Latest news with #PavaSpray
The Guardian
18-06-2025
- Politics
- The Guardian
Pepper spray use in youth prisons irresponsible amid racial disparities, watchdog warns
The rollout of synthetic pepper spray for use to incapacitate jailed children is 'wholly irresponsible' while black and minority prisoners are more likely to be subjected to force than white inmates, a watchdog has said. Elisabeth Davies, the national chair of the Independent Monitoring Boards, whose members operate in every prison in England and Wales, said the justice secretary, Shabana Mahmood, should pause the use of Pava spray in youth offending institutions (YOIs) until ministers had addressed the disproportionate use of force on minority prisoners. 'There is clear racial disproportionality when it comes to the use of force,' she told the Guardian. 'It is therefore, I think, wholly irresponsible to expand use-of-force measures before disproportionality issues are addressed.' Mahmood authorised the rollout of Pava across YOIs in England and Wales in April amid growing demands from the Prison Officers' Association (POA) to protect staff from attacks. The government's 'use of force' evaluation report, published in April, found black prisoners were nearly twice as likely as white prisoners to experience Pava and baton use. Using official data to March 2023, the report found that 409 of every 1,000 black inmates were subjected to use of force, compared with 208.6 per 1,000 white prisoners. Davies urged ministers to hold back on rolling out Pava spray in the youth system until the racial disparities were properly addressed. 'We've got evidence that the growing reliance on visible weapons – such as the rollout of Pava spray in the male youth state and the trial of Tasers in the adult male prison state – is deeply concerning for people with lived experience,' she said. 'Our board members have been told that the visible presence patterns make [prisoners] feel constantly afraid, and that's increasing tension rather than easing it.' According to the IMB's national annual report, released on Wednesday, black prisoners at HMP Elmley on the Isle of Sheppey in Kent were significantly more likely to have force applied to them than white prisoners. At HMP Birmingham, the category B jail once known as Winson Green, there was evidence of 'clear racial disparities in the use of force', despite the diversity of prison staff and the introduction of cultural awareness training. Amid a deepening overcrowding crisis, some prison officers will be trialled with stun guns this summer, while the Conservatives have said some should be given access to live ammunition. It follows an attack on three officers at HMP Frankland by Hashem Abedi, a terrorist involved in the Manchester Arena bombing. Davies said prison officers showed 'remarkable bravery' in challenging conditions but the majority of assaults were actually between inmates. 'We're seeing violence driven by overcrowding, by mental health crisis and rapid drug use,' she said. 'One of the most effective ways to reduce violence is through strong and respectable relationships between staff and prisoners.' Squirted from a canister, Pava spray, or pelargonic acid vanillylamide, causes searing pain and discomfort in the eyes for about 40 minutes and a burning sensation to skin. It was rolled out in men's prisons in England and Wales in 2018. There are three publicly run YOIs and one that is privately run, holding young offenders up to the age of 21. According to government statistics covering 2022, most children in prison were from ethnic minorities. Data obtained in April by the Howard League through freedom of information requests showed that black men were almost three times more likely to be sprayed with Pava than white men in prison, and young black men under the age of 25 were five times more likely to be sprayed than their white counterparts. Responding to Davies, Mark Fairhurst, the national chair of the POA, said IMB members were 'not the ones on the receiving end of life-changing injuries' from violent youths. 'It would be wholly irresponsible of the government not to give my brave colleagues the protections they need when dealing with violence,' he said. 'Using the ethnicity or age of offenders to excuse their violent behaviour is shameful … Nobody should ever enter their workplace and be expected to become a victim.' A Youth Custody Service spokesperson said: 'Pava will only be used as a last resort to protect staff and young people from serious harm, such as violent incidents involving weapons. Staff will receive specialist training, and every use will be closely scrutinised with strict controls in place.'
