R sessay v south london and maudsley nhs foundation trust

This training should specifically cover thoroughness, control and restraint, and diversity issues. The Claimant brought proceedings against the Commissioner of Police for the Metropolis, the Second Defendant, in respect of the actions of the police officers.

There is a separate power to search at any other time, which is described in section 54 6A — 6C and applies where the custody officer believes the detainee is in possession of an item which could physically injure anyone including the detaineedamage property, interfere with evidence or help the detainee to escape.

Subject to approval by the court the Claimant and the Second Defendant have agreed that the following declaration be made: Where a detainee has menstrual products removed as part of a strip or intimate search, they should be offered a replacement without delay.

All arrested persons who have been subjected to the discharge of a Taser must be examined by a forensic medical examiner as soon as practicable. FFLM guidance on the clinical effects of Taser and managing those subjected to Taser discharge There are cases where persons exposed to Taser have died sometime after discharge where the cause of death is unlikely to have been the device itself.

Detention and custody

Officers and staff should carry out searches with respect and dignity. Immediately after placing a detained person into a cell, custody staff should document in the custody record that the cell has been checked, that it meets the required standards and that the cell call system is in full working order.

England and Wales High Court (Queen's Bench Division) Decisions

Further information Detainees should not be asked to squat during a strip search. Search of a detainee in custody 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.

Where an urgent strip search is conducted of a young person prior to the arrival of an appropriate adult, officers must record the justification along with what action has been taken to secure the immediate attendance of an appropriate adult. Cell searches Officers must visually inspect and search all cells and detention rooms on release of a detainee and before new occupancy, to ensure that: Documenting decisions Officers must document the decision-making process on the custody record and include the reason for the search, those present during the search, those conducting the search and a record of any items found or seized.

Replacement clothing All custody suites should retain an adequate supply of replacement clothing to issue to detainees as necessary. Sections 5 and 6 of the Mental Capacity Act do not confer on police officers authority to remove persons to hospital or other places of safety for the purposes set out in sections and of the Mental Health Act Officers should take particular care to avoid sharp objects, including syringes, when searching this area.

Officers may use reasonable force to conduct such searches. A person can only be deprived of liberty by the MCA where i the deprivation is authorised by an order of the Court of Protection under s.

Section 5 4 provides that: Does it fit properly, are the welds secured, does the handle work correctly and is surrounding plasterwork undamaged? The detainee should be given the opportunity to check and sign the custody record to confirm that the record of the items seized is correct.

Relevant miscellaneous provisions include the following: Damaged mattresses and blankets may be more easily torn by a detainee to make into a ligature. 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.

They should do so in an area where the detainee can neither be seen by anyone who does not need to be present nor by a member of the opposite sex. Is the sealant intact? Also check that they are not soiled or infested.

Where the removal of menstrual products are considered necessary as part of a self-harm or suicide risk, it should be subject to further specific risk assessment.

The case of PD by her litigation friend ZD v.Principles of using force in custody. All police officers and custody staff should be aware of the dangers of positional asphyxia and restraining people experiencing acute behavioural disturbance (ABD), which is a medical emergency.

We would like to show you a description here but the site won’t allow us. [Removal etc of mentally disordered persons without a warrant] —[(1)If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—.

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R sessay v south london and maudsley nhs foundation trust
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