A Howard League report in 2017 highlighted the difficulties prison staff face in establishing good relations with prisoners. The small number of staff, the heavy workload and frequent turnover of staff within the same facilities are at the root of this.¹

There are four types of body searches:

• level A body search (removal of shoes, inspection of hair, mouth, ears, etc…)
• level B body search (simple pat-down)
• full body search
• search “of other parts of the body” (visual inspection of body cavities, excluding any intrusive gesture)

The mandatory procedures are detailed in Appendix B of the PSI 07/2016 on the search of persons.

The PSO 1600 publication on the use of force defines the authorised means of restraint:

• personal defence techniques: “Staff members may use these techniques in situations where they are legal and necessary, to protect themselves or a third party”.
• placement in a protection cell: *“Violent and uncooperative prisoners can be placed in protective custody.”
• baton: “Officers may, in extreme circumstances, use the baton as a defensive weapon, taking into account the possible medical consequences”.
• immobilisation techniques: “These techniques are used as a last resort to subdue a violent or resistant prisoner. These techniques should be kept as brief as possible “.
• handcuffs:“They can be used, if justified, when removing an uncooperative prisoner”.
• Full-body search of a restrained prisoner:“this should only be done if it is proven, or reasonably suspected, that the prisoner is carrying a prohibited item”.
• restraint belt: “a restraint belt should only be used to prevent a violent or uncooperative prisoner from harming themselves, another prisoner or member of staff or damaging property when all other possible means have been exhausted or are considered dangerous”.

In October 2018, Prisons Minister, Rory Stewart, announced that every prison officer in a men’s prison would be equipped with a PAVA spray . Staff would be authorised to use it against serious violence or the threat of serious violence.¹ In 2018, Prison Reform Trust published an analysis of the pilot implementation of this measure. It suggests that officers are systematically ignoring departmental instructions. The organisation believes that the deployment of these measures “is likely to do more harm than good and may jeopardise the safety of prisoners and prison officers”*.

HM Chief Inspector of Prisons stated in his annual report 2017-2018 “in approximately two thirds of the institutions visited, there is an increase in the use of force against prisoners and significant deficiencies in its management. The documentation justifying the use of force is worrying in half of the institutions. The available video and documentation does not always provide evidence that the use of force was necessary or proportionate to the risk”. ²

Placement in a unit or solitary confinement and the use of a restraint belt can be done with authorisation from the Prison governor. Belt authorisation is valid for a maximum of 24 hours.¹

Officers decide if the use of handcuffs is necessary during an incident.²

The use of the baton is prohibited in units for minors, women’s facilities and category D (open) facilities.³

Restraining methods are prohibited against quadriplegic or paraplegic prisoners, women in labour or prisoners placed in category D.⁴

In the event of an infringement, the prison governor may impose one or more of the following penalties (Prison Rule 55 (1)) :

• warning
• remove (privileges) under Rule 8, for up to 42 days
• exclusion from workshop work for a maximum of 21 days
• withdrawal or elimination of salary for a maximum of 84 days and a maximum of 42 days’ salary
• solitary confinement for up to 42 days
• extension of sentence for up to 42 days
• take away,without a time limit, the objects permitted, under rule 43 (1) (books, newspapers…)

The status Incentives and Earned Privileges (IEP) depends on a prisoner’s classification. A disciplinary fault may be the reason for their downgrading. Certain criminal offences (violence, supplying or possessing drugs or a mobile phone, escaping or concealing a weapon, etc.) may result in immediate downgrading to the basic level. Persons classified at this level are deprived, among other things, of television in their cells. Their expenses are restricted, such as mail exchange, visiting rights…¹

The adjudicator is the prison governor or a delegated member of management. The most serious criminal offenses are referred to the police and prosecuted in court. An independent arbitrator is appointed when the case is not referred to an outside jurisdiction and the prisoner is facing an extension of their sentence. This independent arbitrator is a district judge, or a deputy approved by the Lord Chancellor.

The arbitrator shall investigate the facts impartially. The officer hears from the reporting officer, the accused and any witnesses. He considers all written or physical evidence. He decides on the basis of the charge beyond a reasonable doubt and imposes the punishment.¹

Disciplinary sanctions may have an impact on sentence length. The extension cannot exceed 42 days.¹

High security institutions all have solitary confinement blocks. The others have dedicated wards or cells.

Cells vary depending on the reason for solitary confinement:

• the sanctioned prisoner is placed in an ordinary cell set up for that purpose. It will be equipped with a bed, bedding, table and seat. Access to sanitary facilities is guaranteed at all times. Furniture or fittings may be authorised at the discretion of the governor.
• “violent or uncooperative” prisoners are placed in a special cell, empty of all objects and furniture, and sanitary facilities. This type of cell may not be used as a punishment.¹

The Chief Inspector of correctional facilities deplores the indiscriminate and careless use of special cells in some institutions.²

Prisoners in solitary confinement have the same access to physical activities as other prisoners (PSI 75/2011).

HM Chief Inspector of Prisons found that in most of the institutions visited, there was a lack of daily access to telephones, showers, outdoor physical activities or any other form of activities.¹

Under Prison Rule 45 (YOI 49), as many activities as possible, excluding communal activities, should be maintained for prisoners in solitary confinement. Distance learning and work that can be carried out in cells is encouraged. Certain rights or privileges, such as possession of a television, radio or CD player, contact with fellow inmates or access to physical activities, are used as incentives, rewards or punishments.¹

The maintenance of family ties is guaranteed¹, excluding prisoners who have been downgraded to the basic IEP level (incentives and privileges) after a disciplinary sanction. In such cases, their visitation rights and mail correspondence is limited.²