College of policing APP relating to Detention and Custody - Control, restraint and searches

Freedom of information request reference no: 01.FOI.24.035448

I note you seek access to the following information:

The College of Policing changed the APP relating to: ‘Detention and Custody - Control, restraint and searches’, with the addition of the section ‘ the documenting of strip searches in police custody.

This change to the APP was made on 5 July 2023.
Latest changes – detention and custody

It details the legal position and requirements re police custody strip searches / welfare clothes removal / PACE Code C Annex A - citing a legal ruling from 2015, Davis v Merseyside Police (which is sometimes referred to as PD v Merseyside Police).

Please can you tell me:

1. Whether your force procedure or policy on custody/strip search/documentation was updated to reflect this change to the APP?
   (ie - a change or updated version around or shortly after 5 July 2023 which relates to the APP new section on documenting strip searches in custody and / or PACE Code C Annex A and / or removal of clothes for welfare reasons/prevention of self-harm and / or Davies/PD v Merseyside Police).
   Please can you provide me with:
2. A copy of the force’s procedure / policy that was in place before the change was made (this would likely be the procedure / policy document that was in use in June 2023).
3. A copy / copies of any new / updated versions of this procedure / policy document that have been issued by your force since the change to the APP (in early July 2023).
4. If the change to the APP on this matter was communicated to custody officers / staff in any other way (perhaps an internal email or in an internal newsletter) I’d be grateful if you could also give me details of what was communicated and when.
5. If your procedure / policy on this issue had already been changed in 2015 as a result of the Davies v Merseyside Police ruling (or as a result of guidance on the ruling issued by HMIC in 2015) then please tell me about these changes (ie what was changed and when).

Decision

I have today decided to disclose the located information to you in full.

Please find below information pursuant to your request above.

Q1 - Whether your force procedure or policy on custody/strip search/documentation was updated to reflect this change to the APP? (ie - a change or updated version around or shortly after 5 July 2023 which relates to the APP new section on documenting strip searches in custody and / or PACE Code C Annex A and / or removal of clothes for welfare reasons/prevention of self-harm and / or Davies/PD v Merseyside Police).

Yes, the MPS have made changes to their working practices. New guidance/direction was produced and our workforce trained in the changes following some legal advice. This has been coupled with system updates to allow for staff to accurately record their decision making process in line with the changes. The new local guidance has been submitted for consideration as part of the wider MPS Custody Policy which is currently under review.

Q2 - A copy of the force’s procedure / policy that was in place before the change was made (this would likely be the procedure / policy document that was in use in June 2023)

Please find below a word document titled: Strip Search Policy v2, in which the requested information has been provided.

Q3 - A copy / copies of any new / updated versions of this procedure / policy document that have been issued by your force since the change to the APP (in early July 2023).

Please find below a word document titled: Strip Search Policy Update…, in which the requested information has been provided.

Q4 - If the change to the APP on this matter was communicated to custody officers / staff in Any other way (perhaps an internal email or in an internal newsletter) I’d be grateful if you could also give me details of what was communicated and when.

The general MPS custody workforce (to include Custody Officers) were made aware of the changes due Professional Development Day training. This is an 8 week input to capture the entire workforce across London and this training was delivered between 24 October 2023 to 12 December 2023 via PowerPoint presentation. There was some delay in system updates owing to the changes needed within the CONNECT system.

Q5 - If your procedure / policy on this issue had already been changed in 2015 as a result of the Davies v Merseyside Police ruling (or as a result of guidance on the ruling issued by HMIC in 2015) then please tell me about these changes (ie what was changed and when).

This is not the case. The MPS became aware of the amendments to the APP following the NPCC Custody circulation informing us of the change.