93Force

93 Force

(1)  Except if authorised under any other law, force may be applied to a forensic patient if, and only if –

(a) by reason of the physical violence, resistance or disturbance of the patient, the force is necessary –

(i) for a prescribed reason; or

(ii) to place the patient in seclusion or under restraint; and

(b) the force is applied solely by appropriate persons or their assistants; and

(c) the force is no more excessive, unusual or prolonged than is reasonably justified in the circumstances.

(2)  Nothing in this section is to be taken as conferring any kind of authority for force to be applied to a forensic patient as a means of punishment or for reasons of administrative or staff convenience.

(3)  In this section –

appropriate person means –

(a) a member of the SMHU staff; or

(b) a medical practitioner; or

(c) a nurse; or

(d) an authorised person; or

(e) a person who has or is entitled to take immediate lawful custody of the patient.

Note 1

The application of force to a forensic patient is reviewable by the Tribunal – see Division 2 of Part 3 of Chapter 3 .

Note 2

[Section 93 Subsection (3) amended by No. 4 of 2023, Applied:25 Sep 2023] The Chief Psychiatrist has power to intervene in such circumstances– see section 147 .