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E 0101 procedure - detainee reception

PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
About this Procedure
This procedure provides guidance and instruction on the actions to be taken by Essex Police staff when an arrested person is received at any designated police station in Essex. The legislation underpinning this procedure can be found in the Police and Criminal Evidence Act 1984, Part IV and in Code C to the Act. Risk Assessments/Health and Safety Considerations
All persons detained at a police station must be subject to an ongoing, continuous risk assessment. This process commences at the time of their arrest or detention and continues on arrival in custody and throughout the entire period of their detention - see E 0104 Procedure – Post Reception Detainee Care. 3.0 Procedure
Arrival at Custody
All detainees must be seen by the custody sergeant as soon as practicable after their arrival at a police station. Once a detainee has arrived at a police station it is no longer an option to: Issue them with a Penalty Notice for Disorder (PND) before they have been before the custody sergeant to have their detention authorised. Where a significant delay is likely to occur between arrival at a police station and putting the detainee before a custody sergeant the escorting officer will carry out an assessment of the risks the detainee may present. This assessment will consider the risks presented by the individual detainee and will take into account other persons within the custody holding area. The purpose of the risk assessment is to determine the most appropriate place to hold the detainee whilst awaiting the attention of the custody sergeant. Where an appropriate place is not identified the custody sergeant should be notified and arrangements made to fast track their access into custody. Where a person has been detained on suspicion of driving whilst under the influence of drink or drugs, the custody sergeant will be notified at the earliest opportunity. Unless impractical to do so, that detainee will be fast tracked into custody. Opening the Custody Record
The custody sergeant is responsible for the creation of a custody record in respect of each detainee. This will be created on the NSPIS custody system. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Where the system is not available the fallback procedure will be to use the KIM custody system. This means that a record will be made on a paper version of the NSPIS custody record. This will be back record converted onto the NSPIS custody system when appropriate by custody staff. It is the responsibility of the Custody Manager to ensure that paper versions of the NSPIS custody record are available if either system is not available. In cases where a person has been detained under section 23 of the Misuse of Drugs Act, and has been brought to a police station to enable them to be searched, that person is not under arrest and a custody record will not be created. The custody record must be used to record all matters relating to the detainee. The custody sergeant is responsible for the accuracy and completeness of the custody record. Each entry on the custody record detention log must be signed, timed and dated by the member of staff making the entry and will include details of the person carrying out the visit of the action. Whilst a detainee is in custody a solicitor or appropriate adult will be permitted access to that detainee’s custody record as soon as practicable after they make such a request. After leaving police detention the detainee, their legal representative or appropriate adult will be given a copy of the custody record upon request. This entitlement lasts for 12 months from the detainee’s release. A detainee, their legal representative or appropriate adult will be permitted to inspect the original custody record after the detainee has left police detention provided that they give reasonable notice of their request. In these cases they will not be entitled to view the electronic version of the custody record but will be provided with a hard copy version printed whilst they are present. Custody Sergeant’s Initial Responsibilities
The custody sergeant must ensure that the following activities are carried out in relation to each detainee: • The custody sergeant will be responsible for checking the correct application of restraints and making a decision whether to remove handcuffs from a detainee; • The rationale for the use of restraints and their position on the detainee will be • Consider and record the grounds for detention or issuing of bail; • Record any relevant information about the detainee; PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
• Check PNC, NSPIS CUSTODY SYSTEM and any other local intelligence systems, • Visually assess the detainee’s general health and any injuries, recording and interpreting behaviour in the context of health and risk issues; • Detainees should be asked if they have any disability; • Where the detainee refuses to provide their details or there is doubt about their identity, reasonable efforts should be made to identify the detainee. The use of LIVSCAN or other technologies to assist should be considered. • If the detainee has been in custody before, check the NSPIS Record, particularly with regard to Risk Assessment and warnings. Arrange for PNC warning markers to be added where appropriate; • Determine, in consultation with healthcare professionals if necessary, if the person is fit to be detained and fit to be interviewed; • Consider the need for attendance of an appropriate adult for vulnerable detainees; • If the detainee has been brought to the custody