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Number: E 0101
Date Published: 10 January 2025
Version 22 – January 2025
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.
Compliance with this procedure and any governing policy is mandatory.
All detainees arrested for an offence or offences and NOT taken directly to a custody facility but due to medical or mental health issues are taken directly to hospital should be subject of a dynamic risk assessment by the arresting/transporting officers.
When an officer makes an arrest, they are personally responsible for the immediate 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, at which point a pre-detention risk assessment is carried out and recorded on the Custody Record.
Risk assessment means assessing any existing, known, or potential unknown risks that each detainee presents to themselves, staff, other detainees, and other users of the Custody Suite. 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 at the time 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.
Where issues are identified with a detainee that may indicate they are at risk of selfharm, suicide, likely to become violent or escape, or they display any form of behaviour that will put the detainee, officers, hospital staff or anyone else at risk then officers MUST open Form BQ009a - PER Form. Officers should utilise policing systems and their own knowledge to fill in the RISK INDICATOR on the PER Form,
examples of policing systems include Athena Intel and PNC. The Channel 32 Custody Allocation Sergeant can also be utilised to give advice, help assess risk and make a note of the issues presented to the officer in the event of mobile communications proving difficult. However, the expectation is that **** should only be used as a temporary recording mechanism and the PER form updated as soon as
practicable.
The PER Form will be maintained with sufficient detail so that any officer receiving a handover will be aware of all elements of the risk posed by the detainee and their stay in hospital. Officers giving and receiving the handover will endorse the PER Form to this effect and carry out their own, on-going risk assessments of the individual prior to arrival at the Custody Suite.
If officers have doubts over the detainee’s details, then they should utilise all means to confirm identity, such as: a mobile fingerprint scanner.
The PER BQ009a form is available from any custody facility and officers are encouraged to carry this form with them so that it is readily available when the need arises to record the risk assessment at the hospital. It is the officer’s responsibility to ensure that the PER Form is obtained or arrange for one to be brought to the hospital if the need arises. The Sergeant of the arresting officer will have the responsibility to ensure any actions required by this policy are carried out or transferred to another
Sergeant who may be better placed to oversee them. Advice can be sought from a Custody Sergeant.
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:
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 (such as an extended wait time in the holding cell) 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 consider other persons within the custody holding area. In addition, the nature of the offence should be considered so that there is no loss of evidence when there are significant delays i.e., apply the “Golden Hour” principals. When there is likely to be a delay in entry to the Custody Suite, the Custody Sergeant will come out to the holding cell area and triage detainees coming in. Escorting Officers must advise the Custody Sergeant of the risks presented in the Holding Area to ascertain whether the booking in process can be expedited.
The purpose of the on-going risk assessment within the Holding Cell 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 and/or there is a likelihood of a significant loss of evidence the Custody Sergeant should be notified and arrangements made to fast track their access into custody.
Violent Detainees - Officers transporting a violent detainee to the Custody Suite should inform **** (or other custody staff) of their impending arrival. Violent detainees should be prioritised in any queuing situation and brought into the station as quickly as possible. Other people should be removed from reception areas to prevent them being involved with or injured by the violent detainee. See E 0102 Procedure – Violent Detainees. If officers are unable to switch to **** because of the aggression shown by the detainee, then they should utilise the current Control Centre channel to inform custody.
Custody officers and staff should prioritise and triage vulnerable detainees as part of the booking-in process.
Where a person has been detained on suspicion of driving whilst under the influence of drink or drugs, **** operators will be advised of the facts, including the level of intoxication and the Custody Sergeant will be notified at the earliest opportunity.
Unless impractical to do so, that detainee will be fast tracked into the nearest Custody Suite and presented before the Custody Sergeant as quickly as possible so as to maximise evidential gathering opportunities.
Where detainees have been to hospital prior to arriving at a custody facility, the officers arriving at the Custody Suite with the detainee will be responsible for briefing the Custody Sergeant with the identified risks and any treatment and medication administered at hospital. The officer briefing the Custody Sergeant must ensure all information is passed and the Custody Sergeant will sign the PER Form to
acknowledge the handover. A copy of the Hospital Discharge letter must be obtained prior to leaving the hospital and provided to the Custody Sergeant at the point of handover. The Hospital Discharge letter should also be viewed by a Health Care Professional on duty at the time.
The Custody Sergeant will upload a copy of the PER Form and Hospital Discharge Letter to the detainee’s Athena Custody Record.
The Custody Sergeant is responsible for ensuring that a custody record is created in respect of each detainee. The Custody Record will be created on the Athena System within the custody element.
Where Athena is not available for any reason, the fall-back procedure will be to record the details onto a paper-based custody record. This will be back record converted onto Athena at the first available opportunity once the system is available. It is the responsibility of the Custody Manager to ensure that paper versions of the custody record are available if Athena and the custody element are 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. If an officer wishes to utilise a room within custody, the officers detaining the person under this legislation MUST report to the Custody Sergeant in the first instance and obtain permission to enter the Custody Suite for this person. The Custody Sergeant should allocate the officers an appropriate room to conduct the search and ensure that appropriate staff are available to conduct the search.
