QLDIn ForceAct
Corrective Services Act 2006
sec.146Use of lethal force
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### sec.146 Use of lethal force
A corrective services officer may use the lethal force that is reasonably necessary—
to stop a prisoner from escaping or attempting to escape from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the escape or attempted escape; or
to stop a person from helping, or attempting to help, a prisoner to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or prisoner while helping or attempting to help the prisoner escape; or
to stop a prisoner from assaulting or attempting to assault another person, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, the other person; or
in an immediate response to a prisoner who has escaped from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the course of the immediate response.
However, lethal force must not be used if there is a foreseeable risk that the use of lethal force will cause grievous bodily harm to, or the death of, someone other than the person against whom the lethal force may otherwise be directed.
The use of lethal force may involve, but is not limited to, the use of—
weapons, including firearms; or
a corrective services dog under the control of a corrective services officer.
(sec.146-ssec.1) A corrective services officer may use the lethal force that is reasonably necessary— to stop a prisoner from escaping or attempting to escape from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the escape or attempted escape; or to stop a person from helping, or attempting to help, a prisoner to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or prisoner while helping or attempting to help the prisoner escape; or to stop a prisoner from assaulting or attempting to assault another person, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, the other person; or in an immediate response to a prisoner who has escaped from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the course of the immediate response.
(sec.146-ssec.2) However, lethal force must not be used if there is a foreseeable risk that the use of lethal force will cause grievous bodily harm to, or the death of, someone other than the person against whom the lethal force may otherwise be directed.
(sec.146-ssec.3) The use of lethal force may involve, but is not limited to, the use of— weapons, including firearms; or a corrective services dog under the control of a corrective services officer.
- (a) to stop a prisoner from escaping or attempting to escape from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the escape or attempted escape; or
- (b) to stop a person from helping, or attempting to help, a prisoner to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or prisoner while helping or attempting to help the prisoner escape; or
- (c) to stop a prisoner from assaulting or attempting to assault another person, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, the other person; or
- (d) in an immediate response to a prisoner who has escaped from secure custody, if the officer reasonably believes the prisoner is likely to cause grievous bodily harm to, or the death of, someone other than the prisoner in the course of the immediate response.
- (a) weapons, including firearms; or
- (b) a corrective services dog under the control of a corrective services officer.