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Arrest Chapter

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									Arrest Teams – Operational Procedures 2010


CHAPTER 61 ARREST TEAMS – OPERATIONAL PROCEDURES
INDEX

61 General statement
61.1 Definition of                           ENFORCEMENT IMMIGRATION GUIDANCE
operational arrest
activity
61.2 Eligibility                                        CHAPTER 61
61.3 Training and
Certification
61.4 Personal Protective
Equipment (PPE)                 ARREST TEAMS – OPERATIONAL PROCEDURES
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
Practice
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of
Visits
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this
guidance



                                                           -1-
Arrest Teams – Operational Procedures 2009



Changes to this guidance
INDEX

61 General statement        Date of the change   Details of the change
61.1 Definition of          30 April 2010        New guidance product introduced (V1.0)
operational arrest          20 July 2010         Revised guidance with updates to powers (V1.7)
activity                    15 November 2010     New Content: s61.4.6 Maintenance of Batons & Handcuffs
61.2 Eligibility
                            02 December 2010     New Content: s61.10.8 processing cash found on visits
61.3 Training and
                            17 December 2010     Amendment: revised auth. levels for op. debriefs (61.13.3) V4.1
Certification
61.4 Personal Protective    07 January 2011      Revised content: s61.8 pursuit policy (V4.2)
Equipment (PPE)             22 February 2011     Revised Content s61.9.3 briefings (v4.3)
61.5 Powers                 15 March 2011        Revised content s 61.8.1 (V4.4)
61.6 Reasonable force       05 May 2011          Revised content s61.9.3 (v4.5)
61.7 PACE Codes of
Practice
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of
Visits
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance



                                                                     -2-
Arrest Teams – Operational Procedures 2009


Chapter 61 General statement
INDEX

61 General statement       All enforcement visits constitute immigration work of the most sensitive kind.
61.1 Definition of         These instructions, however, deal with operational visits undertaken without
operational arrest
activity
                           initial police assistance.
61.2 Eligibility           Such work places immigration officers into situations which have the potential
61.3 Training and          to be highly sensitive and dangerous, and where external scrutiny is likely to
Certification
                           be intense.
61.4 Personal Protective
Equipment (PPE)            Any action taken must be lawful, reasonable and proportionate. This includes
61.5 Powers                strict adherence to the relevant provisions of the PACE Codes of Practice and
61.6 Reasonable force      these procedures.
61.7 PACE Codes of
Practice                   Failure to do so will render an officer liable to disciplinary action and may also
61.8 Planning an arrest    lead to criminal and/or civil proceedings being taken against the individual
team visit                 and/or the UKBA.
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of
Visits
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance




                                                                  -3-
Arrest Teams – Operational Procedures 2009


61.1 Definition of operational arrest activity
 INDEX
                           61.1 Definition of operational arrest activity
61 General statement
61.1 Definition of
                           Operational arrest activity is defined as, when, in the course of official duty, a
operational arrest
activity                   suitably trained and accredited officer is deployed with the expectation of
61.2 Eligibility           exercising powers of arrest under Schedule 2 or Part III of the Immigration Act
61.3 Training and          1971 (as amended).
Certification
61.4 Personal Protective   In practice, this means the officer may be expected to arrest a suspected
Equipment (PPE)            immigration offender or person liable to detention under schedule 2 and
61.5 Powers
61.6 Reasonable force
                           exercise the associated powers of entry, search and seizure.
61.7 PACE Codes of
Practice                   61.1.1 Situations not classified as operational arrest activity:
61.8 Planning an arrest
team visit                   •   Preparatory, reconnaissance or pastoral visits where an arrest is not
61.9 Conducting                  intended and will not be made.
operational visits           •   Visits where police officers accompany non-arrest trained UKBA officers
61.10 Arrest procedure
61.11 Recording of
                                 in order to make arrests.
Visits                       •   Surveillance.
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance




                                                                  -4-
Arrest Teams – Operational Procedures 2009


61.2 Eligibility
INDEX                      61.2 Eligibility
61 General statement       Only officers who have successfully complete a prescribed arrest training
61.1 Definition of
                           course may undertake arrest activity.
operational arrest
activity
61.2 Eligibility           Only officers who are currently certified at Personal Safety Training (PST)
61.3 Training and          Level 3 may undertake arrest activity.
Certification
61.4 Personal Protective   Arrest-trained officers must undergo periodic refresher training in order to
Equipment (PPE)            maintain their certification. (The time limit for certification will be determined
61.5 Powers                by the Head of Professional Standards for Enforcement).
61.6 Reasonable force
61.7 PACE Codes of
Practice
                           Arrest-trained officers may only carry their retractable baton and handcuffs
61.8 Planning an arrest    when on official duty and carrying out operational arrest activity. All such
team visit                 equipment must be returned immediately to your line manager should you
61.9 Conducting            cease, for any reason, to undertake arrest activity. You may face
operational visits         disciplinary action and prosecution if you continue to carry them
61.10 Arrest procedure     without permission.
61.11 Recording of
Visits
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance




                                                                   -5-
Arrest Teams – Operational Procedures 2009


61.3 Training and Certification
 INDEX                   61.3.1 Training
61 General statement          Officers wishing to undertake arrest-trained activity should apply, via their
61.1 Definition of
                              line manager, to the Professional standards for Enforcement (PSE) inbox.
operational arrest activity
61.2 Eligibility              They will be required to attend and pass a specifically targetted training
61.3 Training and             course involving the following elements:
Certification
61.4 Personal Protective         • A health and fitness (H&F) assessment;
Equipment (PPE)                  • A written exam on arrest powers;
61.5 Powers
61.6 Reasonable force
                                 • Physical training in self-defence, restraint techniques and tactical
61.7 PACE Codes of                 deployment;
Practice                         • Emergency Life Support (ELS).
61.8 Planning an arrest
team visit                    61.3.2 Certification
61.9 Conducting
operational visits            An officer who successfully completes a training course will receive
61.10 Arrest procedure
                              certification to exercise arrest powers. This certification will be valid for a
61.11 Recording of Visits
61.12 Custody procedures      fixed period (currently one year) and will only be extended upon the
61.13 Post-visit              successful completion of a UKBA authorised refresher training course.
procedures
61.14 Complaints              It is an officer’s responsibility to ensure that his/her certification remains valid
                              and any attempt to exercise arrest powers or operate as part of an
Changes to this guidance      arrest team without such valid certification will result in disciplinary
                              action.

                              61.3.3 Temporary extension of certification

                              In exceptional circumstances (such as inability to attend refresher training
                                                                     -6-
Arrest Teams – Operational Procedures 2009


INDEX                         through illness), officers may apply to their Regional Director for a temporary
                              extension of their certification. If granted, this extension should be for the
61 General statement
                              shortest possible time and will not, in any circumstances, exceed 3 months.
61.1 Definition of
operational arrest activity
61.2 Eligibility              Regional Directors may delegate this authority to someone at or above the
61.3 Training and             rank of HMI/SEO.
Certification
61.4 Personal Protective      61.3.4 Removal of certification
Equipment (PPE)
61.5 Powers                   Officers who fail a refresher course are no longer certified to carry out
61.6 Reasonable force         operational arrest activity.
61.7 PACE Codes of
Practice
61.8 Planning an arrest
                              They must cease such arrest work immediately and return all equipment to
team visit                    their line manager for storage. The line-manager retains the right to
61.9 Conducting               determine whether to allow the officer to attend a second refresher training
operational visits            course in order to re-certify.
61.10 Arrest procedure
61.11 Recording of Visits     Certification may also be withdrawn from an officer who is subject to
61.12 Custody procedures      investigation under disciplinary procedures.
61.13 Post-visit
procedures
61.14 Complaints              61.3.5 Method of entry training

Changes to this guidance      Specialist training is available in method of entry techniques which requires
                              separate certification and is subject to the same requirements to recertify
                              through attendance at an authorised refresher training course.




                                                                   -7-
Arrest Teams – Operational Procedures 2009


61.4 Personal Protective Equipment (PPE)
 INDEX                  61.4.1 Wearing of PPE
61 General statement          In line with National Generic Operational Risk assessments (NGRA) and
61.1 Definition of
                              Safe Systems of Work (SSoW) framework, all officers are required to wear
operational arrest activity
61.2 Eligibility              the appropriate PPE and work wear and it is the responsibility of the officer
61.3 Training and             in charge is to ensure that this is the case. If any PPE is reported as faulty,
Certification                 the officer in charge is responsible for ensuring it is replaced prior to the visit
61.4 Personal Protective      commencing.
Equipment (PPE)
61.5 Powers                   If any officer, for whatever reason, does not have appropriate PPE, then the
61.6 Reasonable force
61.7 PACE Codes of
                              officer in charge must ensure that they do not participate in the visit until
Practice                      appropriate remedial action has been taken.
61.8 Planning an arrest
team visit                    Officers must not wear their body armour without all the protective panels
61.9 Conducting               correctly in place, as the covers do not provide any protection, and improper
operational visits            insertion of the protective panels may reduce or eliminate their protection.
61.10 Arrest procedure        Officers are protected only in areas that the protective panels cover, which
61.11 Recording of Visits
61.12 Custody procedures
                              does not include the neck and may not include other areas if the body armour
61.13 Post-visit              is not fitted properly. It is the responsibility of officers, line managers and the
procedures                    officer in charge to ensure body armour fits correctly and is fit for purpose.
61.14 Complaints
                              If officers gain or lose significant weight, they must re-measure to ensure the
Changes to this guidance      armour is still fit for purpose.

                              Officers must not:

                                •   wear body armour that is not officially issued.
                                •   abuse their body armour or wear it for any reason or in any way except

                                                                     -8-
Arrest Teams – Operational Procedures 2009


INDEX                               those for which it was originally purchased and authorised
                                •   alter officially issued body armour in any way
61 General statement
                                •   use their body armour or any part of it with any protective panels, covers,
61.1 Definition of
operational arrest activity         accessories or other equipment that has not been sanctioned by the
61.2 Eligibility                    Head of Professional Standards for Enforcement.
61.3 Training and               •   have their body armour or any part of it serviced or repaired by anyone
Certification                       other than Mehler Vario System.
61.4 Personal Protective
Equipment (PPE)               61.4.2 Discreet and covert deployment
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
                              The majority of UKBA operations will be conducted openly and officers'
Practice                      behaviour and tactics will be easily observed by others. Staff should be
61.8 Planning an arrest       recognisable in their official capacity and project a professional and
team visit                    reassuring message to the public. Body armour bearing UKBA logos and
61.9 Conducting               insignia as well as other PPE will, therefore, be fully visible.
operational visits
61.10 Arrest procedure        In some cases, however, a risk assessment of the proposed operation may
61.11 Recording of Visits
61.12 Custody procedures
                              suggest that risk may be reduced by discreet or covert deployment of PPE. In
61.13 Post-visit              such cases, any decision to conceal identifying insignia and equipment must
procedures                    be authorised at Assistant Director level or above and full details of the
61.14 Complaints              proposed manner of deployment must be clarified in the operational order
                              and at the briefing.
Changes to this guidance
                              Specialist equipment and training for its use are available through the
                              Professional Standards for Enforcement Team.

                              61.4.3 Body armour maintenance

                              Body armour will normally last for 10 years before needing to be replaced.

                                                                    -9-
Arrest Teams – Operational Procedures 2009


INDEX                         Certified measurers must, however, inspect the body armour for wear and
                              tear on a yearly basis to ensure that it is still fit for purpose. If the UKBA
61 General statement
                              measurer decides that there is abnormal wear and tear, you should return
61.1 Definition of
operational arrest activity   the body armour for disposal through the normal channels and order new
61.2 Eligibility              armour. It is important that you maintain your body armour and have it
61.3 Training and             inspected regularly. You must:
Certification
61.4 Personal Protective         1. Follow the care and storage instructions which came with the body
Equipment (PPE)                     armour. If you do not have the instructions, you must contact Mehler
61.5 Powers
                                    Vario System for a copy before using your body armour.
61.6 Reasonable force
61.7 PACE Codes of               2. Ensure you follow the correct care and washing instructions to prolong
Practice                            the life of the body armour and ensure it is kept in optimum condition.
61.8 Planning an arrest
team visit                       3. Have the protective panels and covers inspected, at least once a year
61.9 Conducting                     after the date of purchase, by a certified measurer. The latter must
operational visits                  keep and keep a written record of the following information:
61.10 Arrest procedure
61.11 Recording of Visits
                                    • date of inspection
61.12 Custody procedures
61.13 Post-visit                    • protective panel's serial number
procedures                          • complete description of any wear and/or damage to the protective
61.14 Complaints                      panels and/or covers
                                    • confirmation that all areas around both sides of each protective
Changes to this guidance
                                      panel have been examined to ensure that there is no internal
                                      damage.

