Police Scotland Probationer Training Programme PDF

OFFICIAL Unit 3 Lesson 7...

OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Learning Aim: The learner will be able to explain the legislation and procedures surrounding rights, care and welfare of persons in custody. Learning Outcomes: Introduction On successful completion of the lesson, Taking away a person’s liberty is an students will be able to:- infringement of their fundamental human rights. 1. Identify the risk factors officers must consider prior to arrest Officers must ensure that their actions are ECHR compliant, and that PLANE (Proportionate, Legal, Accountable, 2. Explain the importance of searching Necessary & Ethical) is used along with an arrested person Police Scotland’s Codes of Ethics in every decision. This lesson note deals with the:- 3. State the levels of search within the custody environment Rights Care and 4. Explain the risk assessment Welfare procedures in relation to the care and welfare of an arrested person of persons who have been arrested. 5. Explain police procedures in relation All of these rights also apply to persons who to the legal rights of all persons when have attended at a police station to assist the arrested police on a voluntary basis. The rights of people being held in prisons and how they are cared for may be different. 6. State the alternatives available when deciding whether or not to liberate an arrested person from custody 1 th Amended 5 April 2024 v.5 OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Key Information KI In the interest of the ongoing care and welfare of all arrested persons, all information, observations or suspicions you may have in relation to them must be passed to the custody supervisor or other person in charge. Risk Factors to Consider Prior To Arrest Custody is a very high risk area and the people who come into our custody are vulnerable and can be hostile, intoxicated or suffering with mental and medical health concerns. We as Police Officers must treat everyone in our custody and care with integrity, fairness and respect while maintaining full control of the subject to ensure the safety of everyone involved. Given this, we must consider any risk or perceived vulnerability that a potential arrested person may present to themselves and/or us. Immediately after arrest, you MUST inform the custody personnel of your impending arrival, providing the arrested persons full details, any warning markers received from system checks (PNC/CHS) and any behavioural/medical issues. The custody personnel will carry out additional system checks in advance of your arrival to establish if any other risks can be identified/ confirmed. The following is a list (not exhaustive) of those factors which may impact upon the subsequent placing of an arrested person in custody:- Head injuries and other injuries Physical disabilities Alcohol/Drug dependency or use of NPS Withdrawal symptoms Attempts/Thoughts of Self-Harm or Suicide Mental Health Problems Ongoing medical conditions, allergies or infectious diseases Medication (Prescribed or otherwise) Dental/Medical implants Dietary requirements (medical and religious) 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Difficulties in reading or writing Pregnant HM Armed Forces Compliance or other issues that might affect their time in custody. Should officers be able to, any prescribed medication or article belonging to the arrested person such as inhalers or insulin should be brought to the custody environment with the individual. Note:- Officers should not administer or allow an arrested person to take medication without seeking medical authorisation. Officers should consider their course of action and if the arrested person requires medical attention then this MUST be addressed by requesting an ambulance (if urgent) or by taking the arrested person to a hospital prior to attending at the custody centre. It is also worth noting that any arrested person who cannot stand or walk unaided due to perceived intoxication and cannot suitably answer the risk management questions put to them, will not be accepted by the custody supervisor and should be taken to hospital or some other place of safety. This is judged on a case by case basis. All arrests will be fully recorded and justified on the National Custody System (NCS). Taking Someone into Custody Upon arrival at the police station with your arrested person (subject), Criminal Justice Services Division (CJSD) officers and staff will discuss the rationale, circumstances and evidence of why an individual has been arrested and brought into custody. Officers must be prepared to explain the above criteria to support this. The custody Sergeant will consider the circumstances of the case and decide whether to continue the process and authorise the arrest. (See Arrest lesson for this process). The booking process will comprise of the subject receiving their respective rights in accordance with their age and their vulnerability. A full risk assessment will be used to determine how they will be monitored whilst within custody. 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Activity 1 A1 1. Looking at the previous list of risk factors, how would these factors impact upon the care of an arrested person whilst in custody? 