New Zealand Police make every effort to assure the safety of intoxicated people in Police custody.
"While our staff did absolutely the right thing in taking Franscisco Soler into custody because of his level of intoxication, our level of care fell below that required and Mr Soler's death was tragic and extremely upsetting for his family as well as for Police staff," said Acting Assistant Commissioner Gary Knowles.
Police manage over 150,000 prisoners per year and a significant number of those, 70 to 80 % have medical and /or psychological issues including alcohol and drug dependencies.
Police found Mr Soler lying on his back on the footpath at about 11am on the morning of 19th December 2008. He was extremely intoxicated and was unable to remember where he lived. Officers detained the man under section 36 of the Policing Act. As he couldn't be taken home, and there were no temporary shelters in the region, police could only place him in Police cells till he sobered up. Mr Soler died in the afternoon. He was found to have methadone, alcohol, zopiclone and cannabis in his system.
Such temporary shelters or detoxification centres would allow a heavily intoxicated person to be appropriately monitored by qualified medical staff. The Policing Act notes that the intoxicated person should where possible be taken home or to a temporary shelter.
Mr Knowles said Police have taken action to address those recommendations made by the Independent Police Conduct Authority following its investigation into Mr Soler's death.
The Authority recommended that any person taken into care by police under section 36 must be deemed in need to care; that prisoners must be regularly roused as part of the frequent monitoring; that training for officers must include risk assessment for all risk factors not just those relating to suicide prevention and that Police develop a training module for all staff assigned to watch house duties on responsibilities for the evaluation of risk; and the care and protection of persons in custody.
"This coming month, a new chapter of the Policing manual will be published. This material is focused on ensuring that the authorised custodial processes allow Police staff to identify and act on identified risks in the management of persons in their care," Mr Knowles said.
The chapter sets out the policy re checking a prisoner based on risk and implements the IPCA recommendation in this area as well as providing clear guidance for dealing with intoxicated or drug affected people.
Training and the widening focus on custodial management rather than custodial suicide management have also been identified as an area where Police can look to better manage the risks presented by those who have taken drugs or alcohol and come into Police custody.
"Consideration was given to whether the officers were criminally liable for the death of Mr Soler and it was decided they were not. This decision was subject to legal review. The officers were subject to a variety of different demands and unfortunately didn't recognise the risk this person presented and attended to other public demands for police service as a priority. A thorough internal employment process has been completed."
Mr Knowles said Police have made significant efforts since 2005 to reduce the likelihood of harm to persons in custody through a variety of policies and procedures and the physical removal of environmental hazards such as hanging points. Police also work closely with the IPCA who carry out regular inspections throughout New Zealand of police custodial sites.
Mr Knowles said Bay of Plenty Police processes have been reviewed and strengthened following this incident.
A number of changes have been made to custodial management systems and processes in the Bay of Plenty Police District, and specifically Whakatane Police Station, since Mr Soler's death.
Additional training has been provided to all staff, not just those usually working in the watch house area, about the management of intoxicated people in Police custody.
There have also been structural changes to the working environment in the watch house area at Whakatane Police Station, which has led to improvement in relation to the management of prisoners.
Prisoners from other areas within the Bay of Plenty Police District, including Eastern Bay of Plenty, are now transferred to the purpose-built, custodial facility at Rotorua. This facility, which had only been open for a short time before Mr Soler's death, has contributed to significant improvement in prisoner management across the District.
ENDS
Contact: Media team, Police National Headquarters:
04 474 9476