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Custody detention officer

Medicine Man

Well-known member
Hi Roger,

I believe that a custody detention officer has the power to conduct and sign off evidential breath tests as they are simply assisting a custody sergeant in carrying out their duties.

I’m not completely au fait with proper police procedure but from what I gather after a cursory search, it appears as though the officer conducting the test must be approved.
Here’s a link to Hampshire Police procedure that I found which may or may not be of use to you: https://www.hampshire.police.uk/Sys...ampshire-constabulary/policies/02504_v3.6.pdf

Hope this is both correct and helps you out.

MM
 

Roger

Member
Hi Roger,

I believe that a custody detention officer has the power to conduct and sign off evidential breath tests as they are simply assisting a custody sergeant in carrying out their duties.

I’m not completely au fait with proper police procedure but from what I gather after a cursory search, it appears as though the officer conducting the test must be approved.
Here’s a link to Hampshire Police procedure that I found which may or may not be of use to you: https://www.hampshire.police.uk/Sys...ampshire-constabulary/policies/02504_v3.6.pdf

Hope this is both correct and helps you out.

MM
Thanks for that. I'll be giving it a good read later
Roger
 

price1367

TTC Group
Can a custody detention officer perform an EBT and sign the printout?
Which police force were you detained in? Some forces use police officers as custody assistants, others use civilian staff in a pseudo police uniform.
 

price1367

TTC Group
Derbyshire employ civilians to be custody assistants on an “in house” contract (in other words not a privatised outsourced company) so whilst they are police employed, they are not authorised to carry out evidential breath tests.
there are two things to check:
Are you sure they have not signed the printout as a ”corroborating person” ? I.e. they merely signed to say they witnessed the procedure?
Are you sure they did not just give you a screening breath test before release or to see if you were fit to be dealt with and not the actual evidential supply of 2 samples where you have been charged with the lower reading of the 2 that you gave?
I suppose in theory that the custody assistant may, in addition to that role, also be a special Constable. I have know some to have dual roles, but even then the requirement is for a Constable IN UNIFORM to carry out the procedure, and a special Constable, but in the uniform of a custody assistant, does not match that requirement.

If you are unsure, send me a PM with a picture of a copy of the print out and I will advise you on my thoughts. (I think you have to make at lease 3 posts on here before you can message other people.....)
 

Roger

Member
Derbyshire employ civilians to be custody assistants on an “in house” contract (in other words not a privatised outsourced company) so whilst they are police employed, they are not authorised to carry out evidential breath tests.
there are two things to check:
Are you sure they have not signed the printout as a ”corroborating person” ? I.e. they merely signed to say they witnessed the procedure?
Are you sure they did not just give you a screening breath test before release or to see if you were fit to be dealt with and not the actual evidential supply of 2 samples where you have been charged with the lower reading of the 2 that you gave?
I suppose in theory that the custody assistant may, in addition to that role, also be a special Constable. I have know some to have dual roles, but even then the requirement is for a Constable IN UNIFORM to carry out the procedure, and a special Constable, but in the uniform of a custody assistant, does not match that requirement.

If you are unsure, send me a PM with a picture of a copy of the print out and I will advise you on my thoughts. (I think you have to make at lease 3 posts on here before you can message other people.....)
Thank you for your reply.
The printout shows the operator as 'name: ED P***y'
Rank: CDO and signed E P***y'
There's also this printed PEN: 4214
Thanks again.
 

price1367

TTC Group
OK, but you have still not answered if the breath test that he / she carried was a screening one before your release or if it was the evidential one where you gave 2 samples and you were charged on the basis of the lower reading. If you are not sure, compare the lower reading on the print out with the reading that is shown on your charge sheet. If they are the same then it appears that you may have a case for I correct procedure at the police station to gather the evidence. (What was the reading you were charged with?)
 

Roger

Member
OK, but you have still not answered if the breath test that he / she carried was a screening one before your release or if it was the evidential one where you gave 2 samples and you were charged on the basis of the lower reading. If you are not sure, compare the lower reading on the print out with the reading that is shown on your charge sheet. If they are the same then it appears that you may have a case for I correct procedure at the police station to gather the evidence. (What was the reading you were charged with?)
Thanks. It was the evidential breath test. I never got a screening test before my release. I was in custody for nearly 16 hours because, according to another CDO I hadn't admitted the offence in interview and they needed to speak to the CPS before releasing me.
I blew 84.
 

price1367

TTC Group
I have never come across this before, and I have a lot of experience with police station procedure!
The law says that the requirement to provide an evidential breath test MUST be made by a Police Officer in uniform.
This person clearly does not fit that description, but The police have clearly authorised him to use the breath test machine as you have to undergo training before you are put on to the list of approved operators that the machine recognises when you log in.
The Police may be taking the view that so long as the REQUIREMENT to provide a breath test has been made by a police officer in uniform, it can be CARRIED OUT by someone else. I have never heard of this being done and I think you should seek legal advice to see if the constitutes a lawful test.
If you cannot afford a solicitor (although initial advice is usually free) they you should apply for a copy of your custody record and the custody video relating to your time in detention. This will, hopefully, clarify how the procedure was conducted leading up to the evidential tests and who did what. It may be that the form was completed off camera so failing that producing what you need, the only other way is to request the MGDDA form that you would only get after you submit a “not guilty” plea.
That could introduce extra costs for you. If you can show CPS that the evidential test was unlawful before your court appearance they may well withdraw the charge.

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