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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
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Regular and thorough checks of people in police custody
That:
a) Police instructions and training should require that regular, careful and thorough checks of all detainees in police custody be made;
b) During the first two hours of detention, a detainee should be checked at intervals of not greater than fifteen minutes and that thereafter checks should be conducted at intervals of no greater than one hour;
c) Notwithstanding the provision of electronic surveillance equipment, the monitoring of such persons in the periods described above should at all times be made in person. Where a detainee is awake, the check should involve conversation with that person. Where the person is sleeping the officer checking should ensure that the person is breathing comfortably and is in a safe posture and otherwise appears not to be at risk. Where there is any reason for the inspecting officer to be concerned about the physical or mental condition of a detainee, that person should be woken and checked; and
d) Where any detainee has been identified as, or is suspected to be, a prisoner at risk then the prisoner or detainee should be subject to checking which is closer and more frequent than the standard.
Priority for Further Work:
High
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) identified serious deficiencies in the supervision of detainees in police custody, particularly regarding the conduct of cell checks. It found that checks were often infrequent, superficial, and lacked clear procedural guidance, contributing to preventable death, especially within the first hours of detention. In response, the Commission recommended that police instructions and training mandate regular, careful, and thorough in-person checks of all detainees. Specifically, it advised that detainees be checked at intervals no greater than fifteen minutes during the first two hours of custody, and hourly thereafter. For those identified as at risk, checks should be more frequent or continuous. Importantly, the Commission emphasized that electronic surveillance must not replace physical checks; officers should engage in conversation with awake detainees and ensure sleeping individuals are breathing comfortably and appear safe. Where there is any concern, the detainee should be woken and assessed. These recommendations aimed to establish clearer accountability and improve custodial care, particularly for Aboriginal people who face heightened vulnerability in custody.