                              If certified measurers find any defect, wear or damage to the covers or the
                              protective panels during an inspection or at any other time, the body armour
                              must immediately be taken out of service and you must contact Mehler

                                                                   - 10 -
Arrest Teams – Operational Procedures 2009


INDEX                         Vario for the necessary repair or replacement.
61 General statement          61.4.4 Body armour repair and returns
61.1 Definition of
operational arrest activity
61.2 Eligibility
                              If officers or certified measurers find that any part of the body armour has a
61.3 Training and             defect or damage, they must immediately contact Mehler Vario System. If
Certification                 repair is required, the plates should be detached from the body armour and
61.4 Personal Protective      the officer the body armour belongs to should keep them in a secure place.
Equipment (PPE)
61.5 Powers                   Send the body armour cover to:
61.6 Reasonable force
61.7 PACE Codes of            Heiko Mann
Practice
61.8 Planning an arrest
                              Export Sales Manager Ballistics
team visit                    Mehler Vario System GmbH
61.9 Conducting               Edelzeller Str. 44
operational visits            D – 36043 Fulda
61.10 Arrest procedure        Germany
61.11 Recording of Visits
61.12 Custody procedures      Include a covering letter explaining the nature of the repair required and
61.13 Post-visit
procedures
                              giving a contact name, telephone number and the address to which the body
61.14 Complaints              armour should be returned. The repair will be free providing it is necessary
                              because of natural wear and tear.
Changes to this guidance
                              If Mehler Vario finds that damage was not the result of normal wear and tear,
                              was caused by misuse or abuse, or the warranty period has expired, they will
                              notify you of the cost of repair or replacement before starting work. Delivery
                              of the body armour to Mehler Vario System must be arranged and paid for
                              locally.


                                                                  - 11 -
Arrest Teams – Operational Procedures 2009


INDEX                         61.4.5 Carriage and storage of baton and handcuffs
61 General statement          Section 1 of the Prevention of Crime Act 1953 prohibits the possession in
61.1 Definition of
                              any public place of an offensive weapon without lawful authority or excuse.
operational arrest activity
61.2 Eligibility              The term 'offensive weapon' is defined as: "any article made or adapted for
61.3 Training and             use to causing injury to the person, or intended by the person having it with
Certification                 him for such use". Lawful authority to carry the retractable baton (legally
61.4 Personal Protective      classified as an offensive weapon) has been given by the Home Secretary to
Equipment (PPE)               designated arrest trained officers only. When planning an operation or
61.5 Powers
                              enforcement activity where arrest trained staff are to be deployed, the
61.6 Reasonable force
61.7 PACE Codes of            Officer in charge (OIC) is required to complete a full and detailed risk
Practice                      assessment of the operation to be undertaken. It remains mandatory for all
61.8 Planning an arrest       arrest trained officers to wear their appropriate PPE when engaged in
team visit                    activity where an arrest is planned or anticipated.
61.9 Conducting
operational visits            The following personnel must not in any circumstances carry or use an ASP
61.10 Arrest procedure
61.11 Recording of Visits
                              baton or handcuffs:
61.12 Custody procedures
61.13 Post-visit              ♦ Non-arrest trained officers
procedures                    ♦ Non-arrest trained officers awaiting their arrest training course
61.14 Complaints              ♦ Arrest trained officers whose certificate has expired
                              ♦ Arrest trained officers awaiting re-certification (refresher training) after
Changes to this guidance        expiry of their arrest or Health & Fitness “ticket”
                              ♦ Arrest trained officers who have had their arrest certification suspended
                              ♦ Arrest trained officers who are no longer required to undertake arrest
                                team duties due to a permanent change of role/location/department

                              It is the responsibility of the individual officer to ensure that when not in use,
                              their retractable baton and handcuffs are stored safely and securely within
                                                                   - 12 -
Arrest Teams – Operational Procedures 2009


INDEX                         their place of work. A lockable cupboard or storage facility should be made
                              available locally for this purpose.
61 General statement
61.1 Definition of
                              Best practice is that an arrest officer should not store their baton and
operational arrest activity
61.2 Eligibility              handcuffs at home or outside of their place of work. It is acknowledged
61.3 Training and             however that in exceptional circumstances (such as next-day training course
Certification                 or unsociable-hours operational briefing away from office), it may be
61.4 Personal Protective      necessary for an arrest officer to store their arrest equipment outside of their
Equipment (PPE)               office before undertaking a visit. This must be a temporary measure only
61.5 Powers
                              and the officer must ensure that the equipment is safely and securely stored
61.6 Reasonable force
61.7 PACE Codes of            at all times and is returned to their place of work as soon as is practicable.
Practice                      The justification for this must be recorded by the OIC of the operation or the
61.8 Planning an arrest       officer’s line manager.
team visit
61.9 Conducting               Wherever possible, arrest equipment should not be left unattended outside
operational visits            of the office environment and specific care should be taken when leaving
61.10 Arrest procedure
61.11 Recording of Visits
                              arrest equipment in hotel rooms or vehicles. The loss or theft of any PPE
61.12 Custody procedures      will be subject to local investigation and must be reported to the local Police
61.13 Post-visit              and a crime reference obtained and Professional Standards for Enforcement
procedures                    must be informed via their inbox.
61.14 Complaints

Changes to this guidance
                              .




                                                                   - 13 -
Arrest Teams – Operational Procedures 2009


INDEX                         61.4.6 Handcuff and Baton Maintenance
61 General statement
                              This guidance is issued for all officers issued with Friction Lock Batons and
61.1 Definition of
operational arrest activity   Rigid Cuffs. They are generic for both TCH and ASP manufactured batons,
61.2 Eligibility              TCH and Hiatt handcuffs.
61.3 Training and
Certification                 Rigid Handcuff Maintenance
61.4 Personal Protective
Equipment (PPE)
                              On a regular basis, inspect that the handcuff operates in a smooth manner,
61.5 Powers
61.6 Reasonable force         routinely check the mechanism to make sure there's no lint or other potential
61.7 PACE Codes of            obstructions that may stop the cuff from closing correctly. Check the double
Practice                      locking system is engaging and that the cuff will not tighten once locked. If
61.8 Planning an arrest       the handcuff is used in a environment in which it becomes wet then they
team visit                    should be dried and a light coating of light oil (WD40) or similar should be
61.9 Conducting
                              applied to the floating ratchet bars, rotate the arm to ensure free rotation and
operational visits
61.10 Arrest procedure        wipe off excess lubricant. A small ammount of oil can be applied to the key
61.11 Recording of Visits     hole and double locking hole and any excess wiped off.
61.12 Custody procedures      Handcuffs should not be left wet and on each occasion be dried on return to
61.13 Post-visit              the office before being stored securely. This also applies if the Handcuffs
procedures                    need to be cleaned following use.
61.14 Complaints

Changes to this guidance      Friction Lock Baton Maintenance

                              The baton should be inspected periodically for signs of wear and tear.

                              To clean the baton:

                                 ♦ Unscrew the end cap from the soft rubber grip handle and withdraw

                                                                   - 14 -
Arrest Teams – Operational Procedures 2009


INDEX                             the two telescopic tubes.
                                ♦ Using a cloth wipe off any dirt or residue from the two telescopic tubes,
61 General statement
                                  also remove any dirt from the internal part of the end cap.
61.1 Definition of
operational arrest activity     ♦ Inspect the spring guide cap to assess if it has become worn or
61.2 Eligibility                  damaged and needs replacing.
61.3 Training and               ♦ Cleaning is complete, reassemble the baton and screw the end cap
Certification                     back into the handle and check to see that the baton extends as in
61.4 Personal Protective          normal use.
Equipment (PPE)
61.5 Powers
61.6 Reasonable force         To ensure the baton extends smoothly and effectively, an adjustment may
61.7 PACE Codes of            be required to increase or decrease the retaining spring pressure. To do this
Practice                      unscrew the end cap and complete the following:
61.8 Planning an arrest
team visit                    Unscrew the end cap from the soft rubber grip handle
61.9 Conducting
operational visits
61.10 Arrest procedure          ♦ Increase: insert a flathead screw driver into the spring retaining clip
61.11 Recording of Visits         and spread the sides of the spring, this will stop the baton opening too
61.12 Custody procedures          easily.
61.13 Post-visit                ♦ Decrease: use a set of pliers to squeeze the sides of the spring
procedures                        retaining clip together; this will make the extending easier.
61.14 Complaints

Changes to this guidance      Once complete, replace the end cap by screwing onto the soft handle end
                              until tight



61.5 Powers


                                                                  - 15 -
Arrest Teams – Operational Procedures 2009


INDEX                         61.5.1 Which powers do I use?
61 General statement
                              Your powers differ depending on whether you are investigating a suspected
61.1 Definition of
operational arrest activity   immigration offender or seeking to arrest a known offender for removal.
61.2 Eligibility              Powers are provided under Schedule 2 to the 1971 Act as amended by the
61.3 Training and             1999 Act (extended also to Schedule 3) to allow immigration officers to
Certification                 locate, arrest and detain for removal those in respect of whom there are
61.4 Personal Protective      reasonable grounds for suspecting that removal directions may be given,
Equipment (PPE)
                              pending a decision whether or not to give directions.
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of            Powers provided under Part III of the IA1971 (as amended), the 1999
Practice                      Immigration and Asylum Act, S14 2004 Asylum and Immigration, Treatment
61.8 Planning an arrest       of Claimants Act (power of arrest to be exercised only by a crime and arrest
team visit                    trained officer working as part of an Immigration Crime Team and exercising
61.9 Conducting
                              an immigration function) and UK Borders Act 2007 are designed to allow
operational visits
61.10 Arrest procedure        immigration officers to investigate immigration-related criminal offences. This
61.11 Recording of Visits     will include the arrest of suspected offenders who are not subsequently
61.12 Custody procedures      charged with the offence but who are thereafter dealt with under Schedule 2
61.13 Post-visit              powers.
procedures
61.14 Complaints              61.5.2 Powers requiring arrest-trained certification
Changes to this guidance
                              Arrest Without Warrant - Section 28A:

                              This section provides for arrest without warrant for immigration offences
                              under the following sections of the IA 1971(as amended): A full description
                              of the differing offences under 28A (1), (3), (5) & (9) (A).


                                                                  - 16 -
Arrest Teams – Operational Procedures 2009


INDEX                           • S 24       Entry in breach of a DO, overstaying, failing to observe a
                                             condition of leave etc (except 24 (1) (d)).
61 General statement
61.1 Definition of              • S 24A      Obtaining leave to enter or remain by deception
operational arrest activity     • S 25       Facilitation (assisting unlawful immigration to an EU member state)
61.2 Eligibility                • S 25A      Helping Asylum Seekers enter the UK
61.3 Training and               • S25B        Assisting entry to the UK in breach of a DO or Exclusion
Certification
                                  Order
61.4 Personal Protective
Equipment (PPE)                 • S 26(1)(g)      Obstruction of an IO or other person lawfully acting in the
61.5 Powers                                    execution of the 1971 Act ;
61.6 Reasonable force           • S28AA        Arrest with warrant for offences under 24 (1) (d) IA 1971 and
61.7 PACE Codes of                             S8 IA1996.
Practice
61.8 Planning an arrest
team visit                    Search and Arrest with Warrant - Section 28B:
61.9 Conducting
operational visits            This section provides for the issuing of warrants authorising either a
61.10 Arrest procedure        constable or an immigration officer to enter specified premises to search for
61.11 Recording of Visits     and arrest a person suspected of an offence under section 24(1)(a), (b), (c),
61.12 Custody procedures
                              (d), (e), (f), 24A or section 26A or 26B of the 1971 Act. Offences under
61.13 Post-visit
procedures                    section 2 AI(TOC)2004 and 35 (3) AI (TOC) 2004 are also relevant offences
61.14 Complaints              for the purposes of this section.

