained under the S136 Mental Health Act 1983 should be conveyed to a suitable medical facility unless the behaviour of that person is so dangerous that custody is the only option.

 

1.14.   Arrival at Station

Refer to APP.

Violent arrivals - officers and custody staff must be aware and consider that there may be medical reasons for violent behaviour. Examples could include Acute behavioural disturbance, diabetic incident, Cocaethylene Toxicity, head injury, drug or alcohol use.

Officers and custody staff must be aware that struggling with and or restraining a detainee for any period of time, could result in Lacto-Acidosis. This is a condition that affects the heart and can be fatal.

Custody Officers and custody staff must enquire regarding any struggle/restraint that the detainee may have been involved in prior to arrival in custody and take the appropriate action re HCP assessment as required.

1.15. Booking in

Refer to APP.

1.16. Capacity Levels

Refer to APP.

Custody capacity is based on single cell occupancy in accordance with PACE Code C paragraph 8.1.

The safe operating capacity of a custody suite is dependent on a number of factors:

• The number of detainees currently held.
• The level of monitoring required for those being held.
• Identified risks.
• Number of trained competent staff available on duty
• Operational commitments in the area
• Actual number of cells in operation where the Custody Officer determines that the level of risk cannot be significantly reduced and/or mitigated to a safe operating level, the Custody Officer may decide not to accept any further detainees. This is to avoid compromising the welfare and safety of both detainees and staff.
• In this situation Custody Officers must alert the Custody Inspector and or the Duty Inspector to enable alternative DPP custody units to be utilised. Extra suitably trained and accredited staff should be sought out and made available to manage the risk and re-open any closed custody units.
• If a custody unit is temporarily closed, the Custody Inspector or Duty Inspector must advise the relevant Custody Chief Inspector. Out of hours, the on-call Custody SMT must be advised.
• Whilst there are no agreed Minimum Staffing levels as part of the DPP Policy there is recognition that in order to comply with the health and safety of staff and detainees, a custody suite can only be operating if there is sufficient staff in place to match the risk posed. In order to ensure the five permanent custody suites, remain open, it is the responsibility for the Chief Inspector of Custody to ensure a 3-month rota is created. Any shortfall or requirement for more staff should be brought to the attention of the Bronze Inspector who will be responsible for either securing more staff to that custody suite or if required close a custody suite and arrange for the transport of detainees to the nearest custody suite.

 

1.17. Cell Procedure/Violent Detainees

As well as the nationally taught cell procedure (head away from cell door when brought in) DPP also has its down cell procedure (head towards cell door). Either can be used and both are currently being taught in OST refreshers.

 

1.18.   When a Detainee cannot be detained

Refer to APP.

 

1.19.   Necessity to Detain

Covered by APP.

 

1.20.   Multi Occupancy

APP covers matters relating to multi-occupancy of cells.

 

1.21.   Detention not authorised

Custody officers must identify risks to a detainee’s health as soon as practicable after arrival at custody and must include detainees waiting in a queue or in vehicles. Risk assessments and any findings must be recorded on the custody record as soon as practicable.

Custody Officers must enquire with arresting and/or transporting officers whether the detainee has any known or suspected medical risks or conditions and whether the detainees have any injuries or suspected injuries.

Questioning of officers and the detainee to elicit potential risks around drug or alcohol consumption and or involvement in a violent incident or collision may alert the Custody Officer to further risks. For example, Cocaethylene poisoning and deceleration injuries.

Full consideration must be given to the potentially fatal effects of Lacto acidosis. Arresting or transporting officers must advise the Custody Officer of any struggle/restraint that has taken place during arrest or transportation.

 

1.22. Rights and Entitlements

APP covers matters relating to rights and entitlements

Where a detainee may have difficulty understanding their rights and entitlements they should be provided with a copy of the “easy read” booklet available in all custody units: Notice of rights and entitlements: a person's rights in police detention

 

1.23.   Voluntary Attendees (VA)

APP covers matters relating to voluntary attendees.

VAs should where at all possible be conducted outside of the custody environment. All stations are fitted with interview rooms and should hold the required paperwork to be completed and issued before/during/after interview including risk assessment both pre and

post interview.  The interviewing officer is responsible for carrying out the Risk Assessment on Niche, including any issues that arise from this.

1.24. The Custody Record

Refer to APP

1.25.  Pre-Charge Bail

Pending Police, Crime, Sentencing and Courts Bill in Parliament

Force RUI Bail Guidance Document 

https://dppi2/media/vxlczyqh/bail-rui-guidance-2022.docx

 

1.26. Moving and Transporting Detainees

Refer to APP.

For custody to court, all forces make use of the PECS SERCO contract for the transfer of detainees to court. Overnight an email form is sent to [email protected] to alert SERCO. Contact number for SERCO control is 0800 7818 141.

In the event that no transport is available Custody Officers will liaise with local response teams to secure suitable transport to Court. This must be done through/with the knowledge of the Duty Sergeant responsible for those officers to ensure appropriate coverage remains.

 

1.27. Medical Emergencies during Transport

Refer to APP.

All transportation of prisoners in urgent need of medical attention should be via ambulance unless exceptional circumstances prevail. Where a police vehicle and police officer or staff are used in these exceptional circumstances a full review of the (circumstances) should be completed. If possible, the decision should be reviewed at the time by a supervisor unless a delay in waiting for this review would be to the detriment of the detainee’s health.

