part 1 - royal commission · as a police officer a great deal of importance is placed ... were from...

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PART 1 ••• Principles of Custody

Introduction

As a police officer a great deal of importance is placed on the responsibility you hold for a person's welfare when they are in your care or custody. When a person is considered to be in the care or custody of police you have a duty of care to ensure their health and safety. This requires you to make assessments in regards to the extent and nature of assistance required by the person in care or custody, which is guided by organisational policy such as the General Order - Custody.

As will be seen the term 'in custody' encompasses a broad range of circumstances. As members of the police force you will take people into custody through the exercise of your powers or will have custody transferred to you by other police members or statutory authorities. Taking a person into custody will be something you may do on an almost daily basis in some policing situations. A person may be in your custody for a very short time or for the entirety of your shift. Taking a person into custody should never be an action which is taken lightly.

When a custody incident occurs, where a person who is in police custody dies or is seriously injured, there is a close examination of the circumstances surrounding their custody and the discharge of the duty of care owed to them by the police.

In the case of a death this examination may be in the form of a Coronial Inquest. It is worthwhile to examine some of findings from these inquests to learn about the risks associated with custody and from some of the mistakes as well as the positive comment on the actions of police.

In addressing this subject it is a worthwhile exercise to examine previous incidents involving deaths in custody or potential deaths in custody (incidents which have been investigated as deaths in custody but found at inquest not to be)

On examination of Coronial inquest findings from 2001 to 2014 the following statistical information can be drawn on these incidents:

8 incidents involved people were under arrest or in the process of being arrested 3 incidents involved people were being detained or were detained under the Mental Health and Related Services 9 incidents involved people in or had been in protective custody 4 incidents involved a police pursuit (some of these involved multiple fatalities)

Total of 24

17 of these were shown to have involved people who were intoxicated by alcohol or drugs at the time of their contact with police. Of the remaining 7 only 4 were found not be affected at the time of death. The remaining 3 people the Coroner did not directly comment on intoxication at the time of death in the findings however they were found to have been moderate to heavy users of either drugs (illicit and prescription) or alcohol or both.

This accounts for seventy (70) percent of these deaths being associated in some way with alcohol use and abuse.

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Facilitator Guide Persons in Care or Custody - Session 1 - Principles of Custody

Alcohol misuse leads to a large number of associated health issues, and can mask blood alcohol levels in 'experienced' drinkers. Symptoms of intoxication can be mimicked by a number of health conditions. These are all issues that we have to contend with, and be aware of, on a daily basis as operational police officers.

The quote below underlines the care which must be taken when a person is in our custody.

"The whole chain of custody from the taking people into custody on the street right through to the management of the people, it is very, very resource intensive. It is the highest risk thing that the police officer does regularly ..... Now it's all very well - and numerically we say that the number of very serious custody incidents as a percentage of actual taking of people into custody is very low. However, any custody incident, particularly one that results in serious injury or death, is one of those things where it's a low frequency but an incredibly high risk because it really does impact on everyone that's involved."

Assistant Commissioner Doug Smith - Coronial Inquest Owen KING (2003)

Royal Commission into Aboriginal Deaths in Custody

The Royal Commission Into Aboriginal Deaths in Custody (RCIADIC) was held between 1987 and 1991 and encompassed all States and Territories. The Commission examined 99 cases of Aboriginal Deaths In Custody between 1980 and 1989. The Commission in the final report found that:

" ... the immediate causes of the deaths do not include foul play, in the sense of unlawful, deliberate killing of Aboriginal prisoners by police and prison officers. More than one-third of the deaths (37) were from disease; 30 were self-inflicted hangings; 23 were caused by other forms of external trauma, especially head injuries; and 9 were immediately associated with dangerous alcohol and other drug use. Indeed, heavy alcohol use was involved in some way in deaths in each of these categories. The chapter concludes that glaring deficiencies existed in the standard of care afforded to many of the deceased."

National Report Volume 1 - Chapter 3 The findings of the Commissioners as to the deaths.

