R sessay v south london and maudsley nhs foundation trust

Mentally disordered persons found in public places The custody officer must fully explain the reason s for the search. Officers must provide a detainee with alternative clothing if their own clothing is wet, as they may be at risk from hypothermia. It provides, in a case of urgent necessity, for the compulsory admission of a person to hospital for assessment for a period of up to 72 hours: This is most effective when carried out on a regular basis, but with varying lengths of time between searches.

Section 54 3 and s. All alternative options should be fully explored before making a decision to remove menstrual protection.

Paragraph 34 2 of Schedule 4 to the Police Reform Act confers on designated escort officers a power to search and seize while in transit from the place of arrest to the police station.

This training should specifically cover thoroughness, control and restraint, and diversity issues. It provides as follows: Officers may use reasonable force to conduct such searches. They provide, as relevant, as follows: Also check that they are not soiled or infested.

Search of a detainee in custody 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.

Detention and custody

If appropriate control measures are not available or possible, it must not be used. When might a strip search become an intimate search? Staff must always consider whether they should exercise their powers to search before placing a detainee in a vehicle.

If necessary to assist the search, the detainee may be required to hold their arms in the air or to stand with their legs apart and bend forward so a visual examination may be made of the genital and anal areas provided no physical contact is made with any body orifice.

Any cell found to be structurally defective or in need of cleaning must be closed for remedial action. Duty of approved mental health professionals to make applications for admission or guardianship Search of a police vehicle Further information ACPO Personal Safety Manual of Guidance available via the MLE to registered users only Officers must search vehicles used to transport detainees before and after use and, where practicable, in the presence of the detainee.

Officers should not leave a detainee without any clothing as an alternative to constant supervision. The Claimant brought proceedings against the Commissioner of Police for the Metropolis, the Second Defendant, in respect of the actions of the police officers.

The case of PD by her litigation friend ZD v. 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.

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

Where forces have adopted these procedures, searching by custody staff and officers has improved. Notification of hospitals having arrangements for reception of urgent cases 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 There is a separate power to search at any other time, which is described in section 54 6A — 6C and applies where the custody officer believes the detainee is in possession of an item which could physically injure anyone including the detaineedamage property, interfere with evidence or help the detainee to escape.

Custody officers should also be trained to supervise the searching of detainees in cells. The detainee should be given the opportunity to check and sign the custody record to confirm that the record of the items seized is correct.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.

We would like to show you a description here but the site won’t allow us. [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—.

England and Wales High Court (Queen's Bench Division) Decisions Download
R sessay v south london and maudsley nhs foundation trust
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