Handling of Detained Persons and Volunteer PDF (SO LGL 3)

1 **HANDLING OF DETAINED PERSONS AND VOLUNTEER ATTENDEES** **TABLE OF DOCUMENT DETAILS** +-----------------------------------+-----------------------------------+ | Title | Handling of Detained Persons and | | | Volunteer | +===================================+===================================+ | Reference No | SO LGL 3 | +-----------------------------------+-----------------------------------+ | Relevant Department or Group | Legal Issue | +-----------------------------------+-----------------------------------+ | Ownership | Deputy Chief Constable | +-----------------------------------+-----------------------------------+ | Document Author | PS556 Maria Thoma | +-----------------------------------+-----------------------------------+ | Approved by | Chief Constable | +-----------------------------------+-----------------------------------+ | Approval Date | May 2020 | +-----------------------------------+-----------------------------------+ | Implementation Date | May 2020 | +-----------------------------------+-----------------------------------+ | To be Reviewed Date | May 2023 | +-----------------------------------+-----------------------------------+ | Last Revised Date | | +-----------------------------------+-----------------------------------+ | Quality Assured by | Policy Dpt HQ | +-----------------------------------+-----------------------------------+ | Protective Marking | Not Protectively marked | +-----------------------------------+-----------------------------------+ | Linked to other Standing Order | Police Ordinance 2007 Police | | | Regulations 2007 | | | | | | Criminal Procedures Cap 154 | | | | | | Police (Detainees and Volunteers) | | | Ord.3 of 2007 | +-----------------------------------+-----------------------------------+ | Relevant Legislation | Police Ordinance 2007 Police | | | Regulations 2007 | | | | | | Criminal Procedures Cap 154 | | | | | | Police (Detainees and Volunteers) | | | Ord.3 of 2007 | +-----------------------------------+-----------------------------------+ | Pages (including this page) | | +-----------------------------------+-----------------------------------+ **TABLE OF CONTENTS** [Introduction](#Section1) [Page 4](#S1) [Section 1](#Section1) ------------------------------------------------------------------------- -------------------- -------------------------- [Voluntary Attendee](#section2) [Page 4](#S2) [Section 2](#section2) [Rights of Detainees and Volunteers](#section3) [Page 5](#S3) [Section 3](#section3) [Access to Legal Advice and Assistance](#Section4) [Page 5](#S4) [Section 4](#Section4) [Legal Aid](#section5) [Page 6](#S5) [Section 5](#section5) [Right to Have Someone Informed When Arrested](#Section6) [Page 6](#S6) [Section 6](#Section6) [Have an Advocate Present During the Interview](#section7) [Page 7](#S7) [Section 7](#section7) [Delay to Exercise of Rights](#section8) [Page 7](#S8) [Section 8](#section8) [No Interview Before Exercise of Rights](#section9) [Page 8](#S9) [Section 9](#section9) [Detention of Juvenilesor Persons with Mental Disorder](%5Cl) [Page 8](#S10) [Section 10](#section10) [Interpreters](#section11) [Page 9](#S11) [Section 11](#section11) [Arresting Procedure](#section12) [Page 9](#S12) [Section 12](#section12) [Transportation of Arrested Persons](#section13) [Page 9](#S13) [Section 13](#section13) [Police Stations Designated for Detaining Arrested Persons](#section14) [Page 10](#S14) [Section 14](#section14) [Custody Officer](#section15) [Page 10](#S15) [Section 15](#section15) [Detainees and Volunteer's Records](#section16) [Page 11](#S16) [Section 16](#section16) [Arrested Foreigners](#section17) [Page 12](#S17) [Section 17](#section17) [Processing](#section18) [Page 12](#S18) [Section 18](#section18) [Arrested Persons Property](#section19) [Page 13](#S19) [Section 19](#section19) [Visits to the Arrested Person](#section20) [Page 14](#S20) [Section 20](#section20) [Review of Detention](#section21) [Page 14](#S21) [Section 21](#section21) [Medical Examination / Attendance](#section22) [Page 15](#S22) [Section 22](#section22) [Custody Suite](#section23) [Page 16](#S23) [Section 23](#section23) [Checking Detainees in Custody](#section24) [Page 16](#S24) [Section 24](#section24) ['At Risk' Warning Signs](#section25) [Page 17](#S25) [Section 25](#section25) [Deliberate Self-Harm / Suicide](#section26) [Page 17](#S26) [Section 26](#section26) [Supervision of Unconvicted Prisoners](#section27) [Page 18](#S27) [Section 27](#section27) [Meals](#S28) [Page 19](#S28) [Section 28](#S28) [Designated Police Station Declared as Prison](#section29) [Page 19](#S29) [Section 29](#section29) [Release of Arrested Persons](#section30) [Page 19](#S30) [Section 30](#section30) [Supervision of Convicted Prisoners](#section31) [Page 20](#S31) [Section 31](#section31) [Arrangements for Transportation](#section32) [Page 20](#S32)-21 [Section 32](#section32) []{#Section1.anchor}**1.** **Introduction** 1\. This order derives from the POLICE (DETAINEES AND VOLUNTEERS) ORD 3 OF 2007. The Ordinance basically provides for the rights of persons in police custody and of those not under arrest but visiting the Police Station **voluntarily** as a suspect to assist in some police enquiries, when they are invited/required to do so. The provisions of the Legislation outline these rights and clarify police obligations and general powers accordingly. A person is considered to be in Police custody when arrested and deprived of their liberty. This does not imply that such persons should also be deprived of their Human Rights and this order provides guidance as to how such rights should be exercised under the relevant Legislation. A standing Order is a police document which is drafted and circulated to give guidance as to how practices and policies are applied and should not replace the relevant Ordinance or originating document from which it derives. For this reason all staff must ensure they are familiar with the "POLICE (DETAINEES AND VOLUNTEERS) ORD 3 OF 2007 and any other relevant Legislation. []{#section2.anchor}**2. Voluntary Attendee** 2.1 It is necessary for officers to be aware of the correct interpretation and concept given for each "term" used in the ordinance with emphasis given to the definitions for "juveniles (Persons under 18) "Appropriate Adult" and "Volunteer". 