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