bch018/001 custody operating procedures€¦ · bch custody standard operating procedure version...

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BCH Custody Standard Operating Procedure Version 1.2

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BCH018/001 Custody Operating Procedures

Procedure Status Live 13th March 2017

Owning Department Criminal Justice & Custody

Procedure Author BCH Change Team

Last Review 16th November 2017

Next Full Review Due 16th April 2018

Procedure Objective To provide links to national guidance, reference to local policy and details of local procedures.

Approved By: Det. Chief Supt. Briant Date: 16

th November 2017

Version Number: 1.2

Custody

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Document History

Author Version Reason for Change Approved by Date

BCH Change Team 1.0 D/Ch.Supt. Briant 7/3/17

BCH Change Team 1.1 Street Bail Removed D/Ch.Supt. Briant 25/4/17

BCH Policy & Performance 1.2 Reviewed and updated: 2 – Updated referral agency details Page 23 – Updated details for Appropriate Adults (Adults only) Page 25 – Updated ICV Scheme contact details Page 31 – Updated Custody capacity protocols Page 42 – Amended PRRA policy relating to transferring detainees to external agencies Page 75 – Updated changes to S136 MHA 1983 brought about by Policing and Crime Act 2017. Updated changes to local S136 suite locations

D/Ch.Supt. Briant 11/12/17

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Document History 2

Introduction 14

How to use this document. 14

Document Glossary 15

Custody Management & Planning 16

Legal Framework 16

Principles of Safer Detention – 16

Information Sharing in Custody - 16

Senior Management Considerations - 16

Developing and Maintaining BCH Custody Suites 17

Quality Assurance Processes 18

Health & Safety - 18

Fire Evacuation Procedures 18

Designation of a Police Station - 19

BCH DESIGNATED POLICE STATIONS 19

Human Resources and Training - 20

Minimum Staffing Levels 20

Custody Officer – 20

Staff Responsibilities – 20

Other Custody Resources 21

Referral Agencies and Mental Health Contacts. 22

Interpreters 22

Appropriate Adults 23

Appropriate Adults (Youths and Juveniles) 23

Appropriate Adults (Adult Provision) 23

Healthcare Models – 24

Healthcare Professionals – 24

Contractual Arrangements for Contract Staff - 24

Service Standards - 25

Independent Custody Visitors- 25

http://www.app.college.police.uk/detention-and-custody-index/













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Training & Learning – 25

Refresher Training - 26

Personal Safety Training - 26

Equality Act 2010 - 26

First-Aid Training - 26

Contingency Planning - 26

Evacuation - 27

Fire Evacuation Plans 27

Response, Arrest & Detention 27

Response - 27

Vulnerability- 27

Vulnerability Assessment Framework - 27

Initial Response Risk Assessment – 29

Police Approach & Decision Making 29

Conflict Management – 29

Lawful Arrest- 29

De-Arrest- 29

Hospital- 29

Street Bail- 30

Alcohol Treatment Centres - 30

Arrival at the Station - 30

Supplementary Risk Assessment Questions (Appendix 1) 30

Violent Detainees - 30

Vulnerable Detainees - 30

Booking into Custody 31

Placement of Detainees - 31

Custody Capacity - 31

Custody capacity protocols across BCH 31



















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Custody Minimum Staff Numbers 32

When a Detainee Cannot be Detained - 32

Necessity to Detain – 32

Multi Occupancy - 32

Joint Risk Assessment- 32

Detention Not Authorised - 32

Fitness for Detention – 32

Rights & Entitlements - 34

Persons Attending a Police Station Voluntarily Who are Not Arrested - 34

Exemptions for the Debriefing of Offenders Assisting Investigations and Prosecutions under the

Serious Organised Crime & Police Act 2005 - 34

The Custody Record – 34

Fit To Be Interviewed - 34

Considerations for Decision Making (Urgent Interviews) - 34

Pre Charge Bail Management - 34

Moving & Transporting Detainees 35

Supervision and Escort - 35

Designated Escort Officers - 35

Prisoner Escort & Custody Services - 35

Safe Movement of Detainees - 35

Checklist: Risk Assessment for Restraint & Escort – 35

Transfer of High Risk Detainees – 35

Medical Emergencies during Transport - 36

Transfer of the PER Form - 36

Control Measures for Detainees in Transit - 36

Fleet Management - 36

Inspection of Vehicles - 36

Risk Assessment 37

Assessment & Monitoring - 37

Content of Risk Assessments - 37

















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Responsibility for Risk Management - 37

Checklist: Assessing Detainees - 38

Information Sources - 38

Care plans 39

PER Form Requirements - 39

A person escort record form (PER form) is used to ensure that all staff transporting and receiving detainees are provided with all the information they need. This includes details of any risks or vulnerabilities that the detainee may present. 39

Forces must ensure that Custody Officers are trained and competent in completing the PER form. 40

Forces should establish procedures to audit and assess completed forms. 40

Managing an At Risk Detainee from a Prison / Young Offender Institution - 40

Condition of the Detainee - 40

Vulnerable Detainees - 40

"Do not Resuscitate" Orders & "Do not Attempt Resuscitation" Orders - 40

Detainees Requiring Urgent Medical Attention - 40

Symptoms or Behaviours – 40

Risk of Suicide and Self-Harm - 40

Potentially Violent Individuals - 40

Acute Behavioural Disturbance – 40

Excited Delirium - 41

Pre-Existing Medical Conditions - 41

Claustrophobia - 41

Head Injuries - 41

Infectious and Communicable Diseases - 41

Common communicable diseases - 41

Release from Custody - 42

Pre-Release Risk Assessment 42

Risk of Self Harm or Suicide after Release – 44

Transfer of Detention - 44

Checklist: Transfer of Detention - 44

















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Control, Restraint & Searches 45

Principles of Using Force in Custody - 45

Information - 45

Applying the National Decision Model - 45

Assessment - 45

Warning Signs for Physical Violence - 46

Identify Options & Contingencies - 46

The Prone Position & Positional Asphyxia - 46

Principal Risk Factors that can Contribute to Death during Restraint - 46

Powers & Policy - 46

Action - 46

Recording Use of Force - 47

Restraint after Arrival in the Custody Suite - 47

Injury or Other Effects Caused by Restraint - 47

Monitoring in Custody - 47

Cell Relocation - 47

Supervising Cell Relocation - 47

Pre-Planned Cell Relocation - 47

Use of Taser – 47

Medical Assessment - 47

Monitoring after Taser Discharge - 48

Searching Detainees - 48

Property Removal & Storage - 48

Withholding Articles - 48

Replacement Clothing - 49

Search of a Police Vehicle - 50

Cell Searches - 50

Periodic Custody Unit Checks - 50

Defective Cell - 50




















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Detainee Care 51

Management & Supervision - 51

Supervision by an Inspector – 51

Maintaining Custody Records - 51

Handover Procedures - 51

Multiple Custody Officers on Duty – 51

Use of Whiteboards and Wipe Boards - 51

Monitoring, Observing & Engaging - 52

Observation - 52

Levels of Observations - 52

Checking of Visits and Rousing - 54

Written Record - 54

Signs Indicating Increased Risk - 54

Medication - 54

Managing Medication - 54

Quantities of Medication - 54

Detainee Retention of Medication - 55

Unused Medication - 55

Responsibility for Medication in Custody - 55

Medical Documentation - 55

Medical Emergencies - 55

Appropriate Care - 55

Case Notes - 55

Supervision & Security in Hospitals - 55

Detainee / Cell Checks 56

Misuse of the Cell Call System - 56


























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Rousing - 57

Checklist: Rousing Procedure - 57

Dirty Protests - 58

Using technology - 58

Out of Cell 58

Exercise – 58

Reading Materials - 58

Visits to Detainees - 58

Interview - 58

Detainee Complaints - 59

Increased Risk of Self Harm Post Interview - 59

Detainee Risk Assessment Whilst Outside Custody - 59

Welfare & Safety 59

Clothing - 59

Bedding - 59

Toilet & Sanitary Facilities - 59

Food & Drink - 59

Food Provided by External Sources - 60

Choking - 60

Cutlery & Crockery - 60

Smoking - 60

E-Cigarettes (vaping) - 60

Diversion & Referral 60

Triggers for Referral - 60

Benefits of Diversion - 61

Care Pathways out of Custody – 61
























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Alcohol & Drugs 61

Alcohol - 61

Drunk & Incapable - 61

Under the Influence of Drugs or Alcohol - 61

Initial Care (By Custody Officers and Staff) - 62

Having Consumed Alcohol but not (or no longer) Under the Influence - 62

Additional Risks Associated with Alcohol - 62

Additional Risks Associated with Drugs - 62

Swallowed or Packed Drugs Packages - 62

Rousing & Consciousness (Alcohol & Drugs) - 62

Sudden Collapse - 62

Rehabilitative Diversion - 63

Equality & Individual Needs 63

Risk Factors - 63

Female Detainees - 63

Access to Female Staff - 63

Domestic Violence & Abuse - 63

Detainees with Caring Responsibilities - 63

Calls to Custody from Family or Dependants - 63

Information from Family Members or Dependants - 63

Offences that Involve other Family Members or Dependants - 64

Disabled Detainees 64

Assistance Dogs in Custody - 64

Specialist Support in Custody - 64

Religious & Cultural Needs - 64

Additional Provisions in Custody - 64

























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Foreign National Detainees - 64

Rights & Entitlements for Foreign Detainees - 65

Circumstances Where Notification is not Appropriate - 65

Essential Written Documents- Annex M - 65

Human Trafficking, Extortion & Smuggling - 65

Clandestine Entry & UKBA Detainees - 65

Transvestite & Transsexual Detainees - 65

Respect & Consideration - 65

Gender Recognition Act 2004 - 65

Children & Young Persons 66

Children & Young Persons - 66

Arrest & Detention of Children & Young Persons - 66

Assessing Vulnerability & Risk - 66

Factors Which Increase Risks to the Safety & Wellbeing of Children & Young Persons - 66

Risk to Others - 66

Rights of Children & Young Persons in Police Custody - 67

Detention Rooms & Cells - 67

Searches of Children & Young Persons - 67

Sharing Information & Duty to Cooperate - 67

Responsibilities of the Police - 67

Youth Offending Teams - 67

Local Safeguarding Children Boards - 67

Girls - 68

Under the Care of a Woman - 68

Transportation of Children & Young People - 68

APPROPRIATE ADULTS - 68
























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When should an appropriate adult be contacted? - 68

Providing appropriate adult support for children & young people with mental ill health or learning

disabilities - 68

Who can be an Appropriate Adult? - 68

Points to consider when appointing an Appropriate Adult - 69

Alternative Arrangements when a Parent or Guardian cannot act as the Appropriate Adult 69

PACE Transfers - 69

Mental Ill Health & Learning Disabilities - 70

Vulnerability Assessment - 70

VULNERABILITY ASSESSMENT FRAMEWORK 71

Mental Health Definitions and Terminology 72

Mental ill health 72

Mentally vulnerable 72

Learning disability 72

Learning difficulties and neuro-disabilities 73

Autism 73

Mental Health Act Detainees 74

A Place of Safety - 74

Use of Force, Restraint & Handcuffing - 75

Assessment - 75

The outcome of the assessment - 75

Options when there is no legal authority to hold a vulnerable detainee that

requires further support 76

Communication - 76

Approved Mental Health Professionals 76

Interview & Appropriate Adults - 76

Role of an Appropriate Adult - 77







http://www.app.college.police.uk/mental-health-index-2/











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Custody Exit & Aftercare Strategies - 77

Officers should be guided by Risk of self-harm and suicide after release within Detention and Custody APP. 77

Deaths in Custody & Successful Interventions 78

Deaths in Custody & Successful Interventions/Adverse Incidents - 78

Steps that should be taken following an intervention / incident - 78

Investigation of a Death or Serious Injury in Custody - 78

Corporate Manslaughter & Corporate Homicide Act 2007 - 78

Securing Evidence - 78

Effects of Witnessing a Traumatic Incident - 78

Learning the Lessons – 79

Buildings & Facilities 80

Design & Maintenance of a Custody Suite- 80

Health & Safety - 80

Custody Suites at Non-Designated Stations – 80

Inspection & Maintenance Regime - 81

CCTV - 81

Use & Monitoring of CCTV- 81

Continual CCTV Cell Monitoring - 81

Wellbeing Checks - 82

The Custody Record - 82

Disclosure - Criminal Procedure & Investigations Act 1996 - 82

Independent Custody Visitors - 82

Audio Recording - 82

APPENDIX 1 83





















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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. 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 Bedfordshire, Cambridgeshire and Hertfordshire custody (BCH) 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 each respective force intranet and where applicable to new BCH Custody website. If readers are unable to locate a specific policy enquiries should be made with the BCH Custody Policy and Performance Unit. Subsequent versions and amendments to the COP will be published by the BCH Custody Implementation Team and the BCH Custody Policy and Performance Unit. PACE and the APP are the primary sources of guidance for Detention & Custody and should be referred to in the first instance. The Police Visual Handbook (PVH) and Police National Legal Database (PNLD) may also be used as a point of reference.

