@Aspiringmatriarch
Felix, it's apparent that you lack the imagination either to comprehend the distress caused in this case (and many others like it) or to consider that there might actually be a better way to do things. Do we strip search people going through airport security in case they're concealing something in a body cavity? No, because that would be incredibly degrading and disproportionate. Even though they could theoretically pose a risk - you don't know, any more than you know whether someone in custody is necessarily a risk. Stop parroting rules and regulations and actually think critically about this. The threshold should be very high to ever justify such a dehumanising procedure. Just because something may be within the law, doesn't make it morally acceptable. You could use CCTV, better supervision, even handcuffs if you think someone is potentially dangerous. You're essentially saying that if someone won't give their name they should be subject to being forcibly stripped. This is nonsene, it should be an absolute last resort.
In this specific instance, there was no legitimate reason to think the woman in custody posed a risk and it's very disingenuous to keep talking about safeguarding when in fact, after ten years the police have been forced to apologise to and compensate this victim, and at the time of the arrest they were quite clearly acting in a disgusting and unlawful manner.
You airport comparison draws similarities to custody.
The vast majority of people coming through an airport are complaint, give their details/passport when required, checks can be carried out if anything shows up (could be wanted or fleeing justice in their country etc etc).
If they refuse their details or have no passport - do we just allow them through security? Or do they get detained and placed into custody. When in custody, they will have the same issues as to safeguarding them. They will pose as an unknown risk.
Police custody will be the same. The vast majority of people coming through custody are compliant, give their details and can be risk assessed.
Quite a number of people in custody will go directly into a prison - either through a remand or recall to prison etc etc. So they will consider sneaking items in with them. And on top of this, we will have a number of deaths in police custody or shortly after police custody each year by self harm.
I know its not a pleasant experience and one which will be degrading to the person being searched. But if society is happy for us not to do this - then will society be happy with accepting a number of deaths each year in custody by items being sneaked in? Or is the risk to life too high for that?
Using CCTV in cells wont stop someone producing an item from a bodily cavity and using it - either on themselves or others. You can't have someone handcuffed for up to 24 hours - that will be classed as unnecessary physical torture when you could have searched someone within 10 minutes and negate the need for handcuffs.
What I am saying is, if we don't know anything about the subject, how can we risk assess them properly to ensure they are protected from harm as well as others? And again I am aware that it is degrading and unpleasant - but the vast majority of strip searches are done compliantly.
At the time of the arrest, she was arrested for assault & obstruct. You can't say they acted unlawfully - unless you were there and witnessed it directly. The court has not pointed to any unlawful arrest by the officers involved. I can't say whether it was lawful or unlawful as i wasn't there. So I can't see how you can say that "...they were quite clearly acting in a disgusting and unlawful manner..."
But the fact remains that she was arrested and taken to custody where the custody procedure was implemented.
So, if you were the custody sergeant and you were presented by a subject who was refusing their details - how would you class their risk? Low risk or unknown risk? And what would be your rational for classing them as such - and then what provision would you put in place to minimise the risk further once they are in a cell?