SCHEME FOR CUSTODY VISITING TO POLICE STATIONS IN LINCOLNSHIRE

Section 4 - Working Arrangements

8. Visits are undertaken by pairs of visitors working together. Visiting in pairs allows for mutual support and corroboration, a shared understanding of issues and problems that may be encountered and can also contribute to safety in the custody environment. If one member of the team should not be able to attend for any reason the Authority's Scheme Administrator must be contacted so that a reserve can be provided (see Section 8 for contact details).
   
   
9. The Scheme Administrator will be responsible for rostering pairs of visitors through the issue of a quarterly visiting rota that will also include contact details of panel members and Force custody officers.
   
   

Visiting procedures at stations

10. Visitors should normally be admitted immediately to the custody area. If access is delayed this will affect the credibility of the scheme. It is inappropriate for access to be delayed because the custody officer is busy. In such circumstances visitors should be admitted to the custody area but invited to wait until the custody officer or another officer is available to escort them on the visit. Access should be delayed only when visitors may be placed in danger, for example if there is a disturbance in progress in the custody area. A full explanation should be given to visitors as to why access is being delayed, which should be recorded by visitors in their report.
    
    
11. Access should be given to all parts of the custody area including cells, detention rooms, charging areas, washing facilities, kitchen or food preparation areas and medical room (but not to drugs cabinets). Visitors will wish to satisfy themselves that these areas are clean, tidy and in a reasonable state of repair and decoration, and that bedding in cells is clean and adequate. Relevant storage areas may also be seen and visitors should check that there are adequate stocks of bedding and other necessary items. They should also verify that arrangements are established for the cleaning of blankets etc and for any necessary replacement of furnishings and equipment. They may inspect empty cells and detention rooms to check heating/ventilation systems and that toilet flushing mechanisms are working properly. They may visit interview rooms in the custody area if unoccupied, but it is not part of their role to attend police interviews with detainees. Visitors may not visit CID rooms or other operational parts of the station.
    
    
12. In addition to the risk of violence from detainees, police staff should also be alert to any specific health or safety risks that visitors might face and should advise them as appropriate. For example, visitors should always be told if there is a possibility of them coming into contact with detainees or cells exposed to CS spray.
    
    
13. In the interests of security and the safety of visitors, the custody officer or a member of the custody staff will accompany them during visits. However, the escorting officer should normally remain out of hearing during discussions between visitors and detainees.
    
    

Access to detainees

14. Subject to some exceptions, visitors may normally have access to any person detained at a police station. Detainees usually fall into the following categories:
    
    (a) PACE prisoners
    These will constitute the vast majority and are held under the provisions of the Police and Criminal Evidence Act 1984
    
    (b) Home Office prisoners
    These are remanded or sentenced prisoners who would normally be held in prison
    
    (c) Immigration detainees
    These are persons held under the Immigration Act 1971 and Immigration and Asylum Act 1999 who are subject to deportation proceedings or who are waiting to be removed from the UK as illegal entrants
    
    (d) People at risk
    These may be persons held under the Mental Health Act 1983 for their own protection or children taken into police protection under the Children Act 1989.
    
    
15. The privacy of the individual must be respected and only persons who consent to a visit may be seen. The escorting officer is responsible for establishing whether or not they wish to see the visitors. This should be done within the hearing of the visitors but, as far as practicable and in order to preserve the privacy of detainees, out of their sight. The escorting officer's introduction is a very important factor bearing on the effectiveness of the whole system of independent custody visiting and he or she should introduce the visitors in a positive way which will encourage the detainee to see them. Form P273 must be completed by the custody officer in respect of all detainees who are in custody at the time irrespective of whether they have indicated that they wish to be seen by a visitor or not. Form P273 should be signed by the detainee in each case to indicate his/her willingness (or otherwise) to be visited. Whether or not the detainee agrees to see the visitors the escorting officer should seek permission for them to have access to the detainee's custody record.
    
    
16. If a detainee is not in a position to give consent, perhaps because of the effects of drink or drugs or by virtue of a mental illness, the escorting officer should allow access unless it is considered that the visitors' safety would be at risk. In such circumstances the visitors may wish to speak to the detainee through the cell hatch. That may also apply where consent is given, but the escorting officer judges the visitors would be in danger from a violent or potentially violent detainee if they entered the cell.
    
    
17. Sleeping detainees can be woken at the discretion of the escorting officer to seek consent to a visit. However, where that would involve interrupting the continuous period of eight hours rest provided for under PACE, the normal procedure should be not to wake the person but to observe them through the cell hatch.
    