How to use this document. This COP is written in the same order as the index of the APP. Where there is no local policy or the APP does not need any further local information then staff will be directed to and should follow guidance as it appears in the APP. APP subject headings are in bold red text, sub headings are in standard red text. A brief summary of the APP contents has been included beneath the red subject headers where required. Staff should always visit the full APP site for the full text and the most up to date guidance.

Text in a red box below a red header is used to emphasize particular elements of the APP.

Text in a blue box below a red header is used to emphasize particular elements of local policy, procedure or expectation.

College of Policing Logo Hyperlinks to the APP home index page which includes a search option.

College of Policing Logo with a red border Hyperlinks to the APP Mental Health index page which includes a search option. Local policy, procedure or expectations headers are in black text.

Text in a blue box below a black header is used to emphasise a particular element of the APP or draw attention to a local policy, procedure or expectation.



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Document Glossary

ABD Acute behavioural disorder

ACRO ACRO Criminal Records Office

AMHP Approved mental health professional

APP College of Policing Authorised Professional Practice.

BCH Bedfordshire Police, Cambridgeshire Constabulary, Hertfordshire Constabulary.

CCTV Closed circuit television

CIS Custody Computer used by Hertfordshire

CJD Criminal Justice Department

COP Custody Operating Procedure

COP College of Policing

CPR Cardiopulmonary resuscitation

DNR Do not resuscitate order

DSCC Duty Solicitor Call Centre

ECHR European Court of Human Rights

EDT Emergency Duty Team

FDM Force Duty Manager (Cambs)

FFLM Faculty of forensic and legal medicine

FME Force Medical Examiner

G4S G4S Medical Services

GP General Medical Practitioner

H&S Health and Safety

HCP Health Care Professional

HMICFRS Her Majesty’s Inspectorate of Constabularies & Fire and Rescue Service

ICV Independent Custody Visitor

IPCC Independent Police Complaints Commission

LADS Liaison and Diversion Scheme

MHA Mental Health Act

NAS National Autistic Society

NDM National decision model

NHS National Health Service

NSPIS Custody Computer used by Bedfordshire and Cambridgeshire,

OIC Officer in the case

PACE Police and Criminal Evidence Act 1984

PECS Prisoner Escort and Custody Services (Contract)

PER Person Escort Record

PNC Police National Computer

PND Police National Database

PRRA Pre-release risk assessment

SERCO SERCO – Private contractor

TCI Temporary Chief Inspector

UKBA/(F) United Kingdom Border Agency (Force)

VAF Vulnerability Assessment Framework

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Custody Management & Planning

Legal Framework

APP covers that PACE and associated Codes set out legislation and standards for dealing with people who come into contact with the police. Forces are required to pay due regard to the APP and the following publications:

HM Inspectorate of Prisons and HM Inspectorate of Constabulary Expectations for Police Custody

Independent Police Complaints Commission (IPCC) Learning the Lessons Bulletins

Principles of Safer Detention –

APP sets out the key principles for safer detention covering: Strategic Focus Appropriate detention and detention treatment and rights Medical and Social Care of detainees Use of force Training of Custody Officers, Staff and healthcare professionals Custody Unit cleanliness / safety Recording of use of force Governance for contracted and commissioned staff

Information Sharing in Custody -

APP covers expectations regarding information sharing between police and partners to assist in the care and treatment of detainees.

Senior Management Considerations -

APP covers the Chief Officer level strategic focus of policies and management arrangements.

There is a BCH Custody Policy and Performance team that are responsible for a number of centralised functions, including: Oversight and development of policies, procedures and performance Oversight of quality assurance processes Oversight of near miss data BCH custody refresher training Management of custody accreditation process

http://www.justiceinspectorates.gov.uk/hmic/media/expectations-for-police-custody-20100120.pdf

http://www.justiceinspectorates.gov.uk/hmic/media/expectations-for-police-custody-20100120.pdf

http://www.ipcc.gov.uk/reports/learning-the-lessons/learning-lessons





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APP covers Independent Custody Visitors, Police and Crime Commissioner and the use of force data capture.

Developing and Maintaining BCH Custody Suites

The Custody check procedures and fault reporting processes are under review (November 16). Until a standardised BCH fault reporting process has been agreed, forces will continue to monitor and manage faults in line with respective force policy. Custody checks should be conducted in accordance with the APP which specifies an inspection and maintenance regime. Currently, checks and maintenance regimes exist which should be completed and documented in accordance with local force policy and Health and Safety guidelines. Currently Beds record health checks on in-house forms, Cambs record health checks on One Note, Herts use health check form 414. In the event of any faults or items missing from the health check, the custody fault should be reported and brought to the attention of Custody Inspector responsible for that unit. If the identified issue is an urgent issue and no Custody Inspector is available, then the Duty Inspector must be advised. There is a requirement for regular inspections by H&S Advisors in company with Staff Associations representatives and a custody Inspector. In the event of a planned closure, a separate operational order will be created.

Current cell checking and fault reporting procedures for BCH are:

Bedfordshire Cambridgeshire Hertfordshire

Custody unit checks are completed daily and recorded on an electronic form. Forms are sent to Estates and the relevant custody Inspector. Faults are monitored by the Inspector. Faults are also recorded on laminated wall chart for the information of staff.

Cell searches conducted at least three times daily by Detention Officers. Results are recorded on One Note. Any faults are recorded and reported electronically. The progress of repairs are monitored by local custody Inspector. Quarterly checks are conducted with estates and facilities.

Full Cell and unit checks are completed weekly on a Monday. Cells are checked after every detainee leaves and these checks are recorded on the cell whiteboard. Faults are recorded electronically on a form to estates.

Each Custody Suite across BCH is managed by an Inspector who is responsible for the maintenance and safety of that suite.

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Quality Assurance Processes Audits of custody records are conducted by Custody Inspectors on a monthly basis and recorded on the BCH Custody Quality Assurance system. 5% of all custody records are Quality Assured each month.


The Inspectors Quality Assure 25 records each per month. This equates to 50 records per month between 2 Inspectors.



Health & Safety -

APP covers the duty under the Health and Safety at Work Act that employers must: Provide and maintain a safe place of work and equipment Provide competent employees Establish and enforcing a safe system of work

Fire Evacuation Procedures

All staff, who work primarily in custody, must make themselves aware of the fire evacuation procedures for each custody unit they work at. Fire Evacuation procedures exist for each custody suite. They are reviewed by the Health & Safety team for BCH. 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.


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Designation of a Police Station -

APP covers the designation of suitable custody units under section 35 PACE.

BCH DESIGNATED POLICE STATIONS

Station Telephone Postal address/Email

Kempston 01234 858131

Police HQ, Woburn Rd, Kempston, Beds MK43 9AX [email protected]

Luton 01582 394198

Luton Police Station, Buxton Rd, Luton, Beds LU1 1SD [email protected]

Hatfield 01992 533333

Hatfield Police Station, Comet Way, Hatfield, Herts AL10 9SJ [email protected]

Stevenage 01992 533333

Stevenage Police Station, Lytton Way, Stevenage, Herts SG1 1HF [email protected]

Cambridge 01223 823280

Parkside Police Station, Cambridge, Cambs CB1 1JG [email protected]

Peterborough 01733 424129

Thorpewood Police Station, Longthorne, Peterborough, Cambs PE3 6SD [email protected]

The following Custody Suites are still designated and may be used as back-up, however, this will be subject to a separate operational order. The standards and procedures within the APP and this COP will be applied.

Station Telephone Postal Address

Dunstable 01582 471212 West Street, Dunstable Beds LU6 1SJ

St Neots 01480 456111 Dove house close, St Neots Cambs PE19 1DJ

Huntingdon 01480 415541 Ferrars Road, Huntingdon Cambs PE29 3DQ

March 01354 606449 Burrow Moor road, Huntingdon Cambs PE15 9RB

mailto:[email protected]







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Human Resources and Training -

APP covers the requirement for appropriate staff training. APP gives examples of considerations when defining staff resource levels and composition.

Minimum Staffing Levels

Sergeants Detention Officers

Luton 2 3

Kempston 2 2

Peterborough 2 3

Cambridge 2 1

Hatfield 2 4

Stevenage 2 3

Specific role profiles exist for: Chief Superintendent Head of Custody and Criminal Justice Superintendent Deputy Head of Custody and Criminal Justice Chief Inspector Head of Custody (By Area) Policy and Performance Inspector Policy and Performance Sergeant Custody Inspector Custody Officer Detention Officer These can be requested from Human Resources.

Custody Officer – APP covers appointment of Custody Officers under section 36 PACE. APP covers the personal responsibilities of Custody Officers regarding the operations of the custody unit and the delegation of tasks to suitable staff.

Staff Responsibilities – APP covers the requirement for organisational custody management structure. Details requirements for relevant training and understanding of roles and responsibilities. APP specifies the requirement under section 3 Health and Safety at Work Act 1974 for Chief Officers to ensure detainees have access to healthcare in custody that must be provided in a timely manner.




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Other Custody Resources

Healthcare - All healthcare provisions in BCH Custody are provided by G4S medical. Tel: 0800 9534122 Agreed levels of service exist between G4S Medical and the Police which include specific response times based on the type of service requested. Responses not met within the agreed times are deemed a ‘critical incident’ by G4S medical and staff must email details of any failure to [email protected] and the custody Chief Inspector for the relevant force.

Grade Type Service / Incident Description Response Time

1

Forensic Examination Drink Drive/Drug/Blood/Impairment 60 Minutes

Fitness for detention (For head injury, bleeding, Sever Pain, drug withdrawal, history of fitting/diabetes/epilepsy/TASER injury/CS Spray/Alcohol issues)

60 Minutes

Forensic Examination: intimate search 60 minutes

Mental Health Screening (Not a formal assessment.) 60 minutes

2

Suspicious/Sudden Death 90 minutes

Injury/Therapeutic Assessment Treatment (Including Officer) 90 Minutes

Forensic Examination: Non intimate samples 90 minutes

Fitness for detention or interview (Other) 90 minutes

Attendance on detainee Request/complaint 90 minutes

2 Administration or Verification of Medication – Not urgent 90 minutes

3 Non time-critical evidential issues and Second Visits 120 minutes

4 Telephone advice only 10 minutes

4 Formal report/statement on examination and HCP witness Statement if requested at the time of examination.

7 working days

4 Formal report/statement on examination and HCP witness statement if requested on a date after the examination

14 working days

Legal Advice - All requests for legal advice whether they be for the duty or a named solicitor go through the Duty Solicitor Call Centre (DSCC). Custody staff must call this number to arrange for legal advice for detainees over the phone or in person. Reference numbers supplied by DSCC must be recorded on the custody record. Tel: 08457 500640 Referral Scheme Workers - Locally agreed arrangements exist to cover this section of the COP.


