All uses of force must be proportionate, lawful and necessary in the circumstances. Officers will be accountable for all instances where force is used. Custody officers may (under section 54 of PACE) seize clothing on the grounds that they believe a detainee may use it to harm themselves. See also paragraph 4.2 of PACE Code C. With specific reference to restraint and drug use, restraint is significantly more likely to be used in a drug-related arrest than during a non-drug-related case. IPCC (2010) Deaths in or following police custody: An examination of the cases 1998/99 – 2008/09 found that of the 56 drug-related cases of death in or following custody, 43% had involved restraint of the individual. Most commonly, the restraint technique involved officers holding down the individual.

Responsibility for the use of force rests with the police officer exercising that force. Officers must be able to show that the use of force was lawful, proportionate and necessary in the circumstances. Using handcuffs, for example, may not always be a necessary or proportionate response. Please note, use of force may also engage articles 2 and 5 of the European Convention on Human Rights (ECHR), where the force is deemed unlawful and/or unnecessary. Mental capacity Only approved techniques and methods should be used when placing a violent detainee in a cell. A healthcare professional (HCP) should assess and monitor a violent detainee’s condition, when the underlying reason for their violence is not apparent.

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pressure is applied, which restricts the shoulder girdle or accessory muscles of respiration while the person is lying down in any position

Officers must closely monitor a person following discharge of the Taser. If the person is detained in a cell, they should be monitored and observed according to the risk assessment, such as at level 3 (constant supervision) or level 4 (close proximity). Warning signs include a detainee complaining of chest pain or shortness of breath. The ruling in this case is at variance with PACE Code C, Annex A, paragraph 11(e) on strip searches. Despite this ruling, care should clearly be taken in the operational context when considering such intrusive activity. Property removal and storage The arresting/escorting officer must inform the custody officer immediately if any force has been used during the arrest and/or escort of the detainee.

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R (on the application of Sessay) v South London and Maudsley NHS Foundation Trust [2011] EWHC 2617 (QB) The touching or applying of bodily force to any orifice (other than the mouth) or the immediate surroundings of any body orifice would constitute an ‘intimate search’ for the purposes of PACE. However, this position has been complicated by the 2021 ruling in Owens v Chief Constable of Merseyside Police [2021] EWHC 3119 (QB).

For additional information on the use of restraints in a cell, see PACE Code C paragraph 8.11. Cell relocationStaff should also explain why it is necessary to take what may be considered unwelcome actions, such as requiring the removal of items of a detainee’s clothing, for the purposes of a search. In recording the use of force, officers and staff should use the following categories as a minimum: