The prevalence of restraints in police custody
The majority of stays in police custody were short. Where stays were longer
than 24 hours and the detainee spent the majority of the day in a single
cell in separation from others, however, this constituted a form of solitary
confinement.
Data on use of force and restraint in police custody units across the country was
however collected on the Tactical Options Reporting (TOR) system. This data
indicated the following for the six months May-October 2016 Restraints and
Incapacitating Agents were used in a total of 144 incidents, as follows:
Tasers (6 times); Spit hoods (9 times); OC Spray (Pepper Spray) (9 times), Restraint
chair (56 times) and Handcuffs.
Of the 56 uses of a restraint chair, 30 involved people detained for the purpose
of mental health assessment (Code 1M) and 33 individuals were noted as
'attempted suicide' (Code 1X). The number of people with mental health issues
amongst those subjected to the application of restraints was concerning and
needs to be looked into in more detail as a matter of urgency.
Forty-nine per cent of all restraint incidents involved detainees of non-European
ethnic origin (Mäori, Pacific Islanders, Asian and African American). This, too,
needs to be looked at in more detail.
b. The use of seclusion and restraints:
concerns by institution type
Prisons, health and disability units, children and youth residences, and police
custody suites, had issues unique to the populations which they were catering
for. These are examined below.
Prisons
The Corrections Act 2004 stipulates that prisoners can be segregated for the
security or good order of the prison (section 58(1)(a)); for the safety of another
prisoner or person (section 58(1)(b)); for the purpose of voluntary protective
custody (at the prisoner’s request) (section 59(1)(a)); for the purpose of directed
protective custody (non voluntary) (section 59(1)(b)); and for the purpose of
medical oversight to assess or ensure the prisoner’s physical or mental health.
The Act (Sub part 4) also specifies when coercive powers including the use of
force and restraints may be used.
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