Latest changes – detention and custody

In the 'Female detainees' section, under 'Further reading' added a link to the Independent Custody Visiting Association: Menopause in Custody report

Updated link to IOPC report on deaths during or following police contact from 2013/14 to the 2023/24 report. 

Updated link

New FFLM operational and procedures guidance added

Updated link

Updated links and guidance 

Changed the title to better reflect the documents included in the section and at the request of the PSM, due to the length and complexity of the original. We also discussed search optimisation. 

Added a document produced by FFLM - this is new guidance (2024) and fits well in this section. Link added and the lead in line was changed to refer to both documents clearly. 

Significant changes made to the wording throughout the entirety of the section. There has been inclusion and removal of sections to reflect the National Security Act 2023. 

Control, restraints and searches > Principles of using force in custody. 

• Link to Faculty of Forensic and Legal medicine (FFLM) guidance on managing ABD in custody was out of date and replaced with updated link. Title of document in APP also amended to match the title of the linked document. 
• Updated link - ABD-Guidelines-on-Management-in-Police-Custody-Oct-2022.pdf (fflm.ac.uk)

Control, restraints and searches > The prone position and positional asphyxia

• Link to 'common principles for safer restraint' was out of date and new link updated. 
• Updated link - Common Principles for Safer Restraint - FFLM

Appropriate adult section:

Deleted: 'The YJB and National Appropriate Adult Network have also published joint guidance and advice on appropriate adult services'.'

Replaced with: 'Also see the Youth Justice Board’s (YJB) National Standards for Youth Justice Services.

For further information about standards and training for all schemes see the National Appropriate Adult Network.' 

External links have also been included 

Part of welfare of the detainee, underneath the subheading Choking - a link out to FFLM endorsed guidance fixed. It was taking people to an archived version. The link was deleted, title changed to reflect wording on the new document and correct link added.

Under the 'Legal framework' heading, a link to the the NPCC (2022) document 'National Strategy for Police Custody' has been added to the bullet point list.

Under the 'Healthcare professionals' heading, the link to the 2003 Home Office Circular was out of date. This has been deleted and replaced with a link to FFLM's (2024) document 'The Role of the Healthcare Professional'. The citation was changed to reflect this also. 

Under the sub-heading 'Procedures needed to manage potential risk' within content on infectious diseases, a link to FFLM Managing blood-borne virus exposures in custody was replaced (2018) with an updated version (2022). This will need updating in 2025 when the revised guidance will be published.

The APCC have published new guidance aimed at preventing deaths in custody (June 2024). This was put together in association with Anton Menzies. Upon his request, this link was placed at the top of the Deaths in custody section.

Under the heading 'Conduct of searches', the sentence below in bold/italics was deleted at the request of custody SPM. This has caused confusion for officers/trainers as the information relates to strip searches and not those at the custody desk.

Officers and staff should carry out searches with respect and dignity. They should do so in an area where the detainee can neither be seen by anyone who does not need to be present nor by a member of the opposite sex.

Updated contents of the page

Changed title of page from equality and individual needs to detainee individual needs at request from Sharon Reid

23/05/2024 - added the wording in bold to the section called 'Level 4 close proximity'

Every officer or member of custody staff required to monitor detainees under constant observation (Level 3) or conduct close proximity supervision (Level 4) must be fully briefed by the custody officer with regards their role, the needs of the detainee and the risks presented by the detained person. 

Beneath section 'Factors which increase risks to the safety and wellbeing of children and young persons': Reference to decommissioned 'NPIA (2009) Guidance on Investigating Child Abuse and Safeguarding Children' removed and replaced with link to APP on Child abuse.

Updated link to the Management of DNR/DNAR/DNACPR decisions in police custody.

Updated link to Home Office (2007) Safety of solicitors and probationary representatives at police stations.

Added a link to the Code of Ethics

Fixed broken link to ACPO/Department of Health (2011) Template Protocol for the Management of Detainees Who Require Hospital Treatment.

Updated broken links to IOPC statutory guidance on the police complaints system.

Added question to 'Checklist: assessing detainees' – 'Is this your first time in police custody?'

Adding information on digital PER (dPER).

Information added in relation to the digital person escort record (PER) form and out of date link to personal safety manual replaced

Addition of section - The documenting of strip searches in police custody.

Correction of error in section on Intimate and strip searches of children and young persons

Addition to section on strip search about consideration for section 11 of the Children Act 2004.

Information added in Clothing section about anti-rip clothing.

Information added about changes affecting pre-charge bail due to the Police, Crime, Sentencing and Courts Act 2022.

Edited the section on Local safeguarding children boards. Changed the section title to local safeguarding children partnerships - with new links. 

Added an extra paragraph to the Prisoner escort and custody service section to reflect amendments changes due to the Police, Crime, Sentencing and Courts Act 2022

New paragraph added to the section on Persons attending a police station voluntarily who are not arrested to reflect the changes to the Police, Crime, Sentencing and Courts Act 2022.

Amendments made to Conduct of searches – When might a strip search become an intimate search? 

Amendments made following a court ruling.

Broken link in drop down box S.8 'monitoring and data collection'.

Reference to Annex L to PACE Code C added and detail added about transgender officers and staff.

New module on TACT published.

Sentence added about assistance dogs in custody.

Fixed broken links to document 'Suicide prevention and risk management for perpetrators of child sexual exploitation and indecent images of children (IIOC).'

Fixed broken link to NPIA (2011) Template Protocol for the Management of Detainees who are Intoxicated and Incapable in a Public Place.

Replaced middle section of medical assessment section.

Changes requested to Design and maintenance of a custody suite section: standard Home Office design amended to PCDG design throughout section.

Contact details changed in inspection and maintenance regime section, 1st paragraph (first aid equipment section) changed.

Contact details changed in planning section.

Changes requested to Fire safety section – removal of two info boxes and replacement of HOPBDG with PCDG.

Further fires safety advice – same changes (HOPBDG chapter 10, custody PD5 replace with PCFD Section 17).

Inadequate ventilation systems – same abbreviations amended (HOPBDG to PCDG).

Recording of cell checks.

Updated content on Do not resuscitate orders

Legal update requested.

Additional wording added.

Terminological note removed and supporting documents added.

Out of date documents replaced and links to PACE Code C inserted where relevant.

Inserted links to PACE Code C where relevant.

Out of date documents replaced and new supporting documents added.

References to the IPCC replaced with IOPC.

Out of date documents and references replaced.

Amended references to PACE.

Inserted links to PACE Code C where relevant.

Content amended in section release from custody.

Reference to transexual and transvestite changed to trans detainee.

Change of contact details - Ministry of Justice Estates Directorate added

National Police Estate Group - Ministry of Justice contact email added.

New links provided to IOPC lessons learned and expectations for police custody.

Revised vocabulary relating to transgender.

Removal of decommissioned document - Custody guidance - Terrorism Act. Replaced with link to APP Counter Terrorism.

Text added in relation to released under investigation.

Broken link to Terrorism Act Custody Guidance amended.

New leaflet from FFLM on head injuries.

Updates to DC in line with PACE changes introduced 21 August 2019.

Updates to DC in line with PACE changes introduced 21 August 2019.

Updates to DC in line with PACE changes introduced 21 August 2019.

June 2019 version of Management of suicide operational advice added.

Amended worded to clarify position around suspension of bail period.

Updated link to FFLM documents.

Wording changed to amend IPCC to IOPC.

Updated link to PACE Codes.

New guidance from FFLM on management of those subject to Taser.

Amended wording relating to menstuation throughout.

Amended wording relating to menstruation.

Terminology changed from transexual/transvestite to trans-individuals.

Removal of outdated link to information on excited delirium.

Updated to reflect new street bail legislation.

Update to wording in relation to introduction of section 42 Criminal Justice and Courts Act 2015.

Various changes relating to updated reference material, new links, and additional wording on release from custody - see APP PoLKA community for details.

Updated Acute Behavioural Disturbance reference material.

Under heading 'Additional risks associated with alcohol' – sentence added around increased risk of morbidity and mortality with alcohol consumption/withdrawal.

Addition of information to clarify intimate searches beneath heading 'When might a strip search become an intimate search?'

Addition of link to Suicide prevention and risk management for perpetrators of child sexual exploitation and indecent images of children (IIOC) (Secure site only).

Major update.

Broken links to PACE Code C updated throughout.

In section on 'Pre-charge bail management' – 'offenders' reference changed to 'those on bail' in principle 6.

Addition of link to ebola guidelines.

Change to 'Girls' heading to remove reference to age of detained girls.

Content changes to reflect newly uploaded consultation content.

In section on 'Responsibilities of the police' – 'ACPO (2009) guidance on investigating child abuse and safeguarding children' reference changed to a link to 'Multi-agency arrangements for safeguarding' in the APP on Investigating child abuse and safeguarding children > Police response to investigating child abuse.

Reference to guidance being decommissioned as a result of publication of Child abuse APP amended.

• In section on 'Independent custody visitors' – link to draft Code of Practice replaced with the 2013 version.
• In section on 'Process for an independent custody visitor visit' – wording changed from 'They must also give regular feedback to the police authority' to 'They must also give regular feedback to the police and crime commissioner'.

• Replaced reference to police authority with PCC.
• Replaced reference to a draft document with link to published version.

Changes to the Police and Criminal Evidence Act 1984 (PACE) reflected throughout this APP.