2.2 Were circumstances different (Police Powers to arrest), they would have simply been arrested. They are called "volunteers" simply because they elect to comply with a Police requirement i.e. to attend. 2.3 Examples of Volunteers can be found below, though this is not an exhaustive list: h\) Persons visiting the Police Station to confess the commission of a crime. []{#section3.anchor}**3. Rights of Detainees and Volunteers** Volunteers attending a police station or other place as invited, have similar rights as detainees and such rights must be communicated to them as soon as practicable on their arrival. They will remain at the police station or at any other place, clearly voluntarily and should they decide to leave for any reason they should be permitted to do so, unless grounds arise to have them arrested. **Nothing should be said or done to discourage a detainee or volunteer from exercising their rights.** According to the provisions of the relevant Ordinance, both Detainees and Volunteers have particular rights and the police are obliged to inform them of these as soon as practicable after their arrest or attendance and to facilitate them to exercise them. A brief summary of these rights can be presented as follows: a\) To consult and communicate with an advocate privately at any time during the detention or presence as a volunteer, whether in person, in writing, or by telephone. b\) Free Legal Advice. Subject to the provisions of Ordinance 17 of 2005 (Legal Aid) c\) To have someone informed of their arrest. (for Detainees) d\) Right to make a phone call and receive or send letters. (for Detainees) e\) Right to have an advocate present during the interview. []{#Section4.anchor}**4. Access to Legal Advice and Assistance** A detainee or Volunteer is entitled on request, to consult and communicate with an advocate**, privately** at any time during their detention or whilst attending as a volunteer, whether in person, in writing or by telephone. The fundamental Human Right for access to Legal Advice and Assistance should be considered indisputable. Only in very special and extreme circumstances can exercising rights be delayed by the police, but even then common sense and prudence should prevail. As a practice, when the nominated advocate is not available, other options should be offered to the person requesting such assistance and relevant records must be made in the log. No detainee or volunteer should be interviewed before they have been informed of their rights (except when delay is justified according to the provisions of the Legislation) and it is not implied anywhere that an interview will only commence if an advocate is present, since such legal advice and assistance can be provided alternatively through telephone or written correspondence. The expression **"as soon as practicable"** dictates that any possible delay in this regard must be **absolutely justified** and reason for such delay recorded in the custody record, i.e. arrested person is unconscious due to injuries or drunkenness, hence unable to communicate. Any attempts to communicate rights to him/her, even unsuccessful, must be recorded in the custody log. The log must justify the time lapse between the arrest/attendance time and time rights were communicated to a detainee or volunteer. []{#section5.anchor}**5. Legal Aid** In addition to the right for Legal advice and assistance, detainees and volunteers, are also entitled to Legal Aid (Court Proceedings) under the provisions of section (6) Ordinance 17/2005 and this should be stated to them. The Senior Registrar of the SBA Court will determine whether such Legal Aid will be granted to the applicant or not. A copy of the relevant application form is available on the Intranet. []{#Section6.anchor}**6. Right to Have Someone Informed When Arrested** **Detainees** have the right to inform someone (friend, relative, or other person) of the fact of their arrest. It must be emphasized that the exercise of such a right **must be subject to strict police scrutiny** to prevent anything harming the investigation or defeating the ends of justice. In the cases of telephone communications (other than with an advocate), the police are entitled to be present, and if such right is abused, the communication should be terminated. It is also recommended that a Police officer make the telephone call on behalf of the detainee and the exercise of this right duly logged in the Custody Record. []{#section7.anchor}**7. Have an Advocate Present During the Interview** On the request of a detainee or volunteer, an advocate appointed by them, may be present during the interview process. Such advocate may be required to leave the room if his conduct interferes with the interview. In such a case the interviewer must consult an Inspector or above who will decide if the advocate should leave or not. If the advocate leaves the interview room upon the decision of the Inspector, the detainee or volunteer must be given another opportunity to secure another advocate. The reason for a decision to ask an advocate to leave the room must be explained and recorded in the interview accordingly. []{#section8.anchor}**8. Delay to Exercise to Rights** According to the provisions of the relevant Legislation, the police may under certain circumstances, cause **DELAY** to the exercise of the rights of **DETAINEES,** in respect to: \(a) Legal Advice and Assistance / Legal Aid \(b) Having someone informed of their arrest \(c) Making a telephone call or sending/receiving letters. The circumstances and legislative requirements and provisions, subject to which the Police are justified in causing a delay to the exercise of such rights requested by a detainee, basically derive from Sections 7, 9 (3) & (4) and 16 (4) & (5) of the Ordinance. **In all case scenarios related to the above Sections the basic provision will be that:** a\) the offence committed is listed in Section 7 (4) of the Ordinance (Nature of the offence), **b) the approval for such delay will be given by an officer of the Rank of Chief Inspector or above and** **c) exercise of such right at the time of the request will:** i. **lead to interference with or harm to evidence connected with an offence as listed in Section 7(4) or interference with or physical injury to other person or** **ii) lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it, or** **iii) hinder the recovery of any property obtained as a result of such an offence.