CAT/OP/GBR/CSPRO/1
Scotland
109. The National Police Care Network has a role to improve capability and capacity in
the forensic medical workforce in Scotland. Through its Education and Workforce Working
Group the Network is refreshing existing training materials. The Network will ensure that
the underpinning international and national legal context, including the Mandela Rules and
Istanbul Protocol is included in the revised training materials. The Networks will also work
with healthcare professionals working in police custody to ensure that they are aware of
processes for the examination of victims of torture and ill treatment.
110. Neither the Mandela Rules nor the Istanbul protocol is currently referenced within the
custody training curriculum. However, similar principles exist within Police Scotland’s
Standard Operating Procedure (SOP) relating to persons in police custody. The SOP confirms
that the care and welfare of individuals in police custody is paramount.
111. In relation to equality and human rights considerations, guidance directs that “it is
essential that the care, welfare and security of persons held in police custody be maintained
to consistently high standards. Whilst security is of paramount importance, all persons are
to be treated with care and respect, ensuring that their fundamental human rights are
maintained at all times. No person should receive less favourable treatment on the grounds
of age, disability, gender reassignment, marriage or civil partnership, pregnancy and
maternity, race, religion or belief, sex and sexual orientation. Each and every person must
be considered as an individual with specific needs relevant to their particular circumstances,
health and condition. Reasonable requests, which do not interfere with operational
requirements or security, should only be refused when there are justifiable reasons.”
112. A Pilot for trialling “Soft Cuffs” was launched in the Falkirk area of Scotland in 2019.
They are Velcro straps for the wrists, which allow a custody to be restrained but with less
pain than the rigid issue cuffs. These can be used on persons who are on constant observations
(in certain circumstances) where officers are sitting outside a cell with open door / glass
screen and not consenting to an internal search, but otherwise totally compliant/ i.e., no
hostility. Alternatively, they can be used on persons with mental health issues under the same
observation regime. They are more comfortable and are a way of encouraging compliance. It
is the intention to roll out this equipment nationally in due course.
113. Medical provision for persons in custody is the responsibility of National Health
Service (NHS) Scotland. Should medical advice and / or assistance be required in relation to
any person in custody, it is the responsibility of the custody supervisor to make direct contact
with the Health Care Professional (HCP), however every person entering a custody
environment is not routinely seen by an HCP.
114. In relation to examinations, interim guidance is currently in place to “ensure that a
robust and reliable healthcare service continues within police custody during the COVID-19
pandemic. The National Police Care Network has co-produced this guidance with Police
Scotland and other partners to ensure there is minimal contact between people in police
custody and/or minimal physical attendance of persons in custody, regardless of symptoms.”
This is to minimise the risk of infection from Covid-19 and protect people in custody and
NHS and Police Scotland staff.
115. Current protocol advises that all cases that require clinical advice will be dealt with
via telephone triage. Police Custody Officers require to phone the NHS Police Custody
healthcare team in their area.
116. In the first instance NHS staff will triage over the phone. Healthcare professionals
will attend police custody to see patients where clinically appropriate. If clinical judgement
is such that attendance is not required, an explanation for this will be noted on the custody
and clinical IT systems. Further follow up calls to healthcare professionals may be required
if the situation changes.
“73. The Subcommittee recommends that the State party develop a comprehensive
national policy and strategy to ensure appropriate access to health care and mental
health-care services across the criminal justice system, with particular attention to
juvenile offenders. It also recommends that the State party transfer immediately
persons, especially children with acute mental health problems, to an appropriate
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