Blackstone's Custody Officers' Manual

by Smart, Huw

• ISBN13: 9780199595204
• ISBN10: 0199595208
• Edition: 4th
• Format: Paperback
• Copyright: 2011-04-08
• Publisher: Oxford University Press

Summary

The fourth edition ofBlackstone's Custody Officer's Manualis an essential reference and training resource for all custody officers and trainers in England and Wales. All relevant legislation is presented in a clear and concise manner, together with analysis and explanation of the areas of the Codes of Practice that are most commonly misunderstood, to offer a comprehensive treatment of all elements of the custody officer's role. Professionals involved in the criminal justice system will be acutely aware of the ever-changing legislation that governs the reception, treatment and welfare of people detained at police stations. This book interprets the Police and Criminal Evidence Act 1984 and accompanying Codes of Practice, and also covers detainees' entitlements, reviews and relevant times, identification and samples, as well as the extension of detention in terrorist cases. The fourth edition contains revised material on charging suspects, safer detention, and IPCC statistics and deaths in custody, and is fully updated to cover all recent legislation, including the Counter Terrorism Act 2008 and the 2010 updates to the PACE Codes of Practice. Presented as a step by step guide to all stages of the custody procedure,Blackstone's Custody Officer's Manualhighlights common problem areas and offers practical guidance using real life examples, flowcharts, and summary sections.

Author Biography

Huw Smart is a serving Chief Inspector and qualified police trainer for South Wales Police, with nearly 30 years experience in the police service. He is a part-time lecturer at the University of Glamorgan and is co-author of the Blackstone's Police Q&As series.