The 'glaring deficiencies' included

• a lack of thorough understanding of the duty of care owed to a person in custody

• a failure on the part of one (1) or more individuals to perform their custodial duties

• entrenched habits of non-compliance by police with general orders

• inadequacies in the system of supervising people in custody

• a failure to given sufficient attention or appropriate priority to the assessment of the condition of a detainee before placing that person in a particular cell

• a failure to record information which was relevant to the performance of custodial duties


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'Customer Service Charter' and 'Code of Ethics'

Your responsibility and duty of care is linked to and should incorporate the standards of the Customer Service Charter and the principles of the Code of Conduct and Ethics and the Statement of Ethics.

Delivering excellent policing services to the community is fundamental to the way we conduct business. We are committed to enhancing community confidence in our police force and ensuring a safe and secure NT. When a person has been apprehended or arrested by the police they are no longer at liberty- one of the basic human rights. They are unable to make significant choices about their health and wellbeing and so we are their guardians/ sole care providers for the period they are in custody.

Custody is a high risk area and there is a need to mitigate the risks through alert, professional and committed policing activities

The Northern Territory Police is committed to excel in custody. Each member of the Northern Territory Police should:

C Commit to provide a professional, caring environment at all time so family and friends know people are safe in our custody.

A Accept you are responsible, act when you should, move to correct things that are not right and know your role

R Respect those in your custody, your duty of car, your work environment and the community you serve

- --E Engage with empathy, professionalism and courtesy to ensure the custody

experience of any individual would satisfy an independent observer.

As you can see these principles are closely aligned with the Customer Service Charter and the Statement of Ethics. It is worth reviewing these principles here and noting the interconnection between all three.

Customer Service Charter

The Customer Service Charter provides that Quality Customer Service is both an organisational philosophy and an attitude to work that must be embraced by all NT Police Officers and staff. We will deliver on these standards by:

• Doing the right thing

• Doing it the right way

• Doing it right the first time

• Doing it on time


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Statement of Ethics

Duty

In exercising our duty to provide community safety, maintain the peace and uphold the law we will be guided at all times by the principles of justice and fairness.

Integrity

We act with integrity. We are honest in our dealings with people, and with ourselves.

Respect

We treat alt people with empathy and equality. We respect diversity and will show consideration for the rights, values, and beliefs of all people.

Responsibility

We can be trusted. We are self-disciplined. We are responsible and judicious in the execution of our powers.

Accountability

We act openly and are accountable for our actions. We recognise and report conflicts of interest.


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Facilitator Guide

Definitions

'Duty of Care'

'In Custody'

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Persons in Care or Custody - Session 1 - Principles of Custody

The simplest approach to an understanding of the nature of 'duty of care' is to answer the question - 'How would I want myself or a member of my family to be treated if I or they were in custody?' The appropriate response should invoke issues of reasonableness, lawfulness, humanity, civility and an active concern for safety and welfare. These are matters of reasonableness and should provide no difficulty in application in most situations. This may involve making inquiries about a person's health or the reason they have been taken into custody. This means that a person leaves police custody without having suffered injury, damage or loss that cannot be explained and justified. In short, a person 'in custody' should be safe and be kept safe from harm or loss.

It is recognised that what action is reasonable to meet a standard of care will depend on individual circumstances and situations. If members behave in a way which is reasonable in the circumstances, lawful, humane, civil and with concern for the safety and welfare of the person 'in custody' then 'duty of care' obligations will generally be met.

A person may be 'in custody' without actually being arrested or apprehended for protective custody pursuant to section 128 of the PAA or pursuant to Division 4 of the Volatile Substance Abuse Prevention (VSAP) Act.

The test of a person being 'in custody' is whether the person was not free to leave, or had formed the belief that they were not free to leave. If a person is being detained or being spoken to by police, whether or not there was any intention to arrest or charge that person, that person is 'in custody'.

A person being transported by police vehicle, whether under arrest or apprehension or other reason where by virtue the person has formed the belief that they were not free to leave, is 'in custody'.