The NHS Ambulance Service Protocol requires ambulance services across the country to transport all Mental Health Act section 136 detainees unless the individual is so violent that it is unsafe to do so. Where this is the case, the ambulance should accompany the police vehicle with a member of ambulance staff travelling in the police vehicle.

 

1.28. Risk Assessment (RA)

When an officer makes an arrest, they are personally responsible for the risk assessment and welfare of the detained person. This responsibility continues until the suspect is handed over to the Custody Officer for a decision regarding detention.

Risk assessment means assessing the risk and potential risk that each detainee presents to themselves, staff, other detainees and other people coming into the custody suite.

Both known information and suspected information about any vulnerability must be passed to the Custody Officer.

The dynamic nature of the incident and the process of arrest may have a bearing on the assessment which, by its very nature, is likely to be continuous and needs to respond to changing situational requirements. It may be impractical for this assessment to be written but must be documented at the earliest opportunity.

Officers must be aware that they have a continuing responsibility and duty of care to the detained person and must assess their environment and the impact of their actions.

 

1.29. Content of RA

The Custody Officer must record identified risks and control measures in the custody record as covered by PACE Code C paragraph 3.8.

Paragraph 3.8A requires officers to comply with the Data Protection Act 1998 (DPA) and the UK GDPR. However, officers should not withhold information from any person acting on the detainee’s behalf such as interpreters, solicitors, or appropriate adults if to do so might put that person at risk.

Medical notes are not part of the custody record and are not disclosable.

1.30. Risk Management of Detainees

The arresting or escorting officer should monitor the welfare of the detainee that they are responsible for until such time as they bring them before the Custody Officer. The Custody staff are responsible for documenting and recording the risk assessment for every detainee in the custody record in accordance with paragraphs 3.6 to 3.10 of PACE Code C

The Custody Officer staff must ensure that all those responsible for the detainee’s custody are briefed about the risks. They should ensure their responses to risk are dynamic, reviewed and communicated to all people involved in the care of the detainee, including relevant healthcare staff.

The arresting or escorting officer should make checks with any immediately available sources of information relevant to the welfare of the arrested person. This may include:

• • The detainee
  • The detainee’s friends or relatives
  • Witnesses
  • All staff involved in the person’s arrest and detention.
  • PNC, PND and other local IT systems
  • Healthcare professionals (HCPs), including GPs.
  • Legal representatives
  • An appropriate adult
  • Other detainees
  • Other relevant bodies and organisations. e.g., Youth Offending Team

1.31. Care Plans

A care plan must be recorded on the custody record for every detainee. The care plan must outline what measures have been put in place to manage identified risks.

All care plans must be reviewed and signed by a Custody Officer who will remain responsible for managing and reviewing the care plan based on the dynamic nature of the identified risks and the detainee’s ongoing condition.

As a minimum, the care plan should cover the points below and include a rationale for each:

• • Level of observation
  • Response to medical needs
  • Response to relevant risk markers
  • Response to any identified vulnerability
  • When the plan will be reviewed
  • Pre-release risk considerations, including if none known.
  • Any change to the care plan must be recorded on the custody record.

 

If no risks are identified this should be recorded in the care plan. Custody Officers should also consider as part of the care plan, welfare needs, diversity requirements and any response to the detainee’s general demeanour.

It is the expectation that persons coming into contact with the detainee should inform the Custody Officer of any risks they become aware of relating to the care of the detainee whilst in detention.

Care plans must be reviewed, as a minimum:

• • Following interview
  • Following the detainee being charged or refused bail.
  • Following the detainee being arrested for a further offence.
  • When there has been an adverse incident involving the detainee
  • When the detainee has seen the HCP/FME/MH Worker/Hospital visit
  • When there is a change in risk all care plan reviews must be fully documented on the custody record.
  • At handover, care plans must be assessed as appropriate by the incoming Custody Officer. Agreement or amendment must be recorded on the custody record.
  • One of the most common changes to a care plan is a change in observation levels.

Custody Officer and Custody Staff should be cognisant that changes in the care plan may impact on pre-release risk assessment.

 

1.32.   PER Form Requirements

Refer to APP.

 

1.33.   Do Not Resuscitate (DNR)

Refer to APP.

 

1.34. Detainees Requiring Urgent Medical Attention

Any detainee requiring urgent medical attention should be conveyed to hospital via ambulance unless exceptional circumstances exist. The Duty Inspector must be made aware if police transportation is being used and a near miss/adverse incident to be recorded.

 

1.35. Self-harm and Suicide Risk Detainees

Refer to APP.

 

1.36.   Violent Offenders

Refer to APP.

 

1.37. Acute Behavioural Disturbance (ABD) and Excited Delirium

Refer to APP, but any suspected ABD cases to be treated as medical emergency.

 

1.38. Pre-Existing Medical Conditions

Refer to APP.

 

1.39.   Claustrophobia

Refer to APP.

 

1.40.   Head Injuries

Refer to APP.

• Detainees who have suffered head injuries should be immediately transported to hospital for medical assessment and monitoring. This should be considered in serious/high speed RTC’s where the driver/passenger has been arrested following the RTC.

 

1.41.   Infectious and Communicable Diseases

Refer to APP.

Refer to PACE Code C para 9.7.