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 or the action.
Whilst a detainee is in custody a Solicitor/Legal Representative 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 date of 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.
The Custody Sergeant must ensure that the following activities are carried out in relation to each detainee:
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.
The Custody Sergeant will:
It is the Custody Sergeant’s responsibility to ensure that a comprehensive risk assessment is carried out in respect of each detainee once they arrive in the Custody Suite. Adherence to 3.1 and 3.2 above will help to ensure that this occurs.
In addition to the Athena risk assessment questions the Custody Sergeant will ask the arresting/escorting officer to disclose if they have seen or are aware of any information that could affect the assessment of risk relating to the detainee. The officer’s response will be recorded.
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 tend to present more risk to others and themselves due to their condition. 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 assessments 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. If a detainee is given custody clothing on release the OIC must be reminded it is their responsibility to ensure clothing is returned. Ideally the detainee should be transported by police and allowed to change at home so that clothing can be returned.
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.
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.
The assessment of risk is an on-going process and will always be subject to review if circumstances change. Custody officers are responsible for implementing the response to any specific risk assessment in line with Authorised Professional Practice and Code C of PACE. Custody officers and staff should be particularly aware that detainees are at an increased risk of inflicting self-harm in the period immediately following an interview or charging process.
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. In cases of apparent Mental Health issues the Custody Sergeant should arrange for the detainee to be moved to an agreed location for a Mental Health Assessment this may be in conjunction with an HCP or due to the Custody Sergeants own concerns for the detainee. Where the detainee is deemed to have mental health issues that warrant a Mental Health Assessment the Custody Sergeant should ensure the detainee is not intoxicated and able to travel safely either by ambulance or police vehicle.
Where a 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 custody computer application system. Any medical directions or treatment required must also be recorded on the custody record and must be followed by police.
Where a 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 custody computer application medical forms.
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.
Any search of a detainee will be by a police officer or detention officer who must be the same sex 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:
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.
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. Where the Custody Suite has a BOSS Pole this should also be used.
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:
The Custody Sergeant or the Detention Officer shall record details of all property on the custody record.
Before deciding on the extent of a search under Section 54 PACE, the Custody Officer must consider a number of factors, such as the circumstances of the arrest, offence any relevant warning markers.
The rationale for a Strip Search must be recorded on the Custody Record and include the following:
If the search may involve the exposure of intimate parts, the detainee should be informed of this and that as one part is searched, their clothing will be replaced before the next part searched to respect the detainee’s dignity. Officers should also be briefed that the detainee will not be asked to squat down, but they will be asked to place their arms out and bend forward.
A Standard Search requiring the removal of more than outer clothing will constitute a Strip Search and be recorded as such.
If the Custody Sergeant determines that there are no grounds for a strip search, but warning markers for concealing exist on PNC/Athena, then an appropriate entry providing the rationale for this decision must be recorded on the Custody Record.
Searches will be conducted in line with Authorised Professional Practice and PACE.
Custody officers must be cognisant of the case of Davies v Chief Constable of Merseyside and treat all removal of clothing as a search, attracting the required relevant authorities and considerations under PACE Code C annex A. In addition, E 0112 Procedure - Digital CCTV Systems in Custody emphasises that cells equipped with CCTV should not be used to conduct strip searches or searches that involve the sensitive search of religious or cultural items. Such searches should be carried out in private. Where it is deemed necessary and proportionate to conduct a strip search in a CCTV equipped cell, the custody officer will ensure: Full justification is recorded on the detainees custody record; the monitor is turned off or viewing of the monitor is restricted to a single member of the same sex for the duration of the search.
The Custody Sergeant is responsible for ensuring a detainee receives medical attention, as soon as reasonably possible, if it appears that that person is:
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.
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 HCP or 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:
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 detainee’s 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. After the HCP assessment has been completed the Custody Sergeant must sign the Athena HCP recommendations tab. The Custody Sergeant must receive a verbal update from the HCP and read their recommendations. The Custody Sergeant must record on the custody log that they have both read the HCP recommendations and received a verbal update. 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.
3.10 Medication
Where it is known that a detainee requires medication the Custody Sergeant is responsible for:
Medication may have been brought in by any of the following means:
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 the custody computer application. These instructions must include:
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. Where authorised, an inhaler or spray will be issued to one detainee and not for multiple use.
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.
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 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:
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.
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:
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.
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 18 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 Custody Staff must be assigned responsibility for the care of a female detainee under the age of 18 years whilst 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 should the female detainee request to see them.
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.
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 wellbeing 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 new nomination will be made by the Custody Sergeant during handover or when the existing staff member finishes their duty.
A record that the detainee has been informed as above will be made on the detention log of that detainee’s custody record. The entry will include the name of the nominated carer and that they have introduced themselves to the detainee.
An HCP will be called in every case where force is used on a juvenile during their period of detention. The Custody Sergeant will inform the HCP what happened during the incident and outline any concerns they may have prior to the examination. This will be recorded on the detention log.