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Referral Agencies and Mental Health Contacts.

Force Service Service provider Contact

Beds Mental Health

NHS Gail Dearing Rowena Grace AMPH Mgr’s

Bedford 01234 315706 Luton 01582 700358 EDT 01525 405109

Liaison & Diversion

NHS LADS 01582 700227 [email protected] 07875 848823

DIP Worker No longer visit 01582 700227

Cambs Liaison & Diversion

NHS LADS 01733 363195 [email protected] 07852 614209 after 2200 hrs.

Dip Worker No formal arrangement

Herts Mental Health

NHS Hatfield AMPH Nicola Morris 07789 653971

Stevenage AMPH Robin Hall 07766 133667

Dip Worker CGL Criminal Justice team

Charli Clancy 07867 868501 [email protected] Zareena Moody 07881 335 228 [email protected]

Interpreters

Face to Face and telephone interpreting services are provided by Big Word.


Contact 03333 445715 for telephone interpreting, For booking face to face interpreting log onto thebigword GMS. The Beds access code is 66662222. A PIN number will be required. Full details can be found on the BCH Custody Intranet page.

Contact 03333 445715 for telephone interpreting, For booking face to face interpreting log onto thebigword GMS. The Cambs access code is 66663333. A PIN number will be required. Full details can be found on the BCH Custody Intranet page.

Contact 03333 445715 for telephone interpreting, For booking face to face interpreting log onto thebigword GMS. The Herts access code is 66661111. A PIN number will be required. Full details can be found on the BCH Custody Intranet page.





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Appropriate Adults

Appropriate adults must be used as directed by PACE. In the absence of a suitable family member or other appropriate person forces have procedures in place to supply suitably trained persons.

Appropriate Adults (Youths and Juveniles)

Appropriate Adults (Adult Provision)


Adult provision

Hours of operation: 0830-1700


Hours of operation:

24/7

Service provider: Luton Local Authority Tel: 01582 547197 Bedford Borough Council Borough Hall, Cauldwell Street, Bedford, MK42 9AP Tel: 01234 276222 / Fax: 01234 276076 Email: [email protected] Emergency Duty Team (out of hours service) Tel: 0300 300 8123 Central Bedfordshire Council Priory House, Monks Walk, Chicksands,

Service providers: Contact is Mike Sampson [email protected], Tel: 01733 864670 Mobile: 07920 160234. The YMCA cover south of the county only. Contact Lee Adamson [email protected] Tel: 01733 373181 Mobile: 07545 642793

Service provider: TAAS can be contacted 24 hours a day, 7 days a week on 0845 600 1528 for vulnerable adults only. Can be booked in advance with an Inspector’s authority. Can be used for detainees and


Youth Provision


Hours of operation: 0900-2200 hours

Hours of operation: 0800-2300 hours

Service providers: Luton youth offending Service 01582 547900 Bedfordshire Youth Offending Service 01234 276400 ELFT (Do not deal with learning difficulties or mental health needs) 01582 708999 Catherine Aganolgu [email protected]

Service providers: Peterborough AA scheme is run by the Youth Offending Service. Contact is Mike Sampson [email protected], Tel: 01733 864670 Mobile: 07920 160234. The YMCA cover south of the county only. Contact Lee Adamson [email protected] Tel: 01733 373181 Mobile: 07545 642793

Service provider: Herts County Council See Appropriate Adult page on Herts Website for rota and contacts.

Out of hours provision: Out of hours provision: Out of hours provision:

Beds Social Services Emergency Duty Team Tel: 0300 3008123

Youth Out of Hours provision: YMCA – covering the whole force area Contact Lee Adamson [email protected] Tel: 01733 373181 Mobile: 07545 642793.

Herts EDT Tel: 0300 1234 043




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Adult provision

Shefford, SG17 5TQ Tel: 0300 300 8122 / Fax: 0300 300 8239 Email: [email protected] Emergency Duty Team (out of hours service) Tel: 0300 300 8123

voluntary attendees.

Out of hours provision: Out of hours provision: Out of hours provision:

Beds Social Services Emergency Duty Team 0300 3008123

YMCA – covers the whole force area Contact Lee Adamson [email protected] Tel: 01733 373181 Mobile: 07545 642793

TAAS can be contacted 24 hours a day, 7 days a week on 0845 600 1528 for vulnerable adults only.

Healthcare Models –

APP covers the requirements for an appropriate healthcare model including performance monitoring of the provision. APP covers expectations around the existence of protocols with ambulance and local hospitals regarding violent detainees, Mental Health Act section 136 and drunk and incapable detainees.

Healthcare Professionals – APP covers the roles and responsibilities and the standards and competencies of Health Care Professionals who operate in custody.

Contractual Arrangements for Contract Staff -

APP covers the expectation that contracted staff work to the principles of safer detention and the Equality Act 2010. APP covers the Police Reform Act 2002 that empowers designated detention officers.

All full time BCH Detention Staff are designated and empowered by the relevant Chief Constables under section 38 of the Police Reform Act 2002. All temporary contract BCH Detention Staff are designated and empowered by the relevant Chief Constables under section 39 of the Police Reform Act 2002. Powers Designated are detailed below. All designated staff are required to carry their Designation Card whilst on duty. 1. Detention officer - fingerprinting without consent. 2. Detention officer - intimate samples - speculative search warning. 3. Detention officer - non-intimate samples. 4. Detention officer - non-intimate searches of detained persons.





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5. Detention officer - photograph persons in police detention. 6. Detention officer - powers in respect of detained persons. 7. Detention officer - taking of impressions of footwear. 8. Detention officer - attend police station to take sample. 9. Detention officer - fingerprinting of offenders. 10. Detention officer - intimate searches of detained persons. 11. Detention officer - searches, photographs and examinations to identify. 12. Escort officers - escort persons in police detention. 13. Escort officers - power to take arrested person to police station.

Service Standards - APP covers the expectation that custody management should be aware of relevant custody contracts in order that they can hold providers to account.

Independent Custody Visitors-

ICV schemes are administered by the Police and Crime Commissioners Office.

Station Telephone Email

Bedfordshire 01234 842643 [email protected]

Cambridgeshire 03003 333456 [email protected]

Hertfordshire 01707 806149 [email protected]

APP covers the provision of and rationale behind Independent Custody Visitors. ICV’s must be given immediate access to all custody areas unless doing so would put them in danger. A Custody Officer may delay but not deny access. APP covers Inspectors authorities in relation to ICV’s.

Detainees, whether adult or juvenile, must give consent for their custody records to be viewed by any ICV. In the case of juveniles it is the juvenile’s decision. Hertfordshire operate a policy whereby the Custody Inspectors will supervise the ICV visits where practicable. ICV visits should not be unduly delayed waiting for the Custody Inspector to attend.

Training & Learning –

APP covers that all staff working in the custody suite must be fully trained and operationally competent in their role before being appointed or allocated custody tasks.

There is an accreditation process for BCH Custody using National Occupational Standards and all Custody Officers and Custody staff must follow this.

APP covers that all custody staff have responsibility for detainees in custody. APP covers that, in addition to formal training, staff retain individual responsibility for their own professional and personal development. APP sets out expectations that forces should pay due regard to the below expectations document and the IPPC learning the lessons product.

HM Inspectorate of Prisons and HM Inspectorate of Constabulary Expectations for Police Custody

Independent Police Complaints Commission (IPCC) Learning the Lessons Bulletins




http://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2014/02/Police-custody-expectations.pdf

http://www.justiceinspectorates.gov.uk/hmiprisons/wp-content/uploads/sites/4/2014/02/Police-custody-expectations.pdf





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Refresher Training -

All custody staff must receive refresher training (Continuous Professional Development – CPD). All CPD training is mandatory. There must be continuing access to refresher training and learning opportunities while in post. The period required for refresher training should be determined by its content and the method of delivery. Training needs analysis must be completed to identify when further training is required. Refresher training will include legislation and policy changes and will include lessons learnt from both national and local sources. The outcomes and trends identified by quality assurance processes will also be considered as a training need.

Personal Safety Training -

All custody staff are trained and annually recertified in personal safety in accordance with ACPO (2012) Personal Safety Manual of Guidance (available via the Managed Learning Environment to registered users).

Equality Act 2010 - As a minimum all custody staff must complete the Equality Act 2010 NCALT package.

First-Aid Training - APP states that Custody Staff must receive first-aid training to at least module 2 FALP and module 3 FALP. Refresher training must be completed at least every 12 months.

Currently BCH custody staff are all trained to various degrees of competency. Training to FALP module 2 and module 3 will commence in March 2017 to include Oxygen and defibrillator training.

Contingency Planning -

Protocols with other emergency services are being developed that cover responsibilities in emergency situations in custody. Contingency plans for dealing with following are either in place, to be or are being developed:

Major incidents resulting in a high volume of arrests (To be developed)

Activation of Operation Safeguard (use of police cells to hold Home Office Prisoners) or a dramatic increase in prison lockouts (Awaiting National guidance)

Death or serious injury in custody (In place)

Bomb threat (To be developed)

Terrorist detainees (In place)

High profile detainees (To be developed)

Other sensitive detainees (To be developed)

Fire (Being developed)

http://mle.ncalt.pnn.police.uk/Account/LogIn







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Evacuation -

All staff engaged in custody duties must be briefed and trained in the procedures to be followed in the event of a fire or other emergency requiring the suite to be evacuated. A nominated senior officer should ensure that evacuation plans are tested on a regular basis and that, where possible this is a joint exercise with local fire and rescue services. The Head of CJ and Custody has directed that each Head of Custody should run a fire drill every 6 weeks in Cambs & Herts and every 5 weeks in Beds. Nominated senior officers: Bedfordshire: TCI Corina House Cambridgeshire: TCI Kate Firman Hertfordshire: TCI Mike Todd

Fire Evacuation Plans

BCH Fire Evacuation procedure refers. (See current fire plans pending launch of BCH Fire Plans) Fire Evacuation Procedures are available on individual force intranet sites. Hard copies are available in custody units for briefing and reference. Hard copies are also available in fire evacuation bags for reference in an emergency.

Response, Arrest & Detention

Response -

APP covers the expectations around responses to immediate and planned incidents in custody and covers the use of the National Decision Model.

Vulnerability- APP covers the requirement to identify and take account of every detainee’s vulnerability

All detainees must be risk assessed by custody staff using the custody computer risk assessment. This should be augmented by a supplementary risk assessment. (Appendix 1). All risk assessments must be reviewed and agreed by the Custody Officer. The custody record must be endorsed and signed by the Custody Officer.

Vulnerability Assessment Framework -

There is a BCH vulnerability assessment framework which should be used for all detainees and recorded on the custody record (Form 1348 in Herts).





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VULNERABILITY ASSESSMENT FRAMEWORK The following factors should be considered for every detainee arriving into 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?

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Initial Response Risk Assessment –

Initial risk assessments should take account of:

What is known or believed to have happened

The number of persons involved or capable of becoming involved

Details provided about named individuals, including all intelligence and any warning or information markers recorded on force or agency crime and/or intelligence systems

Potential or known risks about the location

Concealed weapons or access to weapons in the contact environment

Community sensitivities

Police Approach & Decision Making

Conflict Management –

APP covers warnings by arresting officers

Lawful Arrest-

APP covers the lawful elements of arrest and the necessity for arrest under PACE section 24 and Code G.

De-Arrest-

APP covers the requirement to de-arrest if the grounds for arrest cease to exist. APP covers the requirement for persons who are de-arrested having arrived at a police station to be brought before the Custody Officer. Common law release following an arrest for a breach, or potential breach, of the peace is also covered by APP.

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.

APP covers the expectation that persons detained under section 136 Mental Health Act 1983 should be conveyed to a medical facility not police custody.






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Street Bail-

Street Bail is not an option under any circumstances across BCH.