BBC News
22-05-2025
- BBC News
Donald Burgess' knife was threat, accused PC tells court
A police officer believed an amputee who threatened to stab care home staff had "ample opportunity" to drop his knife before he was Tasered, a court has Stephen Smith told Southwark Crown Court that he did not see that Donald Burgess, 92, was disabled and in a wheelchair before he used Pava spray, and then a baton before making an police officer, aged 51, and PC Rachel Comotto are accused of using excessive force on Mr Burgess, who had one leg, at Park Beck care home in St Leonards-on-Sea in June Smith denies two charges of assault and PC Comotto, 36, denies one charge of assault by discharging her Taser at Mr Burgess. Mr Burgess was taken to hospital after his arrest and later contracted died 22 days later aged 93, and the PCs are not accused of being responsible for his death. Jurors were previously told the care home had called 999 after Mr Burgess reportedly grabbed a cutlery knife and said he wanted to murder the site manager with a cutlery Smith told jurors: "The way he had been threatening staff members - the threat was the knife, to the staff there, and also to himself."The court heard both PC Smith and PC Comotto repeatedly asked Mr Burgess to drop the knife and PC Smith warned him he would be sprayed or Tasered if he did Smith told the court he believed Mr Burgess "could clearly understand what we were saying to him".In the Sussex Police "use of force form", which PC Smith filled out shortly after the incident, he wrote Mr Burgess was "given ample opportunity" to drop the knife. Jurors heard on Monday that PC Smith allegedly emptied a canister of Pava incapacitant spray into Mr Burgess's face and struck him with a baton before PC Comotto deployed her Thursday, Smith denied this and said he used a "short burst" of Pava on Mr Burgess."I just wanted the knife out of the gent's hand", PC Smith said, adding that he tried to "knock the knife out of Mr Burgess's hand" by using the baton. Ian Mills, a police use-of-force adviser, later testified for the defence that PC Smith's actions "though difficult to watch, was generally in accordance with his training".Mr Mills agreed PC Smith used his baton with "minimal force" and said police officers make "split-second decisions based on their perception of the circumstances" and "without the benefit of hindsight".The two officers made a "tactical error" in failing to "fully explore avenues of information before entering the room" such as by talking to the care home staff about Mr Burgess, Mr Mills say the force used against Mr Burgess was excessive and unnecessary given his age and physical trial continues.
The Independent
21-05-2025
- The Independent
Police ‘joked about using full can of pepper spray' on disabled 92-year old care home resident
Two police officers joked about using a full can of Pava spray on a 92-year-old care home resident who had just been tasered and arrested, a court has heard. Body-worn video footage of officers in the moments after Donald Burgess, a single-leg amputee and wheelchair user, was restrained was shown to jurors. The care home resident was staying at Park Beck care home in St Leonards-on-Sea, East Sussex. Pava spray is a synthetic-made pepper spray that many forces in the UK now use in place of the traditional gas spray. Pc Stephen Smith, 51, and Pc Rachel Comotto, 36, are on trial at Southwark Crown Court accused of assault occasioning actual bodily harm after allegedly using excessive force on Mr Burgess in June 2022. Smith is charged with two counts of assault, relating to his use of Pava spray and a baton, while Comotto faces one count for discharging her Taser. Earlier this week, jurors heard how Smith allegedly emptied a full canister of the incapacitant into Mr Burgess's face, struck him with a baton, and how Comotto deployed her Taser – all within 83 seconds of entering his room. On Wednesday, the jury was shown fresh body-worn camera footage from the aftermath of the incident. In one clip, Comotto is seen laughing and asking Smith: 'Oh my God, is there any left in your can?' Smith replies: 'Probably not.' Later, another officer outside the care home asks if Smith had used a 'Smithy special'. Smith responded by describing the incident as a 'stand-off'. 'Even after spraying he clutched on to it (the knife) to the point where I was going to knock it out of his hands,' he said. 'Just a stand-off with him – gave him all the options.' At one point, Mr Burgess, visibly distressed, told the officers: 'I'm dying.' He is then handcuffed in his wheelchair and taken outside. Speaking to care home manager Steve Cooper shortly after the incident, Comotto says: 'We don't like doing that at all, but what can you do?' Prosecutors say the force used against Mr Burgess – who had been threatening staff with a serrated cutlery knife and telling them he would take pleasure in murdering them – was excessive and unnecessary given his age and physical condition. He was seated in his wheelchair and surrounded by staff when officers entered his room and began issuing commands, jurors have heard. The footage also showed officers coughing heavily after the spray was deployed. In Comotto's body-worn footage she says: 'I just hate Pava. It's just horrible, isn't it?' In a statement given during a police interview and read to the court by prosecutor Paul Jarvis KC, the officer said: 'Our objective was clear – it was to disarm Mr Burgess as quickly and safely as possible. 'I do not believe that my use of the Taser was disproportionate. I believe he posed an immediate and significant risk to himself.' Comotto said she only learned of Mr Burgess's age after the incident and was 'very shocked', saying she thought he was much younger. 'I treated Mr Burgess with respect and courtesy before and after the force was used,' she added. The trial continues.