** The following key factors should also be taken into consideration: Ø Nature of the offence committed (listed Section 7(4)), Ø The intentions of the offender before and during the act. Ø The actual "results" and seriousness of the act and subsequent consequences into which the commission of the offence led to or intended to lead. Ø Approval for delay on behalf of a Chief Inspector or above Ø Reasonable Grounds. **Note:** It must be noted that the duration of any such delay caused will only be for twenty-four hours. []{#section9.anchor}**9. No Interview Before Exercise of Rights** The provisions of the Legislation do not direct that an interview should only commence if an advocate is present. Legal advice and assistance where appropriate, may be obtained through telephone, thus negating the need for an advocate to physically attend. Other than for reasons of delay caused by the Police, a detainee may be interviewed before receiving legal advice and assistance when: a\) the advocate nominated by the detainee has been contacted and agreed to attend but awaiting his arrival would cause unreasonable delay to the investigation b\) the advocate cannot or does not wish to attend and the detainee does not nominate any other advocate c\) the detainee withdraws his request for legal advice and assistance. Before taking a decision to delay the exercise of any rights, and in all cases, the Senior Officer On Call must be informed. []{#section10.anchor}**10. Detention of Juveniles or Persons of Mental III Health** The definition of a 'juvenile' in this Legislation refers to any person under the age of 18 The police priority will be to establish the status of the "Juvenile" and an "Appropriate Adult" as defined in the Law. It is the responsibility of the police to inform such appropriate adult of the arrest of the juvenile or mentally ill person and invite them to attend before the commencement of an interview, during which they may be present. A person identified as an accomplice/suspect in a case for which a juvenile is detained, must not be considered as an appropriate adult. In accordance with CAP 157 all detained juveniles will be released from custody on recognizance, with or without sureties, by his parent, guardian or other suitable person unless:- \(a) The charge is one of homicide or other grave crime; \(b) It is necessary in his interest to remove him from association with any undesirable persons, or \(c) It is believed that his release would defeat the ends of justice. Where such detention occurs, in the existing absence of alternative facilities, the juvenile will normally be detained at a police station although there may be occasions when this is impracticable in which case he/she will be detained at H.M. Prison Dhekelia. Detention in the Prison should only be in extreme and exceptional circumstances. It is vital that the juvenile be kept separate from adult prisoners/detainees. []{#section11.anchor}**11. Interpreters** An interpreter must be called on any occasion when the detainee or volunteer is not capable of communicating with the police. A language barrier may be one justification for a delay in the rights of a detainee being read over to them. For persons with sight or hearing impairment, appropriate interpreters should be called to attend. []{#section12.anchor}**12. Arresting Procedure** Body Warn Cameras should be activated during all arrests and the footage submitted as evidence along with anything else of evidential value. Persons being arrested should be informed that they are being recorded for evidential purposes. As soon as a person is informed that they are under arrest that person will be cautioned, given reason for the arrest and searched. As soon as practicable after the arrest they must be informed of their rights in accordance with the Detainees and Volunteers Ordinance. Arrested persons should be handcuffed to prevent their escape and injury to themselves or others. Elderly or injured persons, who do not raise an issue for such concern, should not be handcuffed. Mentally ill persons and juveniles should not normally be handcuffed unless their behaviour dictates otherwise. A detailed guidance as to the use of handcuffs is contained in [Standing Order **OPS 36**](https://modgovuk.sharepoint.com/:w:/r/teams/25468/STANDING%20ORDERS%202023/Standing%20Orders%202023%20onward/OPERATIONS/OPS%2036.docx?d=wb979059b47264bcfa8e037b4b57cad7a&csf=1&web=1&e=gn5bhM). []{#section13.anchor}**13. Transportation of Arrested Persons** Arrested persons are to be conveyed to a Police Station under Police escort, in official transport as soon as possible, unless their presence is required elsewhere for purposes of investigation, e.g. to search premises owned or occupied by the offender. The reason for any delay in being taken to a Police station must be recorded in the arresting officer\'s pocket book and the detainee's custody log. When a Police Officer who is alone in making an arrest, that Officer should immediately inform the Police Station and request assistance. A Police officer who is alone and obliged to convey the arrested person must take such steps to prevent the arrested person\'s escape, their causing injury to themselves or others, or damaging property. The practice of making lone arrests should be avoided if possible. In cases where Police Officers are travelling to or from duty, or even when they are off duty and arrest an offender, with no means to call for official transport to attend, they may use their private vehicle which, under the circumstances, will be considered official transport. When an arrested person is being conveyed in a Police vehicle being escorted by a second Police Officer, the escorting Officer **must sit behind the driver with the arrested person sitting next to them.