the police authority
24
During the inspections of the police custody facilities in Arvika and Växjö, it
emerged that individuals deprived of their liberty must change into clothing
provided by the Police Authority upon registration. In the report following
the inspections, the Parliamentary Ombudsman reiterated previous statements made on this issue as well.24
Persons detained due to intoxication
A police officer is authorised to detain and take into protective care an individual who is so intoxicated by alcohol or other intoxicants that they cannot
take care of themselves, or otherwise poses a danger to themselves or others.
The detainee is to be released as soon as is possible without the risk of harm
to themselves and there are no longer grounds for detention. However, the
detainee must always be released no later than eight hours after detention,
unless it is clearly in their own interest that they may remain for a short period beyond that.25
Decisions to detain
persons due to
intoxication must
be reviewed continuously and last for
as short a time as
possible
During the inspection of the police custody facility in Borlänge, it emerged that
some police custody facility staff were of the opinion that an individual who
had been detained due to intoxication should be held deprived of their liberty
for at least six hours, and that the custody officer does not normally need to
be contacted before then. Similar information emerged during the inspections of the police custody facilities in Arvika, Karlskoga, and Kristinehamn.
Following the inspections, the Parliamentary Ombudsman stated that detention for reasons of care should last for as short a time as possible and that
there should be a continuous review of whether the conditions for continued
detention are met.26
During the inspection of the police custody facility in Borlänge, it emerged that
sobering up places had recently been established at Falu Hospital. Furthermore, Dalarna Region is able to admit intoxicated individuals to the accident
and emergency units at the hospitals in Ludvika and Mora. The police responsible in the Dalarna Police District have produced a checklist to be used for
detentions made in accordance with the Care of Intoxicated Persons Act. The
checklist is used to assess whether an intoxicated individual should be taken
to a healthcare facility for treatment or into police custody. Following the
inspection, the Parliamentary Ombudsman stated that it is positive that the
Police Authority works systematically with this issue.27
Supervisors’ remote reviews
A police officer who has detained an individual into custody in accordance
with the Police Act or the Care of Intoxicated Persons Act must report this ac24 See the Parliamentary Ombudsmen’s report p. 5 and 12, ref. no. O 47-2019 and report p. 4 and 9, ref. no. O 21-2019.
25 See Section 1, first paragraph and Section 7, third paragraph of the Care of Intoxicated Persons Act.
26 See the Parliamentary Ombudsmen’s report p. 6 and 11, ref. no. O 13-2019 and report p. 6 and 11, ref. no. O 47-2019, report p. 5 and 6,
ref. no. O 48-2019 and report p. 5, ref. no. O 49-2019.
27 See the Parliamentary Ombudsmen’s report p. 5 and 17, ref. no. O 13-2019.
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