Prisoners live in a safe, secure and well-ordered environment where positive behaviour is demonstrated, promoted and acknowledged. Unacceptable conduct is dealt with in an objective, fair, proportionate and consistent manner.

Encouraging positive behaviour

36. Prisoners are encouraged to behave constructively.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Prisoners’ positive behaviour is promoted and acknowledged.
  • Progress and reward schemes are motivational, fair and take account of individual needs.
  • Behaviour is reviewed regularly and prisoners are able to demonstrate progress.
  • Staff support prisoners to change their behaviour, giving them advice and opportunities to behave constructively.
  • Prisoners know they can appeal decisions about reward schemes and are helped to do so.
  • Consultation with prisoners about reward schemes is regular and responsive.
  • Prisoners have individualised plans aimed at keeping them and others safe, which are reviewed regularly.
  • Staff are familiar with prisoners’ individual plans and strategies.

37. Restrictions put in place to manage behaviour are necessary, proportionate, properly authorised and reviewed regularly.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • All restrictions are necessary and proportionate and are authorised by a governor grade.
  • Decisions to impose restrictions take into account the impact on the prisoner, given their particular circumstances.
  • Prisoners are not deterred or prevented from accessing a full regime through any restrictions.
  • There are no unofficial or collective punishments.
  • Unlock levels and use of personal protective equipment (PPE) are proportionate to the individual risk posed, and properly risk assessed.
  • High control cells are properly authorised by a senior manager and are only used for the shortest possible time and for appropriate reasons. They take into account any particular vulnerability of the prisoner.
  • Reviews of the use of high control cells take place daily by a senior manager to ensure their continued use is necessary and proportionate.

38. Prisoners are only segregated for appropriate reasons and for the minimum time necessary. They are kept safe and their individual needs are recognised and given proper attention.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Prisoners are not placed in segregation except as a last resort, for as short a time as possible and subject to proper authorisation.
  • Prisoners are informed of the reasons for their segregation in a format and language they understand.
  • When prisoners are segregated, health staff promptly assess their needs, including the impact on the prisoner’s mental health. Health staff contribute to care plans and prisoners receive assertive mental health support and regular review.
  • Prisoners are able to have meaningful conversations with a range of staff every day and the opportunity to speak in confidence with a senior manager, a health care professional and a chaplain.
  • Staff are vigilant in detecting signs of decline in mental health, mitigate the social isolation inherent in segregation and actively seek alternative locations.
  • Reviews are regular and multidisciplinary; prisoners can attend and there is a clear focus on meeting individual need and providing care and support for segregated prisoners.
  • Prisoners with severe mental illness and prisoners at risk of suicide or self-harm are only segregated in exceptional circumstances, which are clearly documented and justified on the authority of the governor.
  • Segregated prisoners are not strip-searched or squat-searched unless there is specific, reliable intelligence and proper authorisation which is documented and reviewed. Any search is carried out safely, in appropriate conditions and with every effort to protect the dignity and respect of the prisoner.
  • The number and relevant skills of staff considered necessary to unlock individual prisoners in segregation are reviewed in a risk assessment, which is properly authorised and recorded.

39. Segregated prisoners are encouraged to access an equitable range of purposeful activities and can shower and use their phone daily.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Segregated prisoners have a predictable regime which includes daily access to telephones and showers.
  • Prisoners have appropriate activities to occupy and stimulate them in their cells.
  • Subject to individual risk assessment, prisoners can access peer supporters and the same facilities, regime activities and privileges as elsewhere in the centre.
  • Prisoners have access to at least one hour of outdoor exercise every day and can exercise together, subject to risk assessment.

40. Prisoners are subject to disciplinary procedures which are fair and proportionate and follow due process. Prisoners understand the charges and procedures they face.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • Disciplinary procedures are used as a last resort. Prisoners are not charged with any offence unless and until staff investigate the incident and the circumstances surrounding it and consider the prisoner’s capacity, mental health and well-being.
  • Prisoners understand the charges and procedures they face and can make representations.
  • The individual and cumulative impact of punishment, together with other discipline or security measures in place, are considered to make sure prisoners are never subject to a regime that amounts to solitary confinement (see notes and references, note ii).
  • Punishment does not interfere with a prisoner’s contact with their family or people significant to them.
  • Adjudication hearings are held in a calm and non-threatening environment.
  • Hearings include multidisciplinary input from others who are supporting the prisoner to ensure their behaviour is understood and that punishments do not interfere with rehabilitative work.
  • Prisoners are routinely offered legal advice, encouraged to take it and are provided with enough time to seek it.
  • Following adjudication hearings, staff provide ongoing support and motivation to the prisoner to make positive changes to their
  • Managers routinely quality assure adjudication procedures and outcomes, including through data analysis, to check they are appropriate and fair.
  • Managers use adjudication data to identify and understand causes and themes in underlying behaviour. They put in place plans to address them across the prison.

