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Review of ACT Policing's Watchhouse Operations

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Review of ACT Policing's Watchhouse Operations Review of ACT Policing’s Watchhouse operations JOINT REPORT BY THE AUSTRALIAN FEDERAL POLICE AND THE COMMONWEALTH OMBUDSMAN June 2007 Report by the Acting Commonwealth and Law Enforcement Ombudsman, Dr Vivienne Thom under the Ombudsman Act 1976 REPORT NO. 06|2007 Review of ACT Policing’s Watchhouse operations A Joint Report by the Australian Federal Police and the Commonwealth Ombudsman June 2007 ISBN 978 0 9803878 3 4 Date of publication: June 2007 © Commonwealth of Australia 2007 This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Australian Government, available from the Attorney-General’s Department. Requests and enquiries concerning reproduction and rights should be addressed to the Commonwealth Copyright Administration, Copyright Law Branch, Attorney-General’s Department, National Circuit, Barton ACT 2601, or posted at http://www.ag.gov.au/cca. Produced by the Australian Federal Police and the Commonwealth Ombudsman, Canberra. Requests and enquiries can be directed to: AFP Marketing and Communications, GPO Box 401, Canberra ACT 2601; email [email protected] or phone 02 62462116 Director Public Affairs, Commonwealth Ombudsman, GPO Box 442, Canberra ACT 2601; email [email protected] or phone 1300 362 072 (local call charge). Copies of this report are available on the AFP’s website www.afp.gov.au and the Commonwealth Ombudsman’s website http://www.ombudsman.gov.au. i ii iii iv CONTENTS EXECUTIVE SUMMARY .................................................................................1 Introduction...............................................................................................................1 Conclusions..............................................................................................................1 Recommendations....................................................................................................2 Acknowledgements ..................................................................................................9 PART 1—BACKGROUND TO THE REVIEW ...............................................10 Introduction.............................................................................................................10 Scope of the Review...............................................................................................10 Methodology...........................................................................................................10 Benchmarking.........................................................................................................12 PART 2—THE WATCHHOUSE ....................................................................15 Brief description......................................................................................................15 ACT Policing overview........................................................................................15 City Watchhouse.................................................................................................16 Duty of care in the Watchhouse..........................................................................18 Legislative and procedural framework—guidelines and procedures ......................21 Legislation...........................................................................................................22 Commissioner’s Orders ......................................................................................23 National Guidelines, Practical Guides and other procedural guidelines .............23 Other reference sources for Watchhouse operations .........................................24 AFP National Guideline on Police Custodial Facilities and People in Custody and the ACT Policing Practical Guide: Persons in Custody.......................................24 The draft Watchhouse Manual............................................................................25 Recommendations..................................................................................................27 PART 3—PHYSICAL CONDITIONS AND SAFETY IN THE WATCHHOUSE.............................................................................................28 Facilities..................................................................................................................28 Entry to Watchhouse...........................................................................................28 Watchhouse facilities ..........................................................................................28 Watchhouse cells................................................................................................28 Amenities and services...........................................................................................31 Physical conditions of detention..........................................................................31 Property management ........................................................................................33 Dealing with emergencies...................................................................................35 The CCTV surveillance system ..............................................................................37 System overview.................................................................................................37 Video archive, backup, storage and retrieval......................................................38 Recommendations..................................................................................................40 PART 4—MANAGEMENT AND CONTROL OF PERSONS IN CUSTODY..42 Detainee reception, assessment and monitoring ...................................................42 v Use of holding cells in the Watchhouse ..............................................................42 Assessment on arrival.........................................................................................43 Cell Management data base...............................................................................44 Cell checks..........................................................................................................45 Shift handover.....................................................................................................47 Detainee health and well-being ..............................................................................49 Detainee health...................................................................................................49 Detainee well-being ............................................................................................52 Personal hygiene and privacy.............................................................................54 Use of force ............................................................................................................56 Guidelines and training .......................................................................................56 Oleoresin Capsicum............................................................................................57 Use of force reporting .........................................................................................58 Recommendations..................................................................................................60 PART 5—CARE OF DETAINEES WITH SPECIAL NEEDS OR ASSESSED AS ‘AT RISK’.................................................................................................63 Care of persons assessed as ‘at risk’.....................................................................63 Indigenous detainees..........................................................................................63 Juvenile detainees ..............................................................................................64 Intoxicated detainees..........................................................................................65 Violent detainees and detainees threatening self-harm......................................67 Detainees in need of protection ..........................................................................68 Detainees with special needs.................................................................................69 Provision of culturally sensitive services.............................................................69 Detainees with mental illness..............................................................................70 Detainees with physical or intellectual disabilities...............................................71 Recommendations..................................................................................................72 PART 6—STAFFING AND MANAGING THE WATCHHOUSE....................74 Staffing the Watchhouse ........................................................................................74 Watchhouse sergeants and constables..............................................................74 Adequacy of staffing in the Watchhouse.............................................................75 Staff training........................................................................................................76 Staffing levels......................................................................................................78 Female staff in the Watchhouse .........................................................................79 Morale in the Watchhouse ..................................................................................79
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