suite by Prisoner Escort Contractors (currently SERCO) from court or prison, or by police from another police station, check the Person Escort Record (PER) assessment and take any action necessary. Make an entry on the custody record including the risk assessment detailing the actions taken; • Record and act on behaviour or information that may suggest a detainee is likely to • Search for and remove items in accordance with PACE, Code C (see 3.6 below • Ensure that information about a detainee’s welfare and risk is communicated to relevant staff and, where appropriate, other agencies; • Check that only approved restraint techniques and equipment has been used. Ensure form PERS 47 is completed as appropriate; • When in doubt, consult a healthcare professional and monitor the detainee’s • Ensure that detainees are checked at intervals dictated by their condition and the The above checklist is not exhaustive and all relevant factors should be considered. Where the custody sergeant refuses to authorise detention, a custody record must still be created. • Select ‘Detention not authorised’ under the reason for detention on NSPIS; • Fully explain the rationale for not authorising detention on the detention log; • Provide the detainee with a full explanation; • Provide guidance to the investigating officer on how they should now proceed with the matter in light of the refusal of detention. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Risk Assessment
It is the custody sergeant’s responsibility to ensure that a comprehensive risk assessment is carried out in respect of each detainee. Adherence to 3.1 and 3.2 above will help to ensure that this occurs. In all cases where the risk assessment process cannot be fully completed on initial reception the custody sergeant must complete a detention log detailing what enquiries they have made to assess the level of risk and their directions for the level of supervision the detainee will receive. Under no circumstances should a detainee be in custody without any assessment of risk being recorded on the custody record. It should be remembered that those under the influence of drink or drugs or those that are particularly violent or highly stressed present more risk due to their conditions. As soon as it is practical to do so the detainee should be asked the questions on the risk assessment tab and their answers recorded. This will often coincide with the formal issuing of rights. The risk assessment in relation to each detainee must be ongoing throughout their entire time in police detention. Changing events and circumstances individual to the detainee and more generally within the custody suite may impact on, or contribute to, changes in the detainee’s mood or behaviour. Every detainee is a potential risk. Risk assessment must be objective and assumptions should never be made when assessing risk. When carrying out the initial risk assessment in respect of a juvenile detainee consideration must be given to specific areas which could adversely impact upon young persons. For example the risk to a young person from excessive alcohol consumption is likely to be much greater than to an adult. Where a detainee is brought into custody wearing wet clothing and they are not to be immediately released (charged/bailed or NFA) then they must be provided with alternative clothing. To fail to provide such a detainee with alternative clothing would be to expose them to the risk of hypothermia. This is a particular risk to detainees who are intoxicated. All identified risks will be recorded on the custody record and where any staff identify risks or changes in circumstances which may lead to additional risk they will ensure that the custody sergeant is notified. The custody sergeant must ensure that those risks are documented and managed. It is the responsibility of the custody sergeant to ensure that all relevant staff are briefed about any risks. Additionally it is the responsibility of all custody staff to ensure they are aware of the current risks associated with detainees in their care. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Fit to Be Detained
The custody sergeant has a responsibility to ensure that any detainee is fit to be detained in police custody. Where a custody sergeant has decided that medical attention is required before a decision may be made as to whether a detainee is fit to be detained they will ensure that a Health Care Professional (HCP) is called and that detainee is examined. Where an HCP indicates that the detained person is fit or is unfit to be detained in police cells, they will complete the medical record on the NSPIS system. Any medical directions or treatment required must also be recorded on the custody record and must be followed by Police. Where an HCP indicates that a person is not fit to be detained in police cells the custody sergeant will facilitate the release of that person as soon as possible. The custody sergeant will seek the views of the HCP to ensure that the person receives appropriate care, if required. Depending upon the circumstances the release will either be with or without bail from the custody suite or such other premises, e.g. hospital, which the person may be taken to for treatment. The custody sergeant will apply the most effective method of release depending upon the cause of the arrest or outstanding enquiries. . If an HCP certifies that a detainee who is taking drugs is fit to be further detained, or prescribes drugs to a detainee, the HCP must be invited to indicate a time when the person will be fit for interview. They must also be asked to describe any potential side effects of the taken/prescribed drug which may impact upon the interview process, and to record these observations on the NSPIS medical forms. For a custody sergeant’s responsibility to determine a detainee’s fitness for interview see E0104 Procedure – Post Reception Detainee Care. Searching Of Detainees
