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Report of the Inquiry into the circumstances of the Death of Bernard ...

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graze. As Sonny Lodge had just been forcibly restrained it would have been good<br />

practice to record <strong>the</strong> mark and his explanation for it. At <strong>the</strong> adjudication next day Sonny<br />

Lodge said that he sustained “<strong>the</strong> bump on his head” during <strong>the</strong> incident.<br />

22.7 Use <strong>of</strong> Force is unlawful unless it can be shown to be justified. On every<br />

occasion that it is used it should not only be recorded but investigated. Similarly,<br />

unexplained injuries should be recorded and investigated promptly for forensic and<br />

clinical reasons. This protects prisoners and staff and provides essential management<br />

information.<br />

22.8 Completing forms does not guarantee useful content. Officers at Risley and also<br />

at Manchester said that in 1998 it was customary for senior staff to prepare paperwork<br />

for <strong>of</strong>ficers to sign. O<strong>the</strong>r witnesses commented that Use <strong>of</strong> Force statements at <strong>the</strong> time<br />

were generally formulaic, stating little more than <strong>the</strong> fact <strong>of</strong> <strong>the</strong> restraint and that it was in<br />

accordance with approved techniques.<br />

Current practice<br />

22.9 Prison Service Order 1600 on use <strong>of</strong> force now requires staff involved in<br />

restraining a prisoner to make a full statement <strong>of</strong> <strong>the</strong> <strong>circumstances</strong> including any prior<br />

briefing, what led to use <strong>of</strong> force, instructions given to <strong>the</strong> prisoner, <strong>the</strong>ir perception <strong>of</strong><br />

<strong>the</strong> prisoner’s behaviour, how <strong>the</strong>y tried to de-escalate <strong>the</strong> situation, and o<strong>the</strong>r matters,<br />

about <strong>the</strong> particular incident.<br />

22.10 Completion <strong>of</strong> forms does not guarantee <strong>the</strong>y will be reviewed, acted upon and<br />

any lessons learned. In respect <strong>of</strong> unexplained or non-accidental injuries to prisoners,<br />

Governor Vince told us that Manchester has recently issued a revised form to be used<br />

for all prisoners who are discovered to have an unexplained or non-accidental injury. As<br />

well as completing an F213 and giving priority to medical assessment, sections within<br />

<strong>the</strong> form provide for a statement by <strong>the</strong> prisoner, a summary report and investigation and<br />

findings and recommendations by a responsible manager to prevent recurrence. The<br />

Safer Custody Manager keeps a log <strong>of</strong> all F213s.<br />

Events on G wing on 27 August<br />

22.11 The loss <strong>of</strong> association records were not completed by Officer Downs on 27<br />

August. Officer Downs explained this as an oversight because <strong>of</strong> <strong>the</strong> incident after <strong>the</strong><br />

search. However, <strong>the</strong> loss <strong>of</strong> association record ought to have been completed with <strong>the</strong><br />

authorising senior <strong>of</strong>ficer’s signature, not left to be filled out by <strong>the</strong> <strong>of</strong>ficer at some later<br />

163

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