Alcohol Treatment Centres -

No alcohol treatment centres exist across BCH

Arrival at the Station -

APP covers arrival at the police station and the requirement for all detainees to be seen by the Custody Officer as soon as practicable after arrival at the police station. APP covers queuing and supervision

1348 Gold Form- (Hertfordshire only) This form is completed by staff, it documents vulnerability, risks and acts as a summary of custody processes in support of the custody computer.

Supplementary Risk Assessment Questions (Appendix 1)

The question list, shown at Appendix 1, is available in custody suites to act as a prompt for custody staff to ask appropriate questions when booking in a detainee to ensure an accurate assessment is being conducted. Custody staff should ensure that the questions are asked and responses recorded in the risk assessment or on the custody record.

Violent Detainees - APP covers the actions of officers and custody staff regarding the arrival at custody of violent detainees.

Officers and custody staff must be aware and consider that there may be a 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.

Vulnerable Detainees -

Custody Officers and staff should prioritise and triage vulnerable detainees as part of the booking-in process. Where practicable, officers should inform the custody suite of their impending arrival and any known or identified vulnerabilities.






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Booking into Custody

Placement of Detainees - APP covers the requirements and options re allocation of detainees.

Custody Capacity -

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 eventuality, Custody Officers must alert the Custody Inspector and or the Duty Inspector to enable alternative BCH 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.

Custody capacity protocols across BCH

FORCE POLICY

BEDS Custody Sergeant will contact OSCAR 1 OSCAR 1 will alert response officers OSCAR 1 will review cell capacity at other suites and redirect officers with detainees accordingly

CAMBS When capacity becomes an issue Custody Sgt will liaise with Custody Manager to identify solutions together. Inspector is responsible for securing additional resources to support custody. Custody will not be closed without authority of Inspector If a decision to close is made OSCAR 1 will be notified

HERTS When capacity becomes an issue the Custody Sgt will liaise with the custody Inspector to identify solutions together. There are only two suites in Herts – where one closes the neighbouring suite will be notified. If a decision to close is made the Duty Inspector must be contacted. Where every cell in service in both custody units is occupied the Duty Inspector must notify Oscar 1. They must also: In Office Hours – notify force Custody Chief Inspector. Out of hours – Notify on call PACE Superintendent. Priority message to be left for Force Custody Chief Inspector and CJD Superintendent. At Hatfield only an ‘Amber 5’ policy exists. Once the unit has dropped to a capacity of only 5 remaining cells, these cells will be reserved for detainees



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arrested and travelling from Watford area. Local Hatfield/Borehamwood detainees will be diverted to Stevenage.

Custody Minimum Staff Numbers In the event of staffing numbers falling below minimum levels, the Custody Inspector / Duty Inspector must be informed. They must take necessary action to assess the situation and obtain staff from a custody unit in the same force or restrict custody capacity. Consideration should be given to contacting resource management to call custody staff in from home.

When a Detainee Cannot be Detained - APP covers the PACE requirement to open a custody record for any detainee that arrives at a custody unit even though, due to capacity, the detainee will be transferred.

Necessity to Detain –

APP covers the Custody Officers role regarding detention and the requirement placed on the Custody Officer to secure details of any force used during arrest.

Multi Occupancy - APP covers the requirements and considerations should multi-occupancy of a police cell be considered. APP covers resolving disputes regarding instructions to permit multi occupancy and the requirement to organisationally review any incident of multiple occupancy to prevent reoccurrence.

Joint Risk Assessment-

APP covers joint occupancy risk assessments and monitoring activity where cells are shared.

Detention Not Authorised - A custody record must be opened for every detainee that arrives within the confines of a custody station after being arrested, regardless of whether they are subsequently de-arrested or detention is refused. The reason for detention being refused/not authorised must be recorded.

Fitness for Detention –

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.

BCH Custody Staff Disposition

Sergeants Detention Officers

Suite Min Min

Luton 2 3

Kempston 2 2

Peterborough 2 3

Cambridge 2 1

Hatfield 2 4

Stevenage 2 3







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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 has 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.

APP covers the option for Custody Officers to secure a medical assessment before authorising detention. APP covers that Custody Officers must ensure that appropriate medical attention is given as soon as practicable to detainees who:

Appears to be physically ill or injured

Appears to be, they suspect, or have been told may be, experiencing mental ill health (or disablement or difficulty that means that the detainee is likely to be vulnerable or require additional support)

Appears to have a drug or alcohol dependence or withdrawal likely to affect safety

Appears to need medical attention

Requests a medical examination APP covers the assessment of injuries and the requirement to establish a care plan to monitor detainees. APP covers expectations regarding communications between Custody Officer and Health Care Professionals. APP covers the Custody Officer’s responsibility for the welfare and safety of all persons in the custody environment.

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Rights & Entitlements - APP covers the rights and entitlements of persons who are brought to a police station under arrest or who are arrested at the police station having attended there voluntarily. APP covers the requirement to give detainees written notice of their 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.

Link to the 54 translated rights and entitlements website HERE

Persons Attending a Police Station Voluntarily Who are Not Arrested - APP covers the requirements when dealing with persons who attend police stations to be voluntarily interviewed.

Exemptions for the Debriefing of Offenders Assisting Investigations and Prosecutions

under the Serious Organised Crime & Police Act 2005 -

There may be occasions where a person is produced from a prison establishment to be held in police custody to be interviewed by specialist debriefing teams. Persons produced from prison establishments for interview under the terms of Sections 71-74 of the Serious and Organised Crime and Police Act 2005 (SOCPA) have the conditions of detention dictated by the Crime Sentences Act 1997 and by the relevant Prison Governor and not by PACE. In such circumstances the Custody Officer should meet with the senior debrief officer and agree a memorandum of understanding regarding the person’s custody and care.

The Custody Record –

APP covers the requirements of the Custody Record detailing what must be recorded in it. APP covers that the detainee’s solicitor and appropriate adult must be allowed to inspect the custody record.

Detainees, whether adult or juvenile, must give consent for their custody records to be viewed by any ICV. In the case of juveniles it is the juvenile’s decision.

Fit To Be Interviewed - APP covers the Custody Officer’s assessment regarding fitness for interview.

Considerations for Decision Making (Urgent Interviews) - APP covers PACE C 11.18 Superintendent urgent interview authority. It also covers the requirement to record any such authority.

Pre Charge Bail Management -

Individual BCH force policies exist that cover this section of the APP. Continue to follow local force policies.

https://www.gov.uk/guidance/notice-of-rights-and-entitlements-a-persons-rights-in-police-detention








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Moving & Transporting Detainees

Supervision and Escort - APP covers who may escort detainees. APP covers the transfer of the treatment elements of PACE when custody is transferred to an escorting officer.

Designated Escort Officers - APP covers the requirement that Chief Officers must be satisfied that escort officers must be suitable, trained and competent.

Prisoner Escort & Custody Services -

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.

Safe Movement of Detainees - APP covers the requirement to brief escorting officers regarding the risks or vulnerabilities of detainees to be conveyed.

An ambulance must be called for any detainee who appears to be unconscious or requires urgent medical assessment.

Checklist: Risk Assessment for Restraint & Escort –

APP covers a list of risk assessment considerations when conveying a detainee.

Transfer of High Risk Detainees –

APP covers the conveying of such detainees including use of firearms officers.








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Medical Emergencies during Transport -

APP covers the exceptional circumstances that may lead to the use of a police vehicle to convey a detainee in need of urgent medical treatment in lieu of an ambulance .

Where a police vehicle and police officer or staff are used in these exceptional circumstances a full review of the circumstances should be completed. 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.

Transfer of the PER Form - APP covers the creation of the PER, the circumstances when a PER must be used and the requirement that the Custody Officer sign all completed PER forms ensuring accuracy of the information.

Control Measures for Detainees in Transit - APP covers the proper supervision and monitoring of detainees including the use of seat belts, cages and containment. .

Fleet Management - APP covers the expectation that forces should have procedures for assessing and selecting the suitability of police vehicles used for detainee transport.

Inspection of Vehicles -

Conveying officers must search their vehicles before and after use when conveying detainees.






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Risk Assessment

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.

Assessment & Monitoring - APP covers the requirement for ongoing assessment and ongoing review of the assessment. APP covers the requirement to record the assessment and ongoing review.

Content of Risk Assessments -

Officers and staff 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. 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.

Responsibility for Risk Management -

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 Officer is 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 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




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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

Checklist: Assessing Detainees -

Custody staff must ensure that they are asking questions that will ensure they are conducting a full and accurate risk assessment. Beds and Cambs have a detailed risk assessment framework set out on NSPIS and will continue to follow this framework. The following guidance relates to Hertfordshire only. The questions posed on the risk assessment page on CIS does not support the full risk assessment as detailed on APP. A prompt sheet is provided to all Herts custody staff to give them a guide to the questions to ask and record on CIS. This questionnaire is not exhaustive and staff should be minded to probe further when given answers to questions to ensure they are conducting a full risk assessment. Supplementary Risk Assessment Questions – See Appendix 1 Custody Officers and custody staff should utilise the National Decision Model when conducting risk assessments and formulating care plans. Custody staff must establish whether restraint has been used on the detainee prior to arrival in custody. They should probe arresting/transporting officers as to the level of restraint used as this may identify an increased risk and assist with the detainees initial and on-going risk assessment. This information must be recorded on the custody record.

Information Sources -

Custody officers should use all available sources of information during the gathering of risk or threat information pertaining to all detainees. Examples of information sources available for use include:

Police National Computer

Police National Database

Violent Offender and Sex Offender Register

Foreign National Database

Person Escort Record Forms



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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 detainees 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 Officers should be cognisant that changes in the care plan may impact on pre-release risk assessment.

PER Form Requirements -

APP covers PER requirements and responsibilities for completion. A person escort record form (PER form) is used to ensure that all staff transporting and receiving detainees are provided with all the information they need. This includes details of any risks or vulnerabilities that the detainee may present.


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Where the detainee is to be transferred from a police station, the responsibility for the PER form lies with the first Custody Officer who becomes aware of the transfer. Forces must ensure that Custody Officers are trained and competent in completing the PER form. Forces should establish procedures to audit and assess completed forms.

Managing an At Risk Detainee from a Prison / Young Offender Institution - APP covers expectations when a detainee has been transferred to custody from a prison or youth offender institution. Includes requirements around ACCT and CAREMAPS.

Condition of the Detainee - APP covers guidance around detainee referral to a Health Care Professional.

Vulnerable Detainees -

A HCP may provide advice to a Custody Officer as to the needs and requirements of any suspect who they believe may be vulnerable. The decision to request an appropriate adult is, though, for the Custody Officer.

"Do not Resuscitate" Orders & "Do not Attempt Resuscitation" Orders - APP covers the appropriate response to the presentation of a ‘Do not resuscitate’ order (DNR) and ‘do not attempt resuscitation’ order (DNAR)

Detainees Requiring Urgent Medical Attention - APP covers the requirement that detainees requiring urgent medical attention should be taken straight to hospital not custody. This includes detainees suspected of swallowing unknown quantities of drugs.

Symptoms or Behaviours – APP covers a list of symptoms that necessitate the immediate transfer of a detainee to hospital.

Risk of Suicide and Self-Harm - APP covers the risks and responses to threat or risk of suicide and self-harm including the increased vulnerabilities following some custody procedures.

Potentially Violent Individuals - APP covers the requirement for local protocols to be set up with social services, local authorities and health trusts for dealing with potentially violent individuals. APP covers that HCPs may refuse to transport or care for an individual who is violent. Forces and healthcare agencies should agree protocols to establish respective responsibilities for dealing with such occurrences.

Acute Behavioural Disturbance – APP covers a list of medical conditions that may cause a detainee to be violent or display aggressive behaviour, confusion or changeable behaviour. Custody staff should fully consider that a particular behaviour may be the result of a medical need rather than intoxication or mental health.










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Excited Delirium - APP covers the causes and symptoms of excited delirium and gives guidance on police actions and restraint.