The custody sergeant has a responsibility to ensure that they ascertain everything that a detainee has in their possession when they are brought to a police station after being arrested or after being arrested at a police station. In order to be able to comply with above the custody sergeant will cause the detainee to be searched to the extent believed necessary. The rationale behind this decision must be recorded on the custody record. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Any search of a detainee will be by a police officer or detention officer who must be the same gender as the detainee. If the member of staff searching has any doubt over the gender of the detainee they must immediately address their concerns to the custody sergeant. It may be that a detainee is identified as a transvestite (person who dresses in
clothes of the opposite gender) or a transsexual (a person who has a persistent wish
to live in a gender role other than that suggested by gender from birth).
Where a detainee possesses a full Gender Recognition Certificate (issued under the Gender Recognition Act 2004) they must be treated as being the gender specified in that certificate. They do not need to be in physical possession of the certificate to be treated as such. Note: There is no power to demand the Gender Recognition Certificate. The detainee
does not have to produce the certificate to an officer if a request is made.
In the absence of such a Certificate the custody sergeant will apply the following principles in order to establish the ‘preferred’ gender of the detainee and what gender they should be treated as: If there is no doubt about the gender of the detainee, or there is no reason to suspect the person is not the gender they appear to be, they should be dealt with as being that gender. If there is doubt about the detainee’s gender they should be asked what gender they consider themselves to be and what gender they would be preferred to be treated as. If a detainee expresses a preference to be dealt with as a particular gender this should be recorded on the custody record. In certain cases, where the individual is in the process of changing gender, it may be necessary for a male and female officer to complete different parts of the body search process. If the detainee is unwilling to make such an election efforts should be made to determine the predominate life style of the detainee. If, for example, they appear to live predominately as a woman they should be treated as such. If there is still doubt, the detainee should be dealt with according to the gender that they were born. Once a decision has been made about which gender a detainee is to be treated as, before a police officer or detention officer searches that detainee, they shall be advised of the doubt as to the detainee’s gender. It is important that this is done to maintain the dignity of staff involved in the search. Essex Police accept that there is a possibility that a technical breach of section 54 of PACE and Code C may take place. It is considered that any such breach would be justified and unlikely to result in the subsequent exclusion of evidence under section 78 of PACE. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
However, any such action will be fully detailed in the custody record and the detainee asked to sign to the effect they consent to the conditions of such a search. Any search of a detained person, to whatever extent, must be done thoroughly and the importance of that thoroughness cannot be over emphasised. A hand-held metal detector and protective gloves should be used in the searching of all detainees. The custody sergeant will authorise the seizure and retention of any article(s) possessed by the detainee if there are reasonable grounds for believing the article: • May be used by the detainee to harm themselves or others; • Could be used to interfere with evidence ; • May be used to aid an escape or cause damage. The custody sergeant shall record details of all property on the NSPIS custody record. Medical Treatment & Attention
The custody sergeant is responsible for ensuring a detainee receives medical attention, as soon as reasonably possible, if it appears that that person is: • Otherwise in need of clinical attention. This responsibility still applies even where the detainee makes no request for medical attention or where they have received medical attention elsewhere. Where it appears medical attention is urgent the custody sergeant will immediately cause an ambulance to be called. The custody sergeant’s responsibility to seek medical attention does not automatically extend to minor ailments or minor injuries, albeit any doubt must be resolved in favour of calling an HCP. The custody sergeant must record all such aliments and injuries on the detainee’s custody record together with what action was taken or why no action was taken. Where the detainee requests a medical examination the custody sergeant will ensure that an HCP is required to attend as soon as is practical. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