 

1.42.   Stuffers and Packers (drug recovery)

Those believed to be internally concealing/stuffing/packing drugs. The following is currently in place:

Stuffers and Packers policy

https://dppi2/media/wp3iofn5/drug-recovery-protocol.pdf

 

1.43.   Pre-release Risk Assessment

Refer to APP however please note the below:

It is the responsibility of the Custody staff to complete a pre-release risk assessment (PRRA) in every case.

Planning for release must be an ongoing process throughout detention and be commenced during the creation of the initial care plan. PRRA should be reviewed as part of each care plan review and concluded at the point of release.

Custody staff should make use of the HARDFACTS mnemonic (see below) as part of PRRA creation, review and finalisation. Custody staff should also consider the services provided by arrest referral workers in creating a PRRA.

Existing risk assessment information, including any vulnerabilities should be considered as part of the PRRA. The Custody staff should decide what action, if any, is appropriate to support vulnerable detainees. Information on referral agencies and written material which may help detainees self-refer to agencies if they choose should be provided to detainees on release.

The creation of the PRRA is an on-going process which may change during the period of detention. Custody staff must pay particular attention at significant points and events during detention. E.g., post interview, post remand and post charge. Any risks that are highlighted as part of the PRRA process must be considered and where practicable appropriate actions taken to mitigate them.

This process is the responsibility of the Custody staff. When completing a PRRA, Custody Officers must confirm that they have reviewed the initial and any subsequent risk assessments, the detainee’s care plan, and the custody record, for any incidents that may have occurred during the detainee’s detention. Custody staff should consider any potential source of information which may be relevant during the creation of a PRRA. This could include, for example, the arresting officer, OIC, HCP, Mental Health professional, arrest referral worker, appropriate adults.

It is the expectation that persons coming into contact with the detainee should inform the Custody staff of any risks they become aware of relating to the care of the detainee whilst in detention. It is also the expectation that persons coming into contact with, or having any dealings with, the detainee should inform the Custody staff of any risks they become aware of relating the detainee’s release. This includes risks that the detainee may pose to him/herself following release, potential risks to the detainee from the community or potential risks the detainee may pose to the victim(s), witnesses or the wider community.

A PRRA must still be completed for those detainees being transferred to any external agency including those detained for Court. All risks identified and any relevant mitigating actions recorded on the PRRA must be transferred to the PER.

The HARDFACTS mnemonic should be used to record that due consideration has been given to the following:

H – Health – What health issues does the detainee have which may impact on their release or increase their vulnerability?

A – Alcohol and drug misuse – What issues does the detainee have with alcohol/drugs which may impact on their release?

R – Risk – What risk does the detainee pose to themselves on release from custody? Who else is likely to be at risk from the detainee upon their release from custody?

D – Domestic circumstances – Is this a factor on release? Are there any foreseeable problems at home upon the detainee being released?

F – Finances – What cash/bank cards does the detainee have with them to assist with travel?

A – Allegation – Could the nature of the offence being investigated have an impact on the detainee once they are released?

C – Clothing - Does the detainee have appropriate clothing to be released in?

T – Travel – What is the weather? What is the time of day? How will the detainee get home?

S – Support – What support does the detainee have from friends/family/other agencies? Should the detainee be referred or self-refer and to what agency?

Is there any information or concerns which may indicate a heightened risk of suicide or self-harm following release? HARDFACTS is not an exhaustive list.

1.44.   Risk of Self Harm / Suicide after release

Refer to APP.

 

1.45.   Transfer of Detention

Refer to APP.

 

1.46.   Control Restraint and Searches

Refer to APP.

All police officers and custody staff should be aware of the dangers of positional asphyxia and restraining people experiencing acute behavioural disturbance (ABD) or a Mental Health crisis, which are medical emergencies.

Further information on ABD: http://www.fflm.ac.uk/wp-content/uploads/documentstore/1310745561.pdf

A custody office is a controlled environment, and the overriding objectives should be to avoid using force in custody.

Staff should treat detainees with dignity and respect and aim to de-escalate any situations that may lead to force having to be used.

Custody staff should manage their environment so that situations where the use of force may be necessary are de-escalated. All uses of force must be proportionate, lawful, and necessary in the circumstances.

Staff will be accountable for all instances where force is used. Any use of force in custody must be recorded on the DPP use of force reporting system/via MDTs.

The National Decision Model should be considered when using any level of force.

 

1.47.   Warning Signs of Physical Violence

Refer to APP.

 

1.48.   Recording Use of Force

Refer to APP – All use of force should be recorded via the online DPP use of force form located on the MDT’s or the intranet. This should be done as soon as possible and in any event prior to the conclusion of the officer’s/staff’s tour of duty. One use of force form to be submitted by each officer/member of staff using force.

 

1.49.   Cell Relocation

Refer to APP.

 

1.50.   Use of TASER

Refer to APP.

Dyfed-Powys Police do not have a policy or protocol for the use of Taser in any pre-planned capacity. The only exception would be if there was an incident that required immediate action and it will be the decision of the officer carrying Taser to justify the necessity for its deployment.

Custody staff must consider potential secondary injuries as a result of TASER use, for example, head injuries following a fall.

All detainees who have been Tasered must be seen by a Forensic Medical Practitioner or a HCP as soon as practicable.

An information leaflet must be given to a detainee who has been subject to a Taser deployment.

 

1.51.   Searching Detainees

Refer to APP.

Refer to PACE for safeguarding of vulnerable persons and children with regards to strip-searches

The Dyfed-Powys Police Trans Inclusion Policy relates to the searching of Trans detainees in custody.

