34DUse of restraints or weapons

34D Use of restraints or weapons

[Section 34D Inserted by No. 37 of 2013, s. 14, Applied:01 May 2014]

(1)  The use of force under this Part includes the use of restraints and weapons.

(2)  The Director must ensure, as far as practicable, that the use of force involving a restraint or weapon is proportionate to the circumstances, and in particular that –

(a) the circumstances are sufficiently serious to justify the use; and

(b) the kind of restraint or weapon is appropriate in the circumstances; and

(c) the restraint or weapon is used appropriately in the circumstances.

(3)  The Director must also ensure that restraints and weapons are only used under this Part –

(a) by correctional officers trained to use them; and

(b) in accordance with standing orders or an operating procedure that applies to their use.

(4)  The Director must take all steps to ensure that potentially lethal force is not used under this Part unless the actions of a prisoner or detainee or other person are likely to cause death or serious injury.

(5)  In applying force under this Part, a correctional officer may use a restraint or weapon, including any of the following:

(a) body contact, impact and restraint;

(b) a mechanical restraining device;

(c) a baton;

(d) riot control equipment;

(e) a chemical agent;

(f) an electro-muscular disruption device or a conducted electrical weapon;

(g) a distraction device;

(h) a firearm;

(i) any other thing prescribed by the regulations.