Persons detained at the roadside in relation to traffic matters and persons being interviewed in police stations and who may have reasonably formed the view that, rightly or wrongly, they were not free to leave when they wished to do so, are persons 'in custody'.

Any person who is on premises where police execute search or arrest warrants and who is detained for the time being or remains under police direction whether or not there was at any time an intention to apprehend, arrest or charge that person, is 'in custody'.

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Persons in care or custody may include:

• Persons being transported by police

• Persons detained by police or voluntarily in police custody in connection with criminal activity or some incident requiring further police investigation

• Persons placed either by police, themselves or some other agency, temporarily in police care, for example lost children

• Persons suffering dementia, victims of rape, domestic violence or other offences

• Persons in care and/or custody in police stations/Watch Houses/court buildings/hospitals/ vehicles/planes, in transit

• Persons stopped in the street or during a traffic apprehension

The Principles of Custody

General Order - Custody

(16) Each and every member of the NTPF must exercise reasonable care for the safety and welfare of a person 'in custody' . Every member of the NTPF has a 'duty of care' in relation to the safety and welfare of a person 'in custody' wherever and whenever they come into contact with that person whilst 'in custody'. A person 'in custody' must not be discriminated against and must be afforded the same protection under the law as a person not 'in custody'.

(17) To deprive a person of their liberty is a serious matter. It must be authorised, justified or excused by law. Notwithstanding lawfulness or otherwise, police assume onerous responsibilities when a person is in their custody.

(18) The simple fact of custody invokes the responsibility for 'duty of care'. The level of care owed will depend on the circumstances. However, the very fact that police have the power to deprive a person of their liberty means they, and they alone, assume the role of caretaker and protector to the exclusion of all others. Total responsibility demands the highest standard of care.

(19) Complacency at any level or any attempt to avoid or shift responsibility is unacceptable and in breach of General Order - Code of Conduct and Ethics.

It is important to note the first sentence of paragraph 34 of the General Order - Custody provides:

(34) The primary consideration in relation to a person in custody or a person who police are considering taking into custody is the safety and welfare of the individual.

NOTE

Duty of care for any police officer will depend on individual situations and may range from incidents such as general stealing to drunken pub fights. It is important that the action taken is reasonable and suitable to the circumstances.


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EXAMPLE 1

You and your partner decide to apprehend a person for sect 128 PAA, you can visibly see that the person is having trouble standing up let alone walking. You direct that person to walk unaided to the back of the police vehicle. The person falls over and suffers a cut to the head. You have failed in your duty of care.

EXAMPLE 2

Police conduct a traffic apprehension in the rural area of Darwin at 2:00 am. The vehicle is defected and the driver is told to arrange for it to be towed . There is no phone service or public transport, street lighting in the area. You give the driver a lift home. You have adhered to your duty of care.


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•• • • How would you like to be treated?

Aim

To have participants reflect upon how each person that they come in contact with must be treated in a professional and ethical manner at all times.

Resources

• Butchers paper

• Sharpie pens

Participant Instructions

1. Your group will be allocated one (1) of the scenarios listed below.

2. Consider the incident and discuss how you would want yourself or a member of your family to be treated if you were in the same situation in custody.

3. Nominate a spokesperson from the group to present to the class.

Scenarios

Incident 1:

You are driving around Casuarina in the vicinity of the bus station. You notice an Aboriginal man who is unsteady on his feet. He appears intoxicated. You and your partner approach him and he starts yelling abuse at you and throwing his arms around while yelling. He is abusive but not overly aggressive at this stage.

Incident 2:

You have been called to a residence where the owner/occupier tells you there is a drunk person in the laneway beside her house. You attend and the person is unsteady on his feet and appears disorientated. He does not smell of alcohol but when you approach he is overtly aggressive and starts shaping up for a fight. You are able to engage him in conversation, even though he will not let you get close to him.

Incident 3:

You have come across a person who appears unconscious and has soiled themselves. You try to rouse the person and they wake, stating that they are only a little bit drunk and they need to go to the sobering up shelter. She tells you her name and you conduct a search of police information systems and there is an alert relating to this person that she has been known to carry concealed weapons.