The Independent
20-05-2025
- The Independent
Legal bid over plans to use pepper spray in young offender institutions
The Government is being threatened with legal action over plans to allow prison officers to use synthetic pepper spray in young offender institutions. Charity Howard League for Penal Reform has sent a letter before claim to Justice Secretary Shabana Mahmood urging her to reverse the move set to be rolled out this summer. Pava spray, which is an incapacitant, is due to be made available 'in limited circumstances' to a select number of specialist staff at the three public sector YOIs holding under-18s – YOI Werrington, Wetherby and Feltham A, the Ministry of Justice announced in April. The measure, which seeks to combat rising violence from inmates, was welcomed by union bosses who lobbied for the change for prison officers to be given equipment to protect themselves. The latest figures from the Ministry of Justice show rates of assaults on staff in the YOIs are 14 times higher than within adult prisons. But the plan sparked criticism from the Children's Commissioner and the charity, which warned it was 'a serious escalation in the use of force that is permitted against children'. The spray is set to be rolled out for an initial 12 months before it is reviewed by ministers, while each use of the spray will be reviewed by an independent panel. On Tuesday, charity chief executive Andrea Coomber KC said: 'The Howard League has been preparing to take whatever steps necessary to challenge the roll-out of Pava spray to prisons holding children, including potential legal action. 'We know that Pava spray has been used inappropriately in prisons holding adults; to use it on children would be catastrophic. 'Far from keeping children and staff safe, normalising the use of violence in this way risks making conditions even worse for those living and working in prison.' The national charity is concerned there is a lack of research on the use of the spray in custody, and specifically against children, while existing research in relation to adults shows a 'myriad of potential physiological health impacts'. Ms Coomber added: 'Instead of arming staff, the way to reduce violence is to close failing young offender institutions and ensure that children are accommodated in more appropriate settings – such as secure children's homes – where they can be given the care and support they need. Prison is no place for a child.' The pre-action letter sent by lawyers on behalf of Howard League asks for the Justice Secretary to withdraw the decision and respond within 14 days, it said. The campaigners have also launched a crowd fundraiser to help them fund the challenge, which has currently raised more than £10,000. Announcing the roll-out in April, justice minister Sir Nic Dakin said: 'This Government inherited a criminal justice system in crisis. The unacceptable levels of violence faced by our brave frontline officers in young offender institutions is yet another symptom of that. 'This is not a decision we have made lightly, but our overarching duty is to keep staff and young people in custody safe. This spray is a vital tool to prevent serious violence, helping staff to focus on rehabilitation as part of our Plan for Change.' The rate of assault incidents on staff last year was 170.0 per 100 children and young people at Feltham, 182.9 per 100 at Werrington, and 167.4 per 100 at Wetherby, Ministry of Justice figures show. The rates are around 14 times the equivalent figure in adult prisons in England and Wales, which was 12.2 per 100.