2. Why do you think we search people before we take them into custody? The Importance of Searching an Arrested Person Whenever a person is arrested and when they are brought into police custody they will be searched. A search is carried out for the following reasons:- in the interest of public and officer safety, to preserve and recover evidence, and to prevent self-harm by the person in custody. 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Communication C It is important when carrying out any search that you explain to the person why you are searching them and how you will carry out the search, in an attempt to help the person being searched understand the process. This gives the person dignity and will likely lead to making the process easier and safer for them and staff. Transporting an Arrested Person When transporting an arrested person the following should be adhered to:- Arrested persons should always be searched prior to being placed within a police vehicle. A search of the police vehicle must be carried out prior to the arrested person being placed within and after the arrested person has been removed. The rear seats will be cleared of any operational equipment before placing a custody within. When placing an arrested person into a police vehicle consideration should be given to handcuffing the arrested person. If arresting more than one person effort should be made to convey each arrested persons separately. This will limit any contamination of evidence, collusion and maintain safety of the arrested person and officers. When transporting the arrested person an officer MUST always be directly observing the arrested person for their safety and wellbeing. In any case, at the commencement of your shift best practice would be to search your allocated police vehicle prior to use. 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Levels of Search - Custody There are three levels of search that could be carried out within the custody environment to allow this to be completed effectively. The common levels are:- Standard (Operational/Custody) Strip searching (Custody Only) Intimate Search (Custody Only) (See Care and Welfare of Persons in Police Custody SOP) Note:- these three are the types of search that will be relevant in a custody setting, there are additional types of search detailed in your OST manual which may be utilised elsewhere. Before being placed within a police cell after their search, the belongings of the arrested person will be recorded and secured. Most police stations now have CCTV, which will monitor this process. Appropriate control by officers and staff will be maintained at all times during any search. Feedback 1 F1 1. Providing custody staff with an awareness of potential risk factors will allow them to create an individual care plan, taking cognisance of the risks and needs of an arrested person. 2. The main purpose in searching custodies is to ascertain and record everything a person has with them when brought to the custody centre and to remove articles that:- May be used by the custody to harm themselves or others May be used to aid escape or cause damage Require safe keeping May be evidence 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Risk Assessment - Police Custody Centre Persons brought into custody are either HIGH or LOW risk. You are the first stage of this risk assessment and you have a role to play. You may be asked specifically if there is any other relevant information regarding the arrested persons behaviour, injuries etc. Every time you take someone into custody you should ask yourself whether you have obtained all the information regarding the arrested person, including their earlier conduct, which will enable a more accurate assessment of their custody care arrangements. This information may have come from the custody themselves whilst at the locus or during transport or concerns may have been highlighted by a family member or another individual at the locus. A risk assessment is carried out to consider the arrested persons:- Vulnerability; and any Threat(s) the arrested person may pose. This is normally done by the officer in charge asking the arrested person specific questions and noting any responses given. Vulnerability This assessment is based on the information available to the officer in charge of the station and will normally take account of factors such as:- Medical conditions requiring medication, observations or segregation Known drug or alcohol abuse or dependencies Suicidal tendencies or likelihood of self-harm Recent injury or illness Mental instability Requirement for protection or segregation from other prisons Conceals weapons, drugs or other contraband 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Threats In conjunction with the assessment of a person in custody’s vulnerability, consideration will be given to whether the person in custody poses any threats, for example:- Violent behaviour Escape attempts, alone or with associates Suffers from infectious diseases Mental instability Known to make false allegations Conceals weapons As a consequence of an arrested persons vulnerability and/or risk the officer in charge will take steps to ensure that the care, welfare and security of the arrested person is appropriate. Vulnerability Assessment Questions There are 21 Vulnerability Assessment Questions (VAQ) that form part of the assessment of vulnerability in custody which will be asked by custody staff at the police station. They are as follows:- 1. Do you have any injuries? 2. Have you had any knocks to the head in the past 48 hours? 