sec.308Powers of proper officer of a court

### sec.308 Powers of proper officer of a court The proper officer of a court has, in relation to a prisoner of the court or a person mentioned in section 310 (1) , all the powers of the chief executive under this Act, in relation to a prisoner, that are necessary for the discharge of the proper officer’s functions. To help the proper officer of the court perform the proper officer’s functions, the proper officer may ask— the chief executive to provide corrective services officers; or the commissioner to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers. The chief executive or commissioner must comply with the request. In helping the proper officer of the court, a corrective services officer may— use the force the corrective services officer may use under chapter 3 , part 5 as if the prisoner of the court or person mentioned in subsection (1) were a prisoner; and give a direction to the prisoner of the court or person that the corrective services officer may give under chapter 2 , part 2 , division 1 as if the prisoner of the court or person were a prisoner; and conduct a search of the prisoner of the court or person under chapter 2 , part 2 , division 3 as if an order of the proper officer for the searching of the prisoner of the court or person were an order of the chief executive. Subsection (4) does not limit the help the corrective services officer may give to the proper officer of the court to perform the proper officer’s functions. In helping the proper officer of the court, a watch-house officer— is subject to any directions of the commissioner; and may— exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager. Subsection (6) (b) does not limit the help the watch-house officer may give to the proper officer of the court to perform the proper officer’s functions. In this section— watch-house officer see the Police Service Administration Act 1990 , schedule 2 . s 308 amd 2019 No. 38 s 77 ; 2023 No. 7 s 68 s ch 1 pt 2 (sec.308-ssec.1) The proper officer of a court has, in relation to a prisoner of the court or a person mentioned in section 310 (1) , all the powers of the chief executive under this Act, in relation to a prisoner, that are necessary for the discharge of the proper officer’s functions. (sec.308-ssec.2) To help the proper officer of the court perform the proper officer’s functions, the proper officer may ask— the chief executive to provide corrective services officers; or the commissioner to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers. (sec.308-ssec.3) The chief executive or commissioner must comply with the request. (sec.308-ssec.4) In helping the proper officer of the court, a corrective services officer may— use the force the corrective services officer may use under chapter 3 , part 5 as if the prisoner of the court or person mentioned in subsection (1) were a prisoner; and give a direction to the prisoner of the court or person that the corrective services officer may give under chapter 2 , part 2 , division 1 as if the prisoner of the court or person were a prisoner; and conduct a search of the prisoner of the court or person under chapter 2 , part 2 , division 3 as if an order of the proper officer for the searching of the prisoner of the court or person were an order of the chief executive. (sec.308-ssec.5) Subsection (4) does not limit the help the corrective services officer may give to the proper officer of the court to perform the proper officer’s functions. (sec.308-ssec.6) In helping the proper officer of the court, a watch-house officer— is subject to any directions of the commissioner; and may— exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager. (sec.308-ssec.7) Subsection (6) (b) does not limit the help the watch-house officer may give to the proper officer of the court to perform the proper officer’s functions. (sec.308-ssec.8) In this section— watch-house officer see the Police Service Administration Act 1990 , schedule 2 . - (a) the chief executive to provide corrective services officers; or - (b) the commissioner to provide police officers or, to the extent the commissioner considers it appropriate, watch-house officers. - (a) use the force the corrective services officer may use under chapter 3 , part 5 as if the prisoner of the court or person mentioned in subsection (1) were a prisoner; and - (b) give a direction to the prisoner of the court or person that the corrective services officer may give under chapter 2 , part 2 , division 1 as if the prisoner of the court or person were a prisoner; and - (c) conduct a search of the prisoner of the court or person under chapter 2 , part 2 , division 3 as if an order of the proper officer for the searching of the prisoner of the court or person were an order of the chief executive. - (a) is subject to any directions of the commissioner; and - (b) may— (i) exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and (ii) use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager. - (i) exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and - (ii) use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager. - (i) exercise a power of a watch-house officer under the Police Powers and Responsibilities Act 2000 , section 648 , 649 or 652 as if the prisoner of the court or person mentioned in subsection (1) were in custody at a watch-house; and - (ii) use reasonably necessary force under the Police Powers and Responsibilities Act 2000 , section 653 for transferring or escorting the prisoner of the court or person mentioned in subsection (1) to or from a place mentioned in that section as if the prisoner or person were in custody and the transfer or escort were authorised by a watch-house manager.