effective and timely outcomes, and this work will
continue.
Of these complaints and notifications 4% were
identified to have OPCAT related issues. Where
complaints or referrals are identified as having an
OPCAT related issue, the Authority categorises them
into those that are the most serious and require
independent investigation, and those that are suitable
for other action including referral back to Police for
investigation under the Authority’s oversight.
Particular areas of focus
Three particular areas have been the focus of the
Authority’s work over the financial year: the way in
which mentally impaired persons in Police custody
are dealt with: the physical state of Court cells and
the number of young people in Police cells.
Mental Health and Police Custodial
Management
A central theme of this report has been the
inadequacies in the way in which mental health
issues are addressed when people end up in custody.
Police detention is no exception in this respect. Those
who are detained are more likely to have a mental
health issue and being detained can exacerbate these
issues.
Police are often the first point of call when someone
is experiencing mental distress. During the 20162017 financial year (1 July 2016 until 30 June 2017)
Police received 48,837 mental health related calls
and attended 35,726 of these.30 Call and attendance
rates have increased by approximately 9% per
annum over the past 10 years and this is forecast
to continue.31 In addition, Police respond to many
offences (such as family violence) where mental
health is a factor. Approximately 46,000 people or
35% of people proceeded against by Police have
used mental health or addiction services in the 12
months on either side of their justice interaction.32
Police are not the appropriate agency to deal with
those in mental distress. Often these people end
up detained in a police cell due to a lack of other
suitable facilities and mental health professionals
Monitoring Places of Detention
not being available. They may then be detained in a
police cell awaiting a mental health assessment. As
stated by the IPCA in an earlier report:
“[t]he police custodial environment to which
[mentally impaired persons] are taken is
designed and constructed to facilitate the
effective management of those who pose a
risk to others and is an entirely inappropriate
environment in which to hold a person in
mental distress. It is high sensory, uninviting and
frequently noisy. The problems arising from a
lack of training and skills of custody officers in
dealing with at-risk detainees are accentuated
when people are mentally distressed. As a
result, while officers strive to deal with such
people patiently and professionally, their mental
distress is often exacerbated”.33
The right to health is a fundamental human right.
The International Covenant on Economic Social and
Cultural Rights (ICESCR) states there is a right to the
“enjoyment of the highest attainable standard of
physical and mental health”. People with mental
health needs and experiencing mental health should
receive the treatment they require in an appropriate
facility that will not exacerbate their illness. Places
of Police detention are not generally appropriate
facilities.
The Authority has therefore continued to work with
Police to improve the way in which Police and Mental
Health Services respond to those experiencing a
mental health crisis. In particular, in the exercise of
its OPCAT function, the Authority has been engaging
with Police, Mental Health Services, and Ambulance
to ensure that as far as practicable those who are
mentally impaired but have not committed an
offence are not detained in Police cells awaiting a
mental health assessment unless they present an
immediate risk to the safety of others.
During 2016 and 2017, the Authority has facilitated
a number of workshops between Police and Mental
Health Services throughout the country to identify
actions that would improve the interagency response
to mental health crisis calls. Police themselves have
also taken the initiative to work with other agencies
to find ways in which those in a mental health crisis
can be safely assessed without taking them to the
27
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