Pre-Existing Medical Conditions - APP covers actions on the discovery of pre-existing medical conditions.

Claustrophobia - APP covers the symptoms of claustrophobia and gives guidance on police actions.

Head Injuries -

Detainees who have suffered a head injury should be immediately transported to hospital for medical assessment and monitoring.

APP covers the risks associated with head injuries and the responsibilities of Custody Officers.

Infectious and Communicable Diseases - APP covers guidance on dealing with infectious and communicable diseases including the requirement for procedures to manage the potential risk and cleaning cells.

Common communicable diseases - For up-to-date information on infectious diseases, see NHS Choices (or NHS Direct Wales) and Public Health England.

http://www.nhs.uk/Conditions/Pages/hub.aspx

http://www.nhsdirect.wales.nhs.uk/

https://www.gov.uk/government/organisations/public-health-england

https://www.gov.uk/government/organisations/public-health-england






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Release from Custody - APP covers release from custody recommending that the National Decision Model is used to carry out and justify decisions make.

Pre-Release Risk Assessment It is the responsibility of the Custody Officer 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 Officers should make use of the HARD FACTS mnemonic (see below) as part of PRRA creation, review and finalisation. Custody officers 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 Officer 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. Beds and Cambs, NSPIS includes a PRRA framework. Herts PRRA must be recorded on the custody record. The creation of the PRRA is an on-going process which may change during the period of detention. Custody Officers 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 Officer. 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 Officers 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 Officer 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 Officer 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.


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The mnemonic HARD FACTS 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?

HARD FACTS is not an exhaustive list. Below are some additional considerations as part of PRRA creation, review and finalisation. Consider nature of offences, charges, behaviour upon arrest or in custody, demeanour Are there any mental health issues to consider? Has the detainee got any follow up care from any mental health service? Do they have a social worker – are they aware of their detention? Are there any drug or alcohol dependencies that the detainee has either declared or are suspected? Is there any follow up support in relation to these? Is the detainee vulnerable by means of age or any other reason if they are an adult? What care is available to them at home? Are the relevant carers aware of the detainees arrest and any subsequent disposal? How are they getting home when released from custody? What do you know about the detainee’s home circumstances? Are they a risk to anyone? Consider mental or physical health including addictions Family or relationship issues Does the detainee present a risk to anyone else when released? Consider domestic violence Other victims of offences alleged Other members of the community that may need safeguarding Does anyone present a risk to the detainee when they are released? Consider the circumstances surrounding the arrest Feelings of family members in relation to the arrest

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Other members of the community Is there any healthcare advice or medication to be given to the detainee or their Appropriate Adult upon release? Own medication or that provided by G4S Advice provided by G4S or mental health worker Have they been advised to visit A&E? Can the detainee go home to their own address when released? If not where else can they go? Do other family members need to be contacted or EDT? How is the detainee getting home when released? Does s/he have money or the means to obtain money e.g. bank card? Does s/he have a mobile phone? Consider time of day of release, weather, and clothing – Contact arresting officers to gain such items if necessary. Has the detainee been given opportunity to ask any questions relevant to their release? Has the support leaflet been provided upon release or any other information that would be useful? Has a referral been made to the Samaritans? Has PNC been updated with any relevant markers?

Risk of Self Harm or Suicide after Release – APP covers occasions where there is a tangible risk of self-harm or suicide on release. APP gives guidance on possible police actions to mitigate the risks. Options include; remand, detention under the Mental Capacity Act, for children a Police Protection Order APP gives guidance on the detention of persons beyond PACE clock limitations in some cases. APP gives guidance on the detention of persons in need of a mental health assessment following conclusion of a criminal matter.

Transfer of Detention - APP covers the responsibility for the welfare of a detainee being transferred to court. APP gives advice on the restraining of transferred detainees and the transfer of multiple detainees.

Checklist: Transfer of Detention -

APP provides a checklist that must be followed prior to the transfer of any detainee.




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Control, Restraint & Searches

Principles of Using Force in Custody -

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

Further information

Faculty of Forensic and Legal Medicine (FFLM) guidance on managing ABD in custody

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 officers 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. Officers will be accountable for all instances where force is used.

Any use of force in custody must be recorded on the BCH use of force reporting system.

Information - APP covers the provision of information to officers at the scene of an incident to allow for suitable assessment and tactical responses to any vulnerability or threat.

Arresting or transporting officers must advise Custody Officers of any vulnerability, risk or threat information as soon as practicable on arrival at custody.

Applying the National Decision Model - APP covers the use of the National Decision Model when considering or using control and restraint techniques.

Assessment -

Risk assessment and decision making should be guided by APP on the NDM, APP on Risk principles and ACPO (2012) Personal Safety Manual of Guidance

Detainees experiencing the effects of alcohol, drugs, a mental health condition or a medical condition are particularly vulnerable to the impact of being restrained.

With specific reference to restraint and drug use, restraint is significantly more likely to be used in a drug-related arrest than during a non-drug-related case. IPCC (2010) Deaths in or following police custody: An examination of the cases 1998/99 – 2008/09 found that of the 56 drug-related cases of death in or following

http://www.fflm.ac.uk/wp-content/uploads/documentstore/1310745561.pdf

http://www.app.college.police.uk/app-content/national-decision-model/?s=

http://www.app.college.police.uk/app-content/risk-2/?s=


http://www.ipcc.gov.uk/sites/default/files/Documents/research_stats/Deaths_In_Custody_Report_0811.pdf

http://www.ipcc.gov.uk/sites/default/files/Documents/research_stats/Deaths_In_Custody_Report_0811.pdf





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custody, 43 per cent had involved restraint of the individual. Most commonly, the restraint technique involved officers holding down the individual.

The HM Government (2014) Mental Health Crisis Care Concordat indicates that individuals experiencing mental illness who are restrained, particularly due to violence, need to be considered as a medical emergency and taken to hospital as they are at increased risk of ABD. See Mental vulnerability and illness APP and Mental health – detention APP for further information.

Guidance available under Risk assessment sets out symptoms of some medical or mental health conditions. There are also risk factors particular to positional asphyxia.

Warning Signs for Physical Violence - APP covers warning signs that a person may display during an escalation of behaviour that may indicate impending violence.

Identify Options & Contingencies - APP covers the initial responses to spontaneous violent incidents and the considerations.

The Prone Position & Positional Asphyxia - APP covers the extensive risks of positional asphyxia and the restraining of persons in the prone position.

Officers and staff must consider the potentially life threatening implication of any struggle and the effects of exhaustion and lacto acidosis on person. This life threatening condition is brought about when a person is restrained, for even a short time, causing toxins to affect the heart.

Principal Risk Factors that can Contribute to Death during Restraint - APP covers key restraint considerations.

Powers & Policy - APP covers the legislation that empowers the use of force and the use for force power conferred by the Mental Capacity Act.

Action - APP covers the requirements of those involved in the use of force.

Custody officers must, as part of a risk assessment, enquire of arresting and or conveying officers if any force or restraint was used on arrest or during transportation. (See Appendix 1)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/281242/36353_Mental_Health_Crisis_accessible.pdf#page=31

http://www.app.college.police.uk/app-content/mental-health/mental-vulnerability-and-illness

http://www.app.college.police.uk/app-content/mental-health/mental-vulnerability-and-illness

http://www.app.college.police.uk/app-content/mental-health/mental-health-detention

http://www.app.college.police.uk/app-content/detention-and-custody-2/risk-assessment/

http://www.app.college.police.uk/app-content/detention-and-custody-2/control-restraint-and-searches/#the-prone-position-and-positional-asphyxia







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Recording Use of Force - APP covers that any force used must brought to attention of the Custody Officer and that any use force must be recorded on a BCH Use of Force form.

Restraint after Arrival in the Custody Suite - APP covers the removal of handcuffs and the placement of a violent detainee in a cell. APP also covers the requirement for a risk assessment and a HCP assessment of detainees where the cause of the violence is not apparent.

The requirement for an initial risk assessment remains. Any initial risk assessment of a violent detainee must be reviewed once the detainee is in a cell. Attempts must be made to complete a full risk assessment as the detainee calms with the assistance of the HCP as needed.

Injury or Other Effects Caused by Restraint - APP covers the requirement for Custody Officers to be alert to the signs of injury and effects caused by restraint that may require medical attention. This may include urgent hospitalisation by ambulance.

Monitoring in Custody - APP covers the requirement to monitor restrained detainees at Level 3 or Level 4.

Cell Relocation - APP covers cell relocation signposting to the personal safety manual of guidance.

Supervising Cell Relocation - APP covers the cell relocation responsibilities.

Pre-Planned Cell Relocation - APP covers pre-planned cell relocation using a specialist team detailing responsibilities.

Provision of staff Personal Protective Equipment for dealing with ‘dirty protests’ varies across BCH. Custody staff should follow local procedures.

Use of Taser – APP covers the responses and considerations when dealing with a detainee who has been Tasered.

Custody Officers must consider potential secondary injuries as a result of TASER use. For example head injuries following a fall.

Medical Assessment - APP covers the medical response and considerations when dealing with a detainee who has been Tasered.

All detainees who have been Tasered must be seen by a Forensic Medical Practitioner as soon as practicable. A HCP examination is not sufficient.










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Monitoring after Taser Discharge - An information leaflet must be given to detainees who have been subjected to a Taser discharge as soon as practicable by custody staff. Information Leaflet Supplied to Detainees in Custody who have been subjected to a Taser Discharge

Searching Detainees -

APP covers the various search powers available to police officers and detention officers both pre arrival, on arrival and post arrival. APP also covers the search recording requirements. APP also covers the conduct expectations. APP details the distinction between a strip search and an intimate search.

Officers should not automatically deem strip-searching individuals, for their own protection, as the best way to prevent them harming themselves. Officers must follow the safeguards in PACE to protect vulnerable people and children. Herts only – The electronic strip search form must be completed and attached to the custody record. Beds and Cambs – Strip search authorities must be recorded in NSPIS

Property Removal & Storage -

During the risk assessment process, Custody Officers should be aware that items of clothing such as ties, belts, shoelaces and cords could be used as ligatures. All staff have a duty of care and must do all that is reasonably possible to protect the right to life under Article 2 of the ECHR.

Withholding Articles -

The decision to withhold articles from the detainee must be based on a risk assessment of each individual and the guidance given in PACE Code C. Custody officers may (under section 54 of PACE) seize clothing on the grounds that they believe a detainee may use it to harm themselves. See also paragraph 4.2 of PACE Code C. However, Custody Officers should, when deciding to remove property balance the imperative to protect the right to life with the importance of ensuring that a detainee’s dignity is respected. For example, detainees should be allowed to retain their spectacles if there is no significant indication that they may use them to self-harm. Section 54(3) and s.54(4) of PACE provide the power to seize clothing which might be used to cause physical injury and s.53(6) and s.53(6A) treat the process by which clothing and other articles might be found and/or seized as a search. Officers should not leave a detainee without any clothing as an alternative to constant supervision. The detainee should be given the opportunity to check and sign the custody record to confirm that the record of the items seized is correct. Forces should provide adequate storage and security for a detainee’s property.





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If a detainee has medication with them, this should be retained by custody staff and only administered after examination and authorisation by an HCP.

Replacement Clothing -

Detainees should be able to remain clean and comfortable while in custody. Changes of clothing, especially underwear, should be facilitated as required. Officers must justify removal of clothing for safety or investigative purposes and record this in the risk assessment and custody record. Officers 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 Officer rationalises that a detainee should be placed in anti-harm clothing, it follows that the removal of all of 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. Paper suits are not considered to be appropriate replacement clothing and must not be used.

FORCE REPLACEMENT CLOTHING PROVISION

BEDS Grey scrubs top/bottoms Foam slippers T-shirt with jog bottoms Anti-rip suits

CAMBS T-shirt with jog bottoms Plimsolls / Foam Slippers Anti-rip suits

HERTS Track suits Anti-rip suits Flip flops


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Search of a Police Vehicle - APP covers the requirement that transporting officers search vehicles used to transport detainees before and after use.

