55EUse of reasonable force

55E Use of reasonable force (1) An escort officer may, where necessary, use reasonable force to compel a prisoner to obey an order given by the escort officer in the exercise of a function or power. (2) An escort officer who uses force in accordance with this section is not liable for injury or damage caused by that use of force. S. 55EA inserted by No. 12/2014 s. 8. 55EA Issue of firearms to escort officers A Governor or the Secretary may authorise the issue of a firearm to an escort officer— (a) if the escort officer is undertaking duties as an armed escort for high security prisoners or maximum security prisoners; or (b) if the escort officer is undertaking patrols outside a prison where high security or maximum security prisoners are kept; or (c) if the escort officer is undertaking duties at a post specified by the Governor— (i) at a prison where high security or maximum security prisoners are kept; and (ii) at the times when prisoners are locked in cells; or (d) if the escort officer is undertaking firearms training under the direction of an approved instructor; or (e) in a case of emergency; or (f) if the Governor or Secretary reasonably believes that a firearm is necessary for the security or good order of the prison or for the safety of a prisoner, escort officer or other person. S. 55EB inserted by No. 12/2014 s. 8. 55EB Discharge of firearms (1) An escort officer may discharge a firearm at a prisoner if— (a) the prisoner escapes or attempts to escape from custody; and (b) the escort officer reasonably believes that discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody. (2) An escort officer may discharge a firearm at a person if the escort officer reasonably believes that— (a) the person is aiding a prisoner in escaping or attempting to escape from custody; and (b) discharging the firearm is the only practicable way to prevent the escape of the prisoner from custody. (3) An escort officer may discharge a firearm at a person if— (a) that person is using force or threatening force against— (i) a person in a prison; or (ii) an officer within the meaning of Part 5 (including the escort officer carrying the firearm) acting in the execution of his or her duties outside a prison; or (iii) a prisoner outside a prison; and (b) the escort officer reasonably believes that discharging the firearm is the only practicable way to prevent that person causing death or serious injury. (4) Before discharging a firearm at a person under this section, an escort officer must— (a) if it is practicable to do so, give an oral warning to that person to the effect that the person will be shot at if that person does not stop escaping, attempting to escape, aiding an escape or attempted escape or using or threatening force (as the case may be); and (b) satisfy himself or herself that discharging a firearm at the person does not create an unnecessary risk to any other person. S. 55EC inserted by No. 12/2014 s. 8. 55EC Discharge of non-lethal firearm An escort officer may discharge a firearm that is a prescribed non-lethal firearm at a person if the escort officer reasonably believes that discharging the firearm is the only practicable way to— (a) prevent, control or stop a riot in a prison; or (b) prevent a serious threat to the security or good order of the prison. S. 55F inserted by No. 45/2001 s. 15.