In the custody facility: booking in, individual needs and legal rights

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Custody staff interact with detainees courteously and all detainees are treated with dignity throughout their detention.
• Detainees can disclose any confidential information or vulnerability in private.
• Detainees with caring responsibilities can make a telephone call to organise care for dependants (see Appendix II, note iv) if this is not yet in place.
• Custody staff proactively support detainees during their detention and are alert to and understand the impact of detention, particularly for those detainees identified as vulnerable and/or high risk.
• Where custody staff come across unfair or discriminatory treatment, they challenge, eliminate and report it.
• Custody staff explain to detainees that CCTV operates in the facilities and, if CCTV operates in the cells, how detainee privacy is ensured.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Staff have a good understanding of and can identify and meet the specific needs of detainees with protected and minority characteristics, including children, older people, women (including women who are pregnant or breastfeeding), detainees from all racial and ethnic groups, detainees with disabilities (including non-physical disabilities), detainees of all religions and beliefs, detainees of all sexual orientations, and trans and intersex detainees. Staff understand that individuals may have multiple needs.
• There are enough female custody staff and appropriate provision and facilities to respond to the welfare needs of detained women and girls. Women and girls are routinely provided (without having to ask) with menstrual care products suitable for their needs.
• Women and girl detainees only share accommodation with each other.
• Reasonable adjustments are made for detainees with disabilities, including non-physical disabilities.
• Detainees are allowed to practice their religion fully and can speak to a chaplain of their faith in private on request. There is a range of religious observance materials, and detainees are searched in a religious and culturally sensitive way.
• Custody staff understand that young adults may have specific needs and respond appropriately to differing levels of maturity.
• Custody staff identify and appropriately address the specific needs of trans detainees.
• Staff have access to accredited translation and interpreting services to help detainees understand their rights and other custody processes, and whenever accuracy and confidentiality is important.
• Legal rights and other documents are provided for detainees to access information in a language and format they can easily understand.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees are received into custody directly and without delay. There is an ongoing risk assessment of all detainees where there is a delay in booking in.
• Custody staff effectively assess and respond to any risk detainees pose to themselves and/or others.
• Escort staff communicate all relevant information about detainees to custody staff to contribute to the risk assessment process.
• Staff demonstrate awareness and understanding of the different ways in which detainees may present mental health problems and other vulnerabilities and respond appropriately.
• Staff have access to appropriate medical services and make referrals as appropriate.
• Any contact with a doctor or other health care practitioner is recorded in the custody record and/or detainee escort record, with relevant information shared with custody staff, including any medication provided or required.
• Care plans and observation levels reflect risks identified on arrival, and assessments are ongoing and reviewed throughout the period of detention.
• Staff explain to detainees how to use the emergency call bells and they respond promptly when a call bell is activated.
• Staff provide suitable care to support detainees at risk of harming themselves or others.
• The removal of clothing to manage self-harm is based on an individual risk assessment, as a last resort, and when other options have been considered.
• Staff understand the purpose and importance of regular monitoring and rousing, particularly for detainees under the influence of drugs or alcohol.
• Where there is a need for detainees to share accommodation, decisions are based on a systematic risk assessment which is undertaken before they share.
• Detainees not yet sentenced only share accommodation with each other.
• Staff checking detainees always carry anti-ligature knives.
• Handovers involve all custody staff where possible. They are recorded and conducted in private and result in the accurate sharing of relevant information.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detention in custody is appropriately authorised by a commanding officer and fully recorded (see Appendix II, note v).
• Information on vulnerability and associated risk factors is communicated between custody staff and investigating officers to inform decisions on the prioritisation and progression of cases.
• Cases are progressed to allow detainees to be released or transferred at the earliest opportunity.
• Reviews are conducted on time every 12 hours to make sure that cases are being progressed and that ongoing detention in custody is necessary. Following reviews, detainees are reminded of the reasons for their continued detention in custody and this is clearly recorded.
• Reviews of detention of a person who is vulnerable, including children, are conducted in person unless exceptional circumstances mean this is not possible. Custody staff inform the commanding or delegated officer of any circumstances that may indicate that ongoing detention is inappropriate.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Detainees are provided with information as soon as possible so that they understand the reason(s) and necessity for their arrest. Custody staff clearly explain these in the presence of the detainee, taking into account any learning needs, and a written record is maintained.
• All detainees receive their rights and entitlements. Any delay in issuing them is recorded in writing and appropriately authorised.
• Detainees are helped to understand their rights, including rights of appeal and, where applicable, their right to elect to be heard by court martial.
• Information about the service justice system is available in a format that detainees can understand.
• Detainees are told that they can ask staff to inform someone of their whereabouts, and staff contact this person as soon as possible
• Detainees are told that they are entitled to free legal representation in private and as soon as possible. Detainees understand they may choose military or civilian legal representation. Detainees’ reasons for declining representation are recorded.
• Detainees or their legal representatives can obtain a copy of their custody record.
• Written translations of documents such as the authorisation and extension of detention are readily available and used when required.
• Detainees have access to the materials they need to prepare their defence.
• Foreign national detainees can consult with their relevant Consulate, Embassy or High Commission on request.
• Detainees are not interviewed while under the influence of alcohol or drugs, or if medically unfit, unless exceptional circumstances prevail. In this case a record is made of those circumstances.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

• Complaints procedures are well promoted. Detainees know how to complain and are provided with relevant information in a format they understand.
• Complaints can be made confidentially and outside of the chain of command, and detainees are able to have someone make a complaint on their behalf.
• Detainees are asked if they would like to make a complaint prior to release or transfer from the facility. Complaints are taken and recorded before detainees leave custody.
• Detainees’ complaints are investigated fairly, answered promptly and are monitored, with any significant concerns addressed and outcomes recorded.
• Detainees are not discouraged or deterred in any way from complaining. They are not subjected to any form of intimidation or disadvantage because they have made a complaint.
• Detainees are not discouraged from speaking to inspectors or other independent visitors to custody or disadvantaged in any way if they have done so.