cases, there was video footage, but no sound, making it difficult to work out the
chain of events leading to the UoF. It was not clear to me in some cases why force
was deemed to be necessary or that its use followed good practice. For example,
in one case a prisoner who refused to relocate from his cell was first pepper
sprayed and then restrained, and when he complained that he couldn’t breathe,
the officer restraining him responded dismissively, ‘yes you can’. In another case,
a man’s arm was broken during restraint, yet he was left in prone position until
medical staff arrived. Such incidents are very concerning.
Key Recommendations for the Department of
Corrections
• The large divergence between prisons in when and why segregation is used
should be examined.
• Regime provisions in segregation need to be improved, including some
flexibility in the use of individual exercise yards where these are attached to
segregation cells; enabling more family visits and contact with friends and
family, including more flexible use of telephones and audio-visual contact;
providing more access to programmes and things to do.
• Cell cameras must exclude the toilet (and, where available, shower) area.
• The use of anti-ligature clothing and bedding should be reviewed and
reconsidered.
• The disproportionate number of Mäori and Pacific Peoples in segregation units
needs to be investigated as a matter of urgency.
• Potential bias in decisions to segregate should be investigated.
• Segregation units should be staffed by experienced staff, well versed in
de-escalating challenging situations.
• Staff working in segregated environments should receive specialist mental
health training.
• Mealtimes should reflect those in wider society.
• Force should only be used when absolutely necessary, and only the least
necessary force should be used (Section 83(1) of the Corrections Act should
correspondingly change from ‘reasonably necessary’ to ‘absolutely necessary’).
• The value and benefit of On-Body-Camera for staff’s own safety and integrity
should be highlighted in staff training, and more emphasis placed on their
correct use.
• The significant increase in the use of mechanical restraints, and pepper spray,
needs to be investigated as a matter of urgency, including variation between
prisons.
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