3. INCIDENT PREVENTION AND RESPONSE
24
Monitoring bodies need to have full access to records of the use of restraints, including
any audio and video recordings of restraints being used.
PROMISING PRACTICE: DEBRIEFING FOLLOWING THE USE OF RESTRAINTS ON JUVENILE PRISONERS
– ENGLAND AND WALES [3.3]
In England and Wales, authorities are required to
carry out a structured debriefing following the
use of force or restraint on juveniles in prison,
including with the staff directly involved in the
incident and the young person subject to the use
of force or restraint. The outcome of all debriefings
should be recorded in writing.
3
The debriefing process has two stages. The first
step consists of an initial debriefing, as soon
as possible after the use of force, to check the
wellbeing of the prisoner and to ensure he or
she understands what has happened, why it
was necessary and what is going to happen next.
The second step consists of a full debriefing with
the prisoner, which should then take place within
48 hours of the use of force or restraint and in
the presence of a lawyer if the prisoner requests.
The purpose of the full debriefing is to agree
an action plan to encourage positive behaviour
and to minimize the likelihood of needing to use
physical restraint again in the future.
84
Prison staff also go through a two-step process
to debrief the use of force of restraint. The first
step consists of an initial debriefing, which is
to be held as soon as practical after the use of
force, to ascertain if staff need medical treatment
and to make sure they know they are required
to complete incident reports while the details
are fresh in their memory. The second step
consists of a full debriefing, which takes place
after statements on the use of force have been
completed, to ensure that all staff understand
the context of the incident and to reflect on any
lessons that can be learned for managing difficult
behaviour in future.182
182
Training on the use of restraints
25
Training on the use of restraints should be regularly updated to reflect the introduction of new
types of restraint, alternative methods of control and new medical studies on their impacts.
26
Rule 76(1)(c) also stipulates that relevant prison staff should be provided with training on the
use of instruments of restraint “with due consideration of preventive and defusing techniques,
such as negotiation and mediation”. This training should include real-life scenarios and
practical exercises.
27
Only staff members who have been trained in the use of restraints should be authorized
to use them.
CONTEXT: TRAINING ON THE USE OF RESTRAINTS [3.4]
Staff should receive training on the use of restraints before they enter active duty. Part of that training
should involve having different instruments of restraints used on themselves. They will also require
training updates during the course of their employment. All training should incorporate real life
scenarios and practical exercises, and should include, as a minimum:
– Training on all relevant laws, policies and procedures;
– The instruments of restraint that can and cannot be used, and the risks associated with them
– The criteria for their deployment;
– How to use different instruments of restraint safely, legitimately and proportionately;
– How to use force or arms to the minimum extent necessary, and how to determine when their use
is no longer necessary;
182. Use of Force Implementation of Minimising and Managing Physical Restraint, Ministry of Justice Prison Service Instruction, 21 February 2014.
Guidance document on the Nelson Mandela Rules
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