** The hands of the arrested person should be in view at all times and the escorting Officer should be in a position to prevent the arrested person from escaping, causing self injury or injury to others, or causing damage to property or to the Police vehicle. Such vehicle must be searched immediately before and after the transportation to recover any item which was not there before the arrested person was placed in the vehicle. []{#section14.anchor}**14. Police Stations Designated for Detaining Arrested Persons** Designated Police Stations are the Stations which have been designated by the Chief Constable as having accommodation suitable for the detention of arrested persons. These Police Stations are **Dhekelia** and **Akrotiri** Police Stations. Ayios Nikolaos Police Station is considered a non-designated Police Station. All arrested persons must be taken to a Designated Police Station. Whether or not an arrested person should be locked up in a cell depends on issues such as the seriousness of the offence, conduct of the arrested person or the duration of the investigation. The manner of detention will be at the discretion of the Custody Officer in consultation with the arresting and Investigating Officer. []{#section15.anchor}**15. Custody Officer** In all cases where a person is arrested, the arresting Officer will take that person before the Policing Team Sergeant or in the absence of a Sergeant before the Officer performing the duties of the Custody Officer and who will be responsible for the arrested person. On receiving an arrested person, the Custody Officer should ensure that the arrest was lawful and determine whether there is sufficient evidence for the person to be charged or to be detained pending further enquiries. The Custody Officer should then communicate to the arrested person his rights and then make arrangements for any subsequent necessary action to be taken. The Custody Officer must not put specific questions to the person regarding his involvement in any offence. The Custody Officer must then make, or cause to be made, an entry in the *Arrested Persons Register*. All the personal details of the arrested person including date and time of the arrest and the name of the arresting Officer should be recorded in the Register. Handling of Detained Persons and Volunteer SO OP 6 If the arrested person is injured, the Custody Officer should ask the arresting Officer for an explanation and an entry should be made in the Medical Form, which is included in the custody record file. The Duty Inspector, and in his absence the UCR Inspector should be informed and will give directions regarding medical attention. The Police Team Sergeant or any Officer acting on his behalf will become the new Custody Officer upon assuming duty and he will take over responsibility for the arrested person and his personal property. The Custody Officer must physically check an arrested person. Any observation of injuries or other signs suggesting that the person has been ill-treated should be pointed out to the Custody Officer who is finishing duty, and the necessary entries will be made in the custody record. (A booklet has been designed to assist Custody Officers by furnishing them with guidelines on responsibilities and procedures.) []{#section16.anchor}**16. Detainees and Volunteer's Records** 16.1 A *Custody Record File,* will be generated and kept by the Custody Officer for each person arrested or detained. The Custody Officer must insert the details of the arrested person and reason for arrest, the arresting Officer and other relevant details. The arrested person should be served with a notice (which should be read over to them) setting out their rights and an entry should be made to this effect on the Custody Record. 16.2 A Volunteers record must be completed on each occasion when a volunteer attends a police station or other place on police requirement, by the officer responsible for the investigation and an entry also made in the Volunteers' Register. 16.3 The Custody Officer is responsible for the accuracy and the completeness of the Custody Record File. The Custody Record File will contain the following forms: - b\. Custody Record, SBAP/INV/35 refers c\. Prisoner Property Register, SBAP/INV/34 refers d\. Custody Log, SBAP/INV/35a refers e\. Risk Assessment (two pages), SBAP/INV/36 f\. Medical Form, SBAP/INV/37 refers g\. Medication Form, SBAP/INV/38 refers i\. Previous convictions/ Warrant check form, SBAP/INV/39 refers j\. Antecedents form 16.4 The arresting Officer is responsible for completing the computerised Arrested Persons Register on the SBAPS system as soon as possible. 