 

1.52. Property Removal and Storage

All property should be noted and signed for by the detainee. It is for the Custody staff to decide if certain items i.e., jewellery can remain with the detainee.

S54 PACE – powers to remove clothing to protect detainee.

 

1.53.   Replacement Clothing

Refer to APP.

Detainees should be able to remain clean and comfortable while in custody. Changes of clothing, especially underwear, should be facilitated as required. Staff must justify removal of clothing for safety or investigative purposes and record this in the risk assessment and custody record.

Staff should make the decision to remove such items after conducting a risk assessment. The Custody Officer must balance any risk with the need to treat detainees with dignity.

If a detainee is believed to be at risk of suicide or self-harm, seizing and exchanging clothing may not remove the risk but may increase the distress caused to the detainee and, therefore, increase the risk of them self-harming. Leaving a detainee in their own clothing can help to normalise their situation. Constant observation or observation within close proximity (level 3 or 4) may be a more appropriate control measure in these circumstances.

If a Custody staff member rationalises that a detainee should be placed in anti-harm clothing, it follows that the removal of all the detainee’s clothing, including underwear, is necessary.

Clothing may be taken from a detainee in the course of an investigation as evidence or for hygiene purposes. In all cases replacement clothing must be provided. No suit is totally safe, although some are more difficult to use in self-harm attempts than others. There will be continual risk assessments and once the Risk has lapsed the detainee should be given alternative clothing with the rationale documented on the custody record.

Paper suits are not considered to be appropriate replacement clothing and must not be used.

 

1.54. Cell searches post release of Detainee

Refer to APP.

Prior to the detainee leaving custody the detainee’s cell must be checked for signs of damage, ligature points, litter, and any property. Any damage must be reported immediately to the Custody staff, and the detainee dealt with accordingly.

Once the cell has been vacated it should be thoroughly cleaned in preparation for the next detainee. If there have been any Covid concerns, additional cleaning must take place prior to the cell being re-used.

2. Detainee Care

2.1.  Custody Records and Handovers in Custody

Refer to APP.

All handovers must be video, and audio recorded. Custody staff must visit all detainees and introduce themselves as soon as is practicable following handover. This will assist the Custody staff in reviewing the risk assessment, care plan and condition of the detainee. This visit must be recorded on the custody record.

 

2.2.  Whiteboards

If physical whiteboards/marker boards are to be used to assist custody staff, they must not be visible to other prisoners/members of the public.

 

2.3.  Monitoring, Observing and Engaging of Detainees

Refer to APP for observation requirements.

Custody staff must:

• Observe and supervise detainees.
• Be aware of the set observation levels and the reasons for setting the level
• Record all observations to include the detainee’s behaviour or condition.
• Advise the Custody staff of any changes in the behaviour/condition of the detainee.
  • Changes in behaviour must prompt a review of the risk assessment.
  • If someone other than the custody sergeant (i.e., a detention officer) sets a level of observation, the custody sergeant must review the level set and document their agreement with the observation level set.
  • The four levels of observations are set out in the APP.
  • Officers or staff carrying out constant observation or close proximity duties must receive a handover from the Custody Officer detailing the care plan, any risks, expectations of the role and actions to take in the event of an emergency, including how to call for assistance and operate ‘panic’ alarms.
  • Arrangements for breaks and staff welfare, including the use of toilet facilities by the officer or staff, must be agreed as part of the initial briefing.
  • Arrangements for the detainee to use the toilet facilities must be agreed as part of the initial briefing. The details of the handover and expectations must be recorded in the custody record/constant observation form which must be signed by both parties to confirm understanding. Officers and staff carrying out constant observations or close proximity observations must not be distracted by other tasks, colleagues, electronic devices or mobile phones.
  • Officers and staff should, where appropriate take an active role in communicating with the detainee to establish a rapport.
  • Officers and staff must be familiar with the custody suite emergency procedure and aware of equipment available.
  • Officers and staff must alert the Custody Officer immediately to any change in the detainee or any new risk. Ongoing activities regarding the detainee should be recorded in the custody record including any checks completed by the Custody Officer or Custody Staff.
  • During Level 4 proximity observations, custody staff must continue to visit the detainee at least hourly. This will allow for checks of the detainee and welfare checks on the observing officer. Visits by custody staff will be recorded in the custody record.

 

2.4.    Rousing

Refer to APP.

 

2.5.   Medication

Refer to APP.

Refer to PACE Code C (paragraph 9.5, 9.5a, 9.5b and 9c).

Medication must be stored in a secure locker and never on the front of a custody record. Medication dispensed by an HCP must be handed to custody staff in a bag marked for that detainee and the quantity and strength of the medication. This must be stored in a medication locker or detainee’s property locker, which should be clearly marked as to which cell that medication belongs to.

Medication which has been brought into custody by the detainee when they were detained, or which has subsequently been brought in by either police or a friend or family member must be sealed in the detainee’s property and logged along with other property. It must be logged with the name of the medication and whether it is boxed and labelled.

If the detainees own medication is to be dispensed it must be authorised by an HCP, then the property bag must be opened and the reasons why along with the new seal number documented on the custody record. All medication authorised in person by an HCP must be documented on the CRG medication form.

Medication which has been dispensed by an HCP and has not been used by the detainee must be disposed of in the box provided for this use in the medical room which will be collected by Reliance. The detainees own medication must be returned to the detainee in the same way as any other property.

