Criminal

New custody guidance published

Your Expert Witness cuffsA new, second edition of the ACPO Guidance on the Safer Detention and Handling of Persons in Police Custody has been published. The guidance focuses on practical issues within custody and aims to provide a definitive guide to police forces on strategic and operation policies to raise standards of care within custody.

Along with ACPO itself and the National Policing Improvement Agency (NPIA), the guidance was shaped by the Independent Police Complaints Commission. The IPCC made a number of recommendations on best practice as a result of learning from its investigations into deaths and serious injuries, complaints appeals and its Study of Deaths in or Following Police Custody, which have been reflected in the new guidance.

One key change relates to the handling of detainees who are intoxicated. A new definition of ‘drunk and incapable’ has been included, meaning someone who is unable to walk or stand unaided or is unaware of their actions or unable to fully understand what is said to them. If a person is found to be drunk and incapable then they should be treated as being in need of medical assistance at hospital and an ambulance should be called.

Commissioner Sarah Green, who leads on custody issues for the IPCC with Commissioner Mike Franklin, said: “Deaths in police custody remain relatively rare. It is vital that when there are lessons to be learned as a result of a death, these are shared throughout the police service.

 “Police officers have a duty of care to those in custody and the learning taken from IPCC investigations and our wider research will help to ensure that officers care for detainees in a safe manner and reduce the risk of deaths and serious injuries.”

• There are a number of expert witness specialisms dealing with the tragic issue of deaths in custody. Most, as one would expect, are in the medical or psychological fields, although at least one specialises in self-defence and martial arts.

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