Use of force and restraints
Use of force on non-compliant children (Back to top)
PECS suppliers are not authorised to use any form of force, be it mechanical restraints or physical intervention, on a child (under 18 years) to obtain compliance with a request or instruction as per the Youth Custody Service Policy.
PECS staff may only use force as a last resort to prevent escape, self-harm, harm to others, or serious damage to property.
Practically, this means that PECS staff cannot use force to convey an un-cooperative child from police custody to court. This also applies to the transport and court custody environment.
Therefore, PECS staff will not be able to accept any child or young person produced to court under restraint by the police.
When dealing with an un-cooperative/ non-compliant child or young person who needs to be conveyed to court the normal booking procedure should be followed, and PECS staff will still attend with a view to transport them to court.
This change of personnel may provide an opportunity to de-escalate the situation, gaining compliance using inter-personal skills and persuasion.
All children and young people are expected to walk onto PECS vehicles.
Where it is not possible to gain compliance, the court should be contacted to consider other methods of presenting that child or young person to court. This may include the use of remote video conferencing facilities or dealing with matters in their absence.
Should a child remain non-compliant, and all options exhausted to manage the situation, the on-call PECS Senior Contract Delivery Manager should be contacted for further guidance.
In the event that a non-compliant child requires transfer from one youth custody service establishment to another, the YCS may instruct that force (Minimising and Managing Physical Restraint – MMPR) may be used to move the child or young person onto a PECS vehicle.
These cases will generally be managed through the complex escort process with additional planning to minimise risk to staff or the young person.
The sending and receiving establishment staff will be responsible for moving the child/young person on and off the vehicle in these cases.
Use of restraints on children (Back to top)
Mechanical restraints, such as handcuffs and escort chains will not be routinely used when PECS suppliers escort children under the age of 18.
There may be some instances where this is necessary, such as moving the child through an insecure area, or when a child is admitted to hospital.
Should the PECS suppliers, police or secure establishment have any concerns about the risks a child presents whilst attending court, the use of handcuffs whilst in court, or other suitable arrangements such as video link appearance, may be requested through the Security of Prisoners at Court Protocol on an individual basis.