3. Are you dependant on alcohol? 4. Have you used alcohol in the last 24 hours? 5. Are you dependant on drugs or other substances? 6. Have you used drugs or other psychoactive substances (commonly known as legal highs) in the last 24 hours? 7. Are you a regular user of psychoactive substances (commonly known as legal highs)? 8. Are you suffering from, or have previously suffered from withdrawal symptoms 9. Have you ever attempted self-harm or suicide? 10. Do you have any thoughts at present of self-harm or suicide? 11. Do you have any mental health problems or have ever received treatment for mental health problems? 12. Are you suffering from any ongoing medical condition, allergies or infectious diseases? 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 13. Do you take any prescribed medication? 14. Are you currently taking any other medication that you haven’t already mentioned? 15. Do you have any medical implants or surgical plates or pins? 16. Do you have any dietary requirements? 17. Do you have any difficulties with reading or writing? 18. Are you pregnant and if yes, for how long? 19. Have you recently been pregnant? 20. Have you ever served in HM Armed Forces? 21. Are there any compliance or other issues that might affect your time in custody? The completion of these questions in addition to the recording of officer's observations will contribute to the creation of a care plan. On completion of the VAQ and reviewing the custodies threat, the Custody Sergeant will grade them Low or High. In managing risk and establishing a care plan, consideration will be given to observation levels such as constant observations and frequency of visits i.e. 15/30/60 minutes, cell type and anti-harm clothing and blankets. As with risk and vulnerability being considered, all aspects of physical disability, religious culture and any other diversity consideration will be assessed and reasonable adjustments should be sought and if possible safely implemented. Suicide Prevention in a Criminal Investigation At all times during any investigation you should treat individuals with integrity, fairness and respect. A person who may potentially be at risk of suicide can be significantly influenced by the actions or apparent attitudes of Police Officers or police staff. On any initial contact with an individual during a criminal investigation, suicide risk management should be considered. This is relevant whether or not the individual is a suspect, accused, witness, victim, family member, partner or other person connected to the enquiry or incident. 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody For some individuals facing a criminal allegation irrespective of the type of enquiry the sudden shock of police involvement can be immediate and have a negative impact on that individual. The impact can be more profound for first time offenders and for those who have been arrested for more serious offences. In circumstances where a suspect of a crime or offence requires to be interviewed and whether from enquiries made, or from a suspect’s demeanour or comments they have made, they are deemed to be potentially at risk of suicide the interviewing officers must conclude the interview in the first instance and then ask the following:- Suicide Prevention Questions:- 1. How are you feeling at this time? 2. Are you having any thoughts of suicide or self-harm? 3. Have you ever attempted suicide or self-harm before? 4. How did you do this? 5. Have you thought how you would do this? 6. Have you taken any steps to do this (purchased items)? 7. People in your position often feel isolated and vulnerable - do you have family or friends you can discuss this with? 8. I would recommend you speak to your GP and inform them of the full circumstances and they will be able to assist you with any medical issue or refer you to the most appropriate professionals. 9. We will leave you with information on organisations and support agencies that can assist both yourself and your family with support and assistance in relation to a variety of needs. Note:- All officers should note that these questions are separate from those asked by the custody staff during processing or prior to release. When the questions have been asked, it is the responsibility of the officers to update the Custody Sergeant who will ensure that the NCS is updated. 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Custody Rights All persons in Police custody irrespective of age or vulnerability and regardless of whether they are to be interviewed by police, have the right to consultation with a solicitor at any time. The consultation can only be delayed by the Custody Sergeant in exceptional circumstances. Other rights whilst in custody will depend on the person’s age and/or vulnerability (See Appendix B). Adults (Aged 18 or over) Persons aged 18 or over may elect to have intimation of their custody sent to a reasonably named adult. The police may only delay informing such persons if the delay is justified:- in the interests of the investigation; or for the prevention of crime; or the apprehension of offenders. They also have the right to have a solicitor informed of their arrest and consultation with a solicitor. They will also have the right to have a solicitor present during any potential interview. These rights can be waived by the individual providing they have capacity. Vulnerable Persons If a person is 16 or over and appears to have a mental disorder affecting their ability to communicate with police and/or understand what is happening the investigating officer must request the attendance of an Appropriate Adult to assist. A person who requires an Appropriate Adult cannot waive their right to a solicitor present during interview. 