N de éstos o un reconocimiento de su insuficiencia?

Independent Custody Visitors (ICVs) are volunteers whose role is to attend police stations to check on the treatment of detainees and the conditions in which they are held, and to establish that their rights are being observed. This protects both detainees and the custody staff, and provides reassurance to the community at large.

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123 Responsibility for organising and overseeing the delivery of independent custody visiting lies with police authorities (to be replaced by Police and Crime Commissioners) in consultation with chief constables.

ICVs can visit police stations at any time and must be given immediate access to all custody areas unless doing so would place them in danger. A custody officer can delay but not deny access. A full explanation must be given for the delay and the explanation recorded by the ICV in their report. Where there is a reasonable belief that there is a danger to the visitor or that access could interfere with the process of justice, an officer of the rank of inspector or above can limit or deny access to a specific detainee. Such a decision must be recorded in the detainee’s custody record and by the ICV in their report of the visit.

During a visit, the custody officer or member of custody staff must escort the ICVs and advise them of any specific health and safety risks they may encounter. ICVs may have access to all parts of the custody area and associated facilities, eg, food preparation areas and medical rooms. They may also, subject to the consent of the detainee, speak to them about the adequacy of the detention facilities, the detainee’s rights and entitlements, and the health and wellbeing of the detainee. It is the responsibility of the custody officer to ensure that:

• The detainee is informed of the function of the ICV; • The detainee is prepared to speak to the ICV.

This may be established by self-introduction by the ICV (in the presence of the custody officer/staff) or by the custody officer or custody staff member. An ICV may review a detainee’s custody record, but they may not view their medical notes.

At the conclusion of every visit, a copy of the ICV’s report is left for the attention of the officer in charge of the station. The findings from visits should be discussed by ICV groups and reported to the police at local, area and force level. There must also be regular feedback to the police authority.

For further information about the obligations of custody visitors, see PACE Code C and Notes for Guidance 1F, Code of Practice (2010) Independent Custody Visiting at http:// www.icva.org.uk and 11.4 CCTV.

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6.12 DIVERSION AND REFERRAL

This guidance supports the definition of diversion from Bradley (2009) The Bradley Report:

‘Diversion’ is a process whereby people are assessed and their needs identified as early as possible in the offender pathway (including prevention and early intervention), thus informing subsequent decisions about where an individual is best placed to receive treatment, taking into account public safety, safety of the individual and

punishment of an offence.

The Bradley Report, 2009, p 16

The term diversion is predominantly used in the context of those suspected or convicted of criminal offences and can apply at different stages in the criminal justice response. For example:

• Diversion from the criminal justice system altogether by: a decision not to invoke the criminal law (for example, by concluding that a criminal offence has not occurred); by recording a criminal offence according to the National Crime Recording Standard (NCRS) but not taking any further criminal justice action; or by discontinuing a prosecution (for example, following a decision by the CPS that charging is not in the public interest);

• Diversion from prosecution by use of a fixed penalty notice, caution or conditional caution, reprimand, final warning or other ‘Restorative Justice’ resolution;

• Diversion from prison by a hospital order, guardianship order, non-custodial sentence, fine or discharge.

Diversion at the first two stages involves decisions by the police and CPS, but may involve other agencies at various points depending on the circumstances. Diversion from prison involves decisions by the court, which should be supported by information from the police, CPS and other relevant agencies.

The duty to act on foreseeable risks can extend beyond release. Referral to another agency following the issue of a conditional caution, release, or transfer from police custody may prevent deaths

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125 following police contact or incidents of self-harm. It can also help to break the reoffending cycle.

Agency referral is possible through the use of conditional cautions, where arrangements have been made between forces and local agencies to provide alcohol and drug awareness or support programmes, and via a simple referral mechanism to a relevant agency on release. Both of these methods require consent and a level of commitment on the part of the detainee for success.

There are a number of agencies which assist people needing help or support on release from police custody. These may include statutory agencies such as Community Mental Health Teams and General Practitioners, or voluntary agencies such as the Samaritans and local alcohol and drug diversion workers.

The main triggers for referral may include: • Risk of deliberate self-harm;

• Risk of suicide; • Drug abuse;

• Alcohol or other substance abuse;

• Risk to others, including domestic violence; • Request by detainee;

• Risk of attack by others.

Others include: mental health, physical health, family problems or relationship difficulties, housing, financial or employment problems, bereavement or bullying.

Forces should consider facilitating access to external support workers for detainees who have been remanded in custody.

Forces should consider developing policies and protocols for sharing information with other agencies. The use of the templates and the provision of directories of suitable agencies for referral, (eg, local NHS directories) is recommended. Directories should be made readily available in custody suites.

The use of templates for agency referral should: • Ensure appropriate information is captured;

• Ensure information pertaining to identified risks is appropriately communicated to agencies;

• Act as an aide-memoire, with regard to the rules;

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126 • Provide the opportunity for electronic exchange.

Information obtained by the police while dealing with a detainee is confidential. Recording, retention and deletion of this information must be in accordance with the principles of the ACPO (2005) Code of Practice on the Management of Police Information.. For further information see PACE Code C, paragraphs 3.8 to 3.10 and the Data Protection Act 1998 and ACPO (2010) Manual of Guidance on the Management of Police Information, 2nd edition. Provisions are made for sharing information in specific situations in the Crime and Disorder Act 1998.

For more information on forms of diversion for detainees suffering mental ill health, see 8 Mental Ill Health and Learning

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7

ALCOHOL AND

DRUGS

Contents

7.1 Drunk and Incapable

7.2 Under the Influence of Alcohol 7.3 Additional Risks Associated with

Alcohol

7.4 Additional Risks Associated with Drugs

7.4.1 Swallowed or Packed Drugs Packages

7.4.2 Restraint and Drug Use 7.5 Rousing and Consciousness 7.6 Diversion

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