CAT/OP/GBR/CSPRO/1
force is reduced to a minimum and only ever used as a last resort. Through the collection of
accurate data it will allow issues around the disproportionality in the use of force to be
identified and allow targeted action to tackle them.
235. The Act requires units to produce policies and information for patients, keep a record
of how and when force (physical, mechanical, chemical and isolation) is used, and improved
staff training in prevention, de-escalation and the safe use of force. It is essential that if things
go wrong when force is used, it is properly investigated and learned from which is why the
Act also sets out requirements for undertaking timely investigations, and the police use of
body worn cameras if they are called to assist mental health staff in the use of force.
236. We are developing the timeline for publishing the statutory guidance and commencing
the Act. We expect to consult on the statutory guidance in late Spring 2021.
Northern Ireland: Bail and remand legislation for children
237. Information available to the Department indicates that the number of children
admitted to custody on remand is significantly higher than the number who subsequently
receive a custodial sentence. Work is therefore underway to introduce a number of proposed
changes to bail and remand legislation for children. These are planned for inclusion in the
Justice (Miscellaneous Provisions) Bill, due to be introduced to the Northern Ireland
Assembly in April 2021.
238.
Proposals developed include legislative changes to introduce, amongst other things:
• A new test for bail for children to take account of their age, maturity, needs and best
interests;
• Unconditional bail as standard, with justifications needed for any conditions, which
must be proportionate and relevant to the offences;
• A ‘real prospect’ test which prohibits remand of children unless there is a genuine
prospect of them receiving a custodial disposal for the offence; and
• Prohibition on remanding children to a Juvenile Justice Centre solely on the grounds
of lack of alternative accommodation.
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