16.5 The investigating officer or officer dealing with a volunteer will be responsible for the completion of the relevant volunteers' record. · note that forms 1, 2 and 3 are registers 16.6 The Custody Record File will remain in the Custody Suite. If a case is under investigation and the arrested person is released, the Custody Record File must be placed in the docket of the case for which the person was arrested. In the case where no criminal proceedings are to follow, the Custody Record File should be forwarded to the CJU for processing/ filing. []{#section17.anchor}**17. Arresting Foreigners** A detainee who is neither a British nor Cypriot citizen has the right, on request, as soon as practicable after their arrest, to communicate the fact of the arrest, the reason and their whereabouts, to the relative High Commission, Embassy, or Consulate in the Republic of Cyprus. All requests made by any Consular authority whether on legal matters or deportation details or any request made by a foreign national detainee should be recorded and filed. []{#section18.anchor}**18. Processing** As soon as a person is arrested, an entry to this effect should be made in the *Arrested Persons Register* and a Custody Record shall be initiated. On receipt of an arrested person at a police station, the Custody Officer will take the following action: a. Confirm legitimacy of the arrest. b. Inform the arrested person of their rights. (Give copy) c. Take appropriate action on any request made by the detainee in consultation with the Investigating officer and Duty Inspector. (Rights) d. Thoroughly search or cause the prisoner to be searched. e. Record full details of the detained person in the Arrested Persons Register and initiate a Custody Record File. f. Record prisoner's property and secure it. g. Search the cell into which the prisoner is to be placed to ensure there is nothing in the cell which could assist the prisoner in an attempt to escape or to endanger the wellbeing of themselves or others. h. Arrange for the prisoner's meals. The culture, religion and fasting periods of arrested persons should be taken into consideration and in consultation with the Duty Chef, the appropriate food should be provided in the daily menu. i. If the detained person has been arrested under a warrant, that warrant is to be endorsed by the Arresting Officer and retained by the Custody Officer. Custody Officers are to consult their Custody Guidelines Checklist. j. Take, or cause to be taken, finger prints/photos/samples (DNA) of the prisoner. []{#section19.anchor}**19. Arrested Person's Property** All arrested persons should be searched as soon as possible and according to police provisions which relate to Health and Safety and handling of exhibit policies. The Custody Officer is responsible for ascertaining what property the person has whilst at the Police station. To this effect, the Custody Officer may search arrested persons or cause them to be searched to the extent considered necessary. Most searches will be of the normal "pat-down" type involving only the removal of outer clothing and should be made by a Police Officer of the same sex as the arrested person. A strip search (i.e. a search involving the removal of more than outer clothing) may take place if the Custody Officer considers it necessary and in consultation with the arresting/ investigating officer. Items found in the possession of an arrested person, which could be considered as items connected to a criminal case or the investigation in hand, should be recorded in the Prisoners Property Register, seized as Exhibits and treated as such according to the Standing Order reference Exhibits, C3. Property which belongs to the arrested person should be recorded in the Prisoners Property Register under the heading "Property", in the presence of the person who shall be allowed to view and sign the record of property as correct. The Custody Officer is responsible for the safekeeping of the arrested person's personal property which will be placed in a sealed bag with their name thereon. When a new Custody Officer takes over, he/she will take over responsibility for the property of the arrested person. **On being released from custody all property will be returned to the arrested person upon their signature of receipt.** []{#section20.anchor}**20. Visits to the Arrested Person** Where a suspect who has not been charged or convicted is held under arrest in Police custody to facilitate interviews and other enquiries into a criminal offence, they are not entitled to visits from friends, associates or family as this could compromise the investigation. The suspect is entitled to free legal advice and visits from their legal advisor at all times. Once enquires and interviews have been completed and the suspect is charged, the Custody Officer in liaison with the senior investigating officer will permit appropriate supervised visits. All visits will be recorded in the custody record at the time by the Custody Officer to show the full details of the person visiting and the purpose of the visit. []{#section21.anchor}**21. Review of Detention** The duty Inspector will be the reviewing Officer of the arrested person's detention and he will make an entry to that effect in the Custody record. In the absence of an Inspector, the UCR Inspector should be notified accordingly, and he will be the Reviewing Officer. The review will be carried out by him over the telephone. In this case, the Officer in charge of the arrested person at the time of the review will make an entry in the 'Review of Detention' part on behalf of and in consultation with the UCR Inspector. The C/Inspector/ Supt will oversee the entire process. The Policing Team Inspector or in his absence the UCR Inspector shall be responsible for visits, movements, medical examination, telephone calls as well as for establishing that grounds for detention apply or continue to apply. If the detained person is in Police custody for more than 6 hours, and for every 6 hours for the first 24 hours of detention the Duty Inspector or in his absence the UCR Inspector should interview the arrested person about the circumstances of detention, and deal with any complaints or concerns he may have. The Reviewing Officer will also communicate with the Investigating Officer and confirm that the detention of the person remains justified, **[this being the ultimate purpose of the review]**. An entry to this effect should be made for every review in the Custody Record, under the heading "Review of detention". On approaching the completion of the first 24 hours of detention, the Officer in charge of the Investigation shall be responsible to consider the prospect for a Remand in Police Custody application and consult to this effect with the Custody Officer. **22. Medical Examination / Attendance** The