PROCEDURE Independent Custody Visitors. Number: E 0105 Date Published: 4 April 2018

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1 1.0 Summary of Changes This procedure has been updated, following its yearly review, as follows: Author, owner details updated; Reference to Police and Crime Commissioner updated to Police, Fire and Crime Commissioner (OPFCC); Language Line has been replaced with Big Word. 2.0 What this Procedure is about This document explains the procedures to be followed by Essex Police in working with the Independent Custody Visitors (ICVs) when they conduct visits to detainees at police stations in the county. ICVs are managed by the Police, Fire and Crime Commissioner for Essex (PFCC). Three members of the PFCC sit on the Review Board to oversee the process. The visitors work in two groups, North and South, each headed by a co-ordinator. It is the responsibility of the ICV coordinators to prepare a rota of visits to each station. Visits will be made to designated police stations. Visits will be made on an irregular and unannounced basis. Visitors will carry out their visits in pairs. They must carry identification cards issued by the Office of the Police, Fire and Crime Commissioner (OPFCC) and these cards must be produced at the public counter of the station concerned at the start of each visit. Compliance with this procedure and any governing policy is mandatory. 3.0 Detail the Procedure 3.1 Management: When arriving at a custody facility each ICV must wear their official identification badge. Throughout their time in the custody facility this badge must be worn in a prominent position. ICVs will be asked to turn any mobile phone which they possess to either off or to silent. ICVs must have access to all parts of the custody area and to associated facilities, such as food preparation areas and medical rooms. ICVs will be allowed access to CCTV cameras, provided it is safe for them to do so, to ensure that they are operational. Religious items are stored in boxes within custody suites. ICVs may check, but not handle the contents to ensure they are available for use. Page 1 of 6

2 3.2 Access to Custody If ICVs arrive at the police station and police staff are heavily engaged with detained persons, the ICVs must be taken into the custody area immediately, where they will be asked to wait. If the delay is caused by a detainee being booked in, the Custody Sergeant should seek the detainee s consent to the presence of the ICV. If this is refused the ICV can take no part in the booking in process. The only exception to this will be where: A violent detainee is being restrained and immediate access is likely to place the ICV in danger; A medical emergency; A high risk detainee is in the process of being accepted into custody. Custody Sergeants are reminded that immediate access must be granted as soon as the above situation is resolved. On these occasions the reason for refusing access must be explained to the ICVs and recorded on the ICV report by the Custody Sergeant. The safety of the ICVs and the security of the detainees must be paramount in such instances. 3.3 Detainee Visits An ICV may see and communicate with anyone detained at the police station that is in the care and control of the police at the time, provided they consent to the visit. This will include Home Office remand prisoners and detainees who are not subject to PACE conditions, for example immigration detainees, those detained under warrants or those detained at a place of safety in accordance with section 136 Mental Health Act ICVs are not allowed to visit detainees who are under the care and control of the Prisoner Escort Service Where the detainee is a juvenile the visit may take place upon their own consent, the further consent of an appropriate adult will not be required ICVs will introduce themselves to the detainees and seek their consent for a visit. Big Word or an interpreter may be used to facilitate this process. The Escorting Officer must check that there is no escape risk or risk to the ICVs, before allowing them access to the detainee. Page 2 of 6

3 Detained persons are not obliged to see ICVs or to answer any of their questions. If consent is given by the detainee, in all cases where it is practical to do so, discussions between detainees and ICV should take place in the sight but out of the hearing of the Escorting Officer. Where this is not practical the safety of the ICV takes priority and escorting staff will not allow them out of their view. If a detained person does not consent to a visit the ICVs will not enter the cell. To assist their records, ICVs must be informed only of the custody record number of those persons in custody. If an ICV recognises any detained person they must declare this and consider whether to withdraw from the visit. If a detained person is under the influence of drink or drugs to the extent that they are unable to communicate effectively, ICVs may be allowed access to that detained person, via the cell hatch. The ICV should ensure that they satisfy themselves that the welfare of the detainee is being properly taken care of. If a detained person is sleeping, including within a rest period, it will be for the ICV to decide whether or not that person should be disturbed. It will normally be sufficient for the ICV to observe the sleeping detainee through the cell hatch. Access should be permitted where a detainee is in a rest period but is awake and requests to see the ICV. As far as possible the wishes of the detained person must be ascertained, if the detained person does not understand English, flash cards in a wide range of languages have been placed in custody suites to assist. If the detainee speaks a language not covered by the cards or has some form of sensory impairment, staff should volunteer the use of the telephone interpretation service. Discussions will normally focus upon checking whether detainees have been offered their rights and entitlements under PACE, their health and wellbeing, and the relevant safer detention guidelines and confirming whether the conditions of detention are adequate. ICVs must remain impartial and must not seek to involve themselves in any way in the process of investigation. If a detainee seeks to make admissions or otherwise discuss an alleged offence, the visitor must tell them that the relevant contents of the visit will be made known to the Custody Sergeant and may be disclosed in legal proceedings. Where a detained person has given their consent their custody record must be shown to the ICV who may examine its content. The ICV will either be provided with a printed copy of the custody record to read (which must be returned after being read) or, if resource permits, be allowed to view the record on a computer terminal in the presence of a member of staff. Page 3 of 6