Changes to this guidance      Search and Arrest without Warrant - Section 28C:
                              This section empowers an immigration officer to enter and search any
                              premises for the purpose of arresting a person for the offence of facilitation
                              under section 25, 25A and 25B of the 1971 Act. This section is based on
                              section 17 of PACE and applies only to the offence of facilitation. Section 14
                              (3) of the AI (TOC)A 2004 sets out the various provisions of the IA 1971
                              including 28C which have affect for the purpose of making an arrest.
                                                                   - 17 -
Arrest Teams – Operational Procedures 2009


INDEX
                              Section 28D : Entry and Search of Premises for Evidence
61 General statement
                              This section allows immigration officers to apply for and to execute warrants
61.1 Definition of
operational arrest activity   to enter and search specified premises for the purpose of searching for
61.2 Eligibility              evidence of an offence under section 24(1)(a), (b), (c), (d), (e), (f), 24A or
61.3 Training and             section 25, 25A, 25B, 26A & 26B of the 1971 Act. Offences under sections 2
Certification                 and 35 (3) of AI (TOC) A 2004 shall also be treated as relevant offences for
61.4 Personal Protective      the purpose of this section. The section is based on section 8 of PACE and
Equipment (PPE)
                              contains similar safeguards.
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
Practice                      Entry and Search of Premises following Arrest Section 28E:
61.8 Planning an arrest
team visit                    This section allows an immigration officer to search any premises where a
61.9 Conducting
                              person is arrested under Part III of the 1971 Act, including sections 2 and 35
operational visits
61.10 Arrest procedure        (3) of AI (TOC) A 2004, or where an arrested person was immediately
61.11 Recording of Visits     before arrest. This section also apples to arrests made under S14 AI (TOC)
61.12 Custody procedures      A 2004. The section also allows for the seizure of relevant evidence found
61.13 Post-visit              during any search. (This section is based on section 32 of PACE).
procedures
61.14 Complaints
                              Entry and Search of Premises Following Arrest for Facilitation Section
Changes to this guidance
                              28F :

                              This section is linked to section 28C and allows an immigration officer to
                              enter and search any premises occupied or controlled by a person arrested
                              for facilitation under section 25, 25A & 25B of the 1971 Act including
                              sections 2 and 35 (3) of AI (TOC) A 2004. (It is based on section 18 of
                              PACE). This section also apples to arrests made under S14 AI (TOC) A

                                                                  - 18 -
Arrest Teams – Operational Procedures 2009


INDEX                         2004.
61 General statement
                              Searching Arrested Persons - Section 28G:
61.1 Definition of
operational arrest activity
61.2 Eligibility              This allows an immigration officer to search a person he/she has arrested at
61.3 Training and             a place other than a police station for an offence under Part III of the 1971
Certification                 Act and other offences. It further allows him/her to seize evidence relating to
61.4 Personal Protective      the offence and items which may cause harm or assist in escape if you have
Equipment (PPE)
                              reasonable grounds for suspecting that the person has it concealed on their
61.5 Powers
61.6 Reasonable force         person. (The powers are modelled on those held by the police under section
61.7 PACE Codes of            32 of PACE).
Practice
61.8 Planning an arrest
team visit                    Searching Arrested Persons in Police Custody - Section 28H:
61.9 Conducting
operational visits
61.10 Arrest procedure        This allows an immigration officer to search a person in police custody and
61.11 Recording of Visits     who has been arrested for an offence under Part III of the 1971 Act and
61.12 Custody procedures      other offences. It further allows for the seizure of relevant evidence and
61.13 Post-visit              items which may damage property, interfere with evidence, cause harm or
procedures                    assist in escape. (This section is based on section 54 of PACE and is
61.14 Complaints
                              designed to allow immigration officers to search those persons they have
Changes to this guidance      arrested and taken to a police station).


                              Entry and Search of Premises Following Arrest - Paragraph 25A Sch2 :

                              If an immigration officer arrests a person under Schedule 2, or if a person is
                              arrested by a constable and subsequently detained under Schedule 2, then

                                                                  - 19 -
Arrest Teams – Operational Procedures 2009


INDEX                         this section allows an immigration officer to search, seize and retain for no
                              longer than necessary ,for “relevant documents” such as passports tickets
61 General statement
                              and identity cards, but not items subject to legal privilege, at:
61.1 Definition of
operational arrest activity      the premises where the person was arrested;
61.2 Eligibility                 the premises where the arrested person was immediately before arrest;
61.3 Training and                any premises occupied by the arrested person and;
Certification                    any premises controlled by the arrested person.
61.4 Personal Protective
Equipment (PPE)
                              “Relevant documents” can be seized and retained. (This section is a hybrid
61.5 Powers
61.6 Reasonable force         of police powers under sections 18 and 32 of PACE).
61.7 PACE Codes of
Practice                      Where practicably possible, authority for such a search should be sought in
61.8 Planning an arrest       writing, in advance, from an officer of rank not below Chief Immigration
team visit                    Officer (using the book 101). Where this is not possible, the matter must be
61.9 Conducting
                              discussed with a senior officer (CIO or above) and written authority obtained
operational visits
61.10 Arrest procedure        as soon as possible after the conclusion of the visit.
61.11 Recording of Visits
61.12 Custody procedures      Searching Arrested Persons - Paragraph 25B Sch2:
61.13 Post-visit
procedures                    This is a similar power to section 28G above and allows an immigration
61.14 Complaints
                              officer to search a person who has been arrested under Schedule 2. It also
Changes to this guidance      provides for the seizure of “relevant documents” (see above) and items
                              which may cause harm or be used to assist escape. Nothing seized under
                              this paragraph relating to harm or escape can be retained for longer than the
                              offender is in custody or until they are granted bail.

                              Searching Arrested Persons in Police Custody - Paragraph 25C Sch2:


                                                                 - 20 -
Arrest Teams – Operational Procedures 2009


INDEX                         This is a similar power to section 28H above and allows for the searching of
                              persons (under the supervision of the custody officer) who have been
61 General statement
                              arrested under Schedule 2 to the 1971 Act and who are in police custody. It
61.1 Definition of
operational arrest activity   also provides for the seizure of “relevant documents” and items which may
61.2 Eligibility              cause harm or be used to assist escape. Nothing seized under this
61.3 Training and             paragraph relating to harm or escape can be retained for longer than the
Certification                 offender is in custody or until they are granted bail.
61.4 Personal Protective
Equipment (PPE)
                              For a comprehensive list of powers please refer to Chapter 16
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
Practice
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of Visits
61.12 Custody procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance




                                                                 - 21 -
Arrest Teams – Operational Procedures 2009


61.6 Reasonable force

INDEX                         61.6 Reasonable Force
61 General statement
                              In most cases, words alone may be sufficient to achieve an arrest and
61.1 Definition of
operational arrest activity   detention. However there will be circumstances when it is necessary to use
61.2 Eligibility              a degree of force to ensure the safety of yourself, your colleagues, the target
61.3 Training and             of your enquiries or the public. However, in everyday life even the slightest
Certification                 degree of physical contact with another person can amount to an assault.
61.4 Personal Protective      Section 146 of the IAA 1999 provides you with the power to lawfully use
Equipment (PPE)
                              force in the exercise of any power conferred by the IA 1971 or IAA 1999,
61.5 Powers
61.6 Reasonable force         providing that the use of force is both reasonable and necessary.
61.7 PACE Codes of
Practice                      For any use of force to be lawful it must be:
61.8 Planning an arrest
team visit                    Proportionate
61.9 Conducting
operational visits            Any force used must have been the minimum level required to achieve the
61.10 Arrest procedure
61.11 Recording of Visits
                              legitimate objective. This must include consideration of impact factors and
61.12 Custody procedures      the officer must demonstrate that he/she understands the effect of his/her
61.13 Post-visit              actions. Any force used must be via an approved technique as taught during
procedures                    arrest team officer safety training or shown in some other way to be
61.14 Complaints              reasonable.
Changes to this guidance      Lawful

                              Force can only be used to enable an arrest-trained officer to carry out a legal
                              function. The officer must be able to demonstrate that arrests are either:

                                                                  - 22 -
Arrest Teams – Operational Procedures 2009


INDEX                               a. (For criminal arrests), that the officer had reasonable grounds to
                                    suspect the subject of having committed a relevant immigration
61 General statement
                                    offence for which there is a power of arrest.
61.1 Definition of
operational arrest activity
61.2 Eligibility                    b. (For administrative arrests), that the subject is a person for whom
61.3 Training and                   removal directions are in place or that the officer believes or suspects
Certification                       the person is someone for whom removal directions may be given.
61.4 Personal Protective
Equipment (PPE)               Auditable
61.5 Powers
61.6 Reasonable force         Any use of force must be recorded and that record kept for seven years in
61.7 PACE Codes of
Practice
                              case there is a legal challenge or complaint.
61.8 Planning an arrest
team visit                    Necessary
61.9 Conducting
operational visits            The officer must demonstrate that there was no practicable alternative to
61.10 Arrest procedure        using reasonable force.
61.11 Recording of Visits
61.12 Custody procedures      Officers must be aware of the legislative and policy guidance covering
61.13 Post-visit              the use of force.
procedures
61.14 Complaints
                              Any use of force must be reported in line with the use of force monitoring
Changes to this guidance      guidance. The action taken and its justification must be recorded in the visit
                              record book and pocket note books.

                              Any use of force must be reported to the custody officer when booking the
                              subject into police custody.

                              If someone is injured as a result of the use of force, officers should consider

                                                                   - 23 -
Arrest Teams – Operational Procedures 2009


INDEX                         whether suitable medical treatment is needed and act accordingly. On
                              return to the office, they must complete an accident or near miss report on
61 General statement
                              the relevant Health and Safety form
61.1 Definition of
operational arrest activity
61.2 Eligibility              All reported use of force will be subject to scrutiny by the Use of Force
61.3 Training and             Monitoring Panel. This panel, under the chairpersonship of PSE, will meet
Certification                 monthly and quality assess decisions to ensure that lessons learned are fed
61.4 Personal Protective      back to operational managers and the Enforcement Board with a view to
Equipment (PPE)               promoting best practice.
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
Practice
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of Visits
61.12 Custody procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance




                                                                  - 24 -
Arrest Teams – Operational Procedures 2009




61.7 PACE Codes of Practice
 INDEX                61.7 PACE Codes of Practice
61 General statement          Section 67(9) of PACE states:
61.1 Definition of            “Persons other than police officers who are charged with the duty of
operational arrest activity
61.2 Eligibility
                              investigating offences or charging offenders shall in the discharge of that
61.3 Training and             duty have regard to any relevant provision of such a code”
Certification                 When investigating offences and when operating in police stations you are
61.4 Personal Protective
                              obliged to adhere to the Codes and the relevant provisions have been
Equipment (PPE)
61.5 Powers                   incorporated into operational instructions.
61.6 Reasonable force         However, this obligation has not extended to the exercising of powers under
61.7 PACE Codes of            Schedule 2 to the 1971 Act. To ensure that immigration officers are required
Practice
61.8 Planning an arrest
                              to act consistently when exercising both sets of powers, Section 145 of the
team visit                    1999 Act permits the Secretary of State to specify to which powers and
61.9 Conducting               provisions of the PACE Codes immigration officers will have regard.
operational visits
61.10 Arrest procedure
61.11 Recording of Visits     61.7.1 Any person powers
61.12 Custody procedures
61.13 Post-visit              UKBA Officers are not acting in their official capacity when using “any
procedures
61.14 Complaints              person powers” and do not enjoy the same protections and potential
                              defences as when using their statutory powers as a UKBA officer. In
Changes to this guidance      essence, when exercising these powers, an officer's legal position is
                              the same as that of any member of the public.
                              The power of arrest detailed at section 24A of PACE (as amended by
                              section 110 of SOCPA 2005) and commonly known as a “citizen’s arrest”

                                                                  - 25 -
Arrest Teams – Operational Procedures 2009


INDEX                       can be exercised by “any person other than a constable” in relation to the
                            following categories of people: -
61 General statement
                                · anyone in the act of committing an indictable offence;
61.1 Definition of
operational arrest activity     · anyone s/he has reasonable grounds for suspecting to be committing
61.2 Eligibility                   an indictable offence;
61.3 Training and               · anyone who is guilty of an indictable offence or whom s/he has
Certification                      reasonable grounds for suspecting to be guilty of it.
61.4 Personal Protective    However, this power may only be exercised if it appears that it is not
Equipment (PPE)
                            reasonably practicable for a constable to make the arrest instead. Officers
61.5 Powers
61.6 Reasonable force       should always consider whether this is a feasible option prior to exercising
61.7 PACE Codes of          this power and officers who have used this power should contact the local
Practice                    police at the first available opportunity. In addition, this power should not be
61.8 Planning an arrest     exercised unless arrest is necessary to prevent the person in question
team visit                  causing physical injury to himself or another person, suffering physical
61.9 Conducting
                            injury, causing loss of or damage to property or making off before a
operational visits
61.10 Arrest procedure      constable can assume responsibility for him. Officers should always give
61.11 Recording of Visits   consideration to these issues before exercising this power of arrest.
61.12 Custody procedures This power is applicable to officers in England, Wales and Northern Ireland.
61.13 Post-visit            In Scotland similar powers are available under common law and officers
procedures                  there are required to be familiar with restrictions on the use of these powers.
61.14 Complaints
                            Section 3(1) of the Criminal Law Act 1967 (or section 3(1) of the Criminal
Changes to this guidance
                            Law Act (Northern Ireland) 1967) allows reasonable force to be used by
                            anybody in the following circumstances: -
                                · the prevention of crime, or,
                                · in effecting or assisting in the lawful arrest of offenders or suspected
                                   offenders or of persons unlawfully at large, or,
                                · to arrest a suspected offender or persons unlawfully at large.
                            Common law also allows people to use reasonable force in self-defence,

