Conduct of custody sergeant during a search - West Mercia Police, December 2018

In December 2018 West Mercia Police referred a recordable conduct matter to us regarding the strip search of a man arrested in October on suspicion of supplying class A drugs.

The man was transported to a custody facility and, due to his demeanour and previous warning markers, a strip search was authorised. This was carried out by the custody sergeant and two other officers.

The force referred this matter to us due to concerns that the techniques used by the custody sergeant may not have been acceptable.

We obtained copies of the custody log and made contact with the detainee. We also interviewed the custody sergeant under misconduct caution.

In our opinion, the custody sergeant had intended to conduct a strip search and had unwittingly extended beyond the parameters for such a search, and performed an intimate search, without appropriate authorisation. We did not believe there was evidence that the custody sergeant had deliberately sought to conduct an intimate search without authorisation. We were also of the opinion that there weren’t enough reasons to conduct an intimate search – even though the custody sergeant stated that he performed the search with the welfare of the detainee in mind.

Based on the evidence available, we were of the opinion that the custody sergeant may have a case to answer for misconduct. We completed our investigation in July 2019.

Our investigation highlighted a need for the force to implement additional or refresher training for officers who move into a custody environment, to be delivered before they commence their roles.

After reviewing our report, West Mercia Police agreed the sergeant had breached the standards of professional behaviour. The force considered that the sergeant had acted in good faith and had demonstrated a degree of insight, reflecting on his actions, and conceded he had overstepped the mark. They proposed to deal with this through management action. West Mercia Police also advised that information about the learning from this case would be circulated to all custody officers currently serving in the West Mercia and Warwickshire alliance.

We agreed that their proposals were appropriate.