11 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Children in Custody For the purposes of the Act, a child is someone under the age of 18. This category is separated in two:- Younger Children Those who are under the age of 16 and also persons under the age of 18 subject to a compulsory supervision order (CSO). Older Children Those who are 16 or 17 years of age, provided they are not subject of a CSO. Younger Children Younger children must have intimation of their custody sent to a parent or guardian, in the absence of either, consideration should be given to contacting Social Work Services. The parent or guardian must be given access to the child (see below). This must be done even if the child specifically requests that this information be withheld from their parent or guardian. This access may only be denied if:- Delay in giving access is necessary due to the suspicion that the parent or guardian may be involved in the crime or offence; or Delay is necessary in the interests of the wellbeing of the child. The child also has right of intimation and consultation with a solicitor. A child cannot be interviewed by Police without a solicitor being present, this right cannot be waived. Older Children Older children may elect to have an adult reasonably named by them informed of their custody. They may request a visit from their requested adult whilst in custody - this request must be accommodated. 12 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody The police may only delay informing such persons if the delay is justified:- in the interests of the investigation; or for the prevention of crime; or the apprehension of offenders. The older child has a right of intimation and consultation with a solicitor. The older child can consent to interview without a solicitor present, only with agreement of the named adult. Therefore, if the named person does not consent then the interview cannot take place. Note:- This can be overruled in exceptional circumstances (ie. immediate risk to life) but must be authorised by an Inspector or above, not connected to the case. Prior to Police Interview In addition to the foregoing rights, persons in police custody who are to be subject of a Police Interview must be asked further questions in relation to solicitor access. A Police Interview - Right of Suspect Form (PIRoS) must be followed and completed. The form is relatively simple to complete and will be carried out on the majority of occasions electronically by the custody officer on the National Custody System (NCS). In the event of a technical fault, a paper based processing form will be completed. (See Appendix A). At this stage, an arrested person is asked if they require a consultation with a solicitor or at any other time whilst in police custody. They will be asked again prior to any interview. Pre-Interview Review of Rights Not more than one hour before the interview commences, investigating officers must formally re-iterate the suspect’s rights and entitlements as Not Officially Accused and take any further action in respect of their rights as requested. This is known as the Pre-Interview Review of Rights. 13 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Best practice will be to complete this process immediately before commencing the interview. The pre-interview review of rights is an Aide Memoire in your Police notebook and on mobile devices and is used to confirm the previous information recorded on the PIRoS form already completed. Use of Interpreters/Appropriate Adults It is important that any person in police custody is informed of the reason for their custody. Therefore, should English not be their primary language, an interpreter should be arranged to ensure that they understand their rights. Similar provisions should be made for deaf people, via a British Sign Language (BSL) interpreter. Consideration should be given to contacting an Appropriate Adult if there are any concerns regarding the arrested person’s capacity to understand i.e. learning support or mental health disorders Ascertaining the person's preferred method of communication is key to providing fair and equal access in the custody process. (Further details of this are in Unit 6 - Adult Protection) Custody Disposals - Pre-Charge During police enquiries, officers have a number of disposal options open to them dependent on whether or not they have charged an individual with an offence. Where all enquiries have been concluded and there is insufficient evidence to charge, the person should be released under one of the following:- 1. Released without charge as grounds no longer exist 2. Released pending further investigation, while the enquiry continues or 3. Released on investigative liberation with conditions The first disposal speaks for its self as there has been no evidence to prove the subject committed the crime or offence, however, the 14 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody option to re-arrest and/or report the person at a later date remains, should further evidence come to light. The second disposal is where there is insufficient evidence to charge at that time but enquiries are ongoing which