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Recommendation 135
This recommendation is assigned to CSNSW.
Recommendation
In no case should a person be transported by police to a watch- house when that person is either unconscious or not easily roused. Such persons must be immediately taken to a hospital or medical practitioner or, if neither is available, to a nurse or other person qualified to assess their health.
Context
The report of the Royal Commission emphasised that police lockups are not appropriate facilities for the care of intoxicated persons. Recommendation 135 is primarily directed at NSW Police Force but relates to Corrective Services NSW (CSNSW) taking operational responsibility for some Police Court cells. Recommendation 135 is directed at ensuring that if an intoxicated is transferred to a police lockup that they are immediately taken to a more appropriate facility for their care and supervision.
Status: Implemented
CSNSW will not accept inmates with observable medical conditions or injuries unless evaluated and confirmed fit for detention by a medical practitioner or qualified personnel.
Inmates with serious injuries or illnesses must receive proper medical attention or be evaluated by a medical professional before being accepted into CSNSW custody. Inmates with mental health issues require a mental health clearance from NSW Police Force (NSWPF).
Clinical services must follow Justice Health NSW policies. Emergency referrals are made by the responsible nurse or custodial officer if the nurse is unavailable.
Correctional officers must contact Justice Health NSW or NSW Ambulance Service for inmates who are seriously injured or ill.
Details of implementation
CSNSW has implemented policy around accepting an offender into custody who has observable medical conditions or injuries. CSNSW will not accept an inmate with those conditions unless a medical practitioner or person qualified to make a medical decision has evaluated the inmate and confirmed their fitness for detention in a court cell location.
COPP Section 1.1 Reception procedures
Point 1.2 Acceptance of inmates into CSNSW custody from Police any inmate who is suffering from serious observable injury or illness will not be accepted in CSNSW unless proper medical attention has been obtained by NSWPF and/or inmate has been evaluated by a medical practitioner or personnel qualified to make a necessary medical evaluation to confirm that the inmate is fit to be detained in custody at a court/police cell location. Any inmates with mental health issues NSWPF are required to obtain a mental health clearance before accepting an inmate into CSNSW Custody.
COPP 6.2 Hospitalisation of inmates
All clinical services provided must be within the scope of Justice Health NSW policies and procedures. Any emergency referral decisions should be made by the responsible nurse when available on site or contacted by telephone. Or the responsible custodial officer, when the nurse is not available on site or contactable on the telephone.
COPP Section 13.2 Medical Emergencies
Correctional officers are responsible for calling the Justice Health NSW and or the NSW Ambulance Service to respond to inmates who are seriously injured or ill.
Evidence
- COPP Section 1.1 Reception procedures (PDF, 3.0 MB)
- COPP 6.2 Hospitalisation of inmates (PDF, 411.6 KB)
- COPP Section 13.2 Medical Emergencies (PDF, 5.5 MB)
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