Risk assessments when arresting

AuthorityIsle of Man Constabulary
Date received2024-07-08
OutcomeAll information sent
Outcome date2024-07-25
Case ID3962753

Summary

The request sought details on risk assessments for arrests, specifically regarding vulnerable persons and those needing medical help. The Isle of Man Constabulary disclosed that no standardized pre-arrest risk assessment exists due to dynamic scenarios, but standardized assessments occur post-arrest in custody, with medical needs taking precedence.

Key Facts

  • Arrests must be 'necessary' under s27(5) of the Police Powers and Procedures Act.
  • Police officers use dynamic risk assessments and the National Decision-Making Model (NDM) rather than a standardized form during arrest.
  • Standardized risk assessments for vulnerability, medical needs, and mental health are conducted by Custody Sergeants once a detainee arrives at a police station.
  • Medical needs almost always take precedence over custody procedures for individuals requiring treatment.
  • Officers may decide to take a detainee to an Emergency Care setting or have them assessed by a Force Medical Examiner before or upon arrival at custody.

Data Disclosed

  • 3962753
  • 2024-07-08
  • 2024-07-25
  • s27(5)
  • 3 pages
  • 1 document

Original Request

1. What risk assessment if any is considered when arresting a person? 2. What health and safety factors are taken into consideration when arresting a vulnerable person? 2. What risk assessment is carried out when arresting a person likely to need medical help?

Data Tables (1)

Full Response Text

Isle of Man Constabulary Freedom of Information Police Headquarters Dukes Avenue Douglas Isle of Man IM2 4RG

Our ref: 3962753 25 July 2024

Dear

We write further to your request, received 8 July 2024, which states:

"1. What risk assessment if any is considered when arresting a person?

  1. What health and safety factors are taken into consideration when arresting a vulnerable person?

  2. What risk assessment is carried out when arresting a person likely to need medical help?"

Our response to your request is as follows: I have detailed below the information that is being released to you.

To arrest a person, the arrest must be ‘necessary’ as per s27(5) of the Police Powers and Procedures act. Therefore no arrest may take place unless one of the criteria in that section is satisfied.

When a person is arrested, there are an almost infinite combination of possible scenarios that could occur. Therefore Police Officers are trained, and requalify yearly to carry out dynamic risk assessments entirely dependent on the information they are able to access at the time. They will also utilise a national Police decision making model called the NDM (National Decision-Making Model). Therefore there is no standardised risk assessment that takes place when a decision is being made to arrest a person because the possibilities are almost endless. All Police Officer decisions are underpinned by the standards of professional behaviour expected of a Police Officer.

Once a person has been arrested and are brought before a Custody Sergeant at a designated Police Station, there are standardised risk assessments that are asked of the detainee, and of the Custody Sergeant designed to identify any issues with vulnerability, cognitive ability, medical needs, mental health needs, learning disabilities, hygiene, allergies, medication, self-harm, suicide, care responsibilities etc. Those issues are then addressed appropriately, again there is no one-size-fits all and Custody Sergeants must use the options available to them, using the NDM to address those issues.

Vulnerable people are treated in accordance with their needs as they are identified.

When a decision has been made to arrest a person who is likely to need medical help, medical needs almost always take precedence over any custody procedure. Arrested people who require medical treatment will have a dynamic assessment made by the arresting officer whether they need to be seen at an Emergency Care setting prior to arrival at Custody, or whether it may be suitable for a Force Medical Examiner (a Dr) to assess the at Custody, in a suitably agreed time scale. This decision will then be reviewed by the Custody Sergeant on their arrival at Custody. That Custody Sergeant may send the person to hospital for immediate medical attention, or may agree that the person can stay in custody and receive alternative treatment.

Assessment of vulnerability and medical need is constant throughout a person’s detention as it can vary wildly depending on circumstances. As and when the situation changes, Isle of Man Constabulary staff take appropriate action to address it.

Please quote the reference number 3962753 in any future communications.

Your right to request a review

If you are unhappy with this response to your freedom of information request, you may ask us to carry out an internal review of the response, by completing a complaint form and submitting it electronically or by delivery/post.

An electronic version of our complaint form can be found by going to our website at https://services.gov.im/freedom-of-information/Review . If you would like a paper version of our complaint form to be sent to you by post, please contact me and I will be happy to arrange for this. Your review request should explain why you are dissatisfied with this response, and should be made as soon as practicable. We will respond as soon as the review has been concluded.

If you are not satisfied with the result of the review, you then have the right to appeal to the Information Commissioner for a decision on; 1. Whether we have responded to your request for information in accordance with Part 2 of the Freedom of Information Act 2015; or 2. Whether we are justified in refusing to give you the information requested.
In response to an application for review, the Information Commissioner may, at any time, attempt to resolve a matter by negotiation, conciliation, mediation or another form of alternative dispute resolution and will have regard to any outcome of this in making any subsequent decision. More detailed information on your right to a review can be found on the Information Commissioner’s website at www.inforights.im. Should you have any queries concerning this letter, please do not hesitate to contact me. Further information about freedom of information requests can be found at www.gov.im/foi.

I will now close your request as of this date.

Yours sincerely