Custody Management Procedure

Purpose. This procedure sets the steps for receiving, assessing, monitoring and releasing persons in police custody so that every person is kept safe and every legal obligation is met.

1.Reception

The custody officer must record the person's details, the reason for custody, the arresting member and the time of arrival in the Custody Register before the person is placed in a cell. The person must be told the reason for their detention and their rights, including the right to communicate with a lawyer and a friend or relative. Property must be searched, itemised, signed for and stored in a sealed bag.

2.Risk assessment

The custody officer must complete the Custody Intake and Welfare Assessment Form for every person received. The assessment covers intoxication, injury, medical conditions, medication, mental health, self-harm indicators, disability and any threats to or from other persons in custody. Where any risk indicator is present, the custody officer must set a welfare check interval of fifteen minutes and must consider calling a medical practitioner or ambulance.

• Intoxication by alcohol or drugs
• Injury or illness
• Prescribed medication
• Mental health concern or self-harm history
• Aboriginal or Torres Strait Islander person: notify the legal service
• Young person: notify a parent or independent person

3.Welfare checks

Welfare checks must be conducted at the interval set at reception, and at no more than sixty minutes for any person. A check means a physical observation confirming that the person is responsive, and the time, observation and member's name must be recorded in the Custody Register. A missed or late check must be reported to the sergeant immediately and recorded as a custody incident.

4.Medical care

Any person who is unconscious, has difficulty breathing, has a head injury, or is severely intoxicated must be taken to hospital and not held in a cell. A medical practitioner must be called for any person who requests one, has a known condition needing treatment, or whose condition worsens. Medication must only be given on the instruction of a medical practitioner and must be recorded.

5.Interviews and legal rights

A person must not be interviewed until they have had a reasonable opportunity to communicate with a lawyer where they ask to. Interviews of young people, Aboriginal and Torres Strait Islander people and people with a cognitive impairment require an independent third person. Every interview must be recorded on the interview equipment and logged in the Custody Register.

6.Release and transfer

Before release, the custody officer must confirm the person's condition, return property against the signed property list, and record the time and method of release. A person who is intoxicated must not be released into a situation where their safety is at risk. Transfers to court or another facility must use the escort procedure, and the receiving officer must sign for the person and their property.

7.Incidents

Any injury, medical episode, use of force, self-harm attempt, escape or assault in custody is a custody incident. The custody officer must render assistance, call for help, preserve any evidence, notify the sergeant and record the incident in the Custody Register and the Incident Log before the end of shift. A death or serious injury in custody must be reported to the District Superintendent and the oversight body immediately.