Release and transfer from custody

Pre-release risk assessments reflect all risks identified during the detainee’s stay in custody. Detainees are offered and provided with advice, information and onward referral to other agencies as necessary to support their safety and well-being on release. Detainees appear promptly at court in person or by video.

Pre-release risk assessment (PRRA)

5.1 Pre-release risk management planning for detainees is conducted to ensure they are released safely.

Indicators (what we expect to see)

  • Good quality pre-release risk assessments are completed with the detainee. They are documented and identify any risks and vulnerability identified throughout their period of detention. Action is taken to reduce any identified risks and welfare concerns prior to release. This should include attention to, and support as necessary for, the means by which detainees will return home, particularly where TACT detention has resulted in their displacement a long way from home.
  • Appropriate information about risk, vulnerability or safeguarding is communicated confidentially to relevant agencies and support organisations.
  • Particular attention is given to safely managing the release of vulnerable detainees.
  • Detainees are seen by a health care professional prior to release where possible (release should not be delayed to allow this to take place).
  • If there were identified health care concerns during the period of detention every reasonable effort must be made for the detainee to be seen by a health care professional, unless release would be delayed as a direct result. In this case the detainee should be referred to relevant health care professionals.
  • There is up-to-date information, including contact details for support organisations, and this is provided to detainees in a format and language they can easily understand.
  • Person escort records are completed with all relevant detail, especially any issues relating to risk or self-harm, and shared with relevant agencies and support organisations.

Courts

5.2 Detainees for whom police are seeking a warrant of further detention or who have been charged and refused bail, appear at court promptly, either in person or via video link.

Indicators (what we expect to see)

  • Detainees are able to appear in court in a timely manner and are not held in police custody for longer than is necessary.
  • Detainees who are being transferred to another custody facility or court are escorted safely and with consideration of their individual need. Person escort records are completed clearly and accurately. 
  • Detainees appearing at court in person and via video link are suitably dressed.
  • Detainees who appear at court via video link, who are remanded in custody beyond a period of 14 days from the time of their arrest, are held in police custody for no longer than necessary after the hearing has concluded.

Human rights standards

In relation to expectations 5.1 and 5.2: Human rights standards require consideration to be given to a detainee’s health needs both during detention and prior to release. Consideration must be given to the detainee’s need for assistance on release. Furthermore, the right to a fair trial must be protected and nothing done that might interfere with due process. See ECHR 2, 3, 6, 8; ICCPR 9, 10(1), 14; ICESCR 12; CCLEO 2, 6; BOP 1, 6, 13, 36, 37, 38, 39; PPMI principles 1, 2, 20; PME 1.