                                                                - 26 -
Arrest Teams – Operational Procedures 2009


INDEX                       defence of another or defence of property. However, when reasonable force
                            is justifiably used in one of the section 3(1) circumstances set out above,
61 General statement
                            that provision replaces the rules on use of reasonable force which are set
61.1 Definition of
operational arrest activity out in common law.
61.2 Eligibility            If proceedings are brought against an officer in relation to their use of force
61.3 Training and           in self-defence or a question arises about whether the degree of force used
Certification               in self-defence was reasonable in the circumstances, Section 76 of the
61.4 Personal Protective    Criminal Justice and Immigration Act 2008 provides that the common law
Equipment (PPE)
                            defence of self-defence or the section 3(1) defences can be used. In
61.5 Powers
61.6 Reasonable force       particular, the following principles are relevant and should be borne in mind
61.7 PACE Codes of          by officers using reasonable force when exercising their any person powers
Practice                    (these also apply in common law to acts in defence of property): -
61.8 Planning an arrest         · the person is entitled to be judged on the facts as s/he believed them
team visit                         to be, even if s/he made an unreasonable mistake;
61.9 Conducting
                                · the person is not entitled to rely on a mistake induced by his/her
operational visits
61.10 Arrest procedure             voluntary intoxication;
61.11 Recording of Visits       · the force used should be proportionate;
61.12 Custody procedures · a person doing only what s/he instinctively and honestly thought was
61.13 Post-visit            necessary is evidence that only reasonable force was used.
procedures
61.14 Complaints

Changes to this guidance




                                                               - 27 -
Arrest Teams – Operational Procedures 2009


61.8 Planning an arrest team visit
 INDEX                  61.8.1 Cases that should not be undertaken without police assistance
61 General statement          The following types of operational visit are not to be carried out without
61.1 Definition of
                              police assistance:
operational arrest activity
61.2 Eligibility
61.3 Training and             1) Where a risk has been identified which makes the visit unsuitable for a
Certification                 visit without police (e.g. a history of extreme violence of criminality).
61.4 Personal Protective
Equipment (PPE)               2) Where the police indicate that a visit would be inappropriate;
61.5 Powers
61.6 Reasonable force         3) High profile/media cases unless authority is given by a Deputy Director.
61.7 PACE Codes of
Practice                      61.8.2 Tasking
61.8 Planning an arrest
team visit
61.9 Conducting               All visits will be tasked by the local, area or regional Tasking and
operational visits            Coordination Group (TCG) who will allocate work according to the priorities
61.10 Arrest procedure        outlined in the current Control Strategy.
61.11 Recording of Visits
61.12 Custody procedures      A record will be kept of all “tasked” work and no operational activity must be
61.13 Post-visit              undertaken unless authorized by the TCG.
procedures
61.14 Complaints              61.8.3 Hot Tasking
Changes to this guidance
                              In certain exceptional circumstances, such as when the justification for a
                              visit is urgent and awaiting authorization from the next scheduled TCG
                              would be inappropriate, authority may be sought from a manager not below
                              the rank of HMI/SEO. That authority, if granted, should be made in writing


                                                                   - 28 -
Arrest Teams – Operational Procedures 2009


INDEX                         and recorded on the case file prior to any visit taking place.
61 General statement          61.8.4 Pre-visit checks
61.1 Definition of
operational arrest activity
61.2 Eligibility
                              Prior to any operational arrest visit being undertaken it is mandatory that all
61.3 Training and             the checks detailed in Chapter 31 of the Enforcement Immigration Guidance,
Certification                 are carried out. This list is not exhaustive but a minimum requirement,
61.4 Personal Protective      additional checks on other information systems such as the CRS VISA
Equipment (PPE)               system may be necessary. Pre visit checks enable the officer preparing the
61.5 Powers                   case to do 3 things:
61.6 Reasonable force
61.7 PACE Codes of
Practice
                              (1) Check information relating to suspected immigration offenders and
61.8 Planning an arrest       persons liable to detention to ascertain that no barriers to removal exist and
team visit                    that the person sought does not have any legal basis of stay that would
61.9 Conducting               prevent removal if encountered and arrested or detained.
operational visits
61.10 Arrest procedure        (2) Identify any warning signals or potential risks that could impact on an
61.11 Recording of Visits     arrest team visit potentially endangering the officers involved, the subject of
61.12 Custody procedures
61.13 Post-visit
                              the visit and any third parties. This information enables the OIC to evaluate
procedures                    the potential risk associated the visit and as part of the risk assessment
61.14 Complaints              process put into place measures to reduce this risk to an acceptable level.

Changes to this guidance      (3) Identify any personal circumstances or special needs the subject may
                              have that may need to be taken into account as part of the risk assessment
                              process such as the existence of a previously unknown EU/EEA partner,
                              children or the fact the subject is on medication. Specific guidance on
                              families is located at Chapter 45 of the EIG.

                              The findings must be recorded on the file minutes and where applicable on

                                                                   - 29 -
Arrest Teams – Operational Procedures 2009


INDEX                         the special conditions screen on CID. They must be brought to the attention
                              of the OIC to allow him/her to accurately risk assess and manage the visit.
61 General statement
61.1 Definition of
                              61.8.5 Authority for the visit.
operational arrest activity
61.2 Eligibility
61.3 Training and             The recording of authorisation for visits based on information known at that
Certification                 time is important as it may subsequently be used to show the legality and
61.4 Personal Protective      proportionality of the visit.
Equipment (PPE)
61.5 Powers                   Please refer to Chapter 31.5 of the Enforcement Immigration Guidance.
61.6 Reasonable force         There are, however, a number of additional requirements.
61.7 PACE Codes of
Practice
61.8 Planning an arrest
                              Where the Visit Enforcement Notification System (VEN) or authorised
team visit                    equivalent system is used to record authorities, the results of checks and all
61.9 Conducting               authorisations must be recorded on this form. This will become part of the
operational visits            visit record and will be retained for 7 years.
61.10 Arrest procedure
61.11 Recording of Visits     Where the VEN system is not used, authority must be recorded on the JIU
61.12 Custody procedures      package. This forms part of the visit record and is required to be retained for
61.13 Post-visit
procedures
                              7 years.
61.14 Complaints
                              Regardless of which system is used there is a requirement to obtain the
Changes to this guidance      following written authorities:

                              (1) Police checks on persons sought and the address to be visited need to
                              be signed and dated as having been conducted to ensure we avoid “blue on
                              blue” incidents (other law enforcement agency / service interest) or collateral
                              intrusion on other agency operations.


                                                                  - 30 -
Arrest Teams – Operational Procedures 2009


INDEX                         (2) Community Impact Assessment or equivalent authorised assessment
                              must be signed and dated as having been conducted and authorised by the
61 General statement
                              CIO.
61.1 Definition of
operational arrest activity
61.2 Eligibility              (3) Immigration checks need to be signed and dated as having been
61.3 Training and             conducted and the minimum authority of an arrest trained CIO as having
Certification                 been granted in writing for the visit to proceed.
61.4 Personal Protective
Equipment (PPE)
61.5 Powers                   61.8.6 Drive- by reconnaissance (Recce)
61.6 Reasonable force
61.7 PACE Codes of
Practice
                              Wherever practical, a health and safety drive-by or walk-past of the
61.8 Planning an arrest       premises to be visited should be conducted and all relevant information that
team visit                    might inform planning and risk assessment of the operation should be
61.9 Conducting               recorded.
operational visits
61.10 Arrest procedure        Authorisation under the Regulation of Investigatory Powers Act 2000 (RIPA)
61.11 Recording of Visits     need NOT be considered if officers are to take photographs of the exterior of
61.12 Custody procedures
61.13 Post-visit
                              a building from the public highway. It is only required if there will be covert
procedures                    surveillance or private information will be obtained. RIPA authorisation is,
61.14 Complaints              therefore, not required for photographs of the exterior layout of any
                              premises, such as the location of external doors, locks and alleyways where
Changes to this guidance      any member of the public could normally see these freely.

                              This would, for example, also apply if a person’s photograph was taken
                              because they opened the front door at the same time the photographer was
                              taking a photograph of it. Legal advice is that a single photograph of a
                              person, taken in a place where they could have little or no reasonable
                              expectation of privacy (such as on the doorstep of their home which can be
                                                                  - 31 -
Arrest Teams – Operational Procedures 2009


INDEX                         seen from the public highway) will not interfere with a person’s right to
                              respect to their private and family life (under Article 8 of the European
61 General statement
                              Convention on Human Rights (ECHR). This is because it does not reveal
61.1 Definition of
operational arrest activity   enough detail of the person’s private life.
61.2 Eligibility
61.3 Training and             Officers conducting recces must be aware of the provisions of RIPA and
Certification                 comply with the provisions of the National Generic Operational Risk
61.4 Personal Protective      Assessments and safe systems of work for this activity.
Equipment (PPE)
61.5 Powers                   61.8.7 Risk assessment
61.6 Reasonable force
61.7 PACE Codes of
Practice
                              A risk assessment will be undertaken prior to any visit as per Chapter 31 of
61.8 Planning an arrest       the Enforcement Immigration Guidance.
team visit
61.9 Conducting               Once the risk assessment has been completed an operational visit must be
operational visits            carried out as soon as is practicable. If a visit has not been carried out within
61.10 Arrest procedure        fourteen days (21 days in London), a new risk assessment must be
61.11 Recording of Visits     undertaken.
61.12 Custody procedures
61.13 Post-visit
procedures
                              61.8.8 Operational orders
61.14 Complaints              Each arrest team operation requires an operational order as part of the
                              planning phase of the operation. Its format is in the IIMARCH format (as
Changes to this guidance      detailed below) and it is the responsibility of the OIC (Bronze commander) to
                              ensure its completion.
                              I = Information. The information section informs officers who the subject or
                              subjects of the visit are. It gives the address where the visit is to take place
                              and the reason for the operational visit, detailing where appropriate the
                              reasons for seeking detention or arrest.

                                                                   - 32 -
Arrest Teams – Operational Procedures 2009


INDEX                         I = Intent. The intent section states what we intend to do if we find the
                              subject or subjects and how we will deal with any other persons found on the
61 General statement
                              premises. It also states the strategy for the operational activity as set by the
61.1 Definition of
operational arrest activity   Gold commander.
61.2 Eligibility              M = Method. The method section details the tactics set by the OIC (Bronze)
61.3 Training and             and Silver commander, specifying roles and responsibilities as well as
Certification
61.4 Personal Protective      detailing the way in which entry, arrest, search and transportation to custody
Equipment (PPE)               will be effected.
61.5 Powers                   A = Administration. The administration section details legislative,
61.6 Reasonable force
61.7 PACE Codes of
                              administrative, procedural and operational factors affecting the operational
Practice                      visit.
61.8 Planning an arrest       R = Risk Assessment. This section highlights potential risks associated
team visit
                              with an operational visit and details what risk management methods are in
61.9 Conducting
operational visits            place. It details actions to be taken if an incident occurs.
61.10 Arrest procedure        C = Communications. This section details how officers will communicate
61.11 Recording of Visits     within a team, and with the police and other agencies that are involved in or
61.12 Custody procedures
61.13 Post-visit
                              may need to be contacted in the course of the operational visit. It also details
procedures                    contingency plans for communications failure or difficulties.
61.14 Complaints              H = Human rights. This section states whether the visit is justified,
                              proportionate and necessary and complies with the Human Rights Act 1998.
Changes to this guidance

                              61.8.9 The Officer in Charge (OIC)
                              In order to comply with the PACE Codes of Practice, there must be an
                              Officer in Charge for every visit. He/she must be an arrest-trained officer of
                              at least Immigration Officer grade.

                                                                   - 33 -
Arrest Teams – Operational Procedures 2009


INDEX                         Code B of the Police and Criminal Evidence Act Codes of Practice places
                              certain obligations on the Officer in Charge in the searching of premises. It is
61 General statement
                              the responsibility of the officer in charge to ensure that these obligations are
61.1 Definition of
operational arrest activity   fulfilled.
61.2 Eligibility              Before undertaking any operational visit the OIC must ensure that:
61.3 Training and
Certification
61.4 Personal Protective
Equipment (PPE)
                                 • the risk assessment procedures outlined have been completed and the
61.5 Powers                        necessary authority has been given;
61.6 Reasonable force            • the risk assessment and authority is still valid;
61.7 PACE Codes of
Practice                         • consideration has been given to obtaining a search warrant;
61.8 Planning an arrest
team visit                       • the information is current and accurate;
61.9 Conducting                  • the local police are aware of all the planned visits;
operational visits
61.10 Arrest procedure           • the officers on the visit are advised of the time of the briefing;
61.11 Recording of Visits
61.12 Custody procedures         • the following equipment available and is in working order:
61.13 Post-visit                    mobile phone / airwave radio
procedures
61.14 Complaints                    personal protective clothing
Changes to this guidance            warrant card
                                    handcuffs
                                    baton
                                    first aid equipment
                                    notebook

                                                                   - 34 -
Arrest Teams – Operational Procedures 2009


INDEX                               notices to occupiers / arrested persons (including translations)
61 General statement                vehicles, with sufficient fuel
61.1 Definition of
operational arrest activity
                                 • the 101 officer has sufficient consent forms, evidence bags and
61.2 Eligibility                   Premises Search Books (PSB);
61.3 Training and                • that a Gold/Silver/Bronze (GSB) structure is in place for the
Certification
61.4 Personal Protective
                                   management of any potential incident; See Chapter 44 of the EIG
Equipment (PPE)                  • that an operational order has been compiled and circulated, in
61.5 Powers                        advance, to everyone in the GSB hierarchy;
61.6 Reasonable force
61.7 PACE Codes of               • roles have been allocated to team members;
Practice
61.8 Planning an arrest          • he/she has fully briefed and equipped the team and anyone else
team visit                         accompanying the team.
61.9 Conducting
operational visits
61.10 Arrest procedure        61.8.10 Other Roles
61.11 Recording of Visits
61.12 Custody procedures      It should be noted that under no circumstances should an immigration officer
61.13 Post-visit              undertake an operational activity visit under these procedures unless
procedures                    accompanied by at least one other arrest trained officer.
61.14 Complaints
                              In practice, the number of officers deployed will depend upon the type and
Changes to this guidance      scale of the activity being carried out and will be determined by the OIC
                              having regard to the risk assessment.
                              The following is a list of some of the roles that may be allocated:

                              Arrest officer: Also known as contact officer, the arrest officer is
                              responsible for dealing with people encountered on the premises,
                              establishing their identity and immigration status and where appropriate
                                                                     - 35 -
Arrest Teams – Operational Procedures 2009


INDEX                         conducting arrests and subsequent actions such as searches.
61 General statement          Cover officer: This officer is responsible for providing appropriate support to
61.1 Definition of
                              the arrest or contact officer to ensure officer safety. He/she should not,
operational arrest activity
61.2 Eligibility              therefore, make an arrest or engage in a search of the premises.
61.3 Training and
Certification                 Book 101 officer or scribe: This officer is responsible for opening and
61.4 Personal Protective      completing the premises search book including logging and exhibiting any
Equipment (PPE)               evidence seized.
61.5 Powers
61.6 Reasonable force         Search officer: The search officer is responsible for conducting a search of
61.7 PACE Codes of
Practice
                              premises for relevant documents and bringing any items found to the Book
61.8 Planning an arrest       101 officer for logging. This is to provide an audit trail for evidence and in
team visit                    line with PACE Codes of Practice.
61.9 Conducting
operational visits            Rear Cover officer: In many instances, it will be advisable for the OIC to
61.10 Arrest procedure        appoint a Rear Cover officer in order to deter occupants of the premises
61.11 Recording of Visits     from attempting to exit the premises through rear doors or windows. UKBA
61.12 Custody procedures
61.13 Post-visit
                              pursuit policy is covered in Chapter 31.14 of the EIG and consideration
procedures                    should be given by the OIC to minimising the risk of personal harm to self
61.14 Complaints              and the public that may be caused by a person attempting such action.

Changes to this guidance



                              61.8.11 Police support

                              If risk assessment or operational requirements show the need for a police

                                                                  - 36 -
Arrest Teams – Operational Procedures 2009


INDEX                         presence on an arrest team operation, the OIC in charge will allocate
                              specific roles to the police officers and must ensure that they too receive the
61 General statement
                              operational briefing.
61.1 Definition of
operational arrest activity
61.2 Eligibility              The OIC must ensure that all officers present are aware of any legal
61.3 Training and             limitations or restrictions affecting police officers on immigration enforcement
Certification                 visits. This ensures actions are always justified.
61.4 Personal Protective
Equipment (PPE)               Where appropriate the police may take charge to manage or control any
61.5 Powers                   incident they believe poses a threat to life or property or to detect or prevent
61.6 Reasonable force
61.7 PACE Codes of
                              a (non-immigration) criminal offence. Once this is resolved, they return
Practice                      control to the OIC.
61.8 Planning an arrest
team visit                    61.8.12 Observers and interpreters
61.9 Conducting
operational visits            If observers are to be present during arrest team operations, the OIC must
61.10 Arrest procedure        use generic risk assessments and safe systems of work to put in place
61.11 Recording of Visits     suitable risk management methods to ensure the safety of the observers.
61.12 Custody procedures
61.13 Post-visit
procedures
                              The observer or interpreter must be assigned a dedicated cover officer and
61.14 Complaints              attend the operational briefing so that h/she is aware of the risk
                              management procedures for the visit.
Changes to this guidance
                              Observers and interpreters will only be allowed to enter premises once the
                              OIC believes it is safe for them to do so.

                              It is mandatory for observers and interpreters to wear PPE in line with the
                              risk-assessed control measures for the operation.


                                                                   - 37 -
Arrest Teams – Operational Procedures 2009


INDEX                         61.8.13 Obtaining warrants
61 General statement          Please refer to the procedures for obtaining warrants detailed in Chapter 34
61.1 Definition of            of this Enforcement Immigration Guidance.
operational arrest activity
61.2 Eligibility
61.3 Training and             61.8.14 Vehicles
Certification
61.4 Personal Protective      The officer in charge is responsible for ensuring that sufficient and
Equipment (PPE)
                              appropriate vehicles are available to undertake the visit and that qualified
61.5 Powers
61.6 Reasonable force         drivers have been assigned to drive them. For example, drivers of cellular
61.7 PACE Codes of            vehicles (vehicles with holding cells) must hold a driving licence bearing the
Practice                      D1 qualification.
61.8 Planning an arrest
team visit                    The officer in charge is responsible for ensuring that drivers are aware of
61.9 Conducting               and comply with the relevant risk assessments and safe systems of work for
operational visits
                              driving official vehicles.
61.10 Arrest procedure
61.11 Recording of Visits
61.12 Custody procedures      Vehicles should be parked only where it is legal to do so and every effort
61.13 Post-visit              should be made to allow officers and detainees to leave the area swiftly
procedures                    upon completion of the visit.
61.14 Complaints
                              There are no generic risk assessments for transporting detainees in vehicles
Changes to this guidance      other than cell vans. You should complete a local risk assessment,
                              therefore, if cell vans aren't used. This should take into account any health
                              and safety issues such as removable headrests or safety of the driver and
                              ensure there are enough officers to guard the prisoners during
                              transportation. They must, however, be people carriers, vans or mini-buses
                              with forward-facing seats with seatbelts to comply with Crown Indemnity

                                                                  - 38 -
Arrest Teams – Operational Procedures 2009


INDEX                         regulations.
61 General statement          Cars can be used only to transport UKBA staff and police officers (attached
61.1 Definition of
                              to the team or operation) and official interpreters/observers.
operational arrest activity
61.2 Eligibility
61.3 Training and             Hired vehicles may be used to transport detainees as long as they are of an
Certification                 approved type and have Crown Indemnity cover.
61.4 Personal Protective
Equipment (PPE)               When obtaining quotes, explain that the vehicle will be covered under Crown
61.5 Powers                   Indemnity and ask if they accept this insurance. Not all hire companies do. If
61.6 Reasonable force         a hire vehicle is to be covered under Crown Indemnity then you mustn't take
61.7 PACE Codes of
Practice
                              out separate hire insurance.
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of Visits
61.12 Custody procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this guidance




                                                                  - 39 -
Arrest Teams – Operational Procedures 2010

61.9 Conducting operational visits

INDEX                      61.9.1 Professional standards
61 General statement
                           How you conduct operational visits is of critical importance. You must maintain
61.1 Definition of
operational arrest         the highest standards of professional behaviour in order to:
activity
61.2 Eligibility             ensure that evidence is properly stored and recorded;
61.3 Training and            protect yourself and colleagues from unsubstantiated allegations;
Certification                minimise conflict and the risk of injury to yourself, your colleagues and the
61.4 Personal Protective
                             public;
Equipment (PPE)
61.5 Powers                  uphold and promote the reputation of UKBA.
61.6 Reasonable force
61.7 PACE Codes of
Practice                   61.9.2 Appropriate team size
61.8 Planning an arrest
team visit
                           Under no circumstances should you undertake an operational visit under these
61.9 Conducting
operational visits         procedures unaccompanied. You must be accompanied by at least one
61.10 Arrest procedure     certified arrest-trained officer.
61.11 Recording of
Visits                     The size of the team deployed will depend entirely on the circumstances and
61.12 Custody              the risk assessment carried out in advance. For example: whilst it may be
procedures
                           appropriate for two officers to arrest someone on Home Office premises, (say
61.13 Post-visit
procedures                 in a Reporting Centre), this number would probably be inadequate in residential
61.14 Complaints           or commercial premises. It is the responsibility, therefore, of the OIC/bronze
                           commander to ensure that the size of the team deployed is commensurate to
Changes to this            the risk.
guidance
                           This does not mean, however, that every eventuality can be taken into account

                                                                - 40 -
Arrest Teams – Operational Procedures 2009


INDEX                      but rather that Operational Orders should be tailored sensibly to the resource
                           available.
61 General statement
61.1 Definition of
operational arrest         OICs should bear in mind, therefore, the access to detention space, the
activity                   number of vehicles required and the provisions of Chapter 31.14 of the
61.2 Eligibility           Enforcement Immigration Guidance.
61.3 Training and
Certification
61.4 Personal Protective
                           61.9.3 Briefings
Equipment (PPE)
61.5 Powers
61.6 Reasonable force      Before starting the visit, the officer in charge must deliver a briefing to all
61.7 PACE Codes of         participating officers and observers. This briefing should follow the IIMARCH
Practice                   model (detailed in 61.8.8 above) and a copy of the operational order or briefing
61.8 Planning an arrest    notes must form part of the visit record pack and be kept for seven years.
team visit
61.9 Conducting            At the end of the briefing the officer in charge must allow time to answer any
operational visits
61.10 Arrest procedure
                           questions and satisfy him/herself that all officers know their roles and
61.11 Recording of         responsibilities and are aware of the risk assessment for the visit. On larger
Visits                     operations, there may be a number of subordinate officers in charge, for
61.12 Custody              example where there are multiple target addresses. The officer in charge
procedures                 (normally Bronze Command) retains responsibility for all the operational orders
61.13 Post-visit           and briefing notes and their storage. The briefing documents, operational
procedures
61.14 Complaints
                           orders, VEN’s and Intel Packs carry a protective marking of restricted. Once a
                           briefing has been held the documents should be left in UKBA / Police premises
Changes to this            or secured in a locked UKBA official vehicle, if multiple dynamic briefings are
guidance                   planned to be held after each subsequent visit. The documents must not under
                           any circumstances be taken into the premises visited as it can compromise the
                           intelligence and source.

                                                                - 41 -
Arrest Teams – Operational Procedures 2009


INDEX                      Briefings can be conducted either in the office before the visit takes place or at
                           a secure location along the way which includes UKBA official vehicles. After the
61 General statement
                           first visit, the officer in charge will designate a suitable briefing area before each
61.1 Definition of
operational arrest         subsequent visit. Care must be taken to ensure that the briefing is not
activity                   overheard by third parties.
61.2 Eligibility
61.3 Training and
Certification              61.9.4 Airwave radios
61.4 Personal Protective
Equipment (PPE)            All officers must comply with the airwave policy and procedures set out in the
61.5 Powers                airwave manual available from regional and local airwave custodians. The
61.6 Reasonable force
61.7 PACE Codes of
                           officer in charge must ensure that enough terminals are used to ensure
Practice                   communications remain effective throughout the visit.
61.8 Planning an arrest
team visit                 61.9.5 Monitoring during visits
61.9 Conducting
operational visits         Your whereabouts need to be known at key intervals during a series of
61.10 Arrest procedure     operational visits. As part of your pre-visit preparation you will have already
61.11 Recording of
Visits
                           notified both the police and a senior officer (silver commander) of your
61.12 Custody              proposed whereabouts.
procedures
61.13 Post-visit           At the completion of each visit and before you undertake another visit
procedures                 you should:
61.14 Complaints

Changes to this               • inform the Arrest Team CIO; or
guidance                      • the Duty CIO at your parent office if the Arrest Team CIO is either
                                accompanying or unavailable; and


                                                                   - 42 -
Arrest Teams – Operational Procedures 2009


                             • inform the local police.
                         When you do so, you should indicate whether you are:
                             • continuing with a case at a police station or detention centre;
                             • returning to your parent office;
                             • going off duty.




                                                                  - 43 -
Arrest Teams – Operational Procedures 2009



INDEX                      61.9.6 Entry by informed consent
61 General statement       The legal definition of informed consent is: 'Informed consent is a person’s
61.1 Definition of
                           agreement to allow something to happen after the person has been informed of
operational arrest
activity                   all the risks involved and the alternatives.'
61.2 Eligibility
61.3 Training and          The following paragraphs are adapted from Code B of the PACE codes of
Certification              practice.
61.4 Personal Protective
Equipment (PPE)            a)   Subject to paragraph d), if officers propose to search premises with the
61.5 Powers                     consent of a person entitled to grant entry they must obtain consent, if
61.6 Reasonable force
61.7 PACE Codes of
                                practicable, in writing on the Notice of Powers and Rights before the
Practice                        search. The officer must make any necessary enquiries to be sure the
61.8 Planning an arrest         person is able to give this consent. In a lodging house or similar
team visit                      accommodation, officers should make every reasonable effort to obtain the
61.9 Conducting                 consent of the tenant, lodger or occupier. Officers should not conduct a
operational visits              search solely based on the owner’s consent unless the tenant, lodger or
61.10 Arrest procedure
61.11 Recording of
                                occupier is unavailable and the matter is urgent.
Visits
61.12 Custody              b)   Before seeking consent, the officer in charge of the search must state the
procedures                      purpose of the proposed search and its extent. This information must be as
61.13 Post-visit                specific as possible, particularly about the articles or persons sought and
procedures                      the parts of the premises officers need to search. Officers must clearly
61.14 Complaints
                                inform the person concerned that they are not obliged to consent and that
Changes to this                 anything seized may be produced in evidence. If at the time the officers do
guidance                        not suspect the person of an offence, they must say this when stating the
                                purpose of the search.

                                                                - 44 -
Arrest Teams – Operational Procedures 2009


INDEX
                           c)       Officers cannot enter and search or continue to search premises under
61 General statement                paragraph a) if consent is given under duress or withdrawn before the
61.1 Definition of
                                    search is completed.
operational arrest
activity
61.2 Eligibility           d)       It is unnecessary to seek consent under paragraphs a) and b) if this would
61.3 Training and                   cause disproportionate inconvenience to the person concerned. This is
Certification                       intended to apply when it is reasonable to assume that innocent occupiers
61.4 Personal Protective            would agree to, and expect, officers to take the proposed action, for
Equipment (PPE)                     example if
61.5 Powers
61.6 Reasonable force
                                •   A suspect has fled the scene to evade arrest and it is necessary quickly to
61.7 PACE Codes of
Practice                            check surrounding gardens and readily accessible places to see if the
61.8 Planning an arrest             suspect is hiding.
team visit                      •   Officers arrest a suspect who had initially fled and it is necessary to make
61.9 Conducting                     a brief check of gardens along the pursuit route to see if incriminating
operational visits                  items have been thrown away.
61.10 Arrest procedure
61.11 Recording of
Visits
                           Please not that if you intend to seize property as evidence for
61.12 Custody              prosecution, you are advised to obtain a warrant for the purpose prior to
procedures                 the search.
61.13 Post-visit
procedures                 61.9.7 Information to the occupier
61.14 Complaints
                           The information provided to the occupier must be in line with both section 28K
Changes to this            of the IA 1971 (as amended) and the PACE Codes of Practice. It is contained
guidance
                           at page 3 of the Book 101. Once completed, it should be signed by the person
                           granting consent who will be given the second of two carbon copies.


                                                                     - 45 -
Arrest Teams – Operational Procedures 2009


INDEX                      61.9.8 Entry with a warrant
61 General statement       Please refer to the procedures for executing warrants detailed in Chapter 34 of
61.1 Definition of
                           this Enforcement Immigration Guidance.
operational arrest
activity
61.2 Eligibility           61.9.9 Forced entry
61.3 Training and
Certification              On occasion, it will be necessary to enter premises without the consent of the
61.4 Personal Protective   occupier. This should only be done on the authority of a CIO and by suitably
Equipment (PPE)            trained and certified (MoE) officers.
61.5 Powers
61.6 Reasonable force      The premises must be secured before the team leaves.
61.7 PACE Codes of
Practice
61.8 Planning an arrest
                           61.9.10 Reactive enforcement visits (Hot Pursuit)
team visit
61.9 Conducting            Where a targetted offender is not located at the address or premises visited,
operational visits         credible intelligence on his/her whereabouts may nevertheless be gathered.
61.10 Arrest procedure
61.11 Recording of         If it is considered imperative that this person be located as soon as possible
Visits                     (e.g. if there is reason to believe that he/she will be informed that the new
61.12 Custody
procedures                 whereabouts are known to UKBA), a CIO may authorise an immediate follow-
61.13 Post-visit           on visit. Checks against Home Office and police record systems must be made
procedures                 before entering the second address.
61.14 Complaints

Changes to this
guidance




                                                                - 46 -
Arrest Teams – Operational Procedures 2009



61.10 Arrest procedure
 INDEX                61.10.1 Conducting an arrest
61 General statement       To conduct an arrest, it may be necessary to question the suspected offender
61.1 Definition of
                           to establish identity, nationality and legal basis of stay in the United Kingdom.
operational arrest
activity                   This questioning need not be carried out under caution (but see 61.10.2
61.2 Eligibility           below) but officers should avoid excessive questioning and stop questioning
61.3 Training and          once they have established either suspicion of an offence or that the person is
Certification              of no further interest. Having established that there are reasonable grounds to
61.4 Personal Protective   suspect a person of having committed an immigration offence for which there is
Equipment (PPE)
                           a relevant power of arrest, or of being a person liable to detention, the officer
61.5 Powers
61.6 Reasonable force      may then arrest that person.
61.7 PACE Codes of
Practice                   The decision to make an arrest resides with the arresting officer and they are
61.8 Planning an arrest    required to show that they had reasonable grounds to make the arrest and had
team visit                 considered any mitigating factors.
61.9 Conducting
operational visits         This does not mean, however, that the arresting officer has to be the
61.10 Arrest procedure
61.11 Recording of
                           person restraining or escorting the arrested person.
Visits
61.12 Custody              For an arrest to be lawful, the subject must be informed that they are under
procedures                 arrest and for what offence. The subject must also be cautioned as follows:
61.13 Post-visit
procedures                 “You do not have to say anything but it may harm your defence if you do not
61.14 Complaints
                           mention, when questioned, something which you later rely on in court. Anything
Changes to this
guidance
                           you do say may be given in evidence”


                                                                - 47 -
Arrest Teams – Operational Procedures 2009


INDEX                      61.10.2 Caution + 2 Interviews
61 General statement       Chapter 37.2.1 refers
61.1 Definition of
operational arrest
activity
                           If the circumstances require you to administer a caution but the person is not
61.2 Eligibility           under arrest, the caution must take the following form:
61.3 Training and
Certification              “You do not have to say anything but it may harm your defence if you do not
61.4 Personal Protective   mention, when questioned, something which you later rely on in court. Anything
Equipment (PPE)            you do say may be given in evidence. You are not under arrest and you are
61.5 Powers                free to leave at any time. ”
61.6 Reasonable force
61.7 PACE Codes of
Practice
                           A “caution + 2” interview is only appropriate in straightforward immigration
61.8 Planning an arrest    cases where the sole intention is to administratively remove and must not be
team visit                 used when investigating a criminal offence.
61.9 Conducting
operational visits         A comprehensive account of any/all mitigating circumstances must also be
61.10 Arrest procedure     obtained.
61.11 Recording of
Visits                     61.10.3 Arrest after arrest
61.12 Custody
procedures
61.13 Post-visit           If you have arrested a person for one offence and you subsequently discover
procedures                 that he has committed another offence you must arrest him for the other
61.14 Complaints           offence as well.
Changes to this
guidance                   61.10.4 De-arresting at the scene

                           Occasionally, you may arrest someone but subsequently discover that there

                                                                - 48 -
Arrest Teams – Operational Procedures 2009


INDEX                      are no longer grounds for the arrest. In these circumstances, you must de-
                           arrest the subject and inform him/her that he/she is no longer under arrest or
61 General statement
                           subject to the caution and is free to leave at any time. The reasons for de-arrest
61.1 Definition of
operational arrest         must be recorded in your pocket note book (PNB) or visit record book (VRB) as
activity                   well as by the premises search book 101 (PSB101) officer.
61.2 Eligibility
61.3 Training and          An example of when this may be necessary is when the subject gives no
Certification              comment to any questions about his/her status in the UK, is arrested on
61.4 Personal Protective   suspicion of entry without leave but a subsequent search reveals
Equipment (PPE)
                           documentation that shows he/she has an outstanding application and is
61.5 Powers
61.6 Reasonable force      reporting regularly to a reporting centre.
61.7 PACE Codes of
Practice                   61.10.5 Dealing with other occupants and third parties
61.8 Planning an arrest
team visit                 When officers' enquiries show that occupants of premises are of no legitimate
61.9 Conducting            interest, the officer in charge should take care that these persons do not affect
operational visits         the overall safety of the visit, obstruct officers in their duty or interact with
61.10 Arrest procedure
61.11 Recording of
                           suspected offenders (except as per 61.10.6 below).
Visits
61.12 Custody              Where third parties request information, the officer in charge needs to ensure
procedures                 that any information provided is factual but does not affect the confidentiality of
61.13 Post-visit           the subject. Officers should say why the visit or arrest is taking place but avoid
procedures                 getting into a discussion or argument about the facts or merits of the case.
61.14 Complaints           Where the officer in charge believes that a complaint may arise or third parties
Changes to this
                           say they wish to complain, the officer in charge should provide details of where
guidance                   and how to do this.




                                                                  - 49 -
Arrest Teams – Operational Procedures 2009


INDEX                      61.10.6 Searching arrested persons
61 General statement       Searching persons in public is a sensitive issue and one made more so when
61.1 Definition of
                           cultural and religious considerations are involved. In conducting any search you
operational arrest
activity                   must adhere to the following:
61.2 Eligibility
61.3 Training and            • Identify yourself to the person to be searched (this should have been
Certification                  done at the point of arrest).
61.4 Personal Protective
Equipment (PPE)              • Communicate with the person to be searched. A brief conversation or
61.5 Powers                    exchange may avoid an unsuccessful search. Explaining the grounds for
61.6 Reasonable force          the search helps gain cooperation and may reduce tension.
61.7 PACE Codes of
Practice                     • Seek the cooperation of the person to be searched in every case, even if
61.8 Planning an arrest        he/she initially objects to the search. A forcible search may only be made
team visit                     if it has been established that the person is unwilling to co-operate or
61.9 Conducting                resists.
operational visits
61.10 Arrest procedure       • Reduce to the minimum the embarrassment that a person being
61.11 Recording of             searched may experience and complete the search as soon as possible.
Visits
61.12 Custody                • Treat every person courteously and considerately.
procedures
61.13 Post-visit             • If the person to be searched does not appear to understand what is being
procedures                     said, or there if is any doubt about his/her ability to understand English,
61.14 Complaints               you should take all reasonable steps to explain the reason for the search.
                               It may be that a third party may be able to interpret or otherwise help him
Changes to this                to explain the position. Other options will be to use a telephonic
guidance                       interpreter or translated notices.
                             • DO NOT USE CHILDREN AS INTERPRETERS.

                                                                - 50 -
Arrest Teams – Operational Procedures 2009


INDEX                         • Restrict any search carried out in a public place to a superficial
                                examination of outer clothing. Do not ask a person to remove any clothing
61 General statement
61.1 Definition of
                                in public other than an outer coat, jacket or glove. Where it is considered
operational arrest              necessary to conduct a more thorough search this must be done out of
activity                        public view or at a police station or immigration detention centre.
61.2 Eligibility
61.3 Training and
                              • Regardless of the power exercised, you should be careful to ensure that
Certification                   the treatment of those questioned and searched is based upon objective
61.4 Personal Protective        factors and not upon personal prejudice. Where there are religious or
Equipment (PPE)                 other diversity sensitivities about asking someone to remove an item of
61.5 Powers                     clothing the officer should permit the item to be removed out of public
61.6 Reasonable force           view or at a police station or immigration detention centre. Where
61.7 PACE Codes of
Practice
                                practicable, the item should be removed in the presence of an officer of
61.8 Planning an arrest         the same sex as the person and out of sight of anyone of the opposite
team visit                      sex.
61.9 Conducting
operational visits         61.10.7 Complaints of illness
61.10 Arrest procedure
61.11 Recording of         If a detainee says they are ill, officers should assess whether they require
Visits
61.12 Custody              immediate medical attention or whether this can be best provided at the police
procedures                 station or UKBA removal centre.
61.13 Post-visit
procedures                 If immediate attention is required, then an ambulance should be called or the
61.14 Complaints           person should be taken to hospital in an official vehicle. Officers should
                           accompany the subject to the hospital if the situation makes it necessary. They
Changes to this            should inform the police control room as soon as practicable. The details of
guidance
                           local hospitals should have be included in the operational order and briefing
                           (see 61.6.7 above). If the arrested person does not require immediate medical
                           attention, the custody officer must be informed upon arrival at the police station

