Recommendation 144

This recommendation is assigned to CSNSW.

Recommendation

That in all cases, unless there are substantial grounds for believing that the well being of the detainee or other persons detained would be prejudiced, an Aboriginal detainee should not be placed alone in a police cell. Wherever possible an Aboriginal detainee should be accommodated with another Aboriginal person. The views of the Aboriginal detainee and such other detainee as may be affected should be sought. Where placement in a cell alone is the only alternative the detainee should thereafter be treated as a person who requires careful surveillance.

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 quire distinct. Since the time of the RCIADIC report, Corrective Services NSW (CSNSW) has taken operational responsibility for some police/court cells. Recommendation 144 echoes a recommendation made in the interim report that many jurisdictions embodied in police instructions, that Aboriginal people in custody should not be placed in a cell alone. This recommendation is directed at NSW Police Force but relates to CSNSW taking operational responsibility for some Police Court cells. The term detainee relates to police detention in police cell.

Details of implementation:

Local Operating Procedure - Corrections Escort Security Unit (CESU) 2020/008 Inmate Accommodation

9. Two-out cell placements

Two-out cell placement is primarily suitable for inmates with significant risk factors that indicate that they must share a cell with a compatible inmate.

9.1 Risk of self-harm or suicide, however not a risk of harm to or from others. Both inmates must consent in sharing the cell with each other.

9.2 Special needs, inclusive of a medical condition or health issues, i.e., old age, disabled, heart disease, chronic asthmatic, epileptic, unstable diabetic.

9.3 Young or first-time offender, or Aboriginal inmate experiencing distress 9.4 non-English speaking offenders, it may be suitable to place the inmate with another inmate that similarly speaks the same language.

9.5 If an inmate has requested to occupy a cell with another inmate, they must complete an inmate application form. The Officer in Charge (OIC)/authorised officer is to approve/not approve the request.

9.6 Co-accused inmates sharing accommodation are prohibited from sharing accommodation.

9.7 All inmates to be observed by the monitor room officer and physical inspections to be conducted. After inspections of each cell are conducted use the Morseman Tool to ensure inspection of cells has been recorded.

If the aboriginal inmate is determined to be at risk the following policy would be followed for cell placement – this applies to police cells as well as correctional centres.

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

Point 4.3 ISP 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. The inmate may be placed in a normal cell. This option could be suitable for inmates whose risk of suicide or self-harm does not require the presence of constant human contact or observation. A two-out cell placement means that the inmate must be housed in a cell with a selected cellmate, with the objective of reducing the risk of suicide or self-harm. A suitable cellmate should be selected by checking for any relevant alerts and other information in OIMS. There should be no indication the selected cellmate poses any threat to the inmate or to themselves, or that the at-risk inmate is a threat to others. A suitable cellmate would activate the cell alarm in the event of an emergency. The cellmate must be aware of how and when to use the cell alarm. Both the at-risk inmate and the cellmate must sign an Inmate undertaking to share accommodation. An inmate assessed as requiring a two-out cell placement must never be locked alone in a cell (with the exception of an assessment cell). If the selected cellmate is not present at any time (e.g. is attending work, the clinic or court) the at-risk inmate should be moved to another cell which would maintain a suitable two-out arrangement or must be in the direct company of a staff member until the cell-mate returns.

Evidence

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