Table of Contents

Table of Cases	p. xv
Tables of Legislation	p. xix
Table of PACE Codes of Practice	p. xxv
Special Features	p. xxix
The Role of the Custody Officer	p. 1
Introduction	p. 2
Responsibility and Liability	p. 3
Designated and Non-Designated Police Stations	p. 7
Appointment of Custody Officers	p. 10
Designated Persons	p. 12
Custody Officers and Impartiality	p. 14
Explaining the Term 'At Variance'	p. 17
Summing Up	p. 18
Detainees-Initial Action	p. 23
Introduction	p. 24
Accepting Custody of a Detainee	p. 24
The Custody Record	p. 32
What Else Must be Recorded on the Custody Record?	p. 34
Signing the Custody Record	p. 41
Delay in Updating the Custody Record	p. 42
Transferring Detainees	p. 43
Summing Up	p. 45
Safer Detention	p. 50
Introduction	p. 51
Deaths In or Following Police Custody	p. 51
The 'Cell Environment'	p. 60
Risk Assessments	p. 61
Suicide and Self-Harm	p. 65
Health and Safety in the Custody Office	p. 70
Summing Up	p. 72
Clinical Treatment and Attention	p. 76
Introduction	p. 77
Identifying Medical Issues	p. 77
Clinical Treatment	p. 78
Medication	p. 83
Drugs and Alcohol	p. 86
Other Medical Issues	p. 89
Protecting Custody Staff from Risk	p. 91
Summing Up	p. 93
Conditions of Detention	p. 97
Introduction	p. 98
Cells and Detention Rooms	p. 99
Restraint and Conflict Management	p. 101
Welfare Issues	p. 103
Juveniles and Cells	p. 107
Observing and Monitoring Detainees	p. 109
Independent Custody Visitors (ICVs)	p. 114
Summing Up	p. 118
The Detainee's Entitlements	p. 123
Introduction	p. 124
What the Detainee Must be Told	p. 124
Right to have Someone Notified when Arrested	p. 126
Delay in Notification of Arrest (Incommunicado)	p. 127
Other Entitlements	p. 129
Citizens who are Foreign Nationals	p. 131
Access to Legal Representation	p. 132
Delay in Access to Legal Advice	p. 135
Interviews Without a Solicitor being Present	p. 138
Inferences from Silence	p. 143
Summing Up	p. 144
Vulnerable People and Appropriate Adults	p. 151
Introduction	p. 152
Detained Persons-Special Groups	p. 152
Appropriate Adults-General Issues	p. 153
Contacting the Appropriate Adult	p. 155
Vulnerable Detainees Held Incommunicado	p. 156
Legal Advice	p. 158
Interviews	p. 160
Charging the Detainee	p. 161
Bail	p. 163
Specific Matters Affecting Juvenile Detainees	p. 164
Specific Matters Affecting Vulnerable Adults	p. 166
Mental Health Act 1983	p. 168
Other Vulnerable Detainees	p. 175
Summing Up	p. 179
Dealing with Property and Searching	p. 185
Introduction	p. 186
Recording Property	p. 187
Seizing Property	p. 189
Searching Detainees	p. 192
The Extent of the Search	p. 194
'Routine' Search	p. 194
'Strip Search'	p. 195
Intimate Search	p. 197
Intimate Searches of Vulnerable People	p. 203
X-rays and Ultrasound Scans	p. 204
Extended Detention of Suspected Drug Offenders	p. 207
Summing Up	p. 210
Warrants	p. 216
Introduction	p. 217
Warrants for Failing to Appear	p. 217
Warrants to Detain in Police Custody ('Three-Day Lie Down')	p. 220
Detainees Produced from Prison ('Production Orders')	p. 222
Summing Up	p. 222
Reviews and Relevant Time	p. 226
Introduction	p. 227
The Detention Clocks	p. 227
Reviews	p. 228
What is a Review?	p. 229
Review Officer's Checklist	p. 230
Who Should be Reviewed?	p. 234
Timing of Reviews	p. 238
Reviewing Detainees who are Unfit to be Dealt With	p. 240
Relevant Time Discussed in Depth	p. 241
Answering Police Bail	p. 244
Summing Up	p. 247
Extending Detention	p. 251
Introduction	p. 252
Superintendent's Authority (s. 42)	p. 253
Warrants of Further Detention (s. 43)	p. 260
Extension to Warrant of Further Detention (s. 44)	p. 265
Review Officer's Responsibility	p. 267
Summing Up	p. 267
Identification and Samples	p. 271
Introduction	p. 272
Fingerprints	p. 273
Taking Fingerprints Away from the Police Station	p. 276
Taking Footwear Impressions	p. 278
Examination to Establish Identity	p. 280
Photographing Suspects	p. 283
Intimate Samples	p. 288
Non-Intimate Samples	p. 291
Vulnerable People	p. 295
Testing for Presence of Class A Drugs	p. 296
Summing Up	p. 305
Dealing with Legal Representatives	p. 312
Introduction	p. 313
Who May Act as a 'Solicitor'?	p. 313
Understanding the Role of Solicitors	p. 317
Access to the Custody Record	p. 318
Initial Disclosure to Solicitors	p. 319
The Solicitor's Role in an Interview	p. 320
Removing a Solicitor from an Interview	p. 321
Objections to Charging and Bailing Suspects	p. 325
Summing Up	p. 326
Charging Suspects	p. 331
Introduction	p. 332
Making the Decision to Charge the Suspect	p. 332
Alternative Options to Charging the Suspect	p. 341
Charging and Cautioning the Suspect	p. 348
Written Statements	p. 349
Interviews after Charge	p. 350
Recording the Detainee's Responses	p. 352
Vulnerable Detainees	p. 354
Summing Up	p. 354
Continued Detention After Charge	p. 358
Introduction	p. 359
Detention after Charge	p. 359
Restriction on Granting Bail	p. 364
Other Matters Affecting Refusal of Bail	p. 367
Attendance at Court	p. 369
Juvenile Detainees	p. 371
Summing Up	p. 378
Bail	p. 382
Introduction	p. 383
Granting Bail	p. 383
Bail to Appear at a Police Station	p. 386
Bail to Appear in Court	p. 391
Conditional Bail	p. 392
Failing to Surrender to Custody	p. 400
'Street Bail'	p. 403
'Live-link' Bail	p. 407
Sureties and Security	p. 408
Summing Up	p. 412
Terrorism Act 2000 Detainees	p. 418
Introduction	p. 419
Custody Offices, Custody Officers, and Evidence Gathering	p. 419
Defining 'Terrorism' and 'Terrorists'	p. 420
Entitlements	p. 421
Reviews	p. 424
Extending Detention	p. 427
Warrants of Further Detention	p. 430
Transfer of Detained Persons to Prison	p. 433
Charging Detainees	p. 435
Identification and Samples	p. 436
Documentation	p. 437
Summing Up	p. 437
Interviewing	p. 443
Introduction	p. 444
The Role of the Custody Officer	p. 444
Fitness to be Interviewed	p. 445
Annex G	p. 447
Rest Periods	p. 450
Other Matters Concerning Interviews	p. 454
Summing Up	p. 456
Flow Charts
Taking an Arrested Person to a Non-Designated Police Station	p. 461
Sufficient Evidence to Charge (s. 37(7))	p. 462
When Medical Attention Should be Arranged	p. 463
Delay in Notification of Arrest/Access to Solicitor (Annex B)	p. 464
Authorizing an Intimate Search	p. 465
X-rays and Ultrasound Scans	p. 466
Superintendent's Authority to Extend Detention (s. 42)	p. 467
Warrant of Further Detention (s. 43)	p. 468
Extension to Warrant of Further Detention (s. 44)	p. 469
Taking Fingerprints Without Consent (s. 61)	p. 470
Testing for Presence of Class A Drugs (s. 63B)	p. 471
Transfer of Juvenile Detainees to Local Authority Care (s. 38(6))	p. 472
Transfer of Persons Detained under TACT to Prisons (Code H, para. 14.5)	p. 473
Fitness to Be Interviewed (Code C, para. 11.18(b))	p. 474
Home Office Circulars
Deaths in Police Custody	p. 476
Minimum Standards for Risk Assessing Detainees	p. 480
Learning the Lessons from Adverse Incidents	p. 489
Index	p. 495
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