Report of the Inquiry into the circumstances of the Death of Bernard ...

9.34 Mr Bowcock was asked about the records of the five searches that he appeared
to have conducted with Officer Plane the next day. He confirmed that the record was in
his handwriting and could not remember why he had not completed the record for the
previous day when making these entries.
Searching a two-man cell
9.35 The inquiry examined whether it was normal practice to search only one prisoner
in a shared cell. Staff told us that ideally both prisoners should be searched but if one
prisoner was not available that was not a reason to abandon a search. The inquiry
understood that searches should be neither predictable nor avoidable, by prisoners
making themselves scarce when officers were ready to search.
9.36 In his police statement, Mr Bowcock said that sometimes you would search only
one occupant of a cell if the other was difficult to get hold of. He could not recall why he
had not written the cellmate’s name on the form. He thought it was possibly because the
name was not on the board in the office or because Mr Lodge was on ‘bang-up’. He
agreed it was the usual procedure to include both occupants in the search. He said it
was pointless to call the cellmate to the cell since if he had contraband in his possession
he could have got rid of it.
9.37 Mr Downs told the inquiry they intended to search both prisoners and called for
the cellmate but it was during association and he did not answer to any calls. There was
no loudspeaker system on the wing. There were many places he might be to avoid being
found. It was not necessary for both prisoners to be present and at that time cells were
sometimes searched without either occupant being present or searched.
9.38 SO Nuttall said in his statement to the inquiry that if the other prisoner was not
available at the time of a proposed cell search it was not inappropriate to search only
one prisoner in a shared cell.
9.39 Mr Gray told the Prison Service investigators that during the search he went to
his cell and the officers told him to go away. In his statement to the police, Mr Bowcock
said that a prisoner came to the door and asked what they were doing then walked
away. Mr Bowcock said he did not know Mr Gray. He said he probably would not have
been aware that he was the other occupant of the cell and, in any event, by then they
were well into the search.
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