 

2.6. Detainees Moved to Hospital

Refer to APP.

 

2.7.  Cell / Detainee Checks

Officers and staff undertaking visits or observations must:

Be appropriately briefed about the detainee’s situation including care plan, risk assessment and particular needs,

Take an active role in communicating with the detainee and establishing a rapport,

Be familiar with the custody unit emergency procedure and aware of equipment available,

Ensure that each check is recorded in the custody record and that relevant information is captured and applied as part of the ongoing risk assessment process,

Be in possession of a cell key and ligature cutter,

When cell checks and visits are carried out, it is not sufficient to only record ‘visit correct’ or ‘checked in order’ in the custody record, and more detail will be required. A check through the cell spyhole does not constitute an acceptable welfare check under any circumstances.

Checks are required even where the detainee is awake and has been engaging in conversation. If custody staff are unable to clearly see the face of a sleeping detainee because their view is obscured by a blanket, the blanket should be adjusted to allow an adequate welfare check.

Where a decision has been made to monitor the detainee’s welfare using continual CCTV cell observation, officers should record the reasons for taking this measure in the custody record along with the name of the person(s) responsible for the monitoring.

CCTV monitoring does not negate the need to make regular physical checks of the detainee and update the custody record accordingly. If it is decided that the detainee needs to be roused on each visit, officers must do so and record the detainee’s responses in the custody record. Accurate entries in the custody record are essential, including a record of who has conducted each check.

 

2.8.  Dirty Protests

Refer to APP.

 

2.9.  CCTV use in Custody

Refer to APP.

See 17, 3.18, 3.19, 3.20 and 3.21.

 

2.10. Out of cell / Exercise

Refer to APP.

DPP custody suites that have an exercise yard – each case will be reviewed on its own merits as to whether detainees may use the exercise yard. This will take into consideration staff availability, risk assessment of detainee up to that point, other detainees currently out of cell etc.

 

2.11. Reading Materials

Each custody suite should have a basic selection of suitable reading material including that for younger detainees and the most common spoken foreign languages.

 

2.12. Visits to Detainees

Refer to APP.

To lessen the impact of separation of mothers from young children, custody officers should prioritise supervised telephone contact around childcare issues and visits with children and their carers facilitated for longer detentions unless the nature of the alleged crime or the ongoing investigation prevents this.

 

2.13. Detainee Complaints

Refer to APP.

All complaints should be taken before the detainee leaves custody unless not appropriate and recorded in the correct manner.

Suitable signage will be visible in custody suites to explain the complaints procedure and how the detainee can make a complaint.

2.14.   Clothing, Bedding and Sanitary Items

Refer to APP.

Clean, suitable bedding and clothing as well as sanitary items should be readily available in all suites. Toilet paper should be provided in the cell as a matter of course unless the detainee is an extreme risk in which case toilet paper should be supplied on request. The toilet paper provided should be in sheet form as opposed to rolls which can be used to self-harm.

 

2.15. Food and Drink

No food or drink is allowed to be brought into custody by external sources even if they are supplied in closed containers or sealed packets. Only food or drink purchased by police officers or police staff may be brought in or consumed by detainees. Any deviation from this is a matter for the Custody Sergeant to justify and record on the custody log.

Detainees are not allowed to consume any item brought in by themselves when they are arrested. Adherence to the rules about no food or drink will ensure that no items are contaminated without knowledge. Cutlery should be custody specific for safety reasons and must be removed from the cell immediately after use to prevent them from being used to harm detainees or as weapons.

 

2.16. Smoking

There is a no smoking policy on all DPP property.

 

2.17. Diversion and Referral

Refer to APP for triggers and further guidance.

 

2.18. Alcohol and Drugs

Refer to APP for definitions on levels of intoxication.

Please note, there is no power to use breathalysers to establish levels of intoxication for non-road traffic act related matters, however it can be done with the consent of the detainee.

App refers to additional risks linked to alcohol and drugs.

 

2.19. Equality and Individual Needs

Access to female staff – App covers requirement to assign female member of staff to detained females and further guidance for the support and safeguarding of females in custody

 

2.20. Detainees with Caring Responsibilities

Refer to APP.

 

2.21.  Disabled Detainees

Refer to APP.

Consider Equality Act 2010.

 

2.22.   Specialist Support in Custody

Refer to PACE Code C para 3.

 

2.23.   Religious / Cultural Needs

Refer to APP.

Officers and staff must never assume a religion or belief, culture or nationality and should respect a person’s decision not to disclose a religion or belief.

Each custody suite should have access to suitable religious needs items such as prayer mats, compass, bible, etc. and these should be stored respectfully.

 

2.24. Foreign National Detainees

Refer to APP.

Ensure that the OIC conducts the relevant home nation checks on the detainee.

 

2.25.   Transvestite and Transsexual Detainees

Refer to APP.

Read the DPP Trans Inclusion Policy

See also Gender Recognition Act 2004.

 

2.26. Children and Young Persons

Refer to APP.

Refer to PACE.

Refer to Children Act 2004.

Although there is some variation in terminology when referring to those aged under 18 in a criminal justice context, for the purpose of consistency the term ‘children and young persons’ is used throughout this document. Historically, the term ‘juvenile’ as used in the Police and Criminal Evidence Act 1984 (PACE) has referred to a child under 17.