Use of force

41. Force is only used against prisoners as a last resort and never as a punishment. When it is used, force is legitimate, necessary, proportionate and subject to rigorous governance.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • There is a use of force minimisation strategy in place that involves the separation centre and includes the dissemination of good practice in avoiding the use of force.
  • Staff have up-to-date training in approved use of force methods.
  • Staff routinely use de-escalation techniques.
  • Body-worn video cameras are used to film spontaneous use of force incidents and as a de-escalation tool. Footage is available for review.
  • Prisoners with challenging behaviours, including as a result of past abuse, trauma, disability or personality disorder, have care plans which highlight risk factors and set out alternative management protocols which reduce the likelihood of restraint techniques becoming necessary.
  • A handling plan is in place for individual prisoners with a medical condition who may be adversely affected by restraint. All staff are aware of the information in the plan and use it during restraint.
  • Planned use of force is properly authorised and force is only ever used when all other avenues of persuasion have been exhausted.
  • Health staff recognise the risks associated with restraint and brief staff appropriately for all planned interventions.
  • Health staff independently monitor and assess a prisoner’s physical health during and after any use of force incident. All required treatment and interventions are initiated promptly, including consideration of the prisoner’s well-being.
  • All prisoners subjected to force are given the opportunity to talk about their experience with someone not involved in the incident as soon as possible after it has happened.
  • The use of personal protection equipment by staff is proportionate to the risks posed and is reviewed regularly by senior managers.
  • Handcuffs are only used when there is evidence that it is necessary and proportionate and when properly authorised.
  • Use of force data are recorded and monitored and emerging patterns and trends identified and acted on.
  • Use of force documentation is completed promptly.
  • Use of force documentation and associated CCTV or video footage is retained appropriately and is scrutinised by senior managers to identify good practice, disproportionate behaviour, opportunities for improvement and possible ill-treatment.
  • Staff are always clearly identifiable during a use of force incident.
  • Medical assistance is provided to treat any person injured as a result of the use of force or restraint techniques.

42. Prisoners are only located in special or unfurnished accommodation or placed in handcuffs or strip clothing as a last resort, with proper authorisation and with measures taken to protect their dignity.

The following indicators describe evidence that may show this expectation being met, but do not exclude other ways of achieving it.

  • The use of any cell from which normal furniture, bedding or sanitation has been removed is authorised and recorded as a use of special/unfurnished accommodation.
  • Prisoners with severe mental illness or at risk of suicide or self-harm are not held in special or unfurnished accommodation except in clearly documented exceptional circumstances, on the authority of the governor and in consultation with the mental health team.
  • Monitoring of prisoners in special or unfurnished accommodation is carried out at frequent and irregular intervals.
  • Staff encourage and support prisoners to return to a normal cell at the earliest opportunity.

Human rights standards

In relation to expectations 34 to 40: segregation of prisoners must only be used when absolutely necessary, for the shortest possible time, and when proportionate to the desired outcome. Prisoners should be held with no more security restrictions than necessary to ensure safe custody and good order. Prisoners must understand the rules that apply to them. Conflict prevention, mediation or other forms of alternative dispute resolution should be used where possible and disciplinary procedures should be a last resort. Prisoners must always have the charges against them explained in a way they understand and be able to seek legal advice. Any punishments should be proportionate to the severity of the offence and there must be no collective or unofficial punishments. There must be clearly defined procedures and justifications for conducting searches, and they must be conducted in a manner which respects human dignity and privacy, as well as the principles of proportionality, legality and necessity. In addition, detainees must be able to complain about their treatment, in confidence if they wish, without fear of negative consequences. Because of the harm that can be caused by segregation, specific and additional safeguards need to be in place, including regular reviews of the reasons for segregation and daily visits from health care staff. Segregated detainees must have at least one hour of exercise and two hours of meaningful human contact each day. See ECHR 3, 5, 6, 7, 8; CAT 1, 2, 16; ICCPR 7, 10; CRPD 15; EPR 30, 53–53A, 56–60.5, 64–66, 68-69; SMR 36–41, 43–49, 67, 83, 95.

In relation to expectations 41 to 42: human rights standards allow for the use of force and restraint only when absolutely necessary and as a measure of last resort. They should never be used as a means of punishment. The force or restraint used must be the minimum necessary and for the shortest possible time. There must be clear procedures governing the use of force and restraint and staff must be trained to use techniques that minimise the use of force. See ECHR 2, 3, 8; ICCPR 6, 7, 10; CAT 2, 10, 12–13, 16; CRPD 5–7, 10, 15, 16, 25; EPR 60.3, 60.6, 64.1–66, 68–69; SMR 36, 43–49, 76c–d, 82; BOP 1, 6, 33.1, 34.