Custody Officer is to make an initial assessment of an arrested person's needs as soon as practicable. If there is doubt as to the fitness of the detainee to be detained, the Duty Inspector should be informed who will see that the prisoner receives immediate treatment or is seen by a Medical Officer. A record of the prisoner\'s condition on arrival at the station must be made on the Detained Person's Medical Form with a brief description of the prisoner's condition and whether or not a Doctor was summoned. If a prisoner: i\. appears to be suffering from physical or mental illness, or ii\. is injured, or iii\. does not show signs of sensibility and awareness or fails to respond normally to questions or conversation (other than through drunkenness), or iv\. otherwise appears to need medical attention, the Duty Inspector must immediately inform the Medical Officer and notify the Divisional Commander. Directions will be given that the prisoner is checked frequently and if necessary kept under constant observation until the doctor's attendance. Relevant records of checks and action taken shall be recorded in the Custody Log. The Detained Person's Medical Form must include any arrangements made for medical examination and of any complaints made by the prisoner. The Medical Officer will record his findings and medical advice on the same form. The medical examination form should only contain details custody staff need to know and a separate medical "in confidence" file will be prepared and kept at the MRS. Medicine prescribed by the Medical Officer is to be recorded in the Detained Persons Medical Form, kept in a safe place and issued to the detainee as directed by the Medical Officer. Any medication found in a detainee's possession on arrival at the station should be recorded in the Medication Form and the Medical Officer consulted accordingly. If a detainee reasonably requests to see their own doctor, this will be permitted. The medical examination must be carried out in the presence of an SBA Medical Officer and the Police. A record must be made in the medical form with any relevant remarks by both the private doctor and the SBA Medical Officer. For each medical examination a separate medical form will be used. A medical examination must never be carried out without the detainee's consent. Should the detainee indicate to the Police that they refuse to be examined they must be seen by a Medical Officer who will confirm this. For all prisoners who are to be transported by air, a medical certificate for fitness to travel must be secured prior to flight. []{#section23.anchor}**23. Custody Suite** The Custody Officer has the following duties regarding the Custody Suite of a Designated Police Station: i\. To check the cells and the surrounding area to ensure they are safe for the person in custody. If a cell is damaged, the damage should be repaired immediately or another cell used. ii\. The cell door and the main door to the cell complex will be kept locked at all times. iii\. Keys to the cell complex must be held by the Custody Officer or Assistant Custody Officer. iv\. Whenever a prisoner is removed from a cell they should be searched before returning to it. The cell will be physically searched once a day and a record should be made in the Custody Log. v\. The Custody Suite will be physically checked by the Duty Sergeant on taking over. vi\. On certain occasions HM Prison may host detained persons pending trial on grounds such as the seriousness of the case, to preserve peace, for the detainee's own protection or to avoid public disorders at stations. In such cases the approval of the D.C. is required. **A list of the Rights established by the Ordinance shall be displayed in the Custody Suite, printed in English, Greek and Turkish.** **An extra set of Keys for the Custody Suite shall be kept in the Control Room.** []{#section24.anchor}**24. Checking Detainees in Custody** ***"We are responsible for the care of persons detained in Police custody"*** i\. The detainee must be checked at least once every hour and the checks recorded in the Custody Log. The Officer concerned must visually check the detainee through the aperture in the cell door and ensure that all is well. If it becomes necessary to enter a cell, there will be at least two Police Officers present. ii\. Drunken detainees should be checked at least every half hour and should be roused and spoken to if asleep. iii\. Detainees who are exhibiting "at risk" warning signs must be visited more frequently. This usually means every 15 minutes or even placing them under constant watch. iv\. Frequency of checks will be in accordance with the relevant paragraph of the "Detained Persons Risk Assessment" Form. []{#section25.anchor}**25. "At Risk" Warning Signs Introduction** Research has shown that certain groups of people are vulnerable. These include: i\. The mentally ill or those receiving psychiatric treatment ii\. Drug and alcohol abusers iii\. People with a history of family problems or relationship difficulties iv\. People facing uncertainty over their future v\. People remanded in custody vi\. People charged with further offences vii\. People suffering a recent break up of a relationship. Some detainees may attempt to commit suicide or deliberately harm themselves whilst in custody. It is particularly important that any attempt of self-harm, however minor, is recorded in the custody log and brought to the attention of the Senior Management team as soon as possible. The Senior Management team will have the responsibility of monitoring self-harm attempts and recommending any appropriate action. All Police Officers should be vigilant for verbal and non-verbal clues to intended acts of self harm or suicidal intentions which can be given by a detainee. ***Verbal* clues include:** i\. Direct expressions of intention, such as "I'm going to slash my wrists!" or "I'm going to kill myself". ii\. Expressions of failure, guilt, hopelessness or loneliness, such as "I can't cope with this