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Aircrew services: Personal equipment connector (PEC) provides connections for main oxygen, emergency oxygen, air ventilated suit, anti-g suit and mic/tel Restraint may take place prior to arrival in custody or within custody. Prior to arrival in custody, conditions are variable and officer(s) must apply the NDM to the particular circumstances, as appropriate. A detainee should not be left alone and unsupervised in a vehicle. Custody officers may (under section 54 of PACE) seize clothing on the grounds that they believe a detainee may use it to harm themselves. See also paragraph 4.2 of PACE Code C.
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. Such decisions, and any searches arising from them, must comply with PACE and the codes of practice. 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. Section 76 of the Criminal Justice and Immigration Act 2008 suggests that whether or not the use of force was reasonable in the circumstances will be decided with reference to the circumstances as the officer believed them to be at the time of the force, such as when making the arrest. Where the detained person has sustained a head injury as a result of the secondary effect of the Taser discharge, they should be transported to hospital to be medically assessed and have the injury monitored.Where a detainee has menstrual products removed as part of a strip or intimate search, they should be offered a replacement without delay. The ruling in this case is at variance with PACE Code C, Annex A, paragraph 11(e) on strip searches. Despite this ruling, care should clearly be taken in the operational context when considering such intrusive activity. Property removal and storage
Officers must closely monitor a person following discharge of the Taser. If the person is detained in a cell, they should be monitored and observed according to the risk assessment, such as at level 3 (constant supervision) or level 4 (close proximity). Warning signs include a detainee complaining of chest pain or shortness of breath. Police officers are frequently required to deal with potentially violent situations and may need to use control and restraint techniques. Principles of using force in custody Where a detainee is taken directly to a hospital (under section 136 of the Mental Health Act 1983, or for any other medical reason) the doctor taking charge of the patient at the hospital must be told that a Taser has been discharged on the detainee. The custody officer should explain to the detainee why they are being searched and is responsible for the safekeeping of any property taken from the detainee. Officers must make a record of any force used on any person who has been arrested (including those detained under the Mental Health Act 1983 for management information.The custody officer should supervise all cell relocations and avoid becoming physically involved by ensuring sufficient staff are available. Where an immediate relocation is necessary, it may be impractical to wait for additional staff. The supervisor is accountable for the way in which the incident is managed, but the safety officer and all other officers and staff involved have a responsibility to be aware of any signs of distress and trauma. Pre-planned cell relocation Detainees should not be asked to squat during a strip search. The custody officer must fully explain the reason(s) for the search. Custody officers should consider repeating this later during custody if the circumstances of the search were volatile. With specific reference to restraint and drug use, restraint is significantly more likely to be used in a drug-related arrest than during a non-drug-related case. IPCC (2010) Deaths in or following police custody: An examination of the cases 1998/99 – 2008/09 found that of the 56 drug-related cases of death in or following custody, 43% had involved restraint of the individual. Most commonly, the restraint technique involved officers holding down the individual. For further information, see the Dame Elish Angiolini Report of the Independent Review of Deaths and Serious Incidents in Police Custody. Warning signs for physical violence the force resulted in any injury that amounts to at least actual bodily harm under section 47 of the Offences Against the Person Act 1861
Where the removal of menstrual products isconsidered necessary as part of a self-harm or suicide risk, it should be subject to further specific risk assessment. All alternative options should be fully explored before making a decision to remove menstrual protection. Withholding articles A detainee who is restrained, including restraint using mechanical equipment, should be under constant observation (level 3) or in close proximity (level 4) so that officers and staff can monitor all vital signs and make appropriate intervention if a medical emergency arises. See detainee care, levels of observation. The Independent Advisory Panel (IAP) on Deaths in Custody has published common principles for safer restraint Section 54(3) and (4) of PACE provide the power to seize clothing which might be used to cause physical injury. Section 53(6) and (6A) treat the process by which clothing and other articles might be found and/or seized as a search. Searching detainees is important as it reduces the risk of harm to staff, protects the safety of detainees and allows material to be seized that may be subject to legal proceedings.
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Detainees experiencing the effects of alcohol, drugs, a mental health condition or a medical condition are particularly vulnerable to the impact of being restrained. Officers and staff should give particular attention to detainees who have been subjected to the discharge of a Taser who are known to have or are suspected to have conditions such as diabetes, asthma, heart disease, epilepsy or any other condition which may influence the individual’s fitness to be detained. This includes the consumption of alcohol and/or drugs. Section 54 of PACE provides a power to search an arrested person on arrival at a police station. There is a separate power to search at any other time, which is described in section 54 (6A) to (6C) and applies where the custody officer believes the detainee is in possession of an item which could physically injure anyone (including the detainee), damage property, interfere with evidence or help the detainee to escape. After arrival and while at a police station both powers apply, but only to constables and designated detention officers by virtue of paragraph 26 of Schedule 4 to the Police Reform Act 2002. When considering the use of control measures or tactics for control or restraint in a custody suite, officers must give full consideration to the circumstances and which options are the most proportionate. The custody officer must be alert to any signs of injury or effect caused by restraint and any behaviour or symptoms of illness that may indicate a need for medical attention. Where necessary, detainees requiring urgent medical attention should be taken to hospital. Officers should update the custody record accordingly.
Officers and staff should avoid using the prone restraint position unless it is proportionate to the threat and necessary in the circumstances. Officers should keep the period for which it is used to a minimum. The touching or applying of bodily force to any orifice (other than the mouth) or the immediate surroundings of any body orifice would constitute an ‘intimate search’ for the purposes of PACE. However, this position has been complicated by the 2021 ruling in Owens v Chief Constable of Merseyside Police [2021] EWHC 3119 (QB). On arrival at the custody suite, the secure environment should mean that conditions are more controlled. As soon as possible, the escorting staff must inform the custody officer about any control methods or restraint techniques used. There is also a responsibility on the custody officer to include this as part of the risk assessment. They should ask the arresting/escorting officer if any control measures or restraint techniques were used during arrest and transportation. For further information, see ACPO (2012) Personal Safety Manual of Guidance (available via College Learn to registered users only). Cell searches
Restraints for Corrections Facilities
In recording the use of force, officers and staff should use the following categories as a minimum: Officers should enter any instance of the use of a Taser on an individual and the fact that an information leaflet has been provided in their custody record and use of force form. Searching detainees
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