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Criminal Justice and Courts Bill 2014
Report Stage, House of Lords
Briefing in support of amendment relating to use of physical restraint in
secure colleges
17 October 2014
For more information, please contact:
Parliamentary lead: Finola Kelly, Head of Parliamentary and Public
Affairs
finola.kelly@equalityhumanrights.com
DD: 0207 832 7826
Legal lead: Keith Ashcroft, Senior Lawyer
DD: 020 7832 8408
keith.ashcroft@equalityhumanrights.com
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1. Introduction
This briefing supports an amendment to provisions in the Criminal
Justice and Courts Bill on the use of physical restraint in secure colleges
(Schedule 6), with some reservations.
Schedule 6
Support Amendment 121
Explanation
In our briefing in support of amendments relating to secure colleges
dated 14 July 2014 the Commission recommended that Schedule 6 of
the Bill should be amended to limit the use of physical force in secure
colleges to: (1) prevent injury to the child or others, but also (2) to
prevent escape and (3) to prevent the commission of an unlawful act. In
addition that Schedule 6 should be amended to require force to be used
only as a last resort.
The current wording of Schedule 6 permits secure college custody
officers to use reasonable force to ‘maintain good order and discipline’ if
authorised to do so by secure college rules. In its briefing the
Commission expressed the view that the authorisation of use of force
against children for this broad purpose is incompatible with Articles 3
and 8 of the European Convention on Human Rights.
The effect of amendment 121 would be to allow secure college rules to
authorise the use of reasonable force on children solely for the purpose
of preventing harm to the child or others and only as a last resort and
with the minimum force necessary. The UN Committee on the Rights of
the Child and the UN Committee on Torture have recommended that
restraint against children should be a last resort and exclusively to
prevent harm to the child or others.
The Commission’s view is that there are other, limited circumstances in
which reasonable force may be used as a last resort against children
and young people. Those circumstances are (1) to prevent escape from
lawful custody and (2) to prevent the commission or attempted
commission of other unlawful acts. With this qualification, the
Commission supports the amendment to be moved on Report.
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Lord Ramsbotham’s amendments to Schedule 6:
121 Page 97, line 28, leave out paragraph 10 and insert—
“10 Secure college rules may only authorise the use of
reasonable force on children—
(a) as a last resort;
(b) for the purposes of preventing harm to the child or others; and
(c) to the extent that the minimum force necessary should be
used.”
2. About the Equality and Human Rights Commission
The Equality and Human Rights Commission is a statutory body
established under the Equality Act 2006. It is an independent body
responsible for promoting and enforcing the laws that protect fairness,
dignity and respect. It contributes to making and keeping Britain a fair
society in which everyone, regardless of background, has an equal
opportunity to fulfil their potential. The Commission enforces equality
legislation on age, disability, gender reassignment, marriage and civil
partnership, pregnancy and maternity, race, religion or belief, sex and
sexual orientation. It encourages compliance with the Human Rights Act
1998 and is accredited by the UN as an ‘A status’ National Human
Rights Institution.
Find out more about the Commission’s work at:
www.equalityhumanrights.com
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