Section 54(3) and (4) of PACE provide the power to seize clothing which might be used to cause physical injury. Section 53(6) and (6A) treat the process by which clothing and other articles might be found and/or seized as a search. Officers and staff should avoid using the prone restraint position unless it is proportionate to the threat and necessary in the circumstances. Officers should keep the period for which it is used to a minimum.

Officers should note that the effects of a violent struggle or restraint and build-up of lactic acid can exacerbate the effects of drugs, alcohol or medication. Powers and policy Use of force A custody office is a controlled environment and the overriding objectives should be to avoid using force in custody. The case of Davies v CC Merseyside Police [2015] EWCA Civ 114 has tested the interpretation of PACE Code C, Annex A in the context of a clothes swap within custody. It provides that any removal of more than outer clothing, is a strip search and should be recorded as such. R (on the application of Sessay) v South London and Maudsley NHS Foundation Trust [2011] EWHC 2617 (QB) A detainee who is restrained, including restraint using mechanical equipment, should be under constant observation (level 3) or in close proximity (level 4) so that officers and staff can monitor all vital signs and make appropriate intervention if a medical emergency arises. See detainee care, levels of observation.All uses of force must be proportionate, lawful and necessary in the circumstances. Officers will be accountable for all instances where force is used. The touching or applying of bodily force to any orifice (other than the mouth) or the immediate surroundings of any body orifice would constitute an ‘intimate search’ for the purposes of PACE. However, this position has been complicated by the 2021 ruling in Owens v Chief Constable of Merseyside Police [2021] EWHC 3119 (QB).

Detainees experiencing the effects of alcohol, drugs, a mental health condition or a medical condition are particularly vulnerable to the impact of being restrained. Ministry of Justice (2008) The Mental Capacity Act 2005: Deprivation of liberty safeguards - Code of Practice to supplement the main Mental Capacity Act 2005 Code of Practice Searching detainees is important as it reduces the risk of harm to staff, protects the safety of detainees and allows material to be seized that may be subject to legal proceedings.The custody officer must be alert to any signs of injury or effect caused by restraint and any behaviour or symptoms of illness that may indicate a need for medical attention. When taking charge of an incident, the supervisor must ensure that the health of the detainee is monitored and that the degree of restraint being applied is reasonable. Monitoring should include assessing the detainee’s breathing and other visible life signs. Officers must record all details of the restraint. Recording use of force 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. There are cases where persons exposed to Taser have died some time after discharge where the cause of death is unlikely to have been the device itself.

Moving violent detainees from place to place carries a high risk of injury and should be avoided where possible. The procedure must be carried out in line with ACPO (2012) Personal Safety Manual of Guidance (available via College Learn to registered users only) if it becomes necessary. Supervising cell relocation On arrival at the custody suite, the secure environment should mean that conditions are more controlled. As soon as possible, the escorting staff must inform the custody officer about any control methods or restraint techniques used. There is also a responsibility on the custody officer to include this as part of the risk assessment. They should ask the arresting/escorting officer if any control measures or restraint techniques were used during arrest and transportation.

Only approved techniques and methods should be used when placing a violent detainee in a cell. A healthcare professional (HCP) should assess and monitor a violent detainee’s condition, when the underlying reason for their violence is not apparent. Risk assessment and decision making should be guided by APP on the NDM, APP on Risk principles and Association of Chief Police Officers (ACPO) (2012) Personal Safety Manual of Guidance (available via College Learn to registered users only). Officers should take the following actions when inspecting cells and detention rooms for defects and potential ligature points (this list is not exhaustive): During the risk assessment process, custody officers should be aware that items of clothing such as ties, belts, shoelaces and cords could be used as ligatures. All staff have a duty of care and must do all that is reasonably possible to protect the right to life under Article 2 of the ECHR.

For further information, see the Dame Elish Angiolini Report of the Independent Review of Deaths and Serious Incidents in Police Custody. Warning signs for physical violence The custody officer should explain to the detainee why they are being searched and is responsible for the safekeeping of any property taken from the detainee. For detailed guidance on intimate and strip searches, see PACE Code C Annex A. Search of a detainee in custody In a preliminary decision on what constitutes an intimate search, it was held that an intimate search (defined by section 65 of PACE as ‘the physical examination of a person’s body orifices other than the mouth’) requires an act of physical intrusion into a body orifice. These narrative reports form part of the management information that should be both collated and analysed by forces.Officers must make a record of any force used on any person who has been arrested (including those detained under the Mental Health Act 1983 for management information. Officers should share information about injuries caused by restraint with HCPs attending to the detainee. They should note any concerns raised by the HCP in the custody record. Monitoring in custody