CAT/OP/GBR/CSPRO/1
Scotland
156. Removal from association is only used sparingly by Scottish Prison Service and for
the minimum time necessary. When determining whether it is appropriate to remove an
individual from association consideration is always be given as to whether it is necessary,
proportionate and balanced.
157. Rule 95 of the Prisons and Young Offenders Institutions (Scotland) Rules 2011
enables a governor to remove a person in their care from association with other persons where
they are satisfied that it is appropriate to do so to protect their safety, or that of any other
person, or where there is a risk to the good order or discipline of the prison or Young Offender
Institution (YOI). The rule also provides important safeguards for persons removed from
association, which ensure that the reason for removal is clearly communicated to the person,
they are afforded the opportunity to make representations against their removal, and they are
monitored and reviewed regularly. Whilst removed from association there will normally be
no unnecessary restrictions on their entitlements to time in fresh air, visits, including legal
visits, access to telephones and correspondence. Additional activities can be prescribed based
on assessment via the review and monitoring process. The focus throughout will be to
reintegrate the person at the earliest and safest opportunity into the mainstream population,
thus minimising any time spent separate from others.
Northern Ireland
158. A review of the operation of Care and Supervision Units (CSUs) in the Northern
Ireland Prison Service (NIPS) is being undertaken by Criminal Justice Inspection Northern
Ireland (CJI) in partnership with the Regulation and Quality Improvement Authority (RQIA)
and the Education and Training Inspectorate (ETI). The NI Prison Service will respond to
any recommendations relating to segregation resultant from this review.
92. The Subcommittee recommends that the State party:
“a) Strengthen the oversight of the use of force in all detention settings to ensure that
force is only used in accordance with law and is strictly necessary and proportionate;”
England and Wales
159. A digital Use of Force reporting tool is being rolled out nationally, making it easier
for staff to record the reason for their use of force, and allow better local governance. The
benefits of the new tool will be felt at the data entry point, for local monitoring and response,
and for national assurance and understanding of use of force across the estate.
160. We have introduced a good governance toolkit, to support prisons with their local
oversight. This includes increasing the frequency of committee meetings, so that incidents
are discussed in a timelier manner, and feedback and learning provided more promptly to
staff. It will also enable prisons to tackle poor and unlawful practice. To support this, we have
a Practice and Assurance Lead, who provides bespoke, onsite support to prisons.
161. A national Use of Force committee will monitor use of force data trends nationally
when the digital tool is implemented, and we have confidence in the data it brings. It will be
a forum for discussion, with outside scrutiny members invited, on how we can reduce use of
force more generally, and disproportionality specifically, through intervention or improving
the national training syllabus where necessary.
Scotland
162. The Scottish Prison Service recognises that each individual has their own unique
needs, and it seeks to promote equality by dealing sensitively and appropriately with all those
in its care. Where force is used, a ‘Use of Force Report’ requires to be completed and
submitted and there is a formal process in place to review the actions taken by staff.
163. The Scottish Prison Service has engaged in a wide-ranging review of Control &
Restraint. The review included seeking advice from an external expert in the Use of Force
within criminal justice and health settings.
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