Section 42 of the Criminal Justice and Courts Act 2015 (CJCA) has extended the definition of ‘juvenile’ for the purposes of PACE, to include any child or young person who appears to be under the age of 18, establishing the same protections for all those aged under 18 and bringing the definition into line with that of the UN Convention on the Rights of the Child.

The age of criminal responsibility is 10, therefore any reference to a ‘child or young person’ being arrested for an offence, relates to someone aged 10 years or over.

Where possible, children and young persons should be placed away from other detainees, e.g., in detention rooms as opposed to usual cells.

 

2.27. Strip searching of Children and Young Persons

Refer to APP.

In relation to intimate searches and strip searches of children and young person’s see PACE Code C Annexe A. In summary, an appropriate adult must be present for any strip or intimate searches of a child or young person. A search may take place in the absence of an appropriate adult if the young person adult (???) signifies, in the presence of the appropriate adult, that they do not want the adult to be present during the search and the adult agrees.

 

2.28. Children and Young Persons held overnight

Every effort must be made to follow the guidelines within the Concordat for Children in Custody with regards to not holding young persons in custody overnight.

DPP Policy is that any youth held overnight, whether pre or post charge, are documented on the “Young Persons Detained Overnight Daily Report” form.

Such events are monitored by Custody Senior Management. Custody Officers must complete the relevant detention certificate, which must be attached to the case file.

 

2.29.  Youth Offending Team

Refer to APP.

For further guidance visit the DPPi2 homepage, click on “Guidance” and then search for “Youth Justice”.

 

2.30. Mental Ill Health and Learning Disabilities

Refer to APP, specifically Mental health, Mental health index and Mental Health Detention.

 

2.31.  Vulnerability Assessment

A Vulnerability assessment must form part of every decision to arrest by the officer arresting and be included in the initial custody risk and vulnerability assessment.

Computer based risk assessments and any supporting risk assessment questions must be completed in every case. Such risk assessments must take account of the appearance and behaviour of the detainee, any signs of illness or injury, their style and level of communication, collaborative information from all sources and the circumstances and environment in which they were found.

Custody records must document that a custody risk and vulnerability assessment has taken place.

Being unable to ask questions of a detainee to complete the risk assessment, due to violence for example, does not preclude full consideration of the facts that present with the detainee as part of a vulnerability assessment. Attempts to secure a risk assessment from the detainee should continue.

 

3. Mental Health Definitions and Terminology

3.1. Mental Ill Health

The term mental ill health is used broadly to refer to all those matters relating to mental health problems. These include mental disorders, mental illness, mental health needs and many of the issues that fall within the MHA 1983 definition of mental disorder and the Police and Criminal Evidence Act 1984 (PACE) Code C definition of mentally vulnerable.

It also covers people who are experiencing mental distress at the time they come into contact with the police, whether or not they have been formally diagnosed or have previously received mental health services.

If an officer or member of police staff has any suspicion, or is told in good faith, that a person of any age may be mentally disordered or otherwise mentally vulnerable, they should treat the person as such in the absence of clear evidence to dispel that suspicion.

 

3.2.  Mentally Vulnerable

The term mentally vulnerable applies to detainees who, because of their mental state or capacity, may not understand the meaning or importance of what is said to them (for example, in the form of questions) or of their replies.

A detainee may meet the definition of being mentally vulnerable under PACE Code C, and yet not be considered to be experiencing mental ill health by a health care professional. Under these circumstances, the detainee will still require the support mechanisms that they are entitled to under PACE, e.g., the use of an appropriate adult.

Paragraph 11.15 of PACE Code C refers to a person who is ‘mentally disordered or otherwise mentally vulnerable’. Under paragraph 11.15 of PACE Code C, a person who is mentally disordered or otherwise mentally vulnerable must not be interviewed regarding their involvement or suspected involvement in a criminal offence or offences, or asked to provide a written statement under caution in the absence of an appropriate adult. There are exceptions to this, however, and these are set out in paragraphs 11.1 and 11.18 to 11.20.

 

3.3. Learning Disability

Section 1(4) MHA defines a learning disability as ‘a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning’.

A learning disability may be mild, moderate, or severe and affects the way a person learns and communicates. It may result in a reduced ability to learn new skills, adapt to and cope with everyday demands, understand complex information or, in some cases, to live independently. Those with mild learning disabilities may not receive any formal support and their needs and disability may not be obvious. They may not have had their disability identified before contact with the police. Other people have profound and multiple learning disabilities, and their needs may be considerable.

Some people may have physical characteristics that may help identify a learning disability, e.g., people with Down’s syndrome (which is classed as a learning disability).

 

3.4.  Learning Difficulties and Neuro-disabilities

Learning difficulties and neuro-disabilities encompass a range of conditions and may be caused by a wide range of factors that compromise brain function. Conditions include:

• intellectual disabilities
• specific learning difficulties
• communication disorder
• attention deficit hyperactivity disorder
• autism spectrum disorders
• traumatic brain injury
• epilepsy
• Brain function may be compromised by genetic factors, pregnancy-related complications including foetal alcohol and drug syndromes, birth trauma, acute injury, and illness. Neuro-disabilities can result in problems with memory and concentration, decreased awareness of an individual’s emotional state, poor impulse control, and poor social judgement. These and associated problems may make it more difficult for affected individuals to engage effectively in their judicial proceedings or to benefit from traditional forms of rehabilitation. 
  • Common symptoms include:
• communication difficulties
• cognitive delays
• specific learning difficulties
• emotional and behavioural problems
• a lack of inhibition regarding inappropriate behaviour
• muscle weakness.