4 ICVs have no right to see the detainee s medical records, however the medical instructions on the custody record may be viewed, which show the key points relevant to medical treatment. The ICVs will not be admitted to an interview in progress, nor will interviews be interrupted to facilitate a visit. They are, however, permitted to wait until that interview is complete if they wish to see that detainee. ICVs have no right of access to papers relating to the conduct of enquiries into the offence for which the person is detained. If the officer accompanying the visitors feels that they are in danger of breaching these guidelines then they must point this out. Interruption of a visit should be avoided, but firm action should be taken if necessary to protect the integrity of a police investigation. If it is felt necessary to terminate a visit, to a particular detainee, then the reason must be explained to the ICV, and, if appropriate, the detainee. The Escorting Officer must record the reasons given to the ICVs on the detainee s detention log. If the visitors feel any matter is unsatisfactory and requires urgent attention, they will inform the Custody Sergeant. That officer must do whatever can be done to resolve the problem at that time, and inform the visitors of what action has been taken. In cases which cannot be resolved the issue will be raised to the Duty Inspector who will be the final arbitrator of the outcome. 3.4 High Security Visits Where the detainee has been arrested for a Terrorism Offence or is subject of a Home Office production order for the purposes of giving evidence for the prosecution the ICVs are required to have a higher level of security vetting to include Management Level, (M.V.) and Security Checks (S.C.) clearance. Whilst there are a small number of ICVs specifically cleared to undertake visits to detainees within this category, it remains the responsibility of the Force Custody Commander to ensure such vetting is in place. In such cases and where the detention is anticipated to exceed 48 hours an independent custody visit will be arranged. The Senior Investigating Officer (SIO) will discuss the case with the Director of Investigations and agree the access times. Once agreed the Custody Commander will be informed who will be responsible for organising the visit to take place. 4.0 Equality Impact Assessment EIA - Custody. Page 4 of 6

5 5.0 Risk Assessment There could be some risk exposure for ICVs visiting detainees in custody centres. In order to minimise these risks, the Custody Officer, at the time of the visit by the ICVs, must nominate an Escorting Officer to accompany them throughout their visit. The Escorting Officer must familiarise themselves with the custody suite risk assessment and must assist and advise the ICVs on security and safety regarding their contact with detainees. The Escorting Officer must stay with the ICVs at all times. If a detainee is known to be violent, any request for the Independent Custody Visitors to have access should be made through the cell hatch. At no time must Independent Custody Visitors be left alone with a detainee, and the cell door must never be shut or locked while the ICVs are in the cell. 6.0 Consultation The following were invited to provide feedback in the original consultation phase during the formulation of this document: Federation; Health & Safety Unison Diversity Unit Equality of Services Manager Operational Security, PSD 7.0 Monitoring and Review The Custody Commander is responsible for monitoring the reports provided by ICVs on a monthly basis and for instigating appropriate action. This procedure will be reviewed annually by, or on behalf of, the Head of Criminal Justice Department and in conjunction with the Independent Custody Review scheme who are required by the OPFCC to monitor, evaluate and review this procedure. This review will be conducted together with the Custody Commander. Page 5 of 6

6 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 0104 Procedure Post Reception Detainee Care E 0106 Procedure Applications for Warrants of Further Detention E 0107 Procedure Pre Release Risk Assessment E 0108 Procedure Electronic Monitoring E 0109 Procedure Military Personnel E 0110 Procedure Custody Development Programme E 0111 Procedure Dealing with Persons who have Swallowed Drugs E 0112 Procedure Digital CCTV Systems in Custody E 0113 Procedure Custody Complaints E 0115 Procedure Use of Translators and Interpreters 9.0 Other source documents, e.g. legislation, Authorised Professional Practice (APP), Force forms, partnership agreements (if applicable) APP Detention and Custody APP Detention and Custody Independent Custody Visitors Home Office Code of Practice on Independent Custody Visiting (2013) Page 6 of 6