restraints
T
he senior member of staff on duty must authorise the use of physical restraints and should ensure that they are used properly. The director of the prison must see any prisoner restrained because of violent behaviour or self injury as soon as possible and authorise the continuing use of restraints if necessary. A medical officer must see the prisoner as soon as possible. The decision and the procedure for each use of restraints must be closely monitored by a higher authority and, according to best practice, by an authorised independent monitor.Security outside the prison
E
ither the prison authorities or another appropriate authority should be responsible for the custody of a prisoner when outside the perimeter of the prison, for example, on transfer to another prison, a court or a civilian hospital. When prisoners are to be handed over to the care of another escorting agency, there should be an agreed protocol between the prison authority and the escorting agency about the procedures to be followed. This should cover the standard of security in vehicles or other transport and the treatment of prisoners while under escort. Any outstanding medical issue should be brought to the attention of the escorting staff.Special care needs to be exercised about the level of security to be used when a prisoner requires a period of in-patient care in hospital. Whatever the circumstances security must not interfere with medical treatment.
The nature of physical security required during these periods may vary according to the individual security risk but the principle should always be that the lowest possible security classification necessary for safe custody should be applied. The most common restraint when necessary in such circumstances is the handcuff.
Where a prisoner has been escorted to court with physical restraints, these should be removed before the court hearing unless the presiding judge or adjudicator authorises otherwise.
The balance
between
security and
contact with
the outside
world
T
he need to hold prisoners in appropriate conditions of security needs to be balanced with their right to maintain contact with the outside world. However strong the security considerations, contact with the outside world in reasonable conditions must continue to be permitted. This is an important element in safeguarding the rights of the individual prisoner. It can also assist in the process of rehabilitation for individual prisoners. In addition, it is in the interest of the prison administration to encourage prisoners to have contact with the outside world because it can enhance stability within the prison. Chapter 11 deals more fully with contact with the outside world during imprisonment.Use of
physical
restraints a
last resort
P
hysical restraints such as handcuffs should only be applied in exceptional circumstances. They should not be used as an alternative to other physical measures of security. For example, it is never permissible to keep prisoners chained by the ankle or wrist to walls or to long iron bars, either individually or in groups, simply because the physical security of buildings is very weak. Physical restraints should not be used as a matter of course when a prisoner is being transferred from one location to another, either within a prison or outside the prison. In each case, their use should be based on an individual assessment of the risk posed by the prisoner. Restraints may have to be used as a last resort to control a violent prisoner who is threatening the safety of others. As soon as that person stops the violent behaviour the restraint must be removed. Only in exceptional circumstances should restraints be used to prevent a prisoner harming him or herself. Best practice suggests that this should rarely be necessary because there are alternative methods to prevent self injury.What the international instruments say
Nelson Mandela Rules, Rule 3:
Imprisonment and other measures that result in cutting off persons from the outside world are afflictive by the very fact of taking from these persons the right of self-determination by depriving them of their liberty. Therefore the prison system shall not, except as incidental to justifiable separation or the maintenance of discipline, aggravate the suffering inherent in such a situation.
Nelson Mandela Rules, Rule 58:
1. Prisoners shall be allowed, under necessary supervision, to communicate with their family and friends at regular intervals:
(a) By corresponding in writing and using, where available, telecommunication, electronic, digital and other means; and
(b) By receiving visits.
2. Where conjugal visits are allowed, this right shall be applied without discrimination, and women prisoners shall be able to exercise this right on an equal basis with men. Procedures shall be in place and premises shall be made available to ensure fair and equal access with due regard to safety and dignity
Nelson Mandela Rules, Rule 61:
1. Prisoners shall be provided with adequate opportunity, time and facilities to be visited by and to communicate and consult with a legal adviser of their own choice or a legal aid provider, without delay, interception or censorship and in full confidentiality, on any legal matter, in conformity with applicable domestic law. Consultations may be within sight, but not within hearing, of prison staff.
2. In cases in which prisoners do not speak the local language, the prison administration shall facilitate access to the services of an independent competent interpreter. 3. Prisoners should have access to effective legal aid.
Declaration on the Protection of All Persons from Enforced Disappearance, Article 7:
No circumstances whatsoever, whether a threat of war, a state of war, internal political instability or any other public emergency, may be invoked to justify enforced disappearances.
Declaration on the Protection of All Persons from Enforced Disappearance, Article 10(2):
Accurate information on the detention of such persons and their place or places of detention, including transfers, shall be made promptly available to their family members, their counsel or to any other persons having a legitimate interest in the information unless a wish to the contrary has been manifested by the persons concerned.
Body of Principles for the Protection of All Persons Under any Form of Detention or Imprisonment, Principle 18:
Interviews between a detained or imprisoned person and his legal counsel may be within sight, but not within the hearing of a law enforcement official.
Body of Principles for the Protection of All Persons Under any Form of Detention or Imprisonment, Principle 19:
A detained or imprisoned person shall have the right to be visited by and to correspond with, in particular, members of his family and shall be given adequate opportunity to communicate with the outside world, subject to reasonable conditions and restrictions as specified by law or lawful regulations.