Police Tactical Compact Leg Restraints (Fast Straps) & Belt Pouch

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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.

Staff working in a custody environment must be trained in managing violence. Training should include tactical communication skills as well as recognising and managing positional asphyxia and ABD. Staff should also be trained in techniques for moving detainees and repositioning them from the prone position in accordance with the Personal Safety Manual of Guidance.The initial risk assessment should be reviewed after the detainee has been placed in the cell (see Risk assessment). It should be repeated when and if the detainee has calmed down and is able to answer questions. Officers must record these procedures in the custody record. Review Injury or other effects caused by restraint Where detainees have been searched on arrest, they should not be left unsupervised until they have been presented to the custody officer, who will decide whether or not a further search is necessary. Such decisions, and any searches arising from them, must comply with PACE and the codes of practice. The search, the extent of the search and the subsequent retention of any article that the detainee has with them, depend on the decision made by the custody officer. If a detainee has medication with them, this should be retained and only administered after examination and authorisation by an HCP. The documenting of strip searches in police custody

Although the question of the definition of ‘strip search’ and any subsequent recording of such was not necessarily sought in the Davies case, in the absence of specific guidance in Code C relating to the removal of clothing under the power given by section 54 and a separate definition for this type of ‘search’, it is the case that the removal of clothing for the detainee’s safety, i.e. a ‘clothes swap’, is, by definition, a strip search. Code C Annex A should be adhered to, and a strip search should be recorded. Only approved techniques and methods should be used when placing a violent detainee in a cell. A healthcare professional (HCP) should assess and monitor a violent detainee’s condition, when the underlying reason for their violence is not apparent. alcohol or drug intoxication (especially stimulants, for example cocaine, being on antipsychotic medication – some medications under certain conditions can cause abnormal heart rhythms) Paragraph 34(2) of Schedule 4 to the Police Reform Act 2002 confers on designated escort officers a power to search and seize while in transit from the place of arrest to the police station. 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.

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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. the force used resulted in any injury to a detainee that requires subsequent significant medical attention, for example hospital attendance Ministry of Justice (2008) The Mental Capacity Act 2005: Deprivation of liberty safeguards - Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice

The ruling in this case is at variance with PACE Code C, Annex A, paragraph 11(e) on strip searches. Despite this ruling, care should clearly be taken in the operational context when considering such intrusive activity. Property removal and storage 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.

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In recording the use of force, officers and staff should use the following categories as a minimum: Staff should also explain why it is necessary to take what may be considered unwelcome actions, such as requiring the removal of items of a detainee’s clothing, for the purposes of a search.