cannot be concluded immediately, the person should be released pending this further enquiry. Depending on the result of the continued investigation the person can be re-arrested and/or reported at a later date. Remember that each new arrest will be subject to the same Section 7 authorisation process, with officers having to evidence necessity and proportionality (presumption of liberty). This will be particularly important given that the person has already been arrested previously on the same matter. Investigative Liberation A person can only be released on Investigative Liberation if there is reasonable cause to suspect they have committed an offence and enquiries are ongoing. In the majority of investigations a suspect will be released from custody without conditions pending further enquiries or where enquiries are complete at that time; with the ability to re-arrest if required, and where the 12 hour limit allows. This allows the officers to continue to conduct their enquiries whilst realising the person’s right to liberty. Conditions can only be applied for investigative purposes by a Sergeant or above not connected to the enquiry. Note:- Conditions exist for a maximum of 28 days from the time of imposition. However, the power to re-arrest (within the 12 hour investigatory clock) does not expire with the conditions, and is still possible after the 28 days. Any conditions set must be necessary and proportionate and will be subject to ongoing review by a line manager of at least Inspector level. There are no standard conditions for investigative liberation. Conditions which can be imposed include those aimed at securing that the person liberated does not interfere with witnesses or evidence. A suspect released on Investigative Liberation has the right to make application to the court to have the imposed conditions reviewed, 15 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody during which the Court have the right to uphold, amend or remove some or all of the conditions. Note:- Where no conditions are imposed, this is not Investigative Liberation. The conditions will be added to a suspect's CHS record at the time of their liberation from police custody providing national visibility and increased victim safety. Custody Disposals - Post Charge Where the arrested person has been charged with the relevant offence(s), the Custody Supervisor has three standard disposal options available:- 1. Release for Report - (Summons) 2. Release on Undertaking 3. Keep in custody pending court appearance next lawful day - usually next day. When deciding on a custody disposal, the “Presumption to Liberty” and continuing duty under Section 50 not to detain unreasonably or unnecessarily will remain a major consideration for the Custody Supervisor, balanced of course against other factors and risks. A bespoke disposal will have to be made for each case, reflecting the unique circumstances of the incident and the people involved. The Lord Advocates Guidelines on Police Liberation and the Domestic Abuse Joint Protocol have both been revised to take into account the provisions of Criminal Justice(S) Act 2016. A flow chart has been added to Appendix C to summarise this information. Release on Undertaking An Undertaking is a signed written agreement whereby the accused is released from police custody and requirement imposed upon them. A person may be released from police custody on an undertaking only if the person signs the undertaking to highlight that they agree with the terms specified in the undertaking. If they refuse to sign they will be kept in custody. 16 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody The terms of an undertaking are that the person undertakes to:- 1. appear at a specified court at a specified time, and 2. comply with any conditions imposed while subject to the undertaking. The conditions which may be imposed are:- A. that the person does not i. commit an offence, ii. interfere with witnesses or evidence, or otherwise obstruct the course of justice, iii. behave in a manner which causes, or is likely to cause, alarm or distress to witnesses, B. any further condition that a Constable considers necessary and proportionate for the purpose of ensuring that any conditions imposed under paragraph (A) are observed. When releasing on Undertaking, special conditions can include a curfew restriction (on the authority of an Inspector or above). Sequential Arrest When you wish to interview someone as a suspect regarding another offence while they are in custody, they must be arrested under Section 1 of the Act, Not Officially Accused for that offence (or an offence arising from the same circumstances) and afforded the relevant rights, even if they are already being lawfully held on another matter. This involves “layering” a new arrest on top of an existing one. This concept is known as “Sequential Arrest". It is important to note that you cannot have a custody simultaneously held on suspicion of multiple unrelated offences. (i.e. running multiple arrest clocks) In fairness to the arrested person, you should only deal with one matter at a time and before moving to another arrest. The person must then be either liberated or charged with the initial offence and the relevant custody disposal determined and implemented. Each new arrest will be subject to the Section 7 authorisation and must be necessary and proportionate. Sequential arrests should not 17 