Policy and Guidance for the Operational Deployment of Pava Hand-held Personal Incapacitant Spray (Northern Ireland Prison Service) (2006) (English)
Northern Ireland Prison Service
POLICY AND GUIDANCE FOR THE OPERATIONAL DEPLOYMENT OF
PAVA HAND- HELD PERSONAL INCAPACITANT SPRAY
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Use of Force
1.7 PAVA should not be seen as a replacement for other “Use of Force” options, rather it increases the options available to officers. Officers should not rely on PAVA to the exclusion of other control methods. The principle remains that, recourse to the use of force, including Control and Restraint techniques, is to be regarded as the last resort, when all other methods have been tried or judged unlikely to succeed. An officer may need to resort to the use of another tactic or item of equipment if PAVA is used but does not have the intended effect.
1.8 As with any hostile situation, staff should, if practicable, use inter-personal skills and other techniques to attempt to de-escalate the situation, and negate the need to consider the use of force. However, it should be remembered that these techniques will only be successful where staff are in a position to reason with the perpetrator(s), and the perpetrator(s) is/are open to influence.
1.9 As with all “Use of Force” incidents, the case for PAVA will require testing against the following criteria:
- Are there reasonable grounds for believing that force is necessary under the prevailing circumstances?
- Is the force reasonable, and proportionate in the specific circumstances?
1.10 The use of an incapacitant spray may be appropriate against those subjects offering a level of violence which cannot be appropriately dealt with by lower levels of force. PAVA is primarily designed for dealing with violent subjects who cannot otherwise be safely restrained. It may be used for the defence of personnel, other persons, or as part of a planned operation. It is expected that any person sprayed will have acted in such a way as to justify their arrest or restraint.
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Procedures for Deployment
4.1 The use of any form of force must be judged in relation to the level of resistance or violence to which an officer is subjected. Varying levels of aggression and violence require various responses from NIPS, which must be transparent and justifiable, ensuring that the use of force is always “absolutely necessary, proportionate and reasonable in the circumstances”.
4.2 De-escalation techniques must first be used and a Direct Order given in an attempt to persuade the prisoner to comply peacefully with the instructions/order. Only in circumstances where the use of force is clearly required will the use of incapacitant spray be considered.
4.3 Deployment and use of the device must form part of a graduated response, which demonstrates that its use is absolutely necessary, reasonable and a proportionate response to the situation faced.
4.4 Only currently trained Control and Restraint instructors may use the device once authority has been given; staff will not be permitted to issue/use the spray on their own initiative. The request for issue and the subsequent use of the incapacitant will be dependent on permission from the Director of the NI Prison Service or the Deputy Director of Operations, based on the Incident Commander’s assessment, and that of his staff, of the situation, and this must include a comprehensive written risk assessment (attached at Annex A) which will examine:
- situation/incident background;
- causal factors;
- whether or not there is significant risk of injury to staff, prisoner(s) or others that necessitates intervention;
- whether or not there is a pressing requirement on the grounds of good order and discipline;
- whether or not the situation warrants urgent deployment of staff to situation;
- the subject(s) has access to any weapons;
- the history of violence against staff/others by the subject(s);
- whether or not any threats have been made by the subject(s);
- any intelligence that suggests violent intent;
- available Service response (including Healthcare personnel);
- the risk of the incident escalating;
- any alternative interventions considered/available;
- medical implications (whether use of an incapacitant would have an adverse reaction);
- the aftercare available;
- any other information available.
4.5 A complete record of the incident must be kept on the appropriate Control and Restraint reporting form. This must detail the graduated and appropriate response to the levels of aggression and violence shown which has led to the consideration of PAVA, the deployment of the tool and the follow up procedures.
Operational Procedures
4.6 Once a risk assessment has shown that deployment is necessary, and the appropriate authority for use has been given by the NIPS Director or the Deputy Director of Operations, a final direct order should be issued, including a warning similar to, but not restricted to, “Is there anything I can reasonably do or say that will allow you to carry out my order? If you do not comply, then appropriate levels of force may be used including the use of incapacitant spray.” (It is accepted that this may not always be possible or operationally appropriate, but instructors using the spray will be required to provide a full justification).
4.7 If a subject is encountered for whom English is not their first language, or who has hearing difficulties, or any other communication issues, every effort must be made by any means available to communicate effectively with them prior to deployment of the device unless this would endanger the subject, staff or others.
4.8 The spray will not be used against:
- a subject armed with a firearm;
- juveniles, i.e. those under 18 years of age;
- females (or in the immediate presence of females);
- subjects on the roof or other area “at height”;
- any subject who has been subjected to CS spray in the previous 24 hours; or
- any subject whose safety would be placed in jeopardy due to being subjected to its use.
4.9 Where a subject is actually holding a firearm the effects of the spray may cause him to fire indiscriminately. However, if the firearm is merely close to hand, the spray may prevent a subject from arming themselves. Because of the extreme dangers, use in such circumstances should be carefully considered.
4.10 Guidance will be sought from healthcare staff as to medical implications prior to issue. Healthcare staff who have been trained in aftercare must be available immediately after use of the device to offer aid as required. They will not be present at the event itself. Staff detailed Control Roles will be briefed as to the effects of the incapacitant and subject aftercare requirements.
4.11 During the trial period the Incident Commander must arrange for the incident to be video-recorded. After the conclusion of the incident, a copy of the recording is to be provided to the NIPS Director or Deputy Director of Operations who will ensure its transmission to the Prisoner Ombudsman. The original copy will be subject to PACE procedures.
4.12 It is accepted that there may be incidents in which video-recording is not physically possible. Exceptions must be agreed with the NIPS Director or the Deputy Director of Operations when authorisation for use is given. The Incident Commander must also ensure that an explanation and reason for not video-recording are documented on the appropriate C&R reporting form.