Victims and Courts Bill (First sitting) Debate
Full Debate: Read Full DebateSally Jameson
Main Page: Sally Jameson (Labour (Co-op) - Doncaster Central)Department Debates - View all Sally Jameson's debates with the Ministry of Justice
(1 day, 15 hours ago)
Public Bill CommitteesQ
Genna Telfer: Yes, absolutely.
Q
I want to ask a specific question on the Opposition amendment on restraint and gagging in court. I understand the Government’s position, allowing reasonable force at the judge’s discretion. As you will know from policing history, the use of force is on a spectrum from minimal right up to the top end. I have never heard of being able to gag. It is certainly not a technique that is used in the Prison Service; it is not in the “Use of force” manual and it is not part of the training. Were the Opposition amendment to be made, how would you suggest that it be done? What do you think the impact on the courtroom more widely would be if we were to take forward gagging? Do you believe it is even legal under current rules?
Genna Telfer: Obviously it is not something we are trained in, or something we do, so there would be a whole training implication. We do use spit hoods—that is probably as close to that that we get, in terms of putting something over someone’s head, but that does not affect sound and even those are quite controversial, so they are used quite sparingly. It is difficult, because if we did not do that, we are back to the disruption point and potentially removing people straightaway for contempt of court.
On the legality, I do not know—it is something that we would have to have a look into. If it were agreed, it would need to be checked whether it was legal, and then there would be a whole range of training. But that is not something policing would do; it would be the Prison Service involved in that, rather than us.
I can talk about my own experience. I was an officer safety trainer, so I have quite a lot of knowledge and, again, that would be really difficult to do. We use leg restraints, handcuffs and things, but to restrain someone effectively and to gag them to move them into a courtroom, I think would be really challenging.
Clare Moody: I go back to the point that I was making earlier about not making this a theatre show. I think that would somehow make it a spectacle, and it puts the perpetrator at the centre of all the attention. As I said earlier, this is about justice for the victims, and I think that there would be real problems with that. Adding to the points that Genna made about the practicalities of it, making a show of it, or making theatre in the courtroom, I do not think is the appropriate thing to do.
Q
Genna Telfer: Yes.