Incident 4:

You have been tasked to convey a person to the cells for Crime Division. The person is suspected of being a paedophile, who has committed offences against children aged 4 - 6 years.


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Activity 3 •• • • Placing a person in custody

Aim

To ensure participants exercise reasonable care/safety and the welfare of a person in custody and obtain sufficient details for the apprehension.

Resources

• Blank Paper

• Writing materials


1. Read the scenario below.

2. Answer the questions and discuss in your group.

3. Nominate a spokesperson from the group to present to the class.

Scenarios

You have come across a person who is lying on the footpath in a suburban street. When you attempt to get a response from the person he wakes up but is unsteady on his feet and his breath reeks of alcohol. He seems cooperative but disorientated. He tells you his name and that he is drunk and has had one (1) box to himself today. You contact the Territory Communications Centre over the radio and are advised that he has no outstanding warrants and nil other considerations. You decide to take him into protective custody.


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Chain of Custody

Accurate and timely information is key to effective risk assessments and decision making. As such it is imperative that accurate information is collected about a person in care or custody and that this information is accurately recorded and clearly communicated. This can include but not limited to information regarding

• name, age, date of birth

• antecedents

• alerts on PROMIS/ IJIS I NPRS

• circumstances of the apprehension/arrest

• reason for apprehension/arrest

• any health issues

• any medication (in the possession of the person or required by them)

• intoxication (observations and information regarding consumption by the person)

• physical injuries

• mental state

• location of property ( eg motor vehicle)

A failure to communicate information may result in incorrect decisions or assumptions being made about a person in care or custody.

Once you have undertaken your initial assessment of the assistance required for the person taken into custody, this information must be communicated to the appropriate personnel in accordance with organisational policies and procedures.

The transfer of custody can include but is not limited to:

• arresting members

• transporting members

• sobering up shelters

• ambulance service

• medical facilities including hospitals and clinics

• correctional services

• any other statutory organisation charged with the care or custody of a person

Much important information can be gained from the person in custody. As such it is it is very important to build a rapport with the person using strategies from the Tactical Communications model.

A cooperative person is easier dealt with than an uncooperative person; it can also mean the difference to finding out all the relevant information required for apprehension as opposed to none.

If the person is dealt with in a positive manner following the standards set out in the Customer Service Charter and the principles of the Code of Conduct and Ethics this may impact on the demeanour and attitude when they are conveyed to the Watch House or elsewhere. This may in turn make the processing of the person into custody smoother thus avoiding confrontation and possible use of force against the person creating a much safer working environment for all.

Consider the following case study in relation to information exchange.


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CASE STUDY - BRIAN FARMER

On Christmas Eve 1993, Brian Farmer 53 year old Caucasian male was drinking at the Don Hotel in Cavenagh Street. By mid-afternoon he was refused service and told to go home. Farmer was helped to the toilet by another patron. In the toilet he fell over backwards and hit his head. Farmer was unconscious and there was a visible lump on the back of his head. St John Ambulance Officers attended and examined Farmer, and suggested that police take Farmer as there was no indication that he required further medical assistance. Farmer was not conveyed to hospital.

Farmer was taken into Protective Custody by police and conveyed to the Darwin Sobering Up Shelter at 16.22 hours. Farmer was only semi-conscious when taken in custody and at the Sobering Up Shelter (SUS) a wheel chair was used to get Farmer inside. Farmer spent the night at the SUS. In the morning Farmer was unable to get out of bed and placed in a wheel chair so he could eat some breakfast. Farmer did not eat anything instead he vomited, "black watery stuff. Farmer left the SUS at 05.45 hours and witnesses indicated that he was still showing signs of intoxication. Farmer spent 13 hours at the SUS prior to leaving.

Some thirty (30) minutes after leaving the SUS Farmer returned and asked to be readmitted. Police were called. police officers attending were advised that Farmer was refused entry but SUS staff did not pass on that Farmer had already spent over thirteen (13) hours there. To police, Farmer still appeared intoxicated or suffering from a hangover and was again placed into Protective Custody and conveyed to the Berrimah Watch House where he was accepted into custody at 06.50 hours.

