Recommendation 137

This recommendation is assigned to CSNSW.

Recommendation

That:

a. Police instructions and training should require that regular, careful and thorough checks of all detainees in police custody be made;

b. During the first two hours of detention, a detainee should be checked at intervals of not greater than fifteen minutes and that thereafter checks should be conducted at intervals of no greater than one hour;

c. Notwithstanding the provision of electronic surveillance equipment, the monitoring of such persons in the periods described above should at all times be made in person. Where a detainee is awake, the check should involve conversation with that person. Where the person is sleeping the officer checking should ensure that the person is breathing comfortably and is in a safe posture and otherwise appears not to be at risk. Where there is any reason for the inspecting officer to be concerned about the physical or mental condition of a detainee, that person should be woken and checked; and

d. Where any detainee has been identified as, or is suspected to be, a prisoner at risk then the prisoner or detainee should be subject to checking which is closer and more frequent than the standard.

Context

At the commencement of Chapter 24.1 the Royal Commission report stated that issues dealing with Police and prison custody deaths would be dealt with separately in different chapters as the issues were quite distinct. Since the time of the RCIADIC report, CSNSW has taken operational responsibility for some police/court cells. The report identified that from the investigation of the deaths in each State and Territory there was an obvious need for clear instructions for custodial staff on the frequency of physical checks on prisoners. The Royal Commissioner acknowledged that the frequency of checks could not be overstated. Recommendation 137 is directed at implementing protocols to ensure cells checks are conducted frequently particularly in the initial hours of custody and that physical checks are replaced by electronic monitoring for those initial hours. 

Detail of implementation 

It is important to note that the term “detainee” refers to individuals who are in police custody rather than Corrective Services’ custody, however, the recommendation is relevant to CSNSW following the transfer of responsibility from the Police service for the management of certain police/court cell complexes e.g. Surry Hills. 

Under the Crimes (Administration of Sentences) Act 1999, the principal legislation under which CSNSW operates, the term correctional centre means—

(a)  any premises declared to be a correctional centre by a proclamation in force under section 225, including any juvenile correctional centre declared under section 225A, and

(b)  any police station or court cell complex in which an offender is held in custody in accordance with this or any other Act.

So, for a limited period and in limited locations, CSNSW does have responsibility for offenders in police cells who would be considered “detainees” in this recommendation.

Usually, sometime has elapsed before a person is transferred from Police Custody to CSNSW custody, as such the checking routine frequency in a) and b) is not necessarily relevant, however, CSNSW has amended the Court Escort Security Unit (CESU) Statement of duties in September 2021 for Surry Hills Police / Court Cells for the following posts (see attached statements):

• Cells A, B & C Watch

• Monitor A, B & C Watch

• Control A, B & C Watch 

Relevantly, these amendments included:

Security/Accountability

• The Officer in Charge (OIC) will ensure that staff undertake irregular / intermittent patrols of common areas and cell areas. 

These checks must be validated by using the Morseman tool

• Staff must ensure that during the checks of commons areas and cells areas that the Morseman tool makes physical contact with contact buttons located at specific points around the cell complex.

• Respond to push button alarms, radio calls, staff/inmate assaults, non-compliant inmates.

• Enter an area and randomly search inmates/cells.

Note: The Morseman tool is a wand that officers carry that makes physical contact with contact buttons located at specific points around the cell complex and is linked back to software which validates checks on a designated PC. The Morseman tool is used to conduct external checks at both the beginning and the end of each shift. Internal checks are conducted intermittent checks throughout the shift, i.e. When a new inmate is brought in, when officers are patrolling, etc.

*The remainder of police / court cell locations Statements of duties for these posts have also been updated recently:

• CESU LOP 2019/004: Generic duties and responsibilities of the Monitor Room Office

• CESU LOP 2019/008: Inmate Accommodation

• CESU LOP 2019/010: Monitoring Inmate Welfare and Response to Cell Alarms

Some court cell locations also include a nursing presence from Justice Health nurses.

CSNSW approach is to assess offenders and make an informed view - which may not necessarily involve 15 min interval checking. 

COPP 3.7 Management of inmates at risk of self-harm or suicide

Point 4.3 Immediate Support Plan Cell placement options 

• Cell placement must balance safety and security requirements with principles of least restrictive care. The following accommodation strategies for managing an inmate’s risk of suicide or self-harm provide guidance, but decisions must be made by the OIC according to each individual’s circumstance.

Evidence

• CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 225

• COPP 3.7 Management of inmates at risk of self-harm or suicide (PDF, 2.3 MB)