the police authority
20
Holding individuals in custody in connection with
assisted transportation
A transportation
of an individual
detained for care
must begin as soon
as possible
The Police Authority is able to transfer the responsibility for transportations
of individuals deprived of their liberty to the Prison and Probation Service.
The Prison and Probation Service is to then carry out these transportations.5
In order to facilitate the carrying out of these transportations, provisions have
been introduced which provide the Police Authority with the right to take
into custody, inter alia, young individuals taken into care in accordance with
the Care of Young Persons Act (1990:52). This option may only be used if it is
necessary to carry out an assisted transportation, i.e. a transportation that has
been requested by another public agency and the young individual is over 15
years of age.6 Similar provisions are found in the Care of Substance Abusers
Act (1988: 870).7 The preparatory works to the provisions state that the option
to hold an individual in custody is to be used as a last resort and for the shortest time possible.8 The Parliamentary Ombudsman has stated that there is an
urgency requirement in the transportation to treatment homes of individuals
taken into custody for care in accordance with the Care of Substance Abusers
Act. The premise should be that the transportation must begin no later than
the day after the individual has been encountered. Sometimes, however, there
may be reason to deviate from this principle, for example if a doctor assesses
that the transportation may not be carried out.9
During the inspection of the police custody facility in Borlänge, it emerged that
at least 20 young persons taken into custody under the Care of Young Persons
Act had been held in the police custody facility pending transportation in
2018 and 2019. Several young persons had to wait in the police custody facility
for more than two days. One of the young persons turned 15 the same day she
was taken into custody, and she was detained for almost three days. Following
the inspection, the Parliamentary Ombudsman stated that a police custody
facility as a rule is an unsuitable place for placing young persons who, in
many cases, lack previous experience of such environments. If a young person
is to be placed in police custody facility at all, a transportation must be initiated as soon as possible and no later than the day after they have been taken
into custody. In the view of the Parliamentary Ombudsman, it was unacceptable that an individual who had just turned 15 was had been held in the police
custody facility for almost three days whilst awaiting transportation.10
5 See Section 29 a of the Police Act (1984:387) and Section 6, first paragraph of the Ordinance with Instructions for the Prison and
Probation Service (2007:1172).
6 See Section 43 c of the Care of Young Persons Act.
7 See Section 45 c of the Care of Substance Abusers Act.
8 See Government Bill 2016/17:57 p. 78.
9 See the Parliamentary Ombudsmen 2016/17 p. 378, ref. no. 6293-2014.
10 See the Parliamentary Ombudsmen’s report p. 7 and 16, ref. no. O 13-2019.
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