R sessay v south london and maudsley nhs foundation trust

Officers should not automatically see strip-searching individuals for their own protection as the best way to prevent them harming themselves. Custody officers should also be trained to supervise the searching of detainees in cells. C The Code of Practice.

All arrested persons who have been subjected to the discharge of a Taser must be examined by a forensic medical examiner as soon as practicable. If a detainee has medication with them, this should be retained and only administered after examination and authorisation by an HCP.

Replacement clothing All custody suites should retain an adequate supply of replacement clothing to issue to detainees as necessary.

Duty of approved mental health professionals to make applications for admission or guardianship Forces must only use a defective cell as a last resort. In large-scale public order situations it may be safer to remove the detainee from the incident and then conduct the search.

Sections 11, 12 and 13 are material to the present case.

Staff must always consider whether they should exercise their powers to search before placing a detainee in a vehicle. The material parts of section 6 provide as follows: Officers should fully explain this leaflet.

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

Damaged mattresses and blankets may be more easily torn by a detainee to make into a ligature. Cell searches Officers must visually inspect and search all cells and detention rooms on release of a detainee and before new occupancy, to ensure that: Sections 5 and 6 of the Mental Capacity Act do not confer on police officers authority to remove persons to hospital or other places of safety for the purposes set out in sections and of the Mental Health Act Sections and of the Mental Health Act are the exclusive powers available to police officers to remove persons who appear to be mentally disordered to a place of safety.

Where a detainee is taken directly to a hospital under section of the Mental Health Actor 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. 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.

Documenting decisions Officers must document the decision-making process on the custody record and include the reason for the search, those present during the search, those conducting the search and a record of any items found or seized. Does it fit properly, are the welds secured, does the handle work correctly and is surrounding plasterwork undamaged?

Where forces have adopted these procedures, searching by custody staff and officers has improved. Where the removal of menstrual products are considered necessary as part of a self-harm or suicide risk, it should be subject to further specific risk assessment. Where a detainee has menstrual products removed as part of a strip or intimate search, they should be offered a replacement without delay.

Section 5 4 provides that: This is most effective when carried out on a regular basis, but with varying lengths of time between searches. Section 54 3 and s. Search on arrest Section 32 of PACE sets out the powers of a police officer to search a person on arrest.

J v Foundation Trust [] Fam In unmodified vehicles, officers should give attention to the area down the back of the seats and the footwells, as these are the most likely places for items to be concealed. FFLM guidance on the clinical effects of Taser and managing those subjected to Taser discharge There are cases where persons exposed to Taser have died sometime after discharge where the cause of death is unlikely to have been the device itself.

If the person is detained in a cell, they should be monitored and observed according to the risk assessment, ie, at level 3 constant supervision or level 4 close proximity. Any cell found to be structurally defective or in need of cleaning must be closed for remedial action.[Removal etc of mentally disordered persons without a warrant] —[(1)If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—.

Principles of using force in custody. All police officers and custody staff should be aware of the dangers of positional asphyxia and restraining people experiencing acute behavioural disturbance (ABD), which is a medical emergency.

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R sessay v south london and maudsley nhs foundation trust
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