Cell Searches -

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 Officer. Once the cell has been vacated and checked as above, it should be cleaned. The cell door should be closed and the time and person checking and cleaning the cell must be written on the hatch wipe board where available. The cell should then not be entered until placing a new detainee in it. When a new detainee is placed in the cell the name and time of when the cell was cleaned should be entered on the new detainee custody record.

APP provides a list of items to be checked as part of a cell examination.

Periodic Custody Unit Checks -

Weekly and daily checks are made of cells and custody units. Policies and procedures vary across BCH. Local procedures are to be followed pending the creation of a BCH Policy.

Defective Cell - APP covers the closing of a cell due to defective cell call or damage.





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Detainee Care

Management & Supervision - APP covers lines of responsibility and accountability for supervising and managing staff, custody suites and detainees.

Supervision by an Inspector – APP covers the responsibilities of the Inspector responsible for custody and includes a list of checks that the Custody officer and where practicable the Inspector should carry out at the start of each shift.

At the start of each shift Custody Officers must check:

The welfare of all custody staff

The number of detainees

The custody records

The detainees in cells

That all risks, vulnerabilities and welfare needs of detainees are being adequately managed control measures against identified risks to ensure that they are both proportionate and effective review times

If the staffing levels are sufficient for the safe and effective operation of the suite on any emerging issues

The physical condition of the custody suite

Maintaining Custody Records - APP covers the requirement for audit regime in respect of custody records.

Handover Procedures - APP covers the requirements for an effective briefing / debriefing / handover.

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

Multiple Custody Officers on Duty –

At the point of booking in a detainee, the decision on which Custody Officer is responsible for that detainee needs to be clearly identified on the custody record. This may be different to the Custody Officer that has authorised detention.

Use of Whiteboards and Wipe Boards - Wipe boards can assist in the handover process, but to comply with data protection legislation, they must be out of sight of non-custody staff.







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Monitoring, Observing & Engaging - APP covers the Custody Officer’s management responsibilities for the detainee’s levels of observations and the requirement for a quality assurance regime that monitors all cell visits and rousing are being carried out on time and to the required standards. APP covers the requirement for the Custody Officer to take into account the risk assessments and the procedure for receiving information from Health Care Professionals.

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 Officer of any changes in the behaviour/condition of the detainee. Changes in behaviour must prompt a review of the risk assessment

The use of technology does not remove the need for physical checks and visits.

Observation -

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. This forms part of the detainee care plan.

Levels of Observations - There are four levels of observations outlined within APP Level 1 – General observation: Following a full risk assessment this is the minimum level of observation required for any detainee. Actions include:

The detainee should be checked at least every hour. Checks at level 1 could be less for young persons or those assessed as vulnerable

Checks to be carried out as sensitively as possible to cause as little intrusion as possible

If no foreseeable risk is identified, staff need not wake a sleeping detainee

Checks of the sleeping detainee should continue and any changes in the detainees condition presents a new risk and the detainee should be roused

If the detainee is awake staff should communicate with them

Level 2 – Intermittent observation: Subject to medical supervision, this is the minimum level of observation required For any detainee under the influence of drugs or alcohol or whose level of consciousness gives cause for concern. Actions include:

The detainee is visited and roused every 30 minutes

Physical checks and visits must be carried out CCTV can support this

The detainee is positively communicated with visits to the detainee to accord with PACE Code C annex H

Level 3 – Constant observation: If the detainees risk assessment indicates a heightened level of risk to the




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Detainee i.e. Self-harm or other physical or mental vulnerability they should be observed at this level. Actions include:

The detainee is under constant observation and accessible at all times

Physical checks and visits must be made every 30 minutes by a member of custody staff

CCTV is constantly monitored

The detainee is communicated with at frequent and irregular intervals

Review by HCP in accordance with relevant service level agreements. Level 4 – Close proximity: Detainees at highest risk of self-harm should be observed at this level. Actions Include:

The detainee is observed at close proximity to enable physical intervention if necessary.

Issues of privacy and dignity and gender are to be taken into consideration.

Any possible ligatures are to be removed

Detainee to be positively communicated with at frequent and irregular intervals.

Review by the HCP in accordance with relevant service level agreements.

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 must 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 close 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.

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Checking of Visits and Rousing - APP covers that there should be a system of inspection in respect of visits and rousing. Inspectors should use the BCH Custody Quality Assurance system for monitoring compliance.

Written Record - APP covers what is required to be recorded in respect of levels of observations set and what is required by Health Care Professionals in respect of recording and passing advisory levels.

Custody officers carrying out reviews of observation levels must not use the phrase ‘continue observations at the current level.’ A review should record any rationale for maintaining current levels to as to avoid ambiguities.

APP covers the requirement to record every occasion where a detainee leaves or is returned to their cell.

Signs Indicating Increased Risk - APP covers that Custody Officers and staff should be familiar with the signs and behaviours of a detainee which may indicate risk.

Medication - APP covers all aspects of medication including: Medication Management Medication Quantities Detainees retaining medication Disposal of unused medication Responsibilities for medication Medical Documentation

Managing Medication -

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 been subsequently been brought in by either police or a friend or family member must be sealed in the detainees property and logged along with other property. It must be logged with the name of the medication and whether or not 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 G4S medication form.

Quantities of Medication - APP covers the requirement that sufficient medication is provided for detainees anticipated time in custody and includes any time following transfer to court. Medication sheets and the PER form must be completed for detainees being transferred to court with medication.







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Detainee Retention of Medication - APP covers the retention by detainees of certain medication including asthma and angina sprays.

Unused Medication -

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 G4S. The detainees own medication must be returned to the detainee in the same way as any other property.

Responsibility for Medication in Custody - APP covers the Custody Officer’s responsibilities in respect of medication in custody. Including the actions on receipt of medication brought in or collected for the detainee.

Medical Documentation -

Medical notes are not part of the custody record. Officers and staff must not disclose these to solicitors or independent custody visitors while they are examining a custody record. Medical staff must complete paper/computer records relating to each detainee they examine. A summary custody version of the examination outcome is provided to custody staff and must be attached to the custody record. The full version of the medical assessment is retained by the medical provider.

Medical Emergencies - APP covers the use of emergency ambulances for transporting medical emergencies to hospital and the requirement for PER forms. APP covers the requirement to search all detainees who have been to hospital.

Appropriate Care - APP covers actions and considerations should a detainee be refused attention by ambulance or hospital due to violence or intoxication.

Case Notes - APP covers the collection of hospital case notes for use in custody. The return of the updated PER and the requirement to update the Custody Officer of any additional risks.

Supervision & Security in Hospitals - APP covers the processes to be adopted in respect of hospital attendance with a detainee including the briefing of accompanying officers on risk and their responsibilities.









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Detainee / Cell Checks

Where practicable, the person who carried out the last visit should conduct the next check. Continuity in checking allows for accurate evaluation of any changes in the detainee’s condition and potential risks involved. 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 record ‘visit correct’ or ‘checked in order’ in the custody record, more detail is 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 so as 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.

Misuse of the Cell Call System - APP covers dealing with detainee who persistently misuse cell intercom systems.



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Rousing - Ineffective rousing of detainees is a known factor in many deaths in custody. Rousing, done correctly, will alert officers and staff to a decline in the detainee’s condition resulting in timely provision of medical assistance. Rousing requires that the detainee utilise certain areas of their brain to respond to external stimuli, for example a question or an instruction. Failure to respond appropriately to a question or an instruction is a sign that must be brought to the attention of the Custody Officer immediately. APP covers the rousing of detainees

Rousing must be completed in accordance with the APP and Annex H of PACE Code C. A rousing check can never be completed from the hatch or via a spy hole. Full documentation of rousing must be made on the custody record by the person carrying out the rousing. Documentation must include the time of the rousing, who performed the rousing, the condition of the detainee, the methods used to rouse, what questions and responses were used and given. Any change in the condition must be reported to the Custody Officer immediately. Officers and staff should adhere to the frequency of rousing advised by an HCP, unless the Custody Officer directs that rousing should be more frequent. Where an HCP is working in a custody suite, and it is practicable, they should accompany custody staff on cell visits to those detainees presenting any risk or identified vulnerability. Detainees who have been or are considered to be aggressive or violent may be roused by two members of staff where appropriate.

Checklist: Rousing Procedure -

Rousing - Can they be woken? Go into the cell Call their name Shake them gently. Response to questions – can they give appropriate answers to questions such as: What is your name? Where do you live? Where do you think you are? Officers must record the specific answer(s) to the question(s) in the custody record. Response to commands – can they respond appropriately to commands such as: Open your eyes Lift one arm Now the other arm.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/364707/PaceCodeC2014.pdf#page=76



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Remember Officers must remember to take into account the possibility or presence of other illnesses, injury or mental ill health/learning disabilities. A person who is drowsy or who smells of alcohol may have one of the following conditions: •diabetes •epilepsy •head injury •drug use or overdose •stroke. Officers must call an appropriate HCP or an ambulance if a detainee cannot be roused in accordance with the above criteria.

Dirty Protests - APP covers the response to such protests.

Using technology - APP covers the use of CCTV in custody.

Out of Cell

APP covers guidance on the safe dealings with detainees when out of the cell.

Exercise – APP covers guidance on the provision of exercise and the provision of suitable clothing as needed.

Reading Materials - APP covers the availability of age appropriate reading materials.

Local custody Inspectors are responsible for ensuring that there is sufficient, appropriate reading material available, which should include material suitable for young persons and commonly spoken foreign languages.

Visits to Detainees - APP covers the expectation that children and vulnerable adults should have the opportunity of a visit from parents or carers.

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.

Interview -







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APP covers the interview process including the handover and return of responsibility. APP covers the use by solicitors of electronic note taking equipment and telephones.

Detainee Complaints - APP gives guidance on the making of complaints by detainees.

Increased Risk of Self Harm Post Interview - APP gives guidance on the management of increased risk post interview and post remand

Custody officers and staff must be aware that an interview can be a trigger point for self-harm. Interviewing officers must inform the Custody Officers of any raised concerns regarding an interviewed person. A full review of the care plan and risk assessment must take place post interview and at the point of denying any detainee bail.

Detainee Risk Assessment Whilst Outside Custody - APP covers the actions required of investigators who take detainees out of custody.

Officers who take detainees out of custody as part of the investigation must be made fully aware of the care plan and risk assessment.

Welfare & Safety

Meeting the welfare needs of detainees involves providing various items, some of which are routinely taken into cells but can be used to self-harm. Detainees who are determined to self-harm can adapt items in unusual ways.

Clothing - APP covers the provision of suitable clothing to detainees.

Bedding - APP covers the provision of suitable bedding.

Toilet & Sanitary Facilities - APP covers the provision of suitable toilet and sanitary facilities. APP covers the risks of toilet paper.

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.

APP covers the provision of sanitary products. APP covers the provision of showers.

Food & Drink - APP covers the provision of suitable meals and preparation guidance.








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Food Provided by External Sources -

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. 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.

Choking - APP gives guidance on choking due to food.

Cutlery & Crockery -

Crockery must be safe for hot food but provide the least risk of being misused. All items connected with meals and drink should be removed from cells immediately after use to prevent them for being used to cause injury or damage. Kitchen areas must be kept secure.

Smoking -

Detainees are not be permitted to smoke under any circumstances within BCH custody facilities, including exercise areas. This policy applies to detainees produced from prison, locked-out of prison or remanded to police custody.

E-Cigarettes (vaping) -

Detainees are not be permitted to vape under any circumstances within BCH custody facilities, including exercise areas. This policy applies to detainees produced from prison, locked-out of prison or remanded to police custody.

Diversion & Referral

APP covers the definition of diversion and referral from Lord Bradleys 2009 report.

