E0107 Procedure - Pre Release Risk Assessment
Number: E 0107
Date Published: 27 February 2024
Version 13 – February 2024
1.0 Summary of Changes
- Section 8.0 - The link to procedure E 0104 Procedure – Post Reception Detainee Care has been removed due to the procedure being archived.
2.0 What this Procedure is about
This procedure outlines the process to be followed concerning the pre-release risk assessment of any detainee in line with the recommendations made in the Authorised Professional Practice (APP) Detention and Custody.
3.0 Procedure
A pre-release risk assessment MUST be completed for EVERY detainee leaving custody by the Custody Sergeant. Risk assessments should not only be at the point of release but an ongoing process through the detainees detention and concluded at the point of release. The custody officer then needs to decide what action, if any, is appropriate to support vulnerable detainees upon release.
The Pre-Release Risk Assessment MUST be completed with the detainee in person at the Custody Desk as far as practicable to ensure that the Risk Assessment Questions and answers are both recorded on the Custody Record and on CCTV. An exception to filling out the full pre-release risk assessment may be when the detainee is being handed to an escort service i.e.,SERCO, internal transfers or other police forces, as the risks will be recorded within the PER Form, and an abridged version of the pre-release risk assessment can be completed. This must be completed by the custody Sergeant or if completed on another terminal, endorsed by the custody certifying they have completed the assessment.
The following questions make up the current pre-release risk assessment and the abridged shorter assessment:
3.1 ABRIDGED
- Is custody of the detainee being transferred to a professional escort; for example PECS, police officer for a foreign force or internal transfer, immigration service etc?
- Do you wish to complete the transferee (shorter) version of the pre-release risk assessment?
- Has the detainee been given the opportunity to ask any questions relevant to their release?
- Has the detainee being given a release from custody / support agency leaflet?
- Has PNC been updated with any relevant markers?
- Any other issues or info relevant to pre-release risk assessment?
3.2 FULL
- Is custody of the detainee being transferred to a professional escort; for example PECS, police officer for a foreign force or internal transfer, immigration service etc?
- Does the detainee appear to be suffering from suicidal or self-harm tendencies?
- Is there any other information or concern which may indicate a heightened risk of suicide or self-harm following release (consider nature of offences/charges/behaviour/demeanour)?
- Does the detainee appear to be suffering from any mental health issues?
- Does the detainee appear to have any drug or alcohol dependencies?
- Is the detainee under 18 years old? / Is the detainee’s parent/guardian or other responsible adult present? / Specify arrangements to hand detainee over to the responsible adult after release or explain why it’s not applicable to this detainee.
- If the detainee is under 18 years of age then the arrangements of whom the detainee is handed over to must be documented on the custody record via use of the appropriate release #tag (#Juvenile release from custody)
- Is the detainee a vulnerable adult? Is the responsible adult present? Specify arrangements to hand detainee over to responsible adult after release or explain why it’s not applicable to this detainee;
- Is there anything known to you about the detainee’s home circumstances that may present a risk to the detainee following released? (Consider issues of mental and physical health, family or relationship problems);
- Is there anything known to you about others who may present a risk to the detainee following release? Consider the offence category, feelings of family members, victims or other members of the community);
- Is there anything known to you about the detainee that may indicate a risk to others following release. (Consider domestic violence and/or victims and/or other members of the community);
- Is there any healthcare advice/medication to be provided to the detainee upon release?
- Are there any healthcare/welfare concerns or advice relating to the detainee to be provided to their parent/guardian or responsible person upon release?
- Is the detainee returning to their home address after release? Does the detainee have accommodation or another place to go/stay?
- Is there a requirement for appropriate transport arrangement to be made for the detainee upon release (consider age/gender/weather conditions and time of day.)
- Has the detainee been given the opportunity to ask any questions relevant to their release? Reasons why not and what actions have been taken;
- Has the detainee been given a release from custody / support agency leaflet?
- Has PNC been updated with any relevant markers?
- Any other issues or info relevant to pre-release risk assessment?
