Transfer to court custody

Escort staff are aware of detainees’ individual needs, and these needs are met during escort.

Transfer to court custody

2.1 Detainees are transported to court safely and in accordance with their needs.

Indicators

  • Escort staff are aware of detainees’ individual needs. All necessary information identifying any issues relating to risk or self-harm is recorded in the person escort record which is completed thoroughly and accompanies the detainee on their journey. Confidential information that travels with the detainee is securely sealed and is only accessed in an emergency (see expectation on release and transfer from court custody).
  • Detainees who will require medication have sufficient supplies transferred with them.
  • Cellular vehicles are safe, clean, comfortable, well ventilated, of a suitable temperature, provide sufficient light and space for detainees and are fully equipped (for example, with bottles of water, food, a first aid kit and sickness bags) to cater for all needs.
  • Suitable alternative vehicles are available where necessary to meet individual needs, including for pregnant women, women with babies, children and those who have experienced previous trauma which makes use of a cellular vehicle inappropriate.
  • Escort staff can easily observe detainees, and escort staff and detainees are able to communicate directly at all times. Escort staff regularly check on detainees’ welfare.
  • Escort staff can quickly and safely evacuate vehicles in the event of an emergency.
  • Women, children and adult men are transported in separate vehicles.
  • Women and girls are transported in vehicles with a female escort.
  • Detainees are safeguarded from violence and intimidation from other detainees during transfer.
  • Detainees do not experience long journeys and all efforts are made to reduce journey time.
  • Detainees are offered rest stops or comfort breaks at appropriate intervals and the frequency of stops considers any individual circumstances, including health needs and the needs of women, children and detainees with disabilities.
  • Detainees are disembarked quickly and are not made to wait outside the custody suite in cellular vehicles.
  • Detainees arrive wearing suitable clothing for their transfer and court appearance.
  • Personal belongings accompany a detainee during their transfer to and from court.
  • During their transfer and on arrival at the court detainees have their privacy and dignity maintained and are protected from insult, curiosity, publicity and media attention, including photography.
  • Detainees know where they are going.

Human rights standards
In relation to expectation 2.1: Human rights standards require detainees to be transported safely and in conditions which maintain their dignity and take into account their differing individual needs. Detainee’s privacy must be maintained; personal and health information must only be accessed by those who require it and detainees should be exposed to public view as little as possible. Detainees must always know where they are going. See ECHR 2, 3, 5, 8, 14; ICCPR 6(1), 7, 10(1), 17, 26; ICESCR 12; CAT 2, 16; CEDAW 2, 4; CRPD 9, 10, 14, 15, 17, 22; EPR 1, 11, 15, 16, 20, 22, 31.7, 33, 34.1, 35.4, 36.1, 97; SMR 1, 2, 7, 9, 11, 20, 73; BOP 16, YP 5(a), 6(f), 9(a), (d). In relation to children see CRC 3, 24(1), 37 and HR 21, 22, 26, 29, 35, 36. See also CPT/Inf(2018)24, Transport of detainees.