                                                                 - 51 -
Arrest Teams – Operational Procedures 2009


INDEX                      or UKBA removal centre.
61 General statement       61.10.8 Personal possessions
61.1 Definition of
operational arrest
activity
                           If practicable, arrested persons should be allowed to pack their possessions or
61.2 Eligibility           have a bag packed on their behalf. Where this is not practicable, the subject
61.3 Training and          should be given an opportunity to have a friend or family member do this for
Certification              them.
61.4 Personal Protective
Equipment (PPE)            Cash
61.5 Powers
61.6 Reasonable force      Cash amounts of £1000 or over which is suspected of being obtained through
61.7 PACE Codes of
Practice
                           unlawful conduct i.e. illegal working in the UK, must be referred to UKBA crime
61.8 Planning an arrest    team for investigation under the Proceeds of Crime Act 2002 (POCA). Arrest
team visit                 team officers are not permitted to seize cash under POCA. If the Crime team
61.9 Conducting            are unable to seize the cash, the Officer should consider calling the local police
operational visits         to seize the cash under POCA. If this is not possible then the offender should
61.10 Arrest procedure     be allowed to keep the cash in his personal possessions and the guidance
61.11 Recording of
Visits
                           below must be followed. (See link aside to the Criminal Investigation Manual on
61.12 Custody              Horizon).
procedures
61.13 Post-visit           If the officer thinks that there is evidence that the offender has committed a
procedures                 criminal offence, the crime team must be contacted. If they agree to take on the
61.14 Complaints           criminal investigation, they may ask the Officer to seize any cash discovered as
                           evidence of a criminal offence. Cash requires particular care in handling due to
Changes to this
guidance
                           its intrinsic value. Officers must adhere to the following guidelines when
                           handling cash seized as evidence:

                           • Officers must wear gloves when handling cash.
                                                                 - 52 -
Arrest Teams – Operational Procedures 2009


INDEX                    • Following the discovery of cash on the suspected offender or at the
                           premises there must be two officers present throughout the seizure of the
61 General statement
61.1 Definition of
                           cash. One officer will act as a witness.
operational arrest       • Where possible, the cash should be photographed where it is found.
activity                 • Cash must be sealed, uncounted, in an exhibit bag and then sealed into a
61.2 Eligibility           second exhibit bag. This action must be carried out in the presence of the
61.3 Training and          person from whom the cash has been seized and the witnessing officer. An
Certification
61.4 Personal Protective
                           entry to confirm this must be made in the officer’s notebook and signed by
Equipment (PPE)            the subject and the witnessing officer as well as detailed in the Premises
61.5 Powers                Search Book. Circumstances may dictate that it is not practical for the
61.6 Reasonable force      person from whom the cash has been seized to be present. In this scenario
61.7 PACE Codes of         the witnessing officer will be present to corroborate events in the seizing
Practice                   officer’s notebook and in the Premises Search Book.
61.8 Planning an arrest
team visit               • Officers must ask the person found in possession of the cash to estimate or
61.9 Conducting            state the exact amount, and any figure provided must be recorded on the
operational visits         exhibit label and in the Premises Search Book as stated by the arrested
61.10 Arrest procedure     person. If an amount is not provided the officer should estimate the amount
61.11 Recording of         and record it on the exhibit label and the Premises Search Book as an
Visits                     estimated amount.
61.12 Custody
procedures               • All questions and answers surrounding the discovery of the cash as
61.13 Post-visit           evidence must be detailed and witnessed in the seizing officer’s notebook
procedures                 and noted in the Premises Search Book.
61.14 Complaints         • The arrested person and the cash must be transported to the relevant police
                           custody suite or UKBA removal centre. The cash must be counted in the
Changes to this
guidance
                           presence of the custody sergeant and the arrested person; it should also be
                           noted on the custody record.
                         • Responsibility for safeguarding cash seized as evidence passes to the
                           custody officer at the police station or UKBA DCO within the removal centre
                                                           - 53 -
Arrest Teams – Operational Procedures 2009


INDEX                        when detention of the prisoner is authorised. A UKBA investigator may
                             obtain possession of the seized cash for use as evidence in the same
61 General statement
                             manner as all other evidence, that is, by signing for it in the 105 Police
61.1 Definition of
operational arrest           Property Log and transporting the evidence to secure UKBA property
activity                     storage.
61.2 Eligibility
61.3 Training and          Cash not seized under POCA nor seized as evidence of a criminal offence; will
Certification              be taken with the offender within their personal possessions pending removal
61.4 Personal Protective   from the UK. Officers must ensure that if the offender wishes to take the cash in
Equipment (PPE)
                           their personal possessions it is stored and transported appropriately to avoid
61.5 Powers
61.6 Reasonable force      allegations made later.
61.7 PACE Codes of
Practice                   • Officers must wear gloves when handling cash.
61.8 Planning an arrest    • When the offender wishes to take their cash from a premises there must be
team visit
                             two officers present throughout the bagging of the cash. One officer will act
61.9 Conducting
operational visits           as a witness.
61.10 Arrest procedure     • Where possible, the cash should be photographed where it is found.
61.11 Recording of         • Cash must be sealed, uncounted, in an exhibit bag and then sealed into a
Visits                       second exhibit bag. This action must be carried out in the presence of the
61.12 Custody                offender who wishes to take their cash and the witnessing officer. An entry
procedures
61.13 Post-visit             to confirm this must be made in the officer’s notebook and signed by the
procedures                   subject and the witnessing officer as well as detailed in the Premises Search
61.14 Complaints             Book. Circumstances may dictate that the offender who wishes to take their
                             cash may not be present. In this scenario the witnessing officer will be
Changes to this              present to corroborate events in the officer’s notebook and in the Premises
guidance                     Search Book.
                           • Officers must ask the person found in possession of the cash to estimate or
                             state the exact amount, and any figure provided must be recorded on the

                                                                - 54 -
Arrest Teams – Operational Procedures 2009


INDEX                        exhibit label and in the Premises Search Book as stated by the arrested
                             person. If an amount is not provided the officer should estimate the amount
61 General statement
                             and record it on the exhibit label and the Premises Search Book as an
61.1 Definition of
operational arrest           estimated amount.
activity                   • Responsibility for safeguarding cash taken as a personal possession passes
61.2 Eligibility             to the custody officer at the police station or UKBA DCO within the removal
61.3 Training and            centre when detention of the prisoner is authorised.
Certification
61.4 Personal Protective
Equipment (PPE)
                           Where no cash is discovered, seized or taken by the offender as part of their
61.5 Powers                personal possessions, the Premises Search Book or the Officers notebook,
61.6 Reasonable force      should record that fact and the offender given the opportunity to sign the entry
61.7 PACE Codes of         to confirm that fact.
Practice
61.8 Planning an arrest    Unattended Cash
team visit
61.9 Conducting
operational visits         In the event that an IO locates unattended cash on a house search which
61.10 Arrest procedure     cannot be linked to an owner (or the persons present in the property claim that
61.11 Recording of         the cash is not their property) a cash seizure and crime trained UKBA officer or
Visits                     a constable may seize the cash under S294 POCA if the amount appears to be
61.12 Custody              £1000 or more and there are reasonable grounds to suspect that the cash is
procedures
61.13 Post-visit
                           recoverable property as defined in S24 of the UK Borders Act 2007.
procedures
61.14 Complaints           Prescription Medicines

Changes to this            The arrested person should also be asked if they take any prescription
guidance                   medicines and if so, these and any other medication found should be recorded
                           and placed in an evidence bag. No medicines should be given to the subject


                                                                - 55 -
Arrest Teams – Operational Procedures 2009


INDEX                      until a police surgeon or doctor within a UKBA removal centre has authorised it.
61 General statement
61.1 Definition of
                           61.10.9 Transporting the detainee to police or UKBA custody
operational arrest
activity
61.2 Eligibility           The vehicle used to transport the arrested person must be searched before the
61.3 Training and          person is placed in the vehicle.
Certification
61.4 Personal Protective   Female detainees should be accompanied by a female officer. If none are
Equipment (PPE)            available, two male officers should accompany them.
61.5 Powers
61.6 Reasonable force      Male detainees should be accompanied by a male officer or two female officers
61.7 PACE Codes of
Practice
                           if no male officers are available.
61.8 Planning an arrest
team visit                 Officers must keep detainees under observation while transporting them. They
61.9 Conducting            have a duty of care towards detainees once an arrest has been made and until
operational visits         they are accepted into police or UKBA custody. All observations are to be
61.10 Arrest procedure     recorded in the PSB101 and escorting officers' personal notebooks. This
61.11 Recording of         information will be given to the custodians at the place of detention to which
Visits
61.12 Custody
                           they are conveyed.
procedures
61.13 Post-visit           On arrival at the place of detention and once the detainee has left the vehicle, it
procedures                 must be searched again to check if anything relating to or belonging to the
61.14 Complaints           detainee has been left behind.
Changes to this            61.10.10 Encountering other criminality
guidance
                           Should you encounter evidence of other criminal activity during an operational
                           visit, you should call the local police immediately and should only take action
                           that is safe and practicable in the circumstances having taken the advice of the
                                                                 - 56 -
Arrest Teams – Operational Procedures 2009


INDEX                      police. Make a comprehensive record in your notebook.
61 General statement       61.10.11 Critical incidents
61.1 Definition of
operational arrest
activity                   In the event of an incident occurring (regardless of whether it be in England,
61.2 Eligibility           Wales, Northern Ireland or Scotland), which is outside of the usual parameters
61.3 Training and          of your daily business, it must be referred to the Command and Control Unit
Certification              (CCU) immediately on 0161 261 1640.
61.4 Personal Protective
Equipment (PPE)            Officers must be familiar with and comply with the UK Border Agency policies
61.5 Powers
                           on critical incidents and operational planning.
61.6 Reasonable force
61.7 PACE Codes of
Practice
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of
Visits
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this
guidance




                                                               - 57 -
Arrest Teams – Operational Procedures 2009


61.11 Recording of visits
 INDEX                61.11.1 Contemporaneous notes
61 General statement       Contemporaneous notes (ones taken during or immediately after the event)
61.1 Definition of
                           have greater value as evidence. Wherever possible, notes about an arrest or
operational arrest
activity                   recording the responses to questions should be made at the scene. If it is
61.2 Eligibility           impractical to do so for safety or other exceptional reasons, notes must be
61.3 Training and          completed as soon as is reasonably practicable, giving the reason for not
Certification              making notes at the scene.
61.4 Personal Protective
Equipment (PPE)
61.5 Powers
61.6 Reasonable force
                           61.11.2 Pocket Note Books (PNBs)
61.7 PACE Codes of
Practice                   All officers must ensure they maintain full and, where possible,
61.8 Planning an arrest    contemporaneous records of all operational activity. You should remember that
team visit                 your actions could be questioned many years after the event. It is essential,
61.9 Conducting            therefore, that you complete full notes of any arrest or other incident. A
operational visits         seemingly innocuous encounter may later produce allegations that will be
61.10 Arrest procedure
61.11 Recording of
                           difficult to refute in the absence of evidence. Notes should be written, therefore,
Visits                     as soon as possible after the event and while the events are still fresh in your
61.12 Custody              mind.
procedures
61.13 Post-visit           In completing your notes, you must include not only the facts but also your
procedures                 honestly held beliefs about an incident in order to justify your actions.
61.14 Complaints

Changes to this
                           Your notes should include the following:
guidance

                           • the day, date and time of the visit / arrest;
                                                                  - 58 -
Arrest Teams – Operational Procedures 2009


INDEX                    •    the time and date the notes were started and completed;
                         •    the location where the notes were written;
61 General statement
61.1 Definition of       •    the name and rank of any persons present;
operational arrest       •    the circumstances of the visit;
activity                 •    the details of those present (colleagues and third parties);
61.2 Eligibility         •    the full details of the arrested person;
61.3 Training and
Certification            •    the power of arrest used;
61.4 Personal Protective •    the location of the arrest and a description of the scene;
Equipment (PPE)          •    a record of what was said at the scene (in direct speech where possible).
61.5 Powers                   You should have such recorded speech initialled by the person being
61.6 Reasonable force         quoted;
61.7 PACE Codes of
Practice                  •   the details of any force used, the justification for doing so and the power
61.8 Planning an arrest       under which it was used;
team visit                •   the details of any injuries or illness claimed by the arrested person;
61.9 Conducting           •   the details of any complaints made;
operational visits
61.10 Arrest procedure
                          •   a description of any relevant evidence or documents seized and how they
61.11 Recording of            were obtained;
Visits                    •   the details of any damage caused and steps taken to repair and/or secure
61.12 Custody                 damaged property;
procedures                •   the details of how the prisoner was taken to a police station or designated
61.13 Post-visit
procedures
                              place of detention;
61.14 Complaints          •   the police custody record number;

Changes to this           At the end of your notes you should sign them with your notebook signature.
guidance                  This is your first name, surname, grade and warrant number. Where possible
                          the notes should then be validated by stamping with an Automatic Time
                          Recorder (ATR). Where this is not possible, they should be countersigned by

                                                                - 59 -
Arrest Teams – Operational Procedures 2009


INDEX                      the custody sergeant or the officer in charge on the visit. Notes must be made
                           in black ink, using the 24-hour clock, and with names, days, dates, times,
61 General statement
                           places, and addresses written all in capital letters.
61.1 Definition of
operational arrest
activity                   Notes should conform to the 'No ELBOWS' acronym. No:
61.2 Eligibility
61.3 Training and          •   erasures
Certification              •   leaves torn out
61.4 Personal Protective   •   blank spaces
Equipment (PPE)
61.5 Powers                •   overwriting
61.6 Reasonable force      •   writing between lines
61.7 PACE Codes of
Practice                   61.11.3 Visit Record Books (VRBs)
61.8 Planning an arrest
team visit                 The procedures for completion of VRBs are as for PNBs above.
61.9 Conducting
operational visits         You should be aware, however that, unless validated by a custody suite ATR
61.10 Arrest procedure
61.11 Recording of
                           (see above), VRBs are of less evidential value than properly completed
Visits                     Personal Note Books.
61.12 Custody
procedures                 61.11.4 Security and Quality Assurance
61.13 Post-visit
procedures                 PNBs (and VRBs) must bear serial numbers and there must be full records
61.14 Complaints           kept of the date, time and to whom they are issued. Managers should review
                           their staff’s PNBs at least once a month and must initial and date the notebook
Changes to this
guidance                   in red ink after inspecting it, keeping a separate record of errors made and
                           action taken to correct them.