 

3.5.       Autism

The National Autistic Society (NAS) describe autism as a lifelong, developmental disability that affects how a person communicates with and relates to other people, and how they experience the world around them. More information is available via their website.

A guide for police officers and professionals is also available on their website.

 

3.6. A Place of Safety

See Mental Health Act 1983 Section 135(6).

Section 135(6) MHA 1983 defines a place of safety as:

Residential accommodation provided by a local social services authority under Part I of the Care Act 2014 or Part IV of the Social Services and Well-being (Wales) Act 2014

• a hospital (as defined by this act)
• a police station (no longer applicable for those under 18) Policing and Crime Act 2017
• an independent hospital or care home for people who are mentally disordered
• any other suitable place, the occupier of which is willing temporarily to receive the patient.
  • Police cells are NOT suitable places to detain people thought to have mental health problems and should only be used in exceptional circumstances. A person’s condition may be exacerbated by being held in this environment.
  • Transport to hospital under S136 MUST be in an ambulance as per the MHA codes of practice.

 

3.7.  Use of Force, Restraint & Handcuffing of S136 detained Patients

See schedule 2 PACE.

Consider National Decision Model when using force on a S136 patient.

 

3.8.  Assessment

The detained person’s agreement to an assessment should always be sought where possible and they should be taken to a place of safety to be assessed for any unmet medical or social care needs.

MHA 1983 assessments for admission to hospital must be carried out by an AMHP and either one or two doctors (registered medical practitioners). One of the doctors must be approved by the secretary of state under section 12 MHA 1983 as having special experience in diagnosing or treating mental disorders.

Following clinical assessment, detention under section 136 MHA 1983 will cease to have effect in one of two ways: The doctor will confirm that the person is not suffering from a mental disorder.

or

The AMHP will make and complete the necessary arrangements for that person’s treatment or care.

• No mental disorder: If, following clinical assessment, the registered medical practitioner concludes that the individual is not mentally disordered under the terms of MHA 1983, the detainee may no longer be detained under this section and is to be immediately discharged from detention. (See MHA 1983 Code of Practice (England) or MHA 1983 Code of Practice (Wales) for additional detail on making any necessary arrangements for onward treatment and care.)
• Mental disorder suspected: If, however it is decided that the individual should be subject to detention under section 2, section 3 and section 4 MHA 1983, then section 6 MHA 1983 provides a power for an applicant (usually the AMHP) to take that individual to hospital once the application is completed.
• Disagreement: It is possible for a detainee in police custody to be considered mentally disordered or otherwise mentally vulnerable (using the PACE Code C (Paragraph 1.4) definition) and yet, following clinical assessment, they may not be considered mentally ill and in need of further detention, treatment or care under MHA 1983. (An example of this might be somebody who is feeling suicidal but is not otherwise mentally unwell.)

 

3.9.  Approved Mental Health Professionals

The provision of Mental Health Professionals in DPP custody differs based on the staffing provided by local authorities and NHS Primary Care Trusts.

If a detainee is suspected of having mental ill health and is brought in out of hours, arrangements should be made for that detainee to see an HCP or for urgent information contact should be made with the emergency duty team.

 

3.10. Interview & Appropriate Adults for those suffering with mental ill-health

See 7.

Where the Custody Officer has any doubt about the mental state or capacity of a person detained, they should treat the person as mentally vulnerable and call an appropriate adult. This duty remains even if a health care professional’s view is that an individual does not meet the formal definition of experiencing a mental disorder.

 

3.11. Custody Exit and Aftercare Strategies

Refer to APP.

 

3.12.   Onward Travel of Stranded Persons Released from Custody

Persons released from custody should, when possible, arrange for their own onward transport either by arranging transportation (off use of custody phones) or by paying for their transport with money brought into custody with them. Failing this, the Ask Police advice should be followed as below:

If you go to a police station then they may be able to help you, depending on whether they offer this service. If they do, a friend or family member must deposit some money at their nearest police station. When this has been done, that police station will contact the police station you are at, and they will release the same amount of money to you.

An alternative solution would be to use a public phone to make a reverse charge call to friends or family who can help you get home. For example, they could get a taxi to come and collect you and pay for it when you arrive, or they could find a taxi/hotel company that will accept card payment over the phone. Alternatively, there are a number of money transfer services available throughout the UK.

If this is also unsuccessful, an Inspectors authorisation must be gained in order to release funds from petty cash if available.

If all other options have been explored, transportation can be arranged from officers with consideration for safety of that officer transporting the detainee.

 

3.13.  Deaths In Custody

Refer to APP - this covers the 5 categories which define a death in custody or a death following police contact.

 

3.14.  Steps that should be taken following an intervention/incident

A custody incident report must be completed for each successful intervention and/or adverse incident.

The terms ‘successful intervention’ and/or ‘adverse incident’ means any incident which, if allowed to continue to its ultimate conclusion, would have resulted in death or serious injury to any person.

DPP Custody have a full Death in Custody / Adverse Incident Process.

Custody Officers and Custody Staff must familiarise themselves with the location of the red incident boxes / bags.

The securing of any evidence rests with the police until such time as the IOPC takes over the investigation.

Refer to APP for initial and detailed accounts by officers and staff following an incident.

PIP procedures to be implemented.