place!", "There's no point carrying on!", "I don't deserve to be alive!" or "Nobody cares about me!" ***Non-verbal* clues include:** i\. Minor acts of deliberate self harm, like scratching arms, face or the existence of scars from previous self abuse. ii\. Acquisition of implements, such as disposable razors, broken parts from plastic cutlery, bandages from wounds, etc. iii\. Behavioural changes, such as drastic change in mood or behaviour, sudden inappropriate displays of aggression or withdrawal etc. iv\. A detained person's personal problems can be magnified in custody. Any verbal or non-verbal clue by the person in custody should be recorded in the Custody Log and the Duty Inspector notified immediately. []{#section26.anchor}**26. Deliberate Self Harm / Suicide** If a prisoner deliberately harms themselves, the Custody Officer or any other officer discovering the incident should: i\. Immediately render first aid ii\. Summon medical assistance (ambulance or a Medical Officer) iii\. Fully record all the circumstances of the incident and the actions taken in the Custody Log iv\. Report the incident to Supervising Officers. v\. Treat the cell/area as a "Crime Scene". If a prisoner is found dead or dying in custody, the Police must attempt resuscitation and continue to do so until the person is taken to hospital or certified dead by a Medical Officer. The scene and Custody Records File should be secured and SBA Coroner should be notified. Chief Constable or the Divisional Commander should liaise with the latter and an Investigator be appointed to investigate the incident. []{#section27.anchor}**27. Supervision of Unconvinced Prisoners** - Persons in custody are to be allowed regular periods of exercise. When it is not possible to exercise within a secure area the Custody Officer must consider the using handcuffs to prevent an escape. Handcuffs must always be used when the prisoner is a potential escapee. - Supervisory Officers will themselves, from time to time, make spot checks and satisfy themselves that the directions given above are strictly complied with. - Unconvicted prisoners are not to be put to work other than cleaning and tidying their own cells unless they volunteer to work. - Detainees should be given facilities to wash themselves. They will use the ablutions and latrines provided for them and will not use those provided for Police personnel. Custody Officers are to see that detainees keep themselves and their clothing in a clean and hygienic state. - Detainees will not keep supplies of cigarettes, tobacco, matches or lighters. They will not be allowed to smoke in the Custody Suite. They may smoke when outside in the exercise area at the discretion of the Custody Officer and always in accordance with the "No Smoking Policy" of the station. Detainees are not to be allowed to smoke or sit about in general view of the public. - On no account will any detainee be allowed any alcoholic drink unless it is prescribed by a Medical Officer. - Detainees will be allowed out of their cells during the day for exercise, visits, smoking or interview and for only as long as necessary. - The Custody Officer and Officers escorting the detainees will ensure that detainees do not come into contact with unauthorised persons. - The Duty Inspector in consultation with the Investigating Officer/ Custody Officer must first authorise visits to detainees by relatives. - Communication between detainees and ministers of their religion may be in private if the detainee so requests. - All other visits and interviews will be under supervision and within the hearing of a Police Officer who understands the language to be used. Special arrangements will be made in respect of detainees who cannot communicate in English, Greek or Turkish. - Detainees will not leave the Police station or compound without the permission of the Divisional Commander except to attend Court, to be examined by a Medical Officer or to be taken from the station to assist the investigation of the case for which they were arrested. In such circumstances the Duty Inspector will make the necessary arrangements. []{#S28.anchor} **28. Meals** Detainees should be provided with meals obtained from military restaurants. If they prefer to have their own food this can be arranged provided they pay for it. Food should be examined by the Custody Officer for concealed weapons or messages. Detainees will take their meals in their cell. If there is a risk of the detainee escaping or harming themselves or others with utensils, they will be supervised whilst having their meal. []{#section29.anchor}**29. Designated Police Station Declared as Prison** With an order made and published in the *SBA Gazette* dated on 21st October 1960 and 9th November 1960 respectively, Episkopi and Dhekelia Police Stations are set apart as designated police stations and they can be used for the detention of convicted prisoners if and when needed. In such a case the prisoners will be treated according to the Prison (General) Regulations 2005. []{#section30.anchor}**30. Release of Arrested Person** The Duty Inspector in consultation with the Investigating Officer should decide whether an arrested person shall remain in Police Custody, be released on bail, or presented before a Court. The fact that maximum periods for Police Custody are provided does not justify the Police keeping arrested persons for full said periods. There must be no delay in pursuing necessary initial investigations and interviews so that the person may be released as soon as possible. The arrested person should be asked to sign the Custody Record and indicate any comments or dissatisfaction regarding their treatment by the Police. Should a detainee refuse to sign the Custody Record, a relevant entry must be recorded. Arrested persons will have returned to them all non-exhibited property, upon signature of receipt in the Prisoners Property Register. Any conditions imposed on a detainee's release should be clearly explained to them before they depart the