Can a custody detention officer perform an EBT and sign the printout?
Thanks for that. I'll be giving it a good read laterHi 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.
Thank you for your reply.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.....)
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.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?)