Type 1 violence: Use of force in detaining prisoners
Most domestic legal systems, in harmony with the European Convention for the Protection of Human Rights and Fundamental Freedoms, accept that it is sometimes necessary to use force, including deadly force, to secure the arrest of a person or to prevent an escape from lawful custody. Equally, the maintenance of order in a penal establishment may, from time to time, require the use of force. In all these cases, however, the law requires that the level of force used be no more than strictly necessary (European Prison Rules, hereafter EPR, Rule 63.1) to achieve the legitimate aim involved. This is a question of fact, to be decided in the individual circumstances of each case and taking account of all relevant factors, for example:
the degree of risk posed by the person against whom force is used
the age and size of, and possession of any weapons by the person
the availability of non-violent methods of restraint and
the environment in which the incident takes place.
Regulations of the use of weapons
Specific rules also regulate the use of any weapons by officials in securing good order and control during detention. In countries where firearms are available to officials, there will be detailed regulation on which type of arms can be used and the circumstances in which they may be used. Typically, all persons issued with firearms must have undertaken initial and follow-up training in their use, and the carrying of firearms in the presence of prisoners within an establishment is generally prohibited (EPR 63.3). All non-lethal weapons must be particularly approved for use and must conform to descriptions nationally agreed. Again these will typically include handcuffs, restraint jackets, wooden batons, both short and long, shields, water cannon and various types of gases and sprays. Electric shock batons or prods are generally disapproved of by Council of Europe bodies (e.g. CPT Report on Cyprus 1993) and their use has been discontinued in most countries. Indeed, many countries now train all staff in "Control and Restraint" techniques which minimise the amount of damage inflicted on prisoners and on staff. This is in accordance with EPR 63.2.