Triggers for Referral -

The main triggers for referral include: •risk of deliberate self-harm •risk of suicide •drug abuse •alcohol or other substance abuse •risk to others, including domestic violence •request by the detainee •risk of attack by others. Others include: •mental health •physical health







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•family problems or relationship difficulties •housing, financial or employment problems •bereavement •bullying.

Benefits of Diversion - APP covers the legislation that permits the sharing of information in pursuance of diversion and referral.

The duty of the police to act on foreseeable risks can extend beyond the person’s release. Referral to another agency following the issue of a conditional caution, or release or transfer from police custody may prevent deaths following police contact, or incidents of self-harm. It can also help to break the reoffending cycle.

Care Pathways out of Custody – APP covers the various care pathways available for use and the use of suitable templates to ensure relevant data is captured.

Alcohol & Drugs

Alcohol -

APP gives guidance on dealing with persons whenever there is evidence of drunkenness.

Drunk & Incapable -

APP covers actions and responses in respect of a person who is drunk and incapable.

APP defines a person as drunk and incapable if they have consumed alcohol to the point: They cannot walk or stand unaided They are unaware of their own actions They are unable to fully understand what is said to them. If a person is found in this condition they are in need of medical assistance and an ambulance should be called immediately. If a drunk and incapable person refuses medical assistance, officers should only take them to a police station as a last resort. The fact that a person in these circumstances has declined or has been refused treatment does not absolve the police or medical services from their responsibility.

Under the Influence of Drugs or Alcohol -

APP covers actions and responses in respect of a person who is under the influence of drugs or alcohol.






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Initial Care (By Custody Officers and Staff) - APP covers actions and responses in respect of a person who is in need of initial medical care in the absence of a HCP

There is no power to assess the level of alcohol in a detainee by using the station breath test machine quick test function when there are no considerations under the road traffic act. However, it can be used as part of a wider risk assessment with the consent of the detainee.

Having Consumed Alcohol but not (or no longer) Under the Influence -

APP covers actions and responses in respect of a person who has consumed alcohol but is not under the influence.

Additional Risks Associated with Alcohol -

APP covers several additional risks associated with alcohol including the risks of alcohol poisoning, the masking effects of alcohol which could mask a head injury, diabetes and drug misuse for example.

Detainees should be able to stand and walk unaided and say a few words. A detainee who is unable to ‘walk and talk’ should be transferred to hospital not placed in a cell.

Additional Risks Associated with Drugs -

APP covers information, actions and responses in respect of a person who is or is suspected to be under the influence of drugs.

Swallowed or Packed Drugs Packages - APP covers actions and responses in respect of a person who has or is suspected to have packed drugs.

Persons in this category are to be treated as a medical emergency and must go to hospital. Cambridgeshire Constabulary (Peterborough) has a suitable facility to deal with packed drug detainees. Follow Cambridgeshire policy. A BCH Policy exists – see BCH Custody Website.

Rousing & Consciousness (Alcohol & Drugs) -

APP covers actions around rousing in respect of a person who is under the influence of alcohol or drugs Further rousing instruction and guidance exists in this document under ROUSING

Sudden Collapse -

The vital actions in this situation are: Check for a response, if no response then open the airway and check for breathing Call an ambulance, clearly state that there has been a collapse and that it is an emergency If breathing is persistent, carry out a secondary survey and put the detainee in the recovery position








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If they are not breathing, start CPR If an automated external defibrillator is available, follow the written and verbal instructions provided Continue until the paramedics are able to take over.

Rehabilitative Diversion - APP gives guidance on the use of referrals and consideration of conditional outcomes as part of rehabilitation.

Equality & Individual Needs

APP covers the expectation that custody staff will be aware of the protected characteristics of the Equality Act. Knowledge of these characteristics can assist in the management and mitigation of individual risks.

Risk Factors - APP covers circumstances which may increase the level of risk for detainees.

Female Detainees - APP gives guidance on the vulnerabilities particular to female detainees.

If a woman is experiencing menopause or menstruation, officers may need to consider this if it is likely to have an effect on the detainee’s welfare. As a matter of course all female detainees will be offered hygiene packs on arrival into custody.

Access to Female Staff - APP covers the requirement to assign a female member of staff to detained females.

Domestic Violence & Abuse - APP comments on the considerations of domestic violence when dealing with female detainees.

Detainees with Caring Responsibilities -

APP covers considerations when dealing with a detainee who has carer responsibilities both formal and informal. A detainee who has carer responsibilities should, case circumstances permitting, be permitted to make multiple phone calls to make alternative carer arrangements. In particular, to lessen the impact of separation of mothers from young children, supervised telephone contact around childcare issues should be prioritised and visits with children and their carers facilitated for longer detentions unless the nature of the alleged crime or ongoing investigation prevents this.

Calls to Custody from Family or Dependants - APP covers the passing of information to family or dependents who contact custody. Compliance with the Data Protection Act is essential. The detainee must consent to release any information to an interested party.

Information from Family Members or Dependants - APP covers that information from family members may assist in the development of a thorough risk assessment.









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Offences that Involve other Family Members or Dependants - APP covers that offences involving other family members bring their own stressors to detainees particularly about release. Such considerations must be factored into risk assessments including release risk assessments.

Disabled Detainees

APP gives guidance on dealing appropriately with disabled detainees.

The following items are available within custody suites to assist with compliance under the Equality Act 2010: Hearing Loops Wheelchairs (not in Beds – Evacuation chair accessible) Rights & Entitlements in Braille British Sign Language DVD (not in Beds) Big Word (for sign language interpreters)

Assistance Dogs in Custody - APP gives guidance on the use of assistance dogs by disabled persons.

Specialist Support in Custody - APP gives guidance on the use of specialist interpreters and specialist support for the D/deaf or the blind.

Religious & Cultural Needs -

APP gives guidance on the provision of facilities and religious materials to meet a detainees religious requirements. Officers and staff must never assume a religion or belief, culture or nationality and should respect a persons decision not to disclose a religion or belief.

Additional Provisions in Custody -

The following should be available in each custody suite: Copies of religious texts Advice to Muslim detainees on the direction of Mecca (e.g., a compass or mark applied to the eastern cell wall of one or more cells / prayer rooms.) Halal, kosher, vegetarian and vegan meal alternatives. Custody staff should facilitate any reasonable requests wherever possible.

Foreign National Detainees -

APP gives guidance on dealing with foreign national detainees.








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All foreign nationals who are booked into custody will be subjected to the following checks and processes: ACRO check conducted by the OIC, excluding those arrested purely for immigration purposes. I 24/7 check UKBA checks (Including EU citizens) ID checks using the ID scanners (Herts only)

Rights & Entitlements for Foreign Detainees - APP covers the rights and entitlements of foreign detainees including the notification, on request, of relevant high commissions, embassies or consulates. APP covers the bi-lateral consular convention on notification of embassies.

Circumstances Where Notification is not Appropriate - APP covers the exceptions to the embassy notifications and the required actions of the Custody Officer.

Essential Written Documents- Annex M - APP covers the requirements of Annex M of PACE to serve relevant written documents in the relevant language to detainees as required.

Human Trafficking, Extortion & Smuggling - APP covers vulnerability considerations when dealing with individuals who may be the subject of human trafficking, extortions and/or abuse.

Clandestine Entry & UKBA Detainees - APP covers the increased welfare risks and process for dealing with a foreign national subject of clandestine entry.

Transvestite & Transsexual Detainees -

APP gives guidance on dealing with transvestite or transsexual detainees, including the approved method of dealing with a strip search.

Respect & Consideration - APP gives guidance intended to maintain the dignity of the officer and the detainee involved in a search.

Gender Recognition Act 2004 - APP covers the provisions of the Gender Recognition Act and the appropriate responses and actions.









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Children & Young Persons

Terminological note 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.

Children & Young Persons -

APP covers the legal and procedural requirements when dealing with a child or young person who forms part of this protected group.

Where no age is available, is not provided or obtainable a Custody Officer must decide if they are going to treat the detainee as a child. APP and local procedures covers the post charge remand transfer of children and young persons to local authority accommodation.

Arrest & Detention of Children & Young Persons -

APP covers the Code G considerations around arresting a child or young person. APP covers that the provisions of PACE must be strictly adhered to ensure expeditious progress. APP covers the overnight detention process.

Assessing Vulnerability & Risk -

APP gives guidance on safeguarding issues and the difficulties of assessing risk in children.

Factors Which Increase Risks to the Safety & Wellbeing of Children & Young Persons -

APP covers an extensive list of considerations for Custody Officers in dealing with children.

Risk to Others - APP covers a list of risks and considerations regarding risk posed by children.






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Rights of Children & Young Persons in Police Custody - APP covers considerations when providing the options of rights to children and appropriate adults.

Detention Rooms & Cells -

APP covers the requirements of new build custody units to provide separate areas for children and young people.

Searches of Children & Young Persons -

APP gives detailed guidance on the searching of children and young persons.

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.

Sharing Information & Duty to Cooperate -

APP covers the requirements of the Children Act 2004 in respect of sharing information.

Responsibilities of the Police - APP details the requirements placed on the police to refer relevant detainees to the appropriate partners. APP details the requirements placed on the police to pass details of detainees to Youth Offending Teams.

Youth Offending Teams - APP explains the make-up and purpose of a YOT.

Local Safeguarding Children Boards - APP explains the rationale behind the existence of the LSCB and relevant requirements.








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Girls -

Girls under the age of 18 must be under the care of a female whilst being detained, conveyed to and from court, or waiting to be conveyed. This is a requirement under Section 31 of the Children and Young Person’s Act 1933

Under the Care of a Woman - This term usually refers to a female police officer or female police staff. Subject to the risk assessment the carer need not be physically present with the detainee at all times, but must be readily available and assigned to the detainee throughout the period of detention. The assigned responsibility can be shared by more than one female carer at any time. The name of the nominated female carer/chaperone must be recorded in the custody record. APP covers the responsibilities of an assigned female carer.

Transportation of Children & Young People -

APP covers the detention and transport expectations in respect of children and young persons.

APPROPRIATE ADULTS -

APP covers the expectations around provision of appropriate adults.

When should an appropriate adult be contacted? - APP covers the notification and attendance expectations for appropriate adults.

Appropriate adults should attend as soon as practicable to minimise the length of time children and young people 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.

Providing appropriate adult support for children & young people with mental ill health or

learning disabilities - APP covers considerations when dealing with children and young persons with mental ill health or learning disabilities.

Officers and staff should be aware that: The presence of an appropriate adult is not an adequate substitute for legal advice. A mentally vulnerable detainee may require extra time and help in understanding the legal process. A suspect with mental ill health or learning disabilities may be more unlikely to ask for a solicitor.

Who can be an Appropriate Adult? - APP covers the PACE definition of an appropriate adult.








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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.

Points to consider when appointing an Appropriate Adult - APP covers that it is useful for the appropriate adult to have knowledge of the young person’s circumstances and background. To this end YOT should make enquiries regarding the young person.

Alternative Arrangements when a Parent or Guardian cannot act as the Appropriate Adult

APP covers that arrangements for alternative appropriate adults should exist and details the occasions when parents and guardians should not be used.

PACE Transfers -

Individual force policies exist that cover this section of the COP. PACE BED PROVISION ACROSS BCH

FORCE PACE BED LOCATION

BEDS EDT must be contacted in all cases and the outcome of the EDT call recorded on the custody record including name of contact at EDT. (PACE bed availability currently being developed May 2017)

CAMBS EDT should be contacted in the first instance. *In the event of no availability contact via EDT. Hawthorn Children’s Home Haviland Way Cambridge CB4 2RA

HERTS Custody staff will contact EDT who contact foster carers listed as willing to receive young people who have been remanded. This list is not available to police and is for EDT use only who will assist on a case by case basis.

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. BCH 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.




