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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: The National Offender Management Service, England & Wales are interested in understanding if and how incapacitant sprays such as CS, pepper or PAVA spray are used in prisons across Europe.
no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray. Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray? What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force? Can you provide details of any evaluation into the use of incapacitant sprays within prisons?yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.PAVA has been deployed on one occasion during an incident in HMP Grampian. Operational Support Staff in the National Incident Command teams are trained to use it . It is not routinely carried but can be deployed on the sole authority of the Incident Commander.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?As above. PAVA can only be deployed on the authority of the Incident Commander.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?As above.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?N/A
no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray. Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray? What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force? Can you provide details of any evaluation into the use of incapacitant sprays within prisons?yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.CS gas is always locked away, and it is only permitted to use it, if an inmate has blocked the cell and the staff is prohibited in accessing the cell. Staff is authorized to use it with permission from officer in charge. Staff has to be given special permission/instruction in order to carry pepper spray.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?In our special units/maximum security facilities staff has to carry pepper spray at all times. It is permitted to carry pepper spray when transporting the inmates (outside closed prisons). “Batons and pepper sprays may be carried only if there is a concrete situation of particular risk which may necessitate the use of batons or pepper sprays. Batons or pepper sprays may only be handed out by permission from the director of the institution or the person so authorized”.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?Before a pepper spray or CS gas is used, the relevant inmate must be informed, if possible, that a pepper spray or CS gas will be used unless staff orders are obeyed. It must be ensured in so far as possible that the inmate is able to obey the order. Pepper spray and CS gas may only be used, when other less coercive measures have been tried.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?After a trial period with pepper spray in 2009, we made an evaluation. It showed that pepper spray had a good preventive effect and the number of power applications dropped considerably. Our National Human Rights Organization made a report about pepper spray in prisons recently. The report is about 100 pages (in Danish).
no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray. Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray? What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force? Can you provide details of any evaluation into the use of incapacitant sprays within prisons?no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray. Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?In closed correctional institutions security staff wears OC spray while performing their everyday tasks as integral part of their equipment, as a rule on all working places. In semi-open and open type of correctional institutions OC spray is not a regular part of standard equipment. Carrying of the OC spray is defined by the description and list of tasks of each working place of the Security department in the correctional institutions.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?Application of OC spray is allowed in situations which are according to the legal preconditions for application of means of force. As a rule, it is applied as a first resort. OC based agent in special charging is exception and it is used only in specific and complex incident situations (violation of security by a larger number of prisoners). Application of such agents, among other, must be ordered by director of correctional institution.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?Evaluation of application of OC spray is still in progress.
no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray. Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray? What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force? Can you provide details of any evaluation into the use of incapacitant sprays within prisons?no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray. Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray? What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force? Can you provide details of any evaluation into the use of incapacitant sprays within prisons?This content is only available to registered members of EuroPris.
no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.In Finland we use only OC - sprays (oleoresin capsicum). All the prison officers who are trained to use the OC-spray by The training Institute of Prison and Probation Services.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?Normally they can carry OC-spray in every day work – inside and outside the prison. The prison officers carry in every work Sabre OC-sprays (MK 3,5 and MK 4/ cone/stream/gel) for use of force and self defence. In some prison there can be also Sabre MK 9 – sprays for use of force ( cone/stream/gel), but the prison officers don´t carry those spreys in every day work.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?If prison officer use oc-spray in work, he/she has to do the written report to the Central Administration of Criminal Sanctions Agency. Using force is always the last thing – including use OC –spray. The prison officers have work by the law – so if it´s necessary to use of force – they can use man power or if they have to for example oc-spray. And it´s really rare in Finland.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?No.
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yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.The Norwegian Correctional Service has statutory authority to use OC-gas (pepper spray) and CS-gas as coercive measures. The use of coercive measures in prison is regulated in § 38 of the Execution of Sentences Act. The Correctional Service may make use of gas, a security cell; a restraining bed, or other approved coercive measure in order to a) Prevent a serious attack on or injury to a person, b) Prevent the implementation of serious threats or considerable damage to property, c) Prevent serious riots or disturbances, d) Prevent escape from prison, during transportation to or from a destination, e) Prevent unlawful intrusion into a prison, or f) Secure entrance to a closed or barricaded room. The Correctional Service shall use coercive measures only if the circumstances make this strictly necessary, and less forceful measures have been attempted in vain or will obviously be inadequate. Coercive measures shall be used cautiously so that no person shall unnecessarily be injured or made to suffer. Gas may be issued when the situation seems to require it and only on the decision of the governor of the prison. Before gas is used, the staff shall, if the situation permits it, try to explain to the person concerned what he is doing wrong and inform him that gas will be used if he does not desist. Gas may only be issued to employees who have been properly instructed and trained in its use. Employees must have undergone theoretical training in the form of instruction in the use of gas. In addition, they must have been trained in the practical use of the gas canister. High-security prisons normally have pepper spray available for use in the prison, and the necessary number of staff will receive sufficient training. In lower-security prisons, the governor of the prison can assess the need for coercive measures of this nature. The Correctional Service of Norway Staff Academy conducts basic training for employees in the use of coercive measures. In addition, the employees shall practise using coercive measures at least once every year. The regional level is responsible for ensuring that there are instructors who can maintain practical training for staff in the use of coercive measures.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?Gas shall be stored safely under lock and key. All coercive means shall be stored and maintained such that they can be deployed without delay. When gas canisters are handed out, the staff shall be reminded that gas shall only be used when it is absolutely necessary and in accordance with these rules.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?Se question 1
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?No evaluation has been conducted. The use of OC-gas was authorised in September 2015. The prisons have not yet received the gas, due to the fact that the procurement of the gas has not been finalized. CS-gas has been in use for more than ten years, but the number of incidents were CS-gas is used is low. In 2015 there were 7 incidents were gas was either used or it was threatened to use gas. No negative incidents regarding the use of CS-gas have been reported.
yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.Authorization to carry these tools can only be given to staff members who possess the required qualifications and has undergone training. According to Act CVII of 1995, the professional members of the prison service can and shall implement coercive measures determined by the Act if no alternative measures can be used. Civil servants of the prison service may be - upon their request and after due training - supplied with tear gas sprays.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?The rules relating to carrying and using tear gas sprays are determined by the governors of the institutions in the service regulations.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?Such coercive tools can be used to repel or avoid attacks that would otherwise threaten the life, health, personal freedom of a person or cause collateral damage or to force the prisoners to cooperate when they are actively resisting certain measures.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?No such evaluations have been made as of yet.
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yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.We use only PAVA sprays.Only trained staff; the staff has to complete a training program 3 times a year.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?No. It is a special authorization necessary. We have specific rules for carrying und using the spray. The head of the institution decides on the use of the spray in special situations. This special situations are the nightshift, transportation of prisoners, escort dangerous prisoners outside the prison or after the request of the staff, if a present danger can´t be warded with physical violence. The spray is kept in locked cabinets.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?We use the spray, if physical violence is not able to defence a present danger; last resort.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?No, there is no use of PAVA to date, only carrying. That is the reason, why we have no evaluation.
yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.The staff members who are allowed to use CS, pepper or PAVA sprays are noted in the Regulations No.283 of the Cabinet of Ministers dated June 9, 2015 “Order in which Prison Administration Officials use special means”. According with Section 3 of these regulations a special mean is given to an official, who has been trained in using special means, to carry out their duties (inmate transfer and security to heath treatment facility outside prison; when carrying out inspection and examination of transport coming in or going out of the prison etc.). Thus, CS, pepper or PAVA spray can be given to any official of the Latvian Prison Administration if they have been trained in using special means and if the incapacitating spray is necessary for carrying out their duties.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?Those officials who carry out the transfer and security of an inmate to a treatment facility outside prison always carry incapacitant spray in a special harness or a holster on the belt. They return the incapacitant spray at prison after finishing their duty.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?According with Section 8 of the Regulations No.283, the kind of special means and intensity with which it is used is decided by the official after taking into consideration the situation, danger, consequences, individual characteristics of the inmate or other person to limit the harm of the special mean. Special means against another person are used only in order to detain them.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?The rights of officials to use special means are governed and determined by the Prison Administration Law. According with this law an official in prison as well as when transporting an inmate to a treatment facility outside prison, or securing an inmate in a treatment facility outside prison has the right to use special means in order to: 1) repel an attack on oneself or other persons; 2) repel an attack on buildings, premises, structures and transport equipment or to clear forcibly occupied objects; 3) free hostages; 4) prevent civil disorders; 5) detain a person who does not submit to or resists the official, may run away or cause harm to himself or herself and other persons (if there is a reason to believe so); 6) stop an escape attempt of detained or sentenced persons. An official is prohibited from using special means (except handcuffs) against women, minors and disabled persons with obvious signs of disability except in cases when such persons participate in a group attack, endanger the lives or health of the official, employee or other persons, or show armed resistance. Prior to the utilisation of special means, a warning regarding the intent to use special means shall be given if the circumstances and situation allow for such warning. According with Section 25 and 32 of the Regulations No.283 of the Cabinet of Ministers dated June 9, 2015 “Order in which Prison Administration Officials use special means” liquefied gas canister / irritating or incapacitating substance spraying or shooting device is used in order to temporarily disorientate an inmate, third person or an animal.
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yes
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.The establishment has tear gas (gel and gas).
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?The staff is authorised to use tear gas for the necessity to maintain order in the establishment.
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?The tear gas is stored in armoured cabinets; only the director, deputy director, detention chief and first wardens are authorised to equip the staff, with the scope of moderate intervention, for the necessity to maintain order in the establishment.
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?There is no evaluation of their use.
no
If yes, please detail which staff have authorisation to carry CS, pepper or PAVA spray.No, it is not provided for by the law currently in force.
Do these staff carry it at all times, in every part of the prison or are there specific rules relating to carrying/using the incapacitant spray?N/A
What is the procedure for administering CS, pepper or PAVA spray and how does this fit with wider policy on use of force?N/A
Can you provide details of any evaluation into the use of incapacitant sprays within prisons?N/A