2. SAFETY, SECURITY AND DIGNITY FOR ALL PROMISING PRACTICE: AN END TO ROUTINE STRIP SEARCHING OF WOMEN IN ENGLAND AND WALES [2.1] A 2006 review of women with particular vulnerabilities in the criminal justice system in England and Wales, entitled the Corston Report, noted that “the regular, repetitive and unnecessary use of strip searching is humiliating, degrading and undignified for a woman and a dreadful invasion of privacy. For women who have suffered past abuse, particularly sexual abuse, it is an appalling introduction to prison life and an unwelcome reminder of previous victimization. It is unpleasant for staff and works against building good relationships with women, especially new receptions.”99 The Corston Report recommended that strip searching in women’s prisons be reduced to the absolute minimum compatible with security and that the prison service pilot the use of ion scanning machines101 as a replacement for strip searching women for drugs. The Corston Report summarized surveys with women prisoners who stated that strip searching made them feel “embarrassed, invaded, degraded, uncomfortable, vulnerable, humiliated, ashamed, violated and dirty”.100 2 56 Routine strip-searching on transfer to another location or on return from court, when a woman has at all times been under escort and in sight of staff, cannot be justified. In the case of the woman returning from work, common sense alone should prevail.” The report also revealed that it was very rare for anything illicit to be found as a result of strip-searching women, noting that “[t]his is a dreadful waste of staff time. The practice of routine strip searching of women in England and Wales came to an end in 2009, after the publication of the Corston Report. Strip-searching now needs to be “intelligence-led”,102 meaning that officers should only conduct strip searches based on well-founded suspicions.103 99 100 101 102 103 PUTTING IT INTO PRACTICE 08 When discussing the safeguards required when carrying out a search, it is important to clearly distinguish between the different types of searches in use. Terminology may differ from one country to another. There are, however, some key principles that are applicable for all types of searches: —— All searches must be conducted in a manner that is respectful of the inherent human dignity and privacy of the individual being searched; —— All searches must be carried out in accordance with the principles of legality, necessity and proportionality; —— Searches should not be used to harass, intimidate or unnecessarily intrude upon a prisoner’s privacy; —— The prison authorities should keep appropriate records of all searches, as well as the reasons for the searches, the identities of those who conducted them and any results of the searches; —— Safeguards must be in place to prevent the overuse or discriminatory use of all types of searches; and —— All searches should be carried out only by trained personnel. 99. The Corston Report: A report by Baroness Jean Corston of a review of women with particular vulnerabilities in the criminal justice system, Home Office United Kingdom, 2007, p. 31 at www.justice.gov.uk/publications/docs/corston-report-march-2007.pdf. 100. Ibid, p. 31. 101. Ion Mobility Spectrometry (IMS) devices are also known as ion scanners. An IMS unit is a type of trace detecting device that measures the deflection of particles after they are exposed to an electric field. The speed at which the particles move helps to determine the substance of origin. 102. Corston +10, The Corston Report 10 years on: How far have we come on the road to reform for women affected by the criminal justice system?, Women in Prison, 2017, p. 7 at www.womeninprison.org.uk/perch/resources/corston-report-10-years-on.pdf. 103. See also: Body Searches, Detention Focus, Association for the Prevention of Torture at www.apt.ch/detention-focus/en/detention_issues/6/. Guidance document on the Nelson Mandela Rules