The detainee may request to be examined by their own doctor, at their own expense. It is important that medical examination of a detainee should not be delayed because of the non-arrival of the HCP or of the private doctor. The examination by either doctor should therefore take place as soon as possible after the first doctor/HCP arrives at the station. An examination by a private doctor will usually be conducted in the presence of the HCP, but if they are not in attendance at the time it should be conducted in the presence of a police officer of the same gender as the detained person. The detainee will be informed prior to the examination of this possibility. An HCP who completes an examination before the arrival of the private doctor must be requested to await the examination by the latter. A private doctor who completes an examination before the arrival of the HCP must be informed of the impending examination by the latter, and may properly decide to be present. A record of all medical attention provided will be made on the custody record this will include the: • Time and date of the commencement and conclusion of any medical attention Where a detainee has been examined by an HCP that person will record any clinical findings and directions for the care of that person on the custody record. Any confidential information not connected with the detainees detention will be recorded on a separate clinical report and retained by the medical service. Directions concerning the frequency of visits, medication prescribed and other care must be clear and precise. The custody sergeant must ask for clarification if any oral or written clinical directions given are unclear. Updating the ongoing risk assessment relating to the detainee remains the responsibility of the custody sergeant and must be considered in consultation with the HCP. An action plan for the care of the detainee should be agreed. Any disagreement, along with the decision making process, must be recorded on the custody record. An appropriate adult may not be given access to a detainee’s medical records unless the detainee has given express permission for them to do so. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
3.8 Medication
Where it is known that a detainee requires medication the custody sergeant is responsible for: • The safekeeping of the medication in secure facilities; • Providing the detainee with the opportunity to take the medication at prescribed • Ensuring the correct medication is given and at the right dosage; • Recording relevant information on the custody record; Medication may have been brought in by any of the following means: • By a detainee, friend, relative or by police officers when arresting/detaining the • Following medical examination provided by an HCP or medical staff following No medication will be administered to a detainee without it being checked first by an HCP and in accordance with the directions of that FME or HCP. The only exception to this is where the police collect a prescription, issued in custody to a detainee, directly from a chemist on behalf of that detainee. Clear written instructions must be provided by the HCP on NSPIS. These instructions must include: • Quantity (number of tablets or capsules) required at stated times; • Special instructions, eg taken with/before/after food ; • Disposal of unused medication, eg action to be taken on detainee’s release or A small stock of Ventolin inhalers and angina sprays are retained securely in custody suites, to be accessed by the custody sergeant. Custody sergeants may not allow a detainee to use any stored inhaler without prior reference to an HCP. If the HCP is fully satisfied that an asthma inhaler or angina spray is appropriate, s/he will advise the custody sergeant. All actions taken in relation to the inhaler/spray must be recorded on the custody record. HCP’s are responsible for their actions, and are aware that all advice/instructions given by them will be recorded on the custody record. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Other than the limited use of an asthma inhaler or angina spray, as described above, all medication will be administered or supervised by custody staff with the authorisation of the HCP. Custody staff must check that the correct medication is given to the right detainee at the appropriate time. This action must be recorded on the custody record. Custody staff must take care to ensure that medication is actually taken and that the detainee is prevented from hoarding it. Staff should request that the detainee opens their mouth to show that the medication has been swallowed. Note: there is no power to enforce this request. Controlled drugs can only be administered in custody by an HCP. However, in certain circumstances the detainee may self administer drugs under the personal supervision of the HCP authorising their use. The Criminal Justice & Offender Command is responsible for maintaining procedures for the safe storage and handling of medication. Where a detainee is released or transferred from custody any remaining medication will be disposed of in accordance with the instructions contained on the Custody Record. In general this will fall into one of the following categories: • Medication provided by the HCP for use in custody within custody. Our
medical service will endeavour to supply medication sufficient for the anticipated detention period. Any medication remaining on release will be retained and left for the medical supplier to recover and destroy. • The main exception to the above is where a course of antibiotics have been
prescribed. In this case the medication will be returned to a released detainee or, if under escort, sealed in a property bag and handed to the escort. • Medication that has previously been prescribed to the detainee in their own
right will be treated as detainee’s property. It will either be returned to the
detainee or sealed in a property bag and handed to the escort. Our medical
service will still need to confirm that the medication can be given whilst in custody.