At about 11.00 hours Farmer was assessed as still wobbly and having some orientation problems and appeared vague but was released at 11.14 hours where walked to Boulter Rd, Berrimah. He walked to nearby bushland where he collapsed and subsequently died. From the medical evidence it was accepted by the Coroner that he had died as a result of bleeding to the brain. He was reported missing on the 27 December and located on the 14 January 1994 during a police search for him.

Issues identified by the Coroner

Police did not advise the SUS staff that Farmer had had a fall and was examined by St John Ambulance.

SUS staff did not advise police that Farmer had been in night when he was taken into custody by police on the second occasion.

"The relevant information in relation to a person similarly circumstanced to Mr Farmer would include a complete history i.e. his fall at the Don Hotel, the subsequent attendant of St John Ambulance, the conveyance of Mr Farmer to the Sobering-up Shelter, details of his stay at the Shelter, his release and subsequent return to the Shelter. The availability of such information would assist in the monitoring of the person whilst in protective custody and facilitate any assessment as to whether the intoxicated person requires medical assistance."

John Lowndes - Coroner for the Northern Territory


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General Orders provides instruction on what information needs to be recorded. By passing on this information you are allowing the person(s) accepting custody to undertake their own risk assessment process and provide the highest standard of care to the person. Any information gap will affect this process.

(27) Where a member who has custody of a person and hands responsibility for that person or custody to another member or person, all relevant details of that person's custody must be passed to the member accepting custody and those details will be recorded in his/her notebook or other form of note taking. In the case of a Watch House Keeper such details will be recorded on the Integrated Justice Information System (IJIS) and/or the WebEOC Custody Board at those locations where WebEOC is available.

The General Order also provides for specific information to be collected by police in specific circumstances. This information is contained in several areas of the General Order. These are several examples of where there is a requirement to provide or record information. These are examples and do not encompass all the information recording requirements stipulated by the General Order. These can be considered expansions on the 'Chain of Custody.' Notice that there is a correlation paragraph 72, 75 and 76 and the case study discussed.

(68) Where a person is conveyed to a hospital or other medical facility, the senior member will advise the relevant staff member responsible at that facility of the circumstances surrounding the person being in custody and the reason why police conveyed the person to that facility.

(70) Where a person is brought to a Watch House and not accepted for custody, but released, the name and details of the person are to be entered into IJIS, along with the details of the custody episode.

(72) Where the ambulance service or any other medical service facility is the first organisation to have contact with a person and subsequently hands that person over to police for the purpose of custody or conveyance to a sobering up shelter, the senior member taking custody of the person is to obtain and record within his/her notebook or other form of note taking all relevant information concerning that person from the ambulance or other service.

That information should include the following:

(a) the identity of the person from whom they take custody;

(b) the identity of the intoxicated person (if known);

( c) the time the intoxicated person was first attended to and the location of such attendance;

(d) the full circumstances surrounding the attendance;

(e) the results of any examination carried out on the intoxicated person and opinion as to his or her physical condition;

(f) the presence of any physical injury, and if known, the manner by which such injury was sustained; and

(g) any other health information provided by the person themselves, a family member or any other person having health information about the person including symptoms of illness or injury and any medication the person may be taking.

(75) If police convey an intoxicated person to a sobering up shelter, the senior member is responsible for ensuring that the shelter is provided with all known information concerning


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that person's custody. The information should include any 'Prisoner Alert' on both IJIS and PROMIS and any pertinent details regarding that person including the circumstances of their apprehension and if they have been seen by an ambulance service or other medical service facility. The elements of 'chain of custody' must be adhered to with the senior member making notes detailing the condition of the intoxicated person, who the person was handed to, and where the person was conveyed.

(76) A member who takes charge of a person from a sobering up shelter for any reason must determine from the shelter staff the period the person has already been in protective custody, the circumstances under which the person was admitted to the shelter, and the person's history and progress whilst at the shelter and any health information that may have been disclosed. The member accepting custody of that person should determine whether the person should be released or conveyed to a Watch House or other place, or into the custody of another person. The senior member taking charge of that person is to ensure that the person is asked their name and date of birth. The elements of 'chain of custody' must be adhered to with the senior member making notes of any information.

