Human rights case blocks use of pepper spray to fight jail violence

PLANS to equip all prison officers with a form of pepper spray to combat soaring violence are being blocked by a legal challenge which claims it breaches criminals’ human rights.

The Equality and Human Rights Commission (EHRC) is funding a prisoner’s High Court bid to prevent the “irresponsible” roll-out of PAVA spray to all jails: it is being piloted at four.

Rebecca Hilsenrath, EHRC chief executive, claimed that if the Ministry of Justice (MOJ) goes ahead, PAVA “will be used excessively and inappropriately and will not reduce overall levels of violence”. At the same time, the MOJ is facing threats of a walk-out by prison officers who are frustrated at delays to extend the pilot to all 122 prisons.

Rory Stewart, then prisons minister, had promised £2 million to start the roll-out early this year but this week the Prison Officers Association (POA) has been in crisis talks with the Government over the failure to do so.

Asked what action it might take, chairman Mark Fairhurst said “nothing is ruled out or in. We have had 6,000 assaults on staff since the roll-out was promised. How many could have been prevented if we had PAVA as a deterrent? Every day many of our members are risking life-changing injuries.”

He challenged how an organisation that had no experience of violence within a jail could prevent prison officers defending themselves. An interim relief hearing by the unnamed prisoner, who is disabled, will take place on June 13. It will also consider if PAVA should be removed from the pilot jails pending the challenge’s outcome.

Ms Hilsenrath said: “We agree entirely that the safety of prison officers and other prisoners must be a matter of the highest priority. In order to protect other people’s rights, we must offer that protection only after balancing all proper considerations. The MOJ has failed to properly consider their own evidence. We hope this legal challenge will stop the irresponsible roll-out.”

The MOJ said PAVA would only be used to reduce the risk of serious harm, after “appropriate” training. It said it had always maintained the roll-out would go ahead over two years.