 

3.15.   Buildings and Facilities

Refer to APP

 

3.16.   Health and Safety

Refer to Fire safety procedures for specific custody suites.

DPP Health and Safety Policy

 

3.17. CCTV

Refer to APP.

CCTV in DPP Custody is used primarily to monitor the welfare of detainees but may also be used for the prevention and detection of crime and monitoring and quality assuring staff performance.

Forces should use cells with CCTV for the safety and welfare of all detainees and not only those who pose specific risks.

The requirements of continual observation cannot be replicated by relying on the existence of CCTV.

Where a decision has been made to monitor the welfare of the detainee using continual CCTV cell observation, officers must record the purpose of this control in the custody record along with the name of the person(s) responsible for the monitoring.

The decision to use continual CCTV cell monitoring must be based on risk assessment rather than resourcing levels. The officer or member of staff appointed to monitor detainees continuously via CCTV must not be expected to view more than four cells simultaneously on a split screen display, or to carry out additional duties that may distract them from continuously viewing the CCTV.

CCTV must not replace visits to detainees, other physical checks for wellbeing or the need for close proximity observations for detainees assessed as high risk. Cells Equipped with CCTV

 

3.18. CCTV and Custody Records

Detainees, legal representatives, and appropriate adults have rights of access to custody records. As audio and video recordings do not form part of the custody record, routine inspection of such recordings by detainees, legal representatives and appropriate adults is not permitted – see PACE Code C paragraph 2.1. People whose images are recorded on custody CCTV systems are, however, entitled under data protection legislation to request access to the CCTV recordings via a subject access request. Subject access requests are also covered in section 5.2.3 of the Information Commissioner’s Office CCTV code of practice. Officers must process each request on a case-by-case basis and refer each request to the force data protection officer. Except in very limited circumstances, police forces are obliged to comply with such requests.

It may be necessary to edit the footage to conceal faces and/or remove sound which could identify other detainees whose right to privacy must also be respected. Disclosure of personal information without the consent of those other detainees may constitute an offence under the DPA. The information could, however, be legally disclosed under section 7(4) of the Act without consent where it is reasonable in all the circumstances to comply with the request without the consent of the other detainees.

 

3.19. CCTV and Disclosure

Forces must process requests for disclosure of CCTV material in accordance with the requirements of the Criminal Procedure and Investigations Act 1996 and its related codes of practice. Retention periods for images seized under these circumstances are the same as for all unused material.

 

3.20.   CCTV Retention

CCTV may be retained for a period of 31 days.

 

3.21. CCTV and Independent Custody Visitors (ICVs)

Independent custody visitors (ICVs) should only be allowed access to view CCTV for the purposes of testing the equipment. The role of an ICV is fundamentally interactive with both detainees and police staff and cannot be discharged remotely by viewing CCTV pictures or recorded footage. There may also be issues about infringing the privacy of detainees who have not consented to ICVs observing them using CCTV. Where specific incidents or circumstances that have been raised as issues have been captured on CCTV, ICVs might reasonably be allowed access if both the police and the detainees concerned have given their consent.

Recommendation 7 of the IOPCC study on deaths in or following police custody states that ICVs should check that CCTV is operational when carrying out their custody visits. Visitors should be able to ask the Custody Officer if the CCTV is working and be given a demonstration if necessary.

 

3.22. Body Worn Video (BWV) and Custody

Generally speaking, DPP Policy is that once officers arrive at custody, their BWV will make way for custody CCTV. However, a recent amendment to this will allow officers to utilise their BWV for the purpose of blood procedures in the medical room to there being no CCTV within this room.

The custody staff should log this on the log of the detainee. The OIC should then ask implicit consent from the DP to utilise the BWV, explaining the benefits to the DP. The BWV must not be activated for the initial health assessment/medical history of the DP by the HCP/FME. Once this has been completed the officer may start a visual and audio recording. It is vital however that the BWV is turned OFF for the actual act of the needle going in, and the blood being drawn. Once this is done the officer may record the remainder of the procedure.

BWV for bloods procedure flowchart.

CODE OF ETHICS CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Code of Ethics and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Code and the principles underpinning it.

HUMAN RIGHTS ACT CERTIFICATE OF COMPLIANCE

This policy has been drafted in accordance with the Human Rights Act and has been reviewed on the basis of its content and the supporting evidence and it is deemed compliant with that Act and the principles underpinning it.

EQUALITY IMPACT ASSESSMENT

Section 4 of the Equality Act 2010 sets out the protected characteristics that qualify for protection under the Act as follows: Age; Disability; Gender Reassignment; Marriage and Civil Partnership; Pregnancy and Maternity; Race; Religion or Belief; Sex; Sexual Orientation.

The public sector equality duty places a proactive legal requirement on public bodies to have regard, in the exercise of their functions, to the need to:

• eliminate discrimination, harassment, victimisation, and any other conduct that is unlawful under the Act;
• advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it;
• foster good relations between persons who share a relevant protected characteristic and persons who do not share it.

The equality duty applies to all protected characteristics with the exception of Marriage and Civil Partnership, to which only the duty to have regard to the need to eliminate discrimination applies.

Carrying out an equality impact assessment involves systematically assessing the likely or actual effects of policies on people in respect of all the protected characteristics set out above. An equality impact assessment should be carried out on any policy that is relevant to the public sector equality duty. 

EQUALITY IMPACT ASSESSMENT COMPLETED: January 2024