488Isolation

488 Isolation (1) The officer in charge of a remand centre, youth residential centre or youth justice centre may authorise the isolation of a person detained in the centre, that is, the placing of the person in a locked room separate from others and from the normal routine of the centre. (2) Isolation may only be authorised under subsection (1) if— (a) all other reasonable steps have been taken to prevent the person from harming himself or herself or any other person or from damaging property; and (b) the person's behaviour presents an immediate threat to his or her safety or the safety of any other person or to property. (3) The period of isolation must be approved by the Secretary. (4) If necessary, reasonable force may be used to place a person in isolation under this section. (5) A person placed in isolation must be closely supervised and observed at intervals of not longer than 15 minutes. (6) The officer in charge of a remand centre, youth residential centre or youth justice centre must make sure that the prescribed particulars of every use of isolation under subsection (1) are recorded in a register established for the purpose. (7) In addition to his or her powers under this section, the officer in charge of a remand centre, youth residential centre or youth justice centre may cause a person detained in the centre to be isolated in the interests of the security of the centre. (8) This section (except subsection (4)) does not apply to the use of isolation under subsection (7). S. 488AA inserted by No. 43/2017 s. 31. 488AA Reporting on use of reasonable force and isolation (1) This section applies if an officer takes any of the following actions at a remand centre, youth justice centre or youth residential facility in relation to a detainee— (a) uses physical force; (b) places the detainee in isolation in accordance with section 488(7). (2) As soon as possible after taking the action, the officer must report the taking of the action to the Officer in Charge of the remand centre, youth residential centre or youth justice centre in which the detainee is detained or to or from which the detainee is being transported. (3) As soon as possible after receiving a report under subsection (2), the Officer in Charge must report the taking of the action by the officer to the Secretary to the Department of Justice and Regulation. Ch. 5 Pt 5.8 Div. 3 (Heading) substituted by No. 54/2011 s. 6. Ch. 5 Pt 5.8 Div. 3 (Heading and ss 488A–488G) inserted by No. 5/2006 s. 18 (as amended by No. 48/2006 s. 37(2)(3)). Division 3—Searches of persons entering, leaving or within youth justice facilities and requirements on visitors S. 488A inserted by No. 5/2006 s. 18 (as amended by No. 48/2006 s. 37(2)(3)), substituted by No. 54/2011 s. 7. 488A Search on entering or leaving a youth justice facility (1) A person (whether a detainee, an officer, a visitor or any other person) who wishes to enter or leave a youth justice facility must, if asked, submit to— S. 488A(1)(a) substituted by No. 29/2014 s. 10(1). (a) a screening search; and S. 488A(1)(b) substituted by No. 29/2014 s. 10(1). (b) a frisk search. (2) Subsection (1)(b) does not apply to a judge of the Supreme Court or County Court or a magistrate. S. 488A(3) amended by No. 29/2014 s. 10(2). (3) A person must not be asked under this section to submit to an unclothed search or a search of his or her body cavities. S. 488AB inserted by No. 54/2011 s. 7. 488AB Officer in charge may order search (1) The officer in charge may order at any time, if in his or her opinion it is necessary to do so in the interests of the security or good order of a youth justice facility or the detainees, that an officer— (a) search any part of the youth justice facility; or (b) search and examine any person in the youth justice facility other than a judge of the Supreme Court or County Court or a magistrate; or (c) search and examine any thing in the youth justice facility. S. 488AB(2) amended by No. 29/2014 s. 11. (2) A person must not be asked under this section to submit to an unclothed search or a search of his or her body cavities. S. 488AC (Heading) amended by No. 29/2014 s. 12(1). S. 488AC inserted by No. 54/2011 s. 7. 488AC Unclothed search of detainee S. 488AC(1) amended by No. 29/2014 s. 12(2). (1) The officer in charge may cause a detainee to be subjected to an unclothed search if in his or her opinion it is necessary to do so— (a) in the interests of the security or good order of a youth justice facility; or (b) in the interests of the safety or security of the detainee or any other person in the facility. (2) A search under subsection (1) must not include a search of the detainee's body cavities. (3) If necessary, reasonable force may be used to carry out a search under subsection (1). S. 488AD inserted by No. 54/2011 s. 7. 488AD Manner of conducting search S. 488AD(1) amended by No. 29/2014 s. 13. (1) In the case of a frisk search or an unclothed search, the officer in charge must ensure that the search is conducted only by an officer of the same sex as the person being searched. (2) Before carrying out a search under this Division of a person other than a detainee, the officer who is to conduct the search must— (a) inform the person of his or her authority to conduct the search; and (b) inform the person that he or she may refuse the search; and (c) inform the person of the consequences of refusal. (3) If a person consents to a search, the officer who is to conduct the search must— (a) ask the person if he or she has in his or her possession any article or thing which jeopardises or is likely to jeopardise the security of the youth justice facility or the safety of persons in the facility, including— (i) any firearm, offensive weapon or other article that is capable of being used as a weapon; or (iv) money; or (v) any other article or thing not allowed by the regulations; and (b) ask the person to produce any article or thing referred to in paragraph (a). S. 488AD(4) amended by No. 29/2014 s. 13. (4) In the case of an unclothed search, the officer in charge must ensure that the search is conducted in the presence of another officer. (5) The other officer referred to in subsection (4)— (a) must be positioned in such a way that the detainee being searched is not in the view of that other officer; (b) must be of the same sex as the detainee being searched, unless— (i) the search is, in the opinion of the officer in charge, urgently required; and (ii) an officer of the same sex is not available. (6) An officer carrying out a search of a person under this Division must do so— (a) expeditiously; and (b) with regard to the decency and self-respect of the person searched; and (c) in compliance with any other prescribed requirement. S. 488AE inserted by No. 54/2011 s. 7. 488AE Consequences of refusal to submit to search (1) If, when asked, a person other than a detainee does not submit to a search authorised to be carried out under this Division, an officer may— (a) prohibit the person from entering the youth justice facility; or (b) if the person is in the youth justice facility, order the person to leave the facility immediately. (2) A person must obey an order under subsection (1). S. 488AF inserted by No. 54/2011 s. 7. 488AF Officer in charge may order search to be terminated The officer in charge may at any time make an order terminating a search under this Division. S. 488B inserted by No. 5/2006 s. 18 (as amended by No. 48/2006 s. 37(2)(3)).