4. RESTRICTIONS, DISCIPLINE AND SANCTIONS
84
If prison staff are well trained in dynamic security techniques then they will be better equipped
to recognize the early warning signs of disciplinary offences and defuse the situation before
it escalates. Such preventative approaches require fewer resources than formal disciplinary
procedures and can contribute to improved prisoner/staff relations. The concept of dynamic
security, an approach to security, which combines positive staff-prisoner relationships with
fair treatment and purposeful activities that contribute to their future reintegration into society,
is explored in more detail on in Chapter 3, paragraph 01 of this guidance document.
PUTTING IT INTO PRACTICE
85
The requirement to use alternative dispute resolution mechanisms links back to Rules 75
and 76(1)(c), which require prison staff to receive ongoing training on the concept of dynamic
security and preventative and defusing techniques such as negotiation and mediation.
86
A dynamic security approach, establishing a positive relationship between prison staff
and prisoners, is a key element in being able to apply alternative dispute resolution.
87
In order for prisons to be successfully managed, policymakers, prison managers and staff
must be fully engaged with, and committed to, the principles of dynamic security and
alternative dispute resolution. Staff at all levels must, therefore, be carefully selected with
this in mind.
88
The phrase “to the extent possible” in Rule 38(1) recognizes that disciplinary procedures
are necessary on occasions. However, the wording should not lead to a narrow interpretation
of this provision. Alternative dispute resolution mechanisms should always be applied
before formal disciplinary procedures except in cases where it is reliably determined that
other measures will not be effective, or if the infraction is serious enough to move straight
to formal procedures.
4
Guidance document on the Nelson Mandela Rules
113
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