A HCP will be called in all cases where a juvenile is held in police detention. The HCP will be informed of any reported issues in relation to the detainee. The Custody Sergeant/staff should report any concerns they may have in relation to CSE and Modern Slavery or their Mental Health. This should be recorded on the Custody Record.
Female detainees may be subject to additional risks which also need to be considered by the Custody Sergeant. When identifying the needs and vulnerabilities of a detained female, it is important to consider:
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.
Every female detainee will be provided access to a female member of staff. The female member of staff will be allocated promptly and the nominated person will introduce themselves to the detainee and explain their role as soon as it is practicable to do so. This will be documented on the custody record.
A new nomination will be made by the Custody Sergeant during handover or when the existing staff member finishes their duty.
Detainees should be advised that when using the toilet they will not be observed for privacy reasons and informed of the pixilation within the CCTV System unless a risk assessment prescribes otherwise. The observations will only be carried out by someone of the appropriate sex.
Special consideration should be given to menstruating detainees. Custody officers should ensure that detainees have an opportunity to indicate, privately to a female member of staff, whether they are menstruating, they should be asked at the earliest opportunity, in private if possible, if they require or are likely to require, any menstrual products whilst they are in police custody and, if so, inform them that they will be provided free of charge including any replacements.
Hygiene packs should be routinely offered to women on arrival and a variety of menstrual products must be available on request. Staff should take into consideration the additional needs of detainees who, for example, are menstruating or have an additional medical need on an individual basis. The manufacturer’s instructions for each product should be followed, including replacement timeframes, unless changes are requested more frequently by the detainee.
Hygienic and safe means are to be available for the disposal of used items. The detainee should be encouraged to dispose of the sanitary products in the appropriate bins provided. They should be discouraged from flushing them down the toilet system to avoid blockages in the sewage system.
When requested by the detainee replacement clothing should be provided.
Where a detainee has menstrual products removed as part of a strip or intimate search, they should be offered a replacement without delay.
Where the removal of menstrual products are considered necessary as part of a self-harm or suicide risk, it should be subject to further specific risk assessment. All alternative options should be fully explored before making a decision to remove menstrual protection.
All females experiencing menopause or menstruation should have access to toilet, hand washing and where appropriate, be offered the opportunity to use the shower facilities. Detainees identifying as perimenopausal or menopausal should be given access to menopause care kits which are now available within custody suites, subject to suitable risk assessment taking place by the Custody Sergeant.
Note: Not all menstruating detainees will identify as female. A person who identifies as a transgender man might still require menstrual products, especially at the start of hormone therapy, as may some people who identify as non-binary. Menstrual products and care should be provided to transgender detainees as with any other detainee as required.
Pregnant women in police custody may have a range of additional health and welfare requirements and are likely to experience heightened levels of physical and mental vulnerability.
The Custody Sergeant must consider the individual needs of detainees with disabilities. Where there is any doubt about the provision of suitable access to a detainee, particularly those who require the use of a wheel chair, consideration must be given to either diverting or transferring them to the most appropriate custody facility that can accommodate their needs.
The following Custody Suites can accommodate wheelchair access:
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. The Custody Sergeant must document their rationale and decision on the detention log when taking fingerprints without an Appropriate Adult present if the detainee is a juvenile or appears to be a juvenile. The fact that fingerprints can be taken by force but in the case of a juvenile or apparent juvenile who is resistant to allowing their fingerprints to be taken should be carefully considered before force is used. The Custody Sergeant should record their rationale and decision on the detention log if they are authorising force to be used. In cases where a juvenile or apparent juvenile’s identification is an issue consideration should be given to using the Appropriate Adult Service if the circumstances of the arrest and the Risk Assessment allows prior to using force to obtain fingerprints.
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/Legal Representative 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/Legal Representative or the Appropriate Adult.
A DNA sample is a non-intimate sample and must be taken in accordance with section 63 PACE and Code D.
Where a DNA sample is taken from a detainee the following must be recorded on the custody record:
Fingerprints must be taken in accordance with section 61 PACE and Code D.
A detainee should have their fingerprints taken as soon as practicable after arrival and the booking in process is complete. This will ensure the identity of the detainee has been correctly ascertained.
Where fingerprints are taken from a detainee the following will be recorded on the custody record:
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:
Impressions may be taken of a detainee’s footwear in accordance with section 61A PACE and Code D.
Where an impression is taken from a detainee’s footwear the following will be recorded on the custody record:
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.
The following have been consulted during the formulation of this document:
Each Custody Manager is responsible for putting in place measures to monitor the adherence of their staff to this procedure.
Each Custody Manager is also responsible for ensuring that no local guidance or instruction conflicts with this procedure.
The procedure will be subject to a review by, or on behalf of, the Head of Criminal Justice Command every 12 months.
Related Force policies or related procedures
Essex Police have measures in place to protect the security of your data in accordance with our Information Management Policy – W 1000 Policy – Information Management.
Essex Police will hold data in accordance with our Records Review, Retention & Disposal Policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.
We will only hold data for as long as necessary for the purposes for which we collected. Victims/public should be reminded that Essex Police take the protection of personal data seriously as described in the privacy notice.