5.2 The use of restraints and pepper spray Pepper spray was not in wide use when I conducted my original review of restraint practices in 2017. During 2019, according to the data provided to me, pepper spray was used 118 times, 23 of which took place at ARWCF, and one in Arohata Prison.45 In fact, ARWCF’s was second only to Christchurch Men’s Prison in its absolute number of pepper spray uses.46 Pepper spray and other chemical irritant solutions are known to cause a range of health problems including respiratory illness; ocular effects; skin burns; cardiovascular and gastrointestinal effects.47 According to the United Nations Office of the High Commissioner for Human Rights, “The use of chemical irritants can temporarily cause breathing difficulties, nausea, vomiting, irritation of the respiratory tract, tear ducts and eyes, spasms, chest pains, dermatitis or allergies. In large doses, it can cause necrosis of the tissue in the respiratory tract and the digestive system, pulmonary oedema and internal bleeding. There is also the possibility of burns or other injury resulting directly from the solvents if they have not evaporated before contact with skin”.48 People with certain health conditions, including asthma, chronic pulmonary obstructive disease, high blood pressure (hypertension) and heart disease, may be more susceptible to adverse health effects.49 Recent studies suggest that chemical irritants may also have gender-specific effects, including a possible link between exposure to CS gas and disruptions to the menstrual cycle. 50 45 Data subsequently provided to me by Corrections on 13/10/21indicates that the number of incidents involving the deployment of pepper spray was actually even higher, with 32 deployments. 46 By way of comparison, in England and Wales the use of PAVA (another type of chemical irritant) was approved for use in four prisons as pilot sites in April 2020. In the year to April 2021, PAVA was used 81 times in these four prisons (with a total population of 3,813 people). There are currently no plans to roll out its use in women’s prisons. See Prison Reform Trust dedicated webpage at: http://www. prisonreformtrust.org.uk/WhatWeDo/Projectsresearch/PAVA (Accessed 21/721) 47 Rothenberg, C., Achanta, S., Svendsen, E. R., & Jordt, S. E. (2016). Tear gas: an epidemiological and mechanistic reassessment. Annals of the New York Academy of Sciences, 1378(1), 96–107. https://doi.org/10.1111/nyas.13141 48 Office of the United Nations High Commissioner for Human Rights (OHCHR) (2020) Guidance on less- lethal weapons in law enforcement, United Nations, Geneva. At section 7.2.5. 49 Centre for Applied Science and Technology (CAST), UK Home Office (2014) Comparison report on CS and PAVA Sprays, Publication Number: 24/14. 50 Mahfud, Y., Samuel, A., Çelebi, E. and Adam-Troian, J. (2020) The link between CS gas exposure and menstrual cycle issues among female Yellow Vest protesters in France medRxiv 2020. 49

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