IN RARE CASES the pre release risk assessment may disclose serious concerns
about allowing a depressed or suicidal detainee to be released with a large amount of medication even though they are entitled to retain it. Custody Sergeants are advised to seek medical advice in these cases to ensure that no harm can come to the detainee if medication is withheld. Providing the rationale is clearly recorded in the custody record, Essex Police will support the short term retention of medication until it can be passed to a suitable person on behalf of the detainee. Communicable Diseases
Whenever a detainee is known to have a communicable disease advice will be sought from an HCP. Custody staff must seek early identification of such detainees. Information may be obtained from the detainee, the PNC or local intelligence systems. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
It is essential that information about any identified or suspected communicable disease is passed onto the relevant staff but this need must be balanced with the responsibility to protect the detainee’s privacy. Where custody staff identify, or reasonably suspect that a detainee may be suffering from a communicable disease that detainee and his/her property may be held in isolation until clinical directions have been obtained. When a detainee is to be transferred all relevant information about identified or suspected communicable diseases must be recorded on the PER form. Guidance on Communicable Diseases and the Control of Infection can be found on the Health and Safety Website. In addition to the above custody staff may come into contact with detainees infected with the following conditions: Methicillin- resistant staphylococcus aureus (MRSA): Staff should always wash their
hands thoroughly and wear disposable gloves when handling used dressings. Cuts
and broken skin should be covered with waterproof plasters.
Norwalk virus (Norovirus): This infection is spread through eating or drinking
contaminated food or liquids, or touching surfaces or objects that are contaminated
with the virus and then placing the hand in the mouth. When infected people may
display symptoms of sudden nausea and vomiting, diarrhoea and stomach cramps.
After a detainee with a communicable disease has been released from custody advice can be sought from an HCP as to what would be the appropriate method of cleaning the cell and any bedding, including the mattress. Once advised arrangements must be made to carry out this cleaning before another detainee uses the facilities. 3.10 Juveniles
Juveniles will only be placed in a cell if there is no suitable detention room available at the police station where they are located. All female detainees under the age of 17 must be under the care of a woman while being detained, conveyed or waiting to be so. ‘Under the care of a woman’ in this context means a female police officer or female member of staff must be assigned responsibility for the care of a female detainee under the age of 17 years while they are in police custody. Subject to the risk assessment the ‘carer’ need not be physically present with the detainee at all times, but must be readily available. Each case must be treated individually and consideration must be given as to whether a carer should be physically present or not. The assigned responsibility can be shared by more than one female carer. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
On being assigned, the carer should arrange with the custody sergeant to visit the detainee and check on her welfare needs. The carer must be informed of any matters affecting the well being of the detainee and should regularly check on her welfare. The detainee should be told that she can ask to see the carer at any time. A record that the detainee has been informed as above will be made on the detention log of that detainee’s custody record. 3.11 Appropriate Adults