station. []{#section31.anchor}**31. Supervision of Convicted Prisoners** Convicted prisoners held at the Police station are the responsibility of the Custody Officer under the supervision of the Duty Inspector. Convicted prisoners will be allowed out of their cells by day for as much time as possible. They will be put to useful work. Work outside the Prison may be authorised by the Divisional Commander. They will not be put to work on Sundays or Public Holidays, except for cleaning and tidying their cells. They are eligible for a daily payment for each full day's work. Pay will be credited and deductions will be made for small purchases in accordance with instructions issued. Prisoners will, as a general rule, be locked in their cells between sunset and 6am but this period may be varied by the Divisional Commander if need be. Prisoners are to clean and tidy their cells and then wash themselves first thing each day. They will keep their cells tidy at all times and may be given such facilities as are necessary to wash and take showers after working. They will use the ablutions and latrines provided for them and will not use those provided for Police personnel. Prisoners are responsible for washing their own shirts/blouses, socks and underclothing. Other items of prison clothing will be cleaned by the laundry or replaced as necessary. Prisoners should keep themselves and their clothing in a clean and hygienic state. Prisoners may in special circumstances with the permission of the Superintendent of Prisons, be allowed to have some items in their possession for their personal use such as DVD's, radios, game consoles etc. An application form is to be completed, for the approval of the Superintendent of Prisons, by the prisoner in question. Other approved items e.g. hygiene products and clothing will also be entered on the form. []{#section32.anchor}**32. Arrangements for Transportation** Where any person in legal custody in any place within one of the Areas is required to be transported to the other Area, they shall, if removed by aircraft belonging to, or charted by, or on behalf of, Her Majesty, be deemed to continue to be in legal custody until they reach the place to which they are required to be taken. (See Sec.5, Ord. 20/1961). For further details of processing of prisoners received at H.M Prison see Divisional Order 75/2005. Prisoners will be removed from one area to another only with the authority of the Superintendent or Deputy Superintendent of Prisons. An order to remove prisoners will be in writing and will be supplied to the senior escort who will be nominated by the Chief Constable, DCC or one of the Divisional Commanders. The production of the order to remove will be sufficient authority for the Officer in Charge to hand over the prisoner named to the escort. When it is necessary to transport prisoners through areas outside the SBA's, the Chief Constable, or an Officer on his behalf, will contact the JOCC to provisionally arrange for a date and time for transportation by helicopter. The number of prisoners and escorts will be stated. Notice of at least 24 hours should be given where possible. Transportation will be by helicopter unless the prisoner is military personnel in which case transport can be made by CJPU by road. When the date and time have been provisionally arranged the Officer in charge of the prisoners will arrange with the Medical Officer to have the prisoner certified as fit to travel by air between the Areas, commonly known as 'Fit To Fly'. The Officer in charge of the prison to which prisoners are to be taken will be informed by the Chief Constable, or an Officer on his behalf, of the date and time of the transport and of the number of prisoners and escorts. They will be informed of the expected time of arrival in the manner stated in the Instructions for Escort of Prisoners. The senior escort will be provided with the order to remove prisoners and a copy of the Instructions for Escort of Prisoners. When the escort reports to take charge of a prisoner, a detailed list of the prisoner's property will be entered on the back of the Order to Remove Prisoners. The list will be signed by both the Police Officer handing over the property **and** the escort. Any money, valuables, papers or other similar property of the prisoner which might be lost on the journey will be placed in an envelope which will then be sealed. Similarly the warrants of commitment, any medical certificates, the prisoners' property and Custody Record File will be handed over to the escort. Escorts will wear uniform and will carry with them ASP's and Quick-cuffs. ASP's and Quick-cuffs will on no account be used except to restrain prisoners who become violent or who appear to intend to escape and cannot otherwise be restrained. The Officer in charge of the prisoners will arrange for transport and a driver to be available. Where removal takes place in the early morning, arrangements will be made for prisoners to be provided with a meal at least 30 minutes before the time of departure. When removal takes place at other times, prisoners' meals will be regulated to ensure there is not an unduly long interval between them. If conveyed by road and by military escort the order to remove will be handed to the senior military escort of the CJPU. On arrival at the prison, the senior escort will hand over to the Officer in Charge, the prisoners, and all relevant documentation. The Officer in Charge of the prison to which the prisoners have been delivered will endorse the order to remove prisoners stating that the prisoners named have been received and the date and time of receipt. The order will then be sent to the Officer in Charge of the prison from which the prisoners were removed and will be attached to the prisoners' register. This procedure will apply whichever direction prisoners are transported, be it from WSBA to ESBA or vice versa.

Handling of Detained Persons and Volunteer PDF (SO LGL 3)

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