There are also specific information requirements to be recorded when dealing with a person under the Volatile Substances Abuse Prevention Act (VSAP) which align with the requirements of that legislation. This is discussed further in Drug , Alcohol Awareness and Volatile Substance Abuse module.

(73) Where a volatile substance abuse affected individual is taken into custody the following information must be recorded:

(a) a brief description of the actions taken;

(b) the name, rank and registered number of the member (or if the apprehension is by an authorised officer - the person's name);

(c) the date, time and place of the action;

(d) the name, gender and age of the apprehended person;

(e) if the apprehended person is taken to a place of safety or to a responsible adult - the name of the carer and the address;

(f) if a child has been released into care at a place of safety or a responsible adult who is not the child's parent or guardian - whether a parent or guardian has been informed and if not, the efforts made to inform a parent or guardian;

(g) if the individual is released from custody the time and place of release ;

(h) if a child has been taken into protective custody at a Police Station -whether a parent or guardian of the child have been informed and if not the efforts made to inform a parent or guardian;

(i) details of the volatile substance/s involved; and

U) any other information relevant to the actions taken by police, such as Medical assistance provided.

EXAMPLE

You and your partner apprehend a person that has been involved in a pub fight. At the time of apprehension and in searching, you locate medication in his possession for his heart. On the way back to the Watch House he falls asleep in the cage. He is only known to you as Jim Brown DOB - 1/01/1978 of Shady Glen Caravan Park, Winnellie. You arrive at the Watch House and lodge him in the cells and to notify the Watch House keeper of his particulars, circumstances of apprehension and present the medication to the Watch House keeper to ensure suitable arrangements are made for the prisoner to access the medicine should it be needed.


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Activity 4 •• • • Chain of Custody

Aim

To practice gathering the information that is required for the chain of custody communication.

Resources

• Whiteboard

• Whiteboard markers

• Appendix A: Watch House Reception Forms


1. Your group will receive a copy of the Watch House Reception Forms.

2. Read the scenarios below.

3. Your group must identify the information you would need to collect in order to hand over custody of the person when you arrive at the Watch House.

Scenario

Incident 1:

You are driving around Casuarina in the vicinity of the bus station. You notice an Aboriginal man who is unsteady on his feet. He appears intoxicated. You and your partner approach him and he starts yelling abuse at you and throwing his arms around while yelling. He is abusive but not overly aggressive at this stage.

Incident 2:

You have been called to a residence where the owner/occupier tells you there is a drunk person in the laneway beside her house. You attend and the person is unsteady on his feet and appears disorientated. He does not smell of alcohol but when you approach he is overtly aggressive and starts shaping up for a fight. You are able to engage him in conversation, even though he will not let you get close to him.

Incident 3:

You have come across a person who appears unconscious and has soiled themselves. You try to rouse the person and they wake, stating that they are only a little bit drunk and they need to go to the Sobering Up Shelter (SUS). She tells you her name and you make a call to Territory Communications Centre who advise you that this person is known to carry concealed weapons.

Incident 4:

You have been tasked to convey a person to the cells for Crime Division. The person is suspected of being a paedophile, who has committed offences against children aged 4 - 6 years .


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PART 2 ••• Taking a Person into Care or Custody

Risk Assessment

General Order - Custody has specific requirements regarding the treatment of people in our care and custody. When coming into contact with members of the public you must always consider if the person is 'at risk'. This is to ensure that we keep all people safe, particularly those in our care or custody.

Definition of 'At Risk'

The definition provides examples of types of people who would be considered at risk. This is not exhaustive and you may consider other people at risk but you must be able to substantiate your belief.

