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The Medical Determination of Fitness for Detention in Police Custody
Background:
In Germany, police custody is used to prevent danger. An arrested person's medical fitness for detention must be assessed by a physician if it is in doubt. The frequency of such examinations among arrested persons in Germany ranges from 5.5% to 66.0%. There are currently no binding guidelines for the assessment of fitness for detention.
Methods:
Current police custody regulations across Germany were obtained from the internet and from the interior ministries of the German federal states. Epidemiological features and risk profiles were determined from relevant publications retrieved by a selective search and from the authors' own current data. Practical recommendations were derived from this information.
Results:
Regulations concerning police custody vary widely across German states. The main indications for medical assessment are intoxication (36.8-65.7%) and withdrawal syndromes (14.4-24.7%). Medical assessment usually results in a determination of unrestricted fitness for detention (32.5-64.6%) or of restricted fitness subject to certain conditions (16.7-75.4%). Mental illness (21.7-25.0%) is a common reason for being unfit for detention.
Conclusion:
In Germany, no particular individual or body is specified by law as being responsible or qualified for assessing fitness for detention. When such an assessment is to be made, the state regulations should be known, and a state-specific assessment form and certificate of fitness for detention should be developed if the legal basis is inadequate. A standard operating procedure (SOP) should be created for use in hospitals as well. It should be stated in the certificate whether the person in question is fully fit for detention, fit for detention with restrictions, or unfit for detention.
