2. SAFETY, SECURITY AND DIGNITY FOR ALL Intelligence-led searches 21 Searches must be based on the principles of legality, necessity and proportionality. The decision to use an intrusive search method should be based on an individual assessment and/or process as a result of specific, reliable intelligence. Applying dynamic security approaches will facilitate such decision-making. 22 Prison staff should base their decision about the most appropriate type of search in a given situation on an agreed set of transparent criteria that are employed consistently. Regular monitoring processes should be in place to ensure compliance with the agreed criteria. 23 As part of these criteria, prison staff should ask themselves what the specific purpose of each search would be, and which method would be the least intrusive to achieve this purpose. They should consider whether they are making their determination based on the specific risk posed and scrutinize whether their action may be influenced by stereotypes linked to particular groups of prisoners. Putting safeguards in place All staff members conducting searches must be carefully selected and properly trained. Searches must be monitored effectively to ensure the rules and regulations governing searches are applied fairly and consistently, and to protect against ill‑treatment and discrimination. 25 It is considered good practice to have two staff members present during searches as a safeguard for prisoners and staff. The CPT has also asserted this position, stating that “[i]n addition, more than one officer should, as a rule, be present during any strip search as a protection to detained persons and staff alike”.125 However, care must be taken that this does not lead to further humiliation of the person being searched. When two staff members are present, one should conduct the search and the other should observe. 26 Before conducting any type of search it is good practice for prison staff to explain to prisoners the reasons for the search and where and how the search will be conducted. Staff should also be careful about their use of verbal and body language before and during the search, as these factors have a significant impact on the prisoner’s experience of the search procedure. Respectful and professional handling of searches and considerate language help avoid unnecessary friction to the benefit of both prisoners and prison staff. 27 Prisoners should always be given the opportunity to disclose or hand over hidden items before the search is conducted, and it should be made clear to prisoners that they have this opportunity. If a prisoner refuses to undergo a body search, the use of force to conduct a search should be the last resort, in line with the principles of legality, necessity and proportionality, and after other interventions have been tried. Other interventions include de-escalation techniques, such as giving prisoners some time out to consider their options, or a period of negotiation to obtain compliance. The prison director or a designated subordinate should be notified if force is used, and this must be recorded in the prisoner file. The use of force is discussed in more detail in Chapter 3, paragraphs 41–67 of this guidance document. 28 All prisoners should have the opportunity to complain if they feel their privacy, dignity or human rights have been violated during search procedures. More guidance on complaint mechanisms can be found in Chapter 1, paragraphs 130–165 of this guidance document. 29 Prisoners should never be used by prison staff to conduct personal or cell searches of other prisoners. 2 24 125. Report to the United Nations Interim Administration Mission in Kosovo (UNMIK) on the visit to Kosovo carried out by the European Committee for the Prevention of Torture, 6 October 2011, CPT/Inf(2011) 26, Para. 29. Guidance document on the Nelson Mandela Rules 61