                           Once a PNB is full, it should be returned to the line-manager who will issue a

                                                                - 60 -
Arrest Teams – Operational Procedures 2009


INDEX                      replacement. PNBs and VRBs will be retained securely for seven years
                           thereafter.
61 General statement
61.1 Definition of
operational arrest         These documents contain sensitive personal information and should be
activity                   stored securely when not in operational use. Any loss must be reported
61.2 Eligibility           immediately to a senior officer.
61.3 Training and
Certification              61.11.5 Premises search book 101 (PSB101)
61.4 Personal Protective
Equipment (PPE)
61.5 Powers                The premises search book (PSB101) is a contemporaneous record of the visit
61.6 Reasonable force      and must be opened in the following circumstances:
61.7 PACE Codes of
Practice                     •   when an arrest is made
61.8 Planning an arrest      •   when an incident occurs
team visit
                             •   when a search is made under PACE or by consent
61.9 Conducting
operational visits           •   when a warrant is executed
61.10 Arrest procedure       •   when the officers believe it is appropriate, for example during contentious
61.11 Recording of               operations or where a complaint may be made later on.
Visits
61.12 Custody              The PSB101 is also used to record a description of items seized during a
procedures                 search, where and when they were found and by whom.
61.13 Post-visit
procedures
61.14 Complaints
                           After the PSB101 is completed, it must be signed by the officer in charge as a
                           true record of events. It must then be retained for seven years as part of the
Changes to this            record of the visit.
guidance




                                                                  - 61 -
Arrest Teams – Operational Procedures 2009


61.12 Custody procedures
 INDEX              61.12.1 Duty of care
61 General statement       Once a person has been arrested, UKBA has a duty of care for that person that
61.1 Definition of
                           remains until they are transferred into police custody or to a UKBA removal
operational arrest
activity                   centre. If, whilst waiting to be booked into custody, the detainee asks to use the
61.2 Eligibility           toilet, requests a drink of water or makes any other reasonable request, the
61.3 Training and          officer should check with the custody officer/custodian and help meet the
Certification              request if it is approved.
61.4 Personal Protective
Equipment (PPE)            61.12.2 Removal of restraints
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
                           Officers must remember that a detainee may try to escape. The times when
Practice                   restraints are being applied and removed are potentially most vulnerable to
61.8 Planning an arrest    violence or higher levels of non-compliance by the arrested subject. Handcuffs
team visit                 must not be removed, therefore, without the authority of the custody officer or
61.9 Conducting            custodian.
operational visits
61.10 Arrest procedure     If you have applied handcuffs but removed them en route to custody, you
61.11 Recording of
Visits
                           should inform the custody officer or custodian of this immediately upon arrival.
61.12 Custody
procedures                 61.12.3 Booking-in procedure
61.13 Post-visit
procedures                 When booking into police custody, the arresting officer must provide the
61.14 Complaints           custody officer with the facts of the case. The following OATS acronym may
                           help you remember:
Changes to this
guidance                   Offence: why the subject has been arrested, under what powers


                                                                 - 62 -
Arrest Teams – Operational Procedures 2009


INDEX                      Allegation: where they were arrested and what are your reasonable grounds for
                           suspecting that they have committed an offence or are liable to detention?
61 General statement
61.1 Definition of         Time: where and when did this occur?
operational arrest
activity
                           Summary: relevant information and evidence including use of force, special
61.2 Eligibility           needs, any requests made and any other relevant factor or information.
61.3 Training and
Certification              Officers should follow any police procedures they believe necessary in relation
61.4 Personal Protective   to the use of force.
Equipment (PPE)
61.5 Powers                61.12.4 Detainees' property
61.6 Reasonable force
61.7 PACE Codes of         Arresting officers must make the custody officer or custodian aware of any
Practice
61.8 Planning an arrest
                           property seized, retained or taken including prescribed medicines. They must
team visit                 say which property, if any, they intend to retain under immigration powers and
61.9 Conducting            follow any relevant police procedures. Any property not retained must be
operational visits         booked in following relevant police or other custodial procedures.
61.10 Arrest procedure
61.11 Recording of         61.12.5 Cell procedures
Visits
61.12 Custody
procedures
                           Once the subject has been accepted into police custody, officers may be asked
61.13 Post-visit           to escort the prisoner to police cells. Officers need to be aware of the potential
procedures                 for escape or resistance and should not do so alone.
61.14 Complaints
                           Officers should refuse any request to maintain a watch on their prisoners where
Changes to this            there are concerns about threats of self-harm, and explain why. Immigration
guidance                   officers do not have the required skills or training to undertake these duties.



                                                                 - 63 -
Arrest Teams – Operational Procedures 2009




61.13 Post-visit procedures
 INDEX                 61.13.1 Updating Records
61 General statement
                           Once the visit/operation is over, the OIC must ensure that:
61.1 Definition of
operational arrest
activity                     •   computer records are updated;
61.2 Eligibility             •   any seized material is recorded and stored securely;
61.3 Training and            •   local visit record files are created;
Certification
61.4 Personal Protective     •   searches records (Book 101) are appended to the visit record;
Equipment (PPE)              •   relevant intelligence is passed to the local Joint Intelligence Unit.
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of         61.13.2 Disposal of Warrants
Practice
61.8 Planning an arrest
                           Any warrant which has been executed, or which has not been executed within
team visit
61.9 Conducting            one calendar month of its issue, must be returned to the relevant court authority
operational visits         in England, Scotland, Wales or Northern Ireland as specified in section 28K of
61.10 Arrest procedure     the Immigration Act 1971.
61.11 Recording of
Visits                     61.13.3 Debriefs
61.12 Custody
procedures
61.13 Post-visit           Following an arrest team visit an operational debrief discussion is mandatory
procedures                 in the following circumstances; following a family detention visit (EIG Chapter
61.14 Complaints
                           45.4.2), following a visit on which a critical incident occurred (EIG Chapter
Changes to this            44.1.14), an arrest visit containing newly trained arrest staff who have yet to
guidance
                                                                  - 64 -
Arrest Teams – Operational Procedures 2009


INDEX                      complete the mentoring period and finally where the OIC of the visit, or another
                           member of the team, has identified an area of concern from the visit that
61 General statement
                           requires a debrief to be held and recorded. The debrief must be conducted as
61.1 Definition of
operational arrest         soon as practicable after returning to the office.
activity
61.2 Eligibility           The OIC should encourage officers to identify and address good practice as
61.3 Training and          well as problems or incidents arising and to put into place any appropriate
Certification              remedial action. If the discussion identifies previously unrecorded intelligence, it
61.4 Personal Protective   must be recorded and passed to the local intelligence unit using the appropriate
Equipment (PPE)
                           NODMMX screen.
61.5 Powers
61.6 Reasonable force
61.7 PACE Codes of
Practice
61.8 Planning an arrest
team visit
61.9 Conducting
operational visits
61.10 Arrest procedure
61.11 Recording of
Visits
61.12 Custody
procedures
61.13 Post-visit
procedures
61.14 Complaints

Changes to this
guidance




                                                                  - 65 -
Arrest Teams – Operational Procedures 2009


61.14 Complaints
INDEX                      61.14 Complaints
61 General statement       Many complaints are the result of misunderstanding. You should make every
61.1 Definition of
                           attempt to minimise this by:
operational arrest
activity
61.2 Eligibility             • understanding your powers and how you should use them;
61.3 Training and            • treating people with dignity;
Certification                • considering whether there are cultural or religious or other diversity
61.4 Personal Protective
Equipment (PPE)
                               sensitivities to be observed;
61.5 Powers                  • considering human rights and race relations issues;
61.6 Reasonable force        • remembering that your actions may be witnessed by others;
61.7 PACE Codes of           • taking time to explain what you are doing;
Practice
                             • not assuming that others will interpret your actions in the way you intend;
61.8 Planning an arrest
team visit                   • keeping detailed records whether or not an incident occurs.
61.9 Conducting
operational visits
61.10 Arrest procedure     Many complaints regarding procedure and officer behaviour will be dealt with
61.11 Recording of         locally by line managers under published guidelines. Serious complaints,
Visits                     however, must be referred to the Command and Control Unit (CCU)
61.12 Custody              immediately on 0161 261 1640. The CCU will decide whether it the matter
procedures
61.13 Post-visit
                           needs to be referred for further investigation to the IPCC and/or the UKBA
procedures                 Professional Standards Unit (PSU).
61.14 Complaints

Changes to this
guidance



                                                               - 66 -
Arrest Teams – Operational Procedures 2009


Chapter 61- INDEX
 Back to top of INDEX      61.           General statement
                           61.1.         Definition of operational arrest activity
                           61.1.1        Situations not classified as operational arrest activity
                           61.2.         Eligibility
                           61.3          Training and Certification
                           61.3.1        Training
                           61.3.2        Certification
                           61.3.3        Temporary extension of certification
                           61.3.4        Removal of certification
                           61.3.5        Method of entry training
                           61.4          Personal Protective Equipment (PPE)
                           61.4.1        Wearing of PPE
                           61.4.2        Discreet and covert deployment
                           61.4.3        Body armour maintenance
                           61.4.4        Body armour repair and returns
                           61.4.5        Carriage and storage of baton and handcuffs
                           61.4.6        Handcuff and Baton Maintenance
                           61.5          Powers
                           61.5.1        Which powers do I use?
                           61.5.2        Powers requiring arrest-trained certification
                           61.5.3        Any person powers
                           61.6          Reasonable Force
                           61.7          PACE Codes of Practice
                           61.8          Planning an arrest team visit
Back to top of INDEX       61.8.1        Cases that should not be undertaken without police assistance
                           61.8.2        Tasking

                                                              - 67 -
Arrest Teams – Operational Procedures 2009


Back to top of INDEX       61.8.3        Hot Tasking
                           61.8.4        Pre-visit checks
                           61.8.5        Authority for the visit.
                           61.8.6        Drive-by reconnaissance (Recce)
                           61.8.7        Risk assessment
                           61.8.8        Operational orders
                           61.8.9        The Officer in Charge (OIC)
                           61.8.10       Other Roles
                           61.8.11       Police support
                           61.8.12       Observers and interpreters
                           61.8.13       Obtaining warrants
                           61.8.14       Vehicles
                           61.9          Conducting operational visits
                           61.9.1        Professional standards
                           61.9.2        Appropriate team size
                           61.9.3        Briefings
                           61.9.4        Airwave radios
                           61.9.5        Monitoring during visits
                           61.9.6        Entry by informed consent
                           61.9.7        Information to the occupier
                           61.9.8        Entry with a warrant
                           61.9.9        Forced entry
                           61.9.10       Reactive enforcement visits (Hot Pursuit)
                           61.10         Arrest procedure
                           61.10.1       Conducting an arrest
                           61.10.2       Caution + 2 Interviews
Back to top of INDEX       61.10.3       Arrest after arrest

                                                               - 68 -
Arrest Teams – Operational Procedures 2009


Back to top of INDEX       61.10.4       De-arresting at the scene
                           61.10.5       Dealing with other occupants and third parties
                           61.10.6       Searching arrested persons
                           61.10.7       Complaints of illness
                           61.10.8       Personal possessions
                           61.10.9       Transporting the detainee to police or UKBA custody
                           61.10.10      Encountering other criminality
                           61.10.11      Critical incidents
                           61.11         Recording of visits
                           61.11.1       Contemporaneous notes
                           61.11.2       Pocket Note Books (PNBs)
                           61.11.3       Visit Record Books (VRBs)
                           61.11.4       Security and Quality Assurance
                           61.11.5       Premises search book 101 (PSB101)
                           61.12         Custody procedures
                           61.12.1       Duty of care
                           61.12.2       Removal of restraints
                           61.12.3       Booking-in procedure
                           61.12.4       Detainees' property
                           61.12.5       Cell procedures
                           61.13         Post-visit procedures
                           61.13.1       Updating Records
                           61.13.2       Disposal of Warrants
                           61.13.3       Debriefs
Back to top of INDEX       61.14         Complaints



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                                             - 70 -

								
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