other ombudsman decisions of importance to the rights of persons deprived of their liberty Ombudsman criticised how a person assessed to be suicidal had to sit in a police cell without clothes for three days without a medical assessment.22 Transport of persons deprived of their liberty The Prison and Probation Service’s transport service does not just transport persons on remand and prison inmates, but also transports others including those taken into custody pursuant to various forms of coercive legislation. This might, for example, involve substance misusers or young persons. In several decisions, the Parliamentary Ombudsman has criticised the fact that persons in custody have spent too much time in a police cell while awaiting transport.23 The opportunity to take a person into custody in connection with judicial assistance has been the subject to consideration in the report, Transport of Persons Deprived of Their Liberty (SOU 2011:7). The report notes that current legislation contains a great number of provisions granting the right to restrict liberty, but that these provisions do not always specify whether the restriction of liberty is associated with a right or obligation to take the person into custody, e.g. placement in a police cell or another form of incarceration. As regards the LVM legislation, this states that the police shall provide assistance to convey a person who is to be given care, or who is immediately taken into custody, to an LVM home. The report states that there may be no uncertainty as regards the opportunity to detain a person taken into custody under LVM in connection with judicial assistance in a police cell while awaiting transport. For this reason, the report proposed the introduction of a provision concerning this into the LVM.24 The inquiry’s proposal has not yet resulted in legislation, but is being processed by the Government Offices. The Parliamentary Ombudsman has also issued statements in several cases concerning the placement of those taken into custody pursuant to the LVM. In one case, the person taken into custody pursuant to the LVM had spent five days in a police cell while awaiting transport. The Parliamentary Ombudsman stated that although there are some unclear points concerning the legal position, there is nevertheless an opportunity for detention in connection with judicial assistance. However, this opportunity should be used restrictively. The basic premise is to be that the person the measure concerns not be detained under more radical forms than is necessary. Those taken into custody due to a need of care should be promptly conveyed to the treatment home that has been assessed capable of satisfying this need. The period a substance misuser spends in detention should therefore be as short as pos22 Ref. no. 6237-2012 23 Ref. no. 1519-2012, ref. no. 5182-2013 24 SOU 2011:7 p. 404 f. 53

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