At risk or At risk of self harm

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I A person in custody who is known to be, deemed to be or suspected to be at risk of causing themselves harm or coming to harm while in custody. Including

• suicidal or suspected of being suicidal

• a volatile substance abuse affected individual

• mentally ill, mentally disturbed or suspected of being mentally ill or mentally disturbed

• suffering from serious health problems including post-operative trauma

• suffering from or likely to suffer from severe alcohol or drug withdrawal

• a person who is seriously obese

• the subject of medical advice stating that 24 hour observation and 'at risk' status is require; or

• a person to whom a court has given 'at risk' status

• at risk may also include any person who is 'at risk' of causing harm to another person

• all persons 'in custody' should be treated as 'at risk' until they prove otherwise to a Watch House keeper or member in charge

• otherwise seriously intoxicated

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Almost all activities within policing involve risk. Risk assessments consist of an objective evaluation of risks involved in the activity. Risk is managed by anticipating, understanding and deciding whether to modify the risk through removal, management or mitigation. Risk management is based on the best available information to guide the decision making process.

Where a person is deemed to be 'at risk' then consideration needs to be given to managing or mitigating that risk. The starting point for persons in custody is that they are treated as 'at risk' however through gathered information they may be deemed to be not at risk.

The information that you have gathered from the person themselves, from your observations, from police information systems and any other credible source.

General Order - Custody provides further instruction on management of persons deemed to be 'at risk'

(389) Where a person 'in custody' has been assessed as being 'at risk' all reasonable efforts should be made to release the person from custody by admission to bail, transfer into the custody of another person, admission to hospital or any other appropriate means. When considering bail or releasing a person 'at risk', the Watch Commander or person in charge of the station at the time, is to take into account the nature of the offence and the likelihood of the prisoner re-offending.

(390) If the person assessed as being 'at risk' cannot be released, the person must be kept under close and regular observation until they are no longer in police custody.

(391) Family, friends or representatives of community welfare organisations (including religious organisations) should be permitted to visit 'at risk' person in cusoty unless circumstances indicate othewise (such as the need to preserve evidence).

EXAMPLE 1

You are working Darwin Station, on patrol you come across a male person chanting religious propaganda and exposing him to the public. You arrest the male for the offence on indecent behaviour. At the Watch House, PROMIS reveals that the male has alerts for self harm and involvements of being a patient at the Gowdy Ward, Darwin Hospital. The male is calm once processed into the Watch House. The Custody Sergeant assesses the male and there low risk of reoffending. The male is granted bail at the first available opportunity and released from police custody.

EXAMPLE 2

You arrest a female for possession of personal quantity of heroin; she is heavily under the influence of what you suspect to be heroin. You decide to convey her to hospital and proceed by way of summons.


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Activity 5 •• • • Identifying a Person at Risk

Aim

The aim of this activity is to ensure that participants are able to identifying persons who are at risk.

Resources

• Pens

• Notebook


1. Your group will be given one ( 1) of the scenarios below. Read the scenario.

2. Conduct a risk assessment for your scenario and identify the following:

o Is the person considered at risk? If so, what actions should you take?

o What information should you gather?

o Where (if anywhere) should you take this person?

o Are there any other issues that you should take into account as to the specific categories of person?

3. Nominate a spokesperson from your group to present to the class.

Scenario

Incident 1:

You are on night shift and called to an incident where a youth has broken into a house and the residents have apprehended him. You attend to this incident; the youth is a 13 year old Aboriginal male who has been in Darwin for about two (2) weeks. He does not have any contactable responsible adult.

Incident 2:

You are on evening shift in Darwin and are called to an intoxicated person outside Throb nightclub. You attend and make the decision to place the female person in protective custody. You are about to conduct a search prior to placing her in the rear of the police van when she tells you she is transgender (a male in the process of undergoing gender re-assignment procedures).

Incident 3:

Driving around on patrol in Tennant Creek you notice a person lying on the road outside Mulga Camp on the north side of town. You approach the person who is wailing and crying. The person is obviously very upset and states that their family is not doing the right thing by them. She has been drinking all day.


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Incident 4:

On shift you come across a woman who has been assaulted. She is obviously upset but English is her second language. You ascertain that she has been sexually assaulted. She wants to make a complaint but is not sure what to do.