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody be used merely as a means of prolonging a person's time in police custody. Example of Sequential Arrest It is Saturday morning and Terry Buchanan has been arrested and charged with a Domestic Assault. The custody disposal has been made and he is being kept in custody over the weekend to appear at Glasgow Sheriff Court on Monday morning. The CID now wish to interview him as a suspect in relation to an unrelated Housebreaking and take evidential DNA samples. Although he is already being lawfully held in custody (arrested - Officially Accused) in relation to the domestic incident, Buchanan requires to be Section 1 arrested "on suspicion" (not officially accused) of Theft by Housebreaking. This arrest will be subject to the normal S7 arrest authorisation process. If authorised, the 12 hour investigatory clock will commence in relation to this matter. Buchanan can then be interviewed and investigative Criminal Justice samples i.e. DNA obtained. (Remember Section 18 of the Criminal Procedure (Scotland) Act 1995 requires a person to be formally in custody on that matter before you are empowered to take samples). This new arrest does not detract from the legitimacy of the custody disposal in relation to the Domestic Assault. The investigators can charge or liberate Buchanan in relation to the Housebreaking without impacting on the original decision to keep him for court in relation to the Domestic Assault. Post-Charge Questioning (PCQ) A Post-Charge Questioning (PCQ) application can be initiated by the Police or under instruction from Crown Office. This allows officers to further interview a person about a serious offence despite having already been charged. This can only happen where significant new evidence comes to light (which had not been available at the time of interview). The process involves a formal application to the court. Instances of PCQ are rare and are limited to indictable (solemn cases) offences only. The person to be interviewed may still be in custody pending their court appearance or at liberty and awaiting trial. Any officer acting under a PCQ order, including an arrest warrant, must liaise directly with custody staff to ensure that the relevant 18 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody custody record is fully updated with the conditions contained within the court authorisation. Appendix A - PIROS form 19 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 20 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 21 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 22 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 23 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 24 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 25 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody 26 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Appendix B YOUNGER OLDER ADULTS CHILDREN CHILDREN 18 and Over Under 16 & those Aged 16 - 17 under supervision SOLICITOR SOLICITOR SOLICITOR ACCESS ACCESS ACCESS Cannot consent Can consent to Can consent to interview to being being interviewed without solicitor unless interviewed without solicitor they are a vulnerable without solicitor present but only person, then appropriate present in agreement with adult must attend and relevant person consultation must take place PARENT, GUARDIAN, CARER REASONABLY NAMED REASONABLY Must be informed NAMED unless detrimental to enquiry Must be informed unless detrimental to enquiry Can be informed on request of VISITATION person in custody VISITATION Must be VISITATION accommodated providing they can Must be accommodated attend within (if requested) providing reasonable time they can attend within and not detrimental reasonable time and not to enquiry or detrimental to enquiry or No requirement to suspect’s safety suspect’s safety permit visitation 27 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  Unit 3 Lesson 7 Release Without Charge “Not Officially Accused” Liberate Liberate Investigative Liberation Enquiries Complete Enquiries Ongoing Appendix C Rights, Care and Welfare of Persons in Custody Option to re-arrest multiple times for same offence up to a total OFFICIAL cumulative arrest time (without charge) of 12 hours 28 OFFICIAL No further positive lines of Caution & Charged enquiry “Officially Accused” Scots Criminal Law: Police Powers and Principles of Evidence Release for Report Retain in custody Pending Liberate on Undertaking FPN/Warning etc. court  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody For further information, use the resources shown below:- Legal Database:- Police Powers and Duties - Arrest and Custody Police Intranet - Care and Welfare of Persons in Police Custody SOP Review: You can identify the risk factors officers must consider prior to arrest You can explain the importance of searching an arrested person You can state the levels of search within the custody environment You can explain the risk assessment procedures in relation to the care and welfare of an arrested person You can explain police procedures in relation to the legal rights of all persons when arrested You can state the alternatives available when deciding whether or not to liberate an arrested person from custody 29 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 7 Rights, Care and Welfare of Persons in Custody Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 30 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL