Key Issues for Detainees in Police Custody Nicholas Long – Commissioner Independent Police Complaints Commission

Presentation content To look at IPCC concern and activity around the following areas: - Deaths and ‘near misses’ in police custody - Research on police custody as a place of safety - IPCC’s work concerning learning the lessons

Deaths in Custody: Context Includes from point of arrest through to formal release from custody On average 30 people die in custody or on arrest each year

Circumstances of Deaths, 2006/07 In 06/07: - 4 deaths occurred in a police cell (1 was an apparent suicide attempt) - 21 people died or were pronounced dead having been taken to hospital (1 after an apparent suicide attempt in a police van) - 2 people died during or shortly after arrest having collapsed during a struggle with officers.

Causes of Death Cause of death is known for 20 of the 27 deaths: 6 people suffered heart failure 5 individuals died from natural causes 4 people died as result of long-term drug or alcohol misuse, or OD on prescribed medication 2 people died after concealing items in their mouth and asphyxiating 1 individual’s death resulted from self-strangulation 1 person stopped breathing during arrest 1 person died of head injuries which were recorded on arrest

Custody Deaths - Key Issues Mental Health: Previous research has shown that approx 50% deaths in police custody, deceased had mental health needs Substance use: 22 of the 27 people who died were reported to have consumed, or be in possession of drugs &/or alcohol Information Sharing: Completed investigations have highlighted issues around information sharing within and between agencies

‘Near Misses’ Near misses also important source of info. Recent IPCC research identified following key issues: -Symptoms of medical conditions confused with those of alcohol intoxication - ‘masking’ -Dangers of drug swallowers - unpredictability Detainees taking drugs from FMEs -Removal of items from detainees at risk of suicide / self harm -Issues around supervision / CCTV / rousing -Interagency communication

Police Custody as a Place of Safety Section 136 of the Mental Health Act 1983 –“if a constable finds…a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control…he may…remove that person to a place of safety” –This may be a “hospital, police station, mental nursing home or residential home or any other suitable place”.

Police Custody as a Place of Safety IPCC interest: -View that police custody not suitable place of safety -Our cases – show issues around s 136 and MH -PCA research found 50% deaths in custody involved MH -No national figures on s 136 in police custody -IPCC research to look at nature and extent of s 136 usage in police custody

Police Custody as a Place of Safety Research found: - during 2005/06 approximately 11,500 people were detained in police custody under s rates ranged from 0 to 28 s.136 detentions per 1000 people held in custody - average age was 36 years; range from 12 to 89 years old - 4% were aged 17 years or under - average amount of time in police custody was 10 hours (5% over 24 hours) Follow-up qualitative work looking at geographical differences

IPCC Work on Learning Lessons The IPCC Guardianship role involves promoting policing excellence by drawing out and feeding back learning The IPCC can make recommendations and give advice on police complaint arrangements and on other matters of police practice that appear necessary or desirable It reports to the Secretary of State on matters which should be drawn to his or her attention, including reasons of gravity or exceptional circumstances

Focus on Lessons for Operational Learning It is the duty of the IPCC to feed back into police practice: Section 10 (1)(e) of the Police Reform Act Learning the Lessons Bulletin -Recently created – circulates recommendations to forces from IPCC investigations -January 2008 Bulletin to focus on police custody Some key themes listed below.

Emerging learning issues Checking detainees and cells CCTV Transfer of prisoners Mental Health Drugs and Alcohol Restraint