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Intoxicated Persons - Alcohol, Drugs and Volatile Substances

Police come into contact with many people who are intoxicated or affected by alcohol, drugs (both prescription and illicit) and volatile substances such as petrol, paint or glue. Intoxication should be considered as a risk factor in any risk assessment. Those taken into protective custody are automatically considered at risk due in part to the fact that they are intoxicated.

General Order - Custody provides instruction for dealing with intoxicated people who have been taken into custody by police. When dealing with persons affected by volatile substances all actions are to be taken in accordance with General Order - Volatile Substance Abuse Prevention.

One (1) of the reasons that intoxication must be carefully considered is that other medical conditions, such as head injuries (see Case Study 1) can mimic intoxication.

Consider the following instruction given by the General Order - Custody and then the case study below it.

52. Police cells should remain the least preferred option for the custody of intoxicated persons unless it is not practicable to do so based on an assessment of the circumstances.

53. When an intoxicated person is brought into custody including arrested on a charge for an offence, arrested for the purpose of a breath analysis, or apprehended for protective custody, particular attention is to be paid to the person to ensure their safety and welfare.

55. Where a person is so impaired by intoxication that they cannot walk or be roused, prior to conveyance to a Watch House, the apprehending members are to:

55.1 in the case of a person unable to walk, convey the intoxicated person directly to the hospital or health clinic for a health assessment; or

55.2 in the case of unconsciousness and unable to be roused, request attendance of an ambulance service. Only in the case of extreme emergency and an ambulance is unavailable in a timely manner are members able to convey the unconscious person to a hospital or health clinic.


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CASE STUDY - OWEN KING

On the 23 June 2002, Owen King, a 33 year old Aboriginal man who lived in Alice Springs was taken into protective custody by police at 04.53 hours. He was found asleep on a foot path outside the Alice Springs Post Office .. The police who apprehended him found that he was showing signs of intoxication, that he was unsteady on his feet and smelled strongly of liquor .. He also told the apprehending members that he had been 'drinking all day.' .The Sobering Up Shelter (SUS) in Alice Springs was not open and Mr King did not live in Alice Springs so was not able to provide any names or address of people who may be able to care for him. He was taken into custody and received at the Alice Springs Watch House. During his custody it was observed that Mr King was breathing heavily but he did not complain of felling unwell or of breathing difficulties. He was subsequently released at 09.42 hours from the Alice Springs Watch House.

Mr King was again taken into protective custody at 16.29 hours again in Alice Springs. He was located by police sleeping in a gutter. He was assessed by police and found that he was coherent; he was very cold and smelt of liquor. He was transported to the SUS but it was again found to be closed. He was then transported to the Alice Springs Watch House.

During his reception process at the Alice Springs Watch House one of the Watch House members spoke with Mr King and found that he was no longer coherent, and was breathing rapidly. The Constable also noted that the smell was less like liquor and more acidic, like 'apple cider'. It was determined that Mr King was unwell and required medical treatment.

He was transported to the Alice Springs Hospital by police (it was determined that transport by police vehicle would be quicker than awaiting the arrival of an ambulance)

Mr King was gravely ill and despite "intensive and aggressive medical intervention" died on 24 June 2002.

In the findings the Coroner indicated

"At this time the deceased was effectively unable to communicate and was very unwell. On all of the medical evidence I find that, in fact, the deceased was not severely intoxicated on this second occasion of detention but very ill. The signs of illness and severe intoxication are similar and I do not criticise the police for this mistake. Indeed neither counsel for the family nor any other counsel suggested I do so criticise. The police are to be commended for picking up the fact of the deceased's illness as soon as they did."

Greg Cavanagh - Territory Coroner.

For this case study it should be noted that the Coroner was not critical of the police response and that the police members were to be commended in identifying the underlying medical issues once at the Watch House.

Where a person has been seen by a medical professional, either in the Watch House or at a hospital, clinic or other medical facility it is imperative that a medical certificate, doctors letter or other documentation which indicates that the person's health can safely be managed while the


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part 1 - royal commission · as a police officer a great deal of importance is placed ... were from...

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