Section one Context
PAVA
Following a six-month pilot in 2017–18,
a £2 million national rollout of PAVA spray
to all prison officers in the closed adult
male estate in England and Wales went
ahead in 2019–20. PAVA is an incapacitant
spray similar to pepper spray. Civil society
organisations were concerned about the lack
of public debate and consultation on this
development, and had concerns around the
disproportionate impact on black and minority
ethnic people and those with disabilities
in particular.54 In August 2019, the EHRC
funded a disabled prisoner’s application for
judicial review of the decision to make PAVA
spray available to prison officers in the adult
male prison estate. The EHRC stated that
the MoJ had not adequately considered the
potential impact on people who have mental
health conditions or learning disabilities
and was concerned that the pilot scheme
exposed significant risks of unlawful use of
the spray. Following the launch of the legal
action, the MoJ carried out a more detailed
equality impact assessment on the pilot
which showed disproportionate use of force
against younger people, black people and
Muslim people. The MoJ subsequently made
changes to the way it intends to roll out the
spray, including strengthened safeguards and
more robust training and guidance. In light of
these commitments, the claimant in this case
discontinued legal action.55
54
55
56
Reviews on women prisoners in
England and Wales
The Female Offender Strategy for England
and Wales was published in 2018 and its
progress was reported to Parliament in June
2019. A key part of the strategy was the
government’s commitment to developing a
‘residential women’s centre’ pilot in at least
five sites across England and Wales, which
it said offered a robust alternative to short
custodial sentences. The MoJ has since
concluded the first phase of consultation
with local voluntary and statutory agencies,
partners and providers to inform the scoping
of the project. It also invested £5 million in
community services for women in 2018–19
and 2019–20 and made a commitment to
develop and publish a ‘National Concordat on
Female Offenders’ by autumn 2019 (though
this is still awaited).56
A review by Lord Farmer of the importance
of strengthening female offenders’
family and other relationships to prevent
reoffending and reduce intergenerational
crime was published in June 2019.
The review examined practice in England
and Wales and was a follow-up to a similar
review of men’s prisons. It found family and
other relationships are ‘utterly indispensable’
and that supporting women to build and
maintain healthy relationships is key to
rehabilitation and reducing intergenerational
crime. Lord Farmer noted that the focus on
adverse childhood experiences, which runs
through social policy in Wales, Scotland and
Northern Ireland, needs to be given more
salience in England. The review called for
action across government departments to
prevent adverse childhood experiences and
Prison Reform Trust, August 2019, Letter: Peter Dawson to Jo Farrar on PAVA, http://www.prisonreformtrust.org.uk/
Portals/0/Documents/PAVA/Correspondence/2019.08.05%20-%20PD%20to%20Jo%20Farrar%20-%20PAVA.pdf
[accessed 10/11/2020]
EHRC, August 2019, Ministry of Justice to give prisoners greater protection during rollout of PAVA spray, https://www.
equalityhumanrights.com/en/our-work/news/ministry-justice-give-prisoners-greater-protection-during-rollout-pava-spray
[accessed 24/08/2020]
House of Commons Library, July 2019, Female Offender Strategy One Year On: Commons Debate Pack, https://
commonslibrary.parliament.uk/research-briefings/cdp-2019-0204/ [accessed 24/08/2020]
23
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