34IAuthorised use of mechanical restraints

34I Authorised use of mechanical restraints

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

(1)  A correctional officer may use a mechanical restraint only in accordance with a standing order or operating procedure.

(2)  A correctional officer may use a mechanical restraint on a prisoner or detainee for all or any of the following purposes:

(a) to prevent the commission of an offence or disciplinary breach;

(b) to prevent the escape of a prisoner or detainee;

(c) to prevent the prisoner or detainee from accessing an area to which they are not permitted access;

(d) to prevent unlawful damage, destruction or interference with property;

(e) to prevent a prisoner or detainee from inflicting self-harm;

(f) for any other purpose prescribed by the regulations.

(3)  A correctional officer may use mechanical restraints only if the correctional officer believes, on reasonable grounds, that no other less restrictive method of control is applicable or appropriate in the circumstances.

(4)  The health and wellbeing of a prisoner must be considered before a mechanical restraint is applied.

(5)  A correctional officer must remove a mechanical restraint from a prisoner as soon as the restraint is no longer required for any of the purposes set out in subsection (2) .

(6)  A mechanical restraint must not be used for the purpose of punishment.