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Mental Ill Health & Learning Disabilities -

The College of Policing have now published a new Mental Health APP which replaces guidance previously entered in the Custody APP. BCH Policies and procedures are currently being assessed against the new Mental Health APP. The Mental Health – Detention Section can be found HERE

Vulnerability Assessment -

Vulnerability assessment must form part of every detainee’s arrest considerations and every 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.

http://www.app.college.police.uk/app-content/mental-health/

http://www.app.college.police.uk/app-content/mental-health/mental-health-detention/



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VULNERABILITY ASSESSMENT FRAMEWORK The following factors should be considered for every detainee arriving into 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 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?

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Mental Health Definitions and Terminology

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.

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, eg, 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.

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, eg, people with Down’s syndrome (which is classed as a learning disability).


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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.

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. The NAS has also produced a practical guide for all criminal justice professionals who may come into contact with people on the autism spectrum – as victims, witnesses, suspects or offenders. It is based on the experiences of people with autism and those who work with them, and contains real-life examples and personal accounts by professionals. A definition and explanation of ‘mental capacity’ is available here..

http://www.autism.org.uk/about/what-is.aspx

http://www.autism.org.uk/working-with/criminal-justice/autism-a-guide-for-criminal-justiceprofessionals

http://www.app.college.police.uk/app-content/mental-health/mental-capacity/

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Mental Health Act Detainees Individual force policies exist that cover mental health detention. Continue to follow local force policies during the review and development of the collaborated BCH COP.

A Place of Safety - 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. The Policing and Crime Act 2017 states that those detained under Section136 MHA can only be detained at a Police Station for 24 hours. This can be extended by a Doctor up to 36 hours, with the approval of a Police Superintendent. Once detained, the custody officer must ensure several things happen:

A check by a healthcare professional every thirty minutes

Wherever possible, there should be a constant healthcare presence throughout the person’s detention

If the original grounds for using the police station cease to apply, the person must be transferred elsewhere

If the custody sergeant is not able to ensure the relevant frequency of health checks, the person must be transferred elsewhere

Local Policing Officers detaining under Section 136 MHA 1983 should follow local force policies by making use of the below locations.

FORCE 136 SUITE LOCATION

BEDS Jade Ward L&D Hospital Colnwood Road Luton LU4 0FB 07930445215

CAMBS Mulberry 1 Fulbourn Hospital Fulbourn Cambs CB1 5EF 01223 218616

HERTS Kingfisher Court Kingsley Green Harper Lane Radlett WD7 9HQ 01923 633000



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Transport to hospital under Section 136 MUST be in an ambulance as per the MHA Code of Practice

Police custody must not be used because of a ‘lack of space/beds’ and should only ever be used in exceptional circumstances.

Use of Force, Restraint & Handcuffing - Although the word ‘arrest’ is not used in section 136 MHA 1983, detention or removal under this section is a preserved power of arrest under Schedule 2 PACE and therefore officers may use reasonable force. Officers should not use methods of restraint on people with mental ill health or vulnerabilities, however, unless absolutely necessary. They should reserve this for emergencies and circumstances in which the safety of the subject, the public, police officers and other professionals is at risk. The National Decision Model has been designed to support appropriate and proportionate risk assessment. When control or restraint tactics are necessary, officers should follow the Personal Safety Manual and local procedures on safe restraint to minimise the risk of harm.

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.

The outcome of the assessment - 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.)

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/396918/Code_of_Practice.pdf

http://www.legislation.gov.uk/ukpga/1984/60/schedule/2

http://www.app.college.police.uk/app-content/national-decision-model/the-national-decision-model/




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Options when there is no legal authority to hold a vulnerable detainee that requires further support There are occasions when it becomes apparent through pre-release risk assessment that a detainee is extremely vulnerable and that there is a real and credible risk to that individual on release (including the risk of suicide). If an MHA 1983 assessment has been completed in police custody and no hospital or mental health trust bed is available for the person’s admission, the custody sergeant must decide whether or not to release the detainee (under section 34(2) PACE). Before this decision can be made, however, the Custody Officer is likely to require a period of discussion with the investigating officer and their supervisor. They may also need to refer the matter to the Crown Prosecution Service for a statutory decision about whether to bring charges. If, following this discussion and referral period, no application for admission has yet been made, and if the AMHP cannot or will not make the application, the Custody Officer must legally release the person from police detention. The Custody Officer should advise the investigating officer and AMHP of their legal position so that they may then take whatever action is deemed necessary. Officers cannot rely on section 136 MHA 1983 after release because detention under section 136 is ‘for the purposes of assessment’ and in this kind of situation the assessment will have already occurred. Forces may take the view that, based on a risk assessment and for the dignity and safety of the person concerned, they will allow the individual to remain in the police station (although the individual will not be subject to legal detention) while escalating the problem to managers on all sides for resolution.

Communication -

APP gives guidance on how to communicate with persons with Mental Health

Approved Mental Health Professionals

The provision of Mental Health Professionals in BCH 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.

Interview & Appropriate Adults -

Whenever a Custody Officer has any suspicion or has been told in good faith that a suspect may be mentally disordered (as defined in section 1 MHA) or otherwise mentally vulnerable, they must request an appropriate adult to be present. See PACE Code C paragraph 1.4. Note 1G of PACE Code C states that, 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. 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.

http://www.legislation.gov.uk/ukpga/1983/20/section/1







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Role of an Appropriate Adult - APP includes a link to the Home Office Guide for Appropriate Adults

Custody Exit & Aftercare Strategies - APP includes full guidance on Pre-release risk assessment. Officers should be guided by Risk of self-harm and suicide after release within Detention and Custody APP.

http://www.app.college.police.uk/app-content/detention-and-custody-2/risk-assessment/#risk-of-self-harm-and-suicide-after-release



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Deaths in Custody & Successful Interventions

Deaths in Custody & Successful Interventions/Adverse Incidents -

APP covers the five categories which define a death in custody or a death following contact with the police.

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.

APP covers the steps to follow under each of the five categories

BCH 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

Investigation of a Death or Serious Injury in Custody -

APP covers investigation, the Article 2 ECHR implications and statutory referral to IPPC criteria.

Corporate Manslaughter & Corporate Homicide Act 2007 - APP covers how this act relates to custody provision including the duty of care to detainees and staff.

Securing Evidence -

APP covers that responsibility for securing evidence rests with the police until such time as the IPCC takes over the investigation. APP covers initial and detailed accounts given by officers and staff and the responsibilities of officers and staff to ensure the disclosure, recording and retention of any information relevant to the case.

Effects of Witnessing a Traumatic Incident - Officers or staff who have been involved in a traumatic incident often experience a range of physiological and psychological responses which may determine their perception of time, distance, auditory and visual stimuli and the chronology of key events. This may affect their ability immediately after the incident to recall what may be important detail. Where, over time, officers and staff recall more information, they should record this in a further account.







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Learning the Lessons –

Police forces must have established policies and procedures to ensure that deaths and successful interventions are reported, recorded, investigated and analysed. In addition, they must collate, disseminate and implement the lessons learnt. Forces should follow the lessons, even when the incident is not being investigated as a conduct matter or complaint. For further information see Learning the Lessons and actions taken by forces in response to the IPCC recommendations on the IPCC website.


http://www.ipcc.gov.uk/recommendations

http://www.ipcc.gov.uk/recommendations


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Buildings & Facilities APP covers multiple considerations in respect of the custody estate and the facilities within. APP highlights the requirement to ensure anything to be included in custody is tried and tested before installation.

Design & Maintenance of a Custody Suite-

APP gives specific guidance on the below key areas:

Ensuring Cells are fit for Occupation

Cells

Hatches

Doors

Booking in Area

The Exercise Yard

Cell Call Systems

Entry to the Custody Suite

Holding Areas

Separation

Cell Corridors

Alarm Systems

Health & Safety -

The Health and Safety Executive defines a hazard as ‘anything with the potential to cause harm’, and a risk as ‘the likelihood that a hazard will cause a specified harm to someone or something’. Police forces and all of their officers and staff have a responsibility under health and safety legislation to identify hazards and risks. APP covers many aspects of health and safety in custody in particular the below areas:

Ligature Points

First Aid Equipment

Suicide Intervention

Cleaning

Custody Suites at Non-Designated Stations –

Not applicable across BCH




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Inspection & Maintenance Regime -

Individual force policies exist that cover this section of the COP. Continue to follow local force policies during the review and development of a collaborated BCH COP.

APP covers suggested inspection and maintenance regimes for custody.

CCTV -

CCTV in BCH 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. A BCH CCTV policy is to be developed.

APP covers the below areas relating to CCTV use in custody.

Legal Compliance

Retention of Images

Planning and positioning of CCTV

Access to Images

Detainee Privacy

Pixilation

Retrieval & Storage

Extracting Images

CCTV Signs

Responsibility for the CCTV System

Use & Monitoring of CCTV-

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.

Continual CCTV Cell Monitoring - 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.





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Wellbeing Checks - 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.

The Custody Record - 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 CCTV code. 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.

Disclosure - Criminal Procedure & Investigations Act 1996 - 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.

Independent Custody Visitors - 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 IPCC 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.

Audio Recording -

APP covers that refurbished or newly built custody suites may have a cell intercom system that allows custody staff to talk to detainees without having to go into the cell. APP advises that where justified, the listening system can be left on to provide additional, limited monitoring of detainees. If the listening system is to be used in this way, officers should make the detainee aware of this. Forces should display a sign to alert all detainees to the presence of the system and its use.






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APPENDIX 1 RISK ASSESSMENT QUESTIONS – AIDE MEMOIRE These questions are not exhaustive, they are the minimum level of questioning required by the college of policing APP. Record detainee responses in either the risk assessment or the custody record. Detail in the care plan what actions you are taking to mitigate and manage any risks identified.

Use PNC, and other intelligence sources to gain information regarding the detainee.

Use the vulnerability assessment framework.

Ask the escorting officer about any known or suspected risks.

Ascertain family details if more information is required

HCP’s have access to detainee medical records including what medication they may be taking and who their GP is.

You need to be aware of all the risks to make an informed decision about how to care for the detainee.

1. Recent incident history last use of drink/drugs

Have you consumed any alcohol or drugs within the last 24 hours

Are you alcohol dependant o If yes, how much do you drink? o How often? o When was your last drink o Are you withdrawing?

Are you dependant on illegal drugs o If yes, what do you take? o How often? o When did you last take anything? o Are you withdrawing?

Are you dependant on prescription drugs o If yes, same questions as above

Are you dependant on any other substance o If yes, same questions as above

2. Any medical conditions illness, injury or allergy?

How do you feel now?

Do you have any illnesses? o If yes, what are they o How do they affect you? o Have you seen a doctor?

Are you injured? o If yes, have you been to hospital or seen a doctor?

3. Receiving any treatment for any illness, disability or mental health problems?

Are you under a doctor or consultant for any reason?

Are you suffering from any mental health or depression? o If yes to either, ask what for and what treatment

4. Are you taking any medication?

Do you take any tablets or medication? o If yes, what are they? o What are they for? o How many do you take? o When are they next due? o Where are they now?

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5. Do you need to see doctor at this stage?

If answered yes to ANY question o What is the name of your GP and GP’s surgery o Do you have a family member who is aware of your health problems? o Is there anything I can do help?

6. Have you ever tried to harm yourself?

What did you do?

How often?

How long ago?

Have you sought any help?

Do you have self-harm feelings now?

7. Do you experience any learning difficulties?

Are you in contact with any medical or support service? o If yes, what is the name of your support worker?

Do you have a card that tells you who to contact in a crisis?

8. Can you read and write? Additional questions that should also be asked: “Do you have, or have ever held another nationality?” “Have you ever served in HM Forces?”

REMEMBER

Female Detainees o Hygiene Packs o Access to a female staff member

Any carer responsibility?

Any dietary or religious needs? ALWAYS ASK THE OFFICER WITH THE DETAINEE PRESENT. “IS THERE ANY FURTHER INFORMATION, THAT YOU ARE AWARE OF, THAT MIGHT ASSIST ME TO CARE FOR THIS DETAINEE?” RECORD THE ANSWER TO THIS QUESTION ON THE CUSTODY RECORD.