    
18. Police interviews with detainees should not be interrupted to facilitate visits. However, visitors may await the completion of the interview if they wish to see the person concerned.
    
    
19. Juveniles may be visited with their own consent. It is not necessary to obtain the additional consent of a parent or guardian. If an appropriate adult is in attendance to support a juvenile or vulnerable person, the detained person's wishes should be sought and respected as to whether the appropriate adult should attend any visit.
    
    
20. In exceptional circumstances the police may judge that it is necessary for a detained person not to be seen by visitors in order to avoid any possible risk of prejudicing an important investigation. Any decision to deny visitors access to a detained person should be taken by an officer of Superintendent rank and recorded in the custody record. The decision to deny access should be taken in each case in the light of all the relevant circumstances. There should be no presumption that access should be denied to any particular category of detainee or because a decision has been made that a person should be held incommunicado.
    
    

Conversations with the detainee

21. Conversations between detainees and visitors will take place in sight but out of hearing of the escorting officer. If for some reason the police consider that the escorting officer should remain within hearing, this decision will be taken by the custody officer. Visitors should bear in mind, however, that some detained persons may be violent or under the influence of drink or drugs and that the presence of a police officer may deter or prevent assaults on the visitor.
    
    
22. Visits will normally be conducted in English. Translation support should be provided in custody areas where necessary. On occasions it may be more appropriate to conduct a visit in another language spoken by the detainee, if one of the visitors is fluent in that language. However, in such circumstances care must be taken to ensure that the other visitor present is kept informed about what is being said.
    
    
23. Conversations should focus on checking whether or not detainees have been offered their rights and entitlements under PACE (including receipt of the necessary paperwork) and on confirming whether the conditions of detention are adequate. Visitors should do all they can to encourage an open exchange with the detainee and may wish to use a checklist to ensure that they cover all the relevant issues.
    
    
24. Visitors must remain impartial and should not seek to involve themselves in any way in the process of investigation. If detainees press them for advice about co-operating with the police, making a statement or anything in relation to their defence, they should explain that it is not part of their role. If a detainee seeks to make admissions or otherwise discuss an alleged offence, the visitor must tell them that the relevant contents of the visit may be disclosed in legal proceedings. If the detainee's concerns are linked to not yet having received legal advice, that is something the visitors may wish to take up with the escorting or custody officer.
    
    
25. If a visitor realises they know or are known by a detainee, they should consider whether to withdraw from the visit. The decision will depend on the nature of the relationship and its likely effect on the visitor's impartiality.
    
    
26. Visitors must not pass messages for detainees or perform other tasks on their behalf as this might compromise impartiality or the interests of justice.
    
    
27. Visitors will be primarily concerned with the overall conditions, standards and procedures at police stations. However, immediate concerns about the treatment of particular individuals should be passed on to those in a position to take corrective action. If a detainee indicates that they may harm themselves or any other person, this should immediately be brought to the attention of custody staff.
    
    

Custody records

28. Subject to obtaining the detainee's consent to view their custody record, visitors should check its contents against what they have been told by the detainee. In particular, visitors will wish to verify:
    
    
    • whether entitlements under PACE have been given and signed for
      
      
    • that medication, injuries, medical examinations, meals/diet are recorded
      
      
    • that procedures to assess special risks/vulnerabilities presented by the detainee have been properly recorded
      
      
    • the timing and frequency of cell inspections of inebriated or otherwise vulnerable detainees
      
      
    • the timing of reviews of the continuing need for detention
      
      
29. If a detainee is for any reason incapable of deciding whether to allow access to their custody record, the presumption will be in favour of allowing the visitors to examine the record.
    
    

Medical issues

30. Visitors have no right to see the detainee's medical records, even where these are attached to the custody record. However, key points relevant to medical treatment should be recorded in the custody record itself. Visitors will wish to pay particular attention to detained persons who are suffering from any form of illness, injury or disability. They should satisfy themselves that, if appropriate, medical advice has been obtained and establish from the custody officer what instructions for medical treatment have been given and confirm by consulting the custody record that these instructions have been carried out.
    
    

Dealing with issues and complaints

31. Where a detainee makes a complaint or raises an issue about their general treatment or conditions at the police station, visitors should (subject to the detainee's consent) take this up as soon as possible with custody staff or other staff at the police station in order to seek a resolution. The same applies to similar issues identified by visitors in the course of their attendance.
    
    
32. If a detainee makes a complaint of misconduct by a police officer, he or she should be advised to address it to the duty officer in charge of the police station. With the detainee's consent, visitors may notify the duty officer that the detainee wishes to make a complaint. In addition visitors may want to remind them that they can seek legal advice in relation to the complaint or ask to see a doctor if an alleged assault is involved. However, such complaints must be dealt with through the formal procedures which are laid down and there is no broader role for visitors. Visitors will not involve themselves in individual cases or make representations on detainees' behalf.
    
    
33. Remand or sentenced prisoners held in police stations who seek to complain about their conditions or treatment in prison should be advised that visitors cannot involve themselves in such matters and that there are recognised procedures open to them such as writing to or petitioning the Home Secretary or writing to their solicitor or Member of Parliament.
    
    

Effective working relationships

34. For independent custody visiting to be effective it is essential that visitors and police staff develop and maintain professional working relationships based on mutual respect and understanding of each others' legitimate roles. Such relationships can only exist where there is politeness and consideration on both sides. On the other hand, there is a range of behaviour which has the potential to create tension and conflict and some examples are given below. Visitors may cause difficulties by:
    
    
    • failing to appreciate police priorities
      
      
    • engaging in excessive petty criticism
      
      
    • criticising officers in reports without bringing that criticism directly to their notice
      
      
    • adopting an overly adversarial approach
      
      
    • concentrating on finding fault and trying to catch the police out
      
      
    • becoming involved in an investigation or advising the detainee on that investigation
      
      
    • criticising police action or questioning their judgement in areas outside the visitor's remit
      
      
    • telling or suggesting to the police what they should do
      
      
    • making promises to a detainee on behalf of the police
      
      
    • breaching confidentiality
      
      
35. On the police side, problems may arise from:
    
    
    • failing to accept visitors' status and recognise their responsibilities
      
      
    • demeaning or belittling visitors
      
      
    • treating visitors with indifference or disrespect
      
      
    • unreasonably delaying or limiting access to custody areas
      
      
    • being insufficiently positive when introducing visitors to detainees
      
      
36. All these issues must be seen against the background of the need to strike the right balance between establishing effective working arrangements and developing a relationship that is too close and "cosy". Where the latter occurs it becomes increasingly difficult for visitors to provide the objective and constructive review of procedures and conditions which is a key part of their role.
    
    

Reporting on a visit

37. Recording the contents of a visit is one of the most important aspects of the system. Visitors may wish to make notes in the course of the visit, but should explain to the detainee why they are doing so.
    
    
38. At the end of each visit, and while they are still at the police station, visitors should complete a form P274 Custody Visiting Report (copy at Appendix A) in triplicate. Custody staff should not be present while visitors discuss their findings and complete the report. Wherever possible they should be able to use a private area for this purpose. Details should include both specific matters (which may already have been brought to the attention of police staff) and more general issues relating to custody conditions or procedures. All reports must be completed in English even if the visit has been conducted in another language.
    
    
39. Visitors will retain one copy of the report which they will forward to the Scheme Administrator using pre paid envelopes supplied.
    
    
40. Where a matter of concern has been raised by the visitors on a report, the concern will be addressed by the Divisional Commander who will then write to the visitors concerned via the Scheme Administrator, explaining what action has been taken.
    
    
41. Responsibility for informing the public of the results of the programme of visits rests with the Police Authority. Reports on visits undertaken will be made to meetings of the Authority's Complaints and Conduct Committee. As with other public reports to the Committee, it will be widely circulated with the Agenda for meetings to press and libraries.
    
    

Confidentiality and disclosure

42. Nominated visitors will be required to sign an undertaking of confidentiality at the time of their authorisation. During the course of their duties, visitors will acquire considerable personal information about persons connected with police inquiries, the majority of whom will not at that time have appeared in Court and some of whom may never appear at Court. That information must be protected against improper or unnecessary disclosure.
    
    
43. The Custody Visiting report forms include an undertaking not to reveal confidential information obtained in the course of a visit. A breach of this undertaking may make a visitor liable to civil proceedings by the detained person concerned. This extends to discussion of individual cases and identities with other custody visitors and to the system of written reporting to the Police Authority of the results of visits. The unauthorised disclosure of facts concerning police operations or the security of police stations may also constitute an offence under Section 5 of the Official Secrets Act 1989.
    
    
44. Conversations between visitors and detainees are not privileged and it would be open to a court to issue a witness summons requiring the attendance of a visitor to give oral evidence or to produce documents such as a report of a particular visit. Visitors are under no obligation to give evidence or produce documents other than in response to a court order, but would be obliged to respond to such an order.
    
    

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Independent Custody Visiting