Where a Custody Sergeant considers a detainee upon release to be at risk or a risk to others, they should ensure any risks are identified, together with the measures taken to reduce those risks such bail conditions or referrals. People who have been arrested for sexual offences, particularly offences involving children or child pornography, may be at an increased risk of suicide or self-harm following release from custody. The practical interventions open to the police are limited to agency referrals.
The Custody Sergeant should refer to the custody risk assessment and decide what action, if any, is appropriate. The custody officer should also direct the officer in the case to complete a PP40 risk assessment (B 0608 Procedure – Suspect Risk Reduction Assessment) in addition to the completion of a pre-release risk assessment in high harm cases.
Where a decision is made to recommend referral to another agency the Custody Sergeant should ensure the custody record is endorsed with the name of the individual making the referral.
Whilst assessing risk to the detainee, checks must be made in relation to firearms licencing/ownership by the detainee, the household he will be residing in, and other occupants of that household. These checks will remain the responsibility of the custody officer to ensure their completion, which may be tasked to others such as the officer in the case, and they must update the custody record appropriately when
complete. Any relevant action to seize firearms, or report to firearms licencing should be documented as part of the pre-release risk assessment.
The Custody Sergeant may consider that any adult charged with an offence can be refused bail under section 38(1)(a)(vi) of PACE if the Custody Sergeant has reasonable grounds to believe detention is necessary for the detainees own protection.
An SS1 advice leaflet should be handed to all persons. This contains information on organisations that may be able to support them. Ensuring the detainee has a copy of the form SS1, available via the intranet, is a simple way of meeting low level obligations and should be handed to all persons being released, including those who are released with No Further action. It is the responsibility of the Custody Manager to ensure that each custody suite under their command has an information leaflet with
contact details pertinent to that area which can be handed to detainees,
4.0 Equality Impact Assessment
- EIA - Custody.
5.0 Risk Assessment
This procedure is concerned with assessing the risks to detainees prior to release.
The pre-release risk assessment must be completed for each individual and recorded on the custody record.
6.0 Consultation
The following have been consulted during the formulation of this document:
- Unison
- Police Federation
- Essex Diversity and Inclusion Manager
- Health & Safety
- Strategic Change Team
- PSD Superintendent
- Policy/Risk
- Superintendents Association
- Strategic Force Crime & Incident Registrar
- LPA Commanders
- LPA District Commanders
- LPSU
7.0 Monitoring and Review
The Corporate Services Inspection Team will include monitoring of the use of pre-release risk assessments within the current custody review process. The results will be published at both force and divisional level for the information and action of divisional custody managers.
The Custody Team will review the application of this procedure through the results provided by the Inspection process.
This procedure will be reviewed by, or on behalf of, the Head of Criminal Justice Command every 12 months.
8.0 Governing Force policy.
Related Force policies or related procedures
- E 0100 Policy - Custody
- E 0101 Procedure – Detainee Reception
- E 0102 Procedure – Violent Detainees
- E 0103 Procedure – Juvenile, Young Person Arrest, Reception and Detention
- E 0105 Procedure – Independent Custody Visits
- E 0106 Procedure – Applications for Warrants of Further Detention
- E 0108 Procedure – Electronic Monitoring
- E 0109 Procedure – Military Personnel
- E 0110 Procedure – Custody Development Programme
- E 0111 Procedure – Dealing with Persons who have Concealed Items
- E 0112 Procedure – Digital CCTV Systems in Custody
- E 0113 Procedure – Custody Complaints
- E 0115 Procedure – Use of Translators and Interpreters
- B 0608 Procedure – Suspect Risk Reducation Assessment
8.1 Data Security
Essex Police have measures in place to protect the security of data in accordance with our Information Management Policy – W 1000 Policy – Information Management.
8.2 Retention & Disposal of Records
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.
9.0 Other source documents, e.g., legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable)
- APP – Detention and Custody
- The Police and Criminal Evidence Act 1984;
- Form SS1 – Suspect Support Leaflet