Howard bans tape gags on deportees: The Joy Gardner case results in new guidelines for handling immigration cases

THE USE of tape gags in immigration deportation cases is to be banned and arm and leg restraints deployed only in 'strictly controlled' conditions as a result of the death of Joy Gardner, it was revealed yesterday.

The restrictions are among new guidelines for difficult deportation cases disclosed yesterday by Michael Howard, the Home Secretary, following a joint police and immigration service review in the wake of Mrs Gardner's death last August.

Although Mr Howard admitted 'lessons should be learnt', critics said the report was a missed opportunity to reform 'inhumane' deportation procedures.

Mrs Gardner, 40, died in hospital after a struggle with Metropolitan Police Deportation Squad officers and immigration officials at her home in Hornsey, north London; they were trying to return her to Jamaica. The force immediately suspended the three officers involved and halted the work of the squad.

The report gives the first official description of the body belt and gag used on her. Although their use has been governed by Metropolitan Police instructions since 1983, it has only now sought medical advice which said the gag was unsafe.

The instructions specify restraints can be used only on board aircraft and with pilots' consent, suggesting their deployment at Mrs Gardner's home was unauthorised. In the past two years, the belt was used in 37 out of 139 cases and the gag in six of those; the report does not indicate how many times they were used when the deportee was first detained. The review describes the gag as 'standard pharmaceutical tape two inches wide which could be twisted into a soft narrow rope-like strand to provide a mouth restraint where necessary.'

The inquiry into Mrs Gardner's death being conducted by the Police Complaints Authority and Essex Police is understood to be investigating suggestions that in her case, the tape was wound around her head 'several times', thus obstructing her breathing.

Five pathologists - for the Gardner family, the officers, and the inquiry, plus two consultant neuro- pathologists - have agreed that Mrs Gardner died from oxygen starvation for which the gag appeared to be the only possible cause.

The report is due to be completed within the next few weeks; the Crown Prosecution Service will decide whether the officers will be prosecuted. The review recommends that body restraints only be used in aircraft or in the period immediately before boarding, 'save in the most exceptional circumstances' that deportees facing restraint are medically examined and officers are better trained.

Research is under way on improving the design of the body restraints - a wide leather waist belt with handcuffs and leather belts for the legs - and whether an alternative is possible to the gag, to prevent deportees spitting and biting. Other recommendations cover improved consultation between the immigration service and police and updated guidance for chief constables.

Claude Moraes, of the Joint Council for the Welfare of Immigrants, described the review as 'tinkering'. He said: 'Body belts and handcuffs, private security firms and the fact that 9,000 people are detained each year will still be a firm and inhumane feature of the immigration enforcement system.'

Suggested Topics
Start your day with The Independent, sign up for daily news emails
Voices
Lucerne’s Hotel Château Gütsch, one of the lots in our Homeless Veterans appeal charity auction
charity appeal
Arts and Entertainment
Tony Hughes (James Nesbitt) after his son Olly disappeared on a family holiday in France
tv
News
people

Jo from Northern Ireland was less than impressed by Russell Brand's attempt to stage a publicity stunt

Sport
Scunthorpe goalkeeper Sam Slocombe (left) is congratulated by winning penalty taker Miguel Llera (right)
football
PROMOTED VIDEO
Have you tried new the Independent Digital Edition apps?
News
ebooksNow available in paperback
Arts and Entertainment
The Apprentice candidates Roisin Hogan, Solomon Akhtar, Mark Wright, Bianca Miller, Daniel Lassman
tvReview: But which contestants got the boot?
Life and Style
A woman walks by a pandal art installation entitled 'Mars Mission' with the figure of an astronaut during the Durga Puja festival in Calcutta, India
techHow we’ll investigate the existence of, and maybe move in with, our alien neighbours
Arts and Entertainment
Jim Carrey and Jeff Daniels ride again in Dumb and Dumber To
filmReview: Dumb And Dumber To was a really stupid idea
Arts and Entertainment
Sir Ian McKellen tempts the Cookie Monster
tvSir Ian McKellen joins the Cookie Monster for a lesson on temptation
News
i100
Travel
Tourists bask in the sun beneath the skyscrapers of Dubai
travelBritish embassy uses social media campaign to issue travel advice for festive holiday-makers in UAE
Arts and Entertainment
Jennifer Saunders stars as Miss Windsor, Dennis's hysterical French teacher
filmJennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress
Sport
Nabil Bentaleb (centre) celebrates putting Tottenham ahead
footballTottenham 4 Newcastle 0: Spurs fans dreaming of Wembley final after dominant win
Life and Style
tech
Voices
Jimmy Mubenga died after being restrained on an aircraft by G4S escorts
voicesJonathan Cox: Tragedy of Jimmy Mubenga highlights lack of dignity shown to migrants
Life and Style
Sebastian Siemiatkowski is the 33-year-old co-founder and CEO of Klarna, which provides a simple way for people to buy things online
tech
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Ashdown Group: Helpdesk Analyst

£25000 per annum: Ashdown Group: An established media firm based in Surrey is ...

Ashdown Group: Java Developer - Hertfordshire - £47,000 + bonus + benefits

£40000 - £470000 per annum + bonus: Ashdown Group: Java Developer / J2EE Devel...

Ashdown Group: Head of Finance - Financial Director - London - £70,000

£70000 per annum: Ashdown Group: Head of Finance - Financial Controller - Fina...

Recruitment Genius: Business Development Executive - Nationwide - OTE £65,000

£30000 - £65000 per annum: Recruitment Genius: This small technology business ...

Day In a Page

Jeb Bush vs Hillary Clinton: The power dynamics of the two first families

Jeb Bush vs Hillary Clinton

Karen Tumulty explores the power dynamics of the two first families
Stockholm is rivalling Silicon Valley with a hotbed of technology start-ups

Stockholm is rivalling Silicon Valley

The Swedish capital is home to two of the most popular video games in the world, as well as thousands of technology start-ups worth hundreds of millions of pounds – and it's all happened since 2009
Did Japanese workers really get their symbols mixed up and display Santa on a crucifix?

Crucified Santa: Urban myth refuses to die

The story goes that Japanese store workers created a life-size effigy of a smiling "Father Kurisumasu" attached to a facsimile of Our Lord's final instrument of torture
Jennifer Saunders and Kate Moss join David Walliams on set for TV adaptation of The Boy in the Dress

The Boy in the Dress: On set with the stars

Walliams' story about a boy who goes to school in a dress will be shown this Christmas
La Famille Bélier is being touted as this year's Amelie - so why are many in the deaf community outraged by it?

Deaf community outraged by La Famille Bélier

The new film tells the story of a deaf-mute farming family and is being touted as this year's Amelie
10 best high-end laptops

10 best high-end laptops

From lightweight and zippy devices to gaming beasts, we test the latest in top-spec portable computers
Michael Carberry: ‘After such a tough time, I’m not sure I will stay in the game’

Michael Carberry: ‘After such a tough time, I’m not sure I will stay in the game’

The batsman has grown disillusioned after England’s Ashes debacle and allegations linking him to the Pietersen affair
Susie Wolff: A driving force in battle for equality behind the wheel

Susie Wolff: A driving force in battle for equality behind the wheel

The Williams driver has had plenty of doubters, but hopes she will be judged by her ability in the cockpit
Adam Gemili interview: 'No abs Adam' plans to muscle in on Usain Bolt's turf

'No abs Adam' plans to muscle in on Usain Bolt's turf

After a year touched by tragedy, Adam Gemili wants to become the sixth Briton to run a sub-10sec 100m
Calls for a military mental health 'quality mark'

Homeless Veterans campaign

Expert calls for military mental health 'quality mark'
Racton Man: Analysis shows famous skeleton was a 6ft Bronze Age superman

Meet Racton Man

Analysis shows famous skeleton was a 6ft Bronze Age superman
Garden Bridge: St Paul’s adds to £175m project’s troubled waters

Garden Bridge

St Paul’s adds to £175m project’s troubled waters
Stuff your own Christmas mouse ornament: An evening class in taxidermy with a festive feel

Stuff your own Christmas mouse ornament

An evening class in taxidermy with a festive feel
Joint Enterprise: The legal doctrine which critics say has caused hundreds of miscarriages of justice

Joint Enterprise

The legal doctrine which critics say has caused hundreds of miscarriages of justice
Freud and Eros: Love, Lust and Longing at the Freud Museum: Objects of Desire

Freud and Eros

Love, Lust and Longing at the Freud Museum