The requirement for the presence of an appropriate adult is governed by PACE, Code D 2.15. Essex Police policy is that we will comply with the requirements of PACE and fingerprints, photograph and DNA samples will not be taken from any detainee who requires an Appropriate Adult until that Appropriate Adult has arrived at the custody suite and has spoken to the detainee. The only exception to this is where the identity of the detainee is not known or the custody Sergeant believes that the information given by the detainee is not correct. In these circumstances only, the detainee may have their fingerprints taken on the Livescan machine in order to confirm their identity. All other samples required will wait until the Appropriate Adult has arrived. It is the role of the Custody sergeant to decide whether an appropriate adult is required. An HCP can assist by advising whether there are medical conditions which would indicate an appropriate adult may be required but the custody sergeant must consider all aspects of vulnerability in determining whether the detainee will require the assistance of an appropriate adult whilst detained. The responsibility for any failure to provide an appropriate adult in cases where one is required lies with the custody sergeant. An appropriate adult is a parent, guardian or suitable relative who is responsible for advising and assisting a detainee and may be allowed private consultation with the detainee at any time. If none of the above are available, or their use is inappropriate, telephone contact should be made with the Essex Appropriate Adult Scheme. Where a juvenile detainee indicates that they do not want legal advice an appropriate adult has the right to ask a solicitor to attend if they consider it would be in the best interests of the detainee. However, the detainee cannot be forced to see the solicitor if they do not wish to do so. If a detainee requests to consult privately with a solicitor in the appropriate adult’s absence, they should be allowed to do so. This is the choice of the detainee and not of either the solicitor or the appropriate adult. 3.12 DNA Samples
A DNA sample is a non-intimate sample and must be taken in accordance with section 63 PACE and Code D. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Where a DNA sample is taken from a detainee the following must be recorded on the custody record: • The reason for taking the DNA sample (ie PACE section 63(2A) – arrested for • If force is used, the circumstances and those present; • Any consent given by the detainee (if appropriate) if consent is required and obtained this will be signed by detainee; • The fact that the person has been informed that the sample may be subject of a 3.13 Fingerprints
Fingerprints must be taken in accordance with section 61 PACE and Code D. Where fingerprints are taken from a detainee the following will be recorded on the custody record: • Any consent given by the detainee (if appropriate) if consent is required and obtained this will be signed by detainee. • If taken without consent, the reason for doing so, (i.e. PACE section 61(3) – • If force is used, the circumstances and those present • The fact that the person has been informed that the fingerprints may be subject of 3.14 Photographs
Photographs of detainees must be taken in accordance with section 64A PACE and Code D. Where a photograph is taken of a detainee the following will be recorded on the custody record: • The identity of the person taking the photograph; • Any consent given by the detainee (if appropriate) if consent is required and obtained this will be signed by detainee; • If taken without consent, the reason for doing so (i.e. detained at a police station, • If force is used the circumstances and those present. 3.15 Footwear Impressions
Impressions may be taken of a detainee’s footwear in accordance with section 61A PACE and Code D. PROCEDURE – Detainee Reception
Number: E 0101 Date Published: 24 November 2011
Where an impression is taken from a detainee’s footwear the following will be recorded on the custody record: • Any consent given by the detainee (if appropriate) if consent is required and obtained this will be signed by detainee; • If taken without consent, the reason for doing so (ie PACE section 61(3) – arrested • If force is used, the circumstances and those present; • The fact that the person has been informed that the impression may be subject of Monitoring and Review
Each division is responsible for putting in place measures to monitor the adherence of their staff to this procedure. Each division is also responsible for ensuring that no local guidance or instruction conflicts with this procedure. The procedure will be subject to a review by the Head of Criminal Justice Department within 12 months of the date of publication. 5.0 Related
Procedures
6.0 Related
Policies
7.0 Information
• Guidance on Safer Detention and Handling of Persons in Police Custody 2006

Source: http://www.essex.police.uk/pdf/E%200101%20Procedure%20-%20Detainee%20Reception.pdf

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