sec.653Power to use force—transfer etc. of person in custody to or from holding place

### sec.653 Power to use force—transfer etc. of person in custody to or from holding place It is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of transferring a person in custody to use reasonably necessary force— to transfer a person in custody from a holding place to another holding place; or to ensure a person in custody at a court precinct appears before a court and is transferred to a holding place after the appearance, if the person is not otherwise released; or to ensure a person in custody does not escape from lawful custody while the person is— being transferred to a holding place under paragraph (a) or (b) ; or being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or in a court under paragraph (b) . Also, it is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of escorting a person in custody to use reasonably necessary force— to escort a person in custody to a place other than a watch-house to enable the person to receive medical, dental, optical or other health related treatment; and to escort a person in custody from a place where the person is taken to receive medical, dental, optical or other health related treatment to the watch-house; and to ensure a person in custody does not escape from lawful custody while the person is being escorted to or from the watch-house and while the person is receiving any necessary treatment at the place to which the person is taken under escort. The force a watch-house officer may exercise under this section— includes force that is reasonably necessary— to prevent someone else from helping the person in custody escape from lawful custody; and to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and does not include force likely to cause grievous bodily harm to a person or the person’s death. In this section— court precinct means any land or building, or the part of any land or building, used for the purposes of a court of the State, including, for example, a court cell. holding place means a watch-house, court precinct or corrective services facility. s 653 ins 2006 No. 26 s 61 amd 2019 No. 38 s 80 (sec.653-ssec.1) It is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of transferring a person in custody to use reasonably necessary force— to transfer a person in custody from a holding place to another holding place; or to ensure a person in custody at a court precinct appears before a court and is transferred to a holding place after the appearance, if the person is not otherwise released; or to ensure a person in custody does not escape from lawful custody while the person is— being transferred to a holding place under paragraph (a) or (b) ; or being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or in a court under paragraph (b) . (sec.653-ssec.2) Also, it is lawful for a watch-house officer who is authorised by a watch-house manager for the purpose of escorting a person in custody to use reasonably necessary force— to escort a person in custody to a place other than a watch-house to enable the person to receive medical, dental, optical or other health related treatment; and to escort a person in custody from a place where the person is taken to receive medical, dental, optical or other health related treatment to the watch-house; and to ensure a person in custody does not escape from lawful custody while the person is being escorted to or from the watch-house and while the person is receiving any necessary treatment at the place to which the person is taken under escort. (sec.653-ssec.3) The force a watch-house officer may exercise under this section— includes force that is reasonably necessary— to prevent someone else from helping the person in custody escape from lawful custody; and to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and does not include force likely to cause grievous bodily harm to a person or the person’s death. (sec.653-ssec.4) In this section— court precinct means any land or building, or the part of any land or building, used for the purposes of a court of the State, including, for example, a court cell. holding place means a watch-house, court precinct or corrective services facility. - (a) to transfer a person in custody from a holding place to another holding place; or - (b) to ensure a person in custody at a court precinct appears before a court and is transferred to a holding place after the appearance, if the person is not otherwise released; or - (c) to ensure a person in custody does not escape from lawful custody while the person is— (i) being transferred to a holding place under paragraph (a) or (b) ; or (ii) being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or (iii) in a court under paragraph (b) . - (i) being transferred to a holding place under paragraph (a) or (b) ; or - (ii) being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or - (iii) in a court under paragraph (b) . - (i) being transferred to a holding place under paragraph (a) or (b) ; or - (ii) being held in a holding place to which the person has been transferred under paragraph (a) or (b) ; or - (iii) in a court under paragraph (b) . - (a) to escort a person in custody to a place other than a watch-house to enable the person to receive medical, dental, optical or other health related treatment; and - (b) to escort a person in custody from a place where the person is taken to receive medical, dental, optical or other health related treatment to the watch-house; and - (c) to ensure a person in custody does not escape from lawful custody while the person is being escorted to or from the watch-house and while the person is receiving any necessary treatment at the place to which the person is taken under escort. - (a) includes force that is reasonably necessary— (i) to prevent someone else from helping the person in custody escape from lawful custody; and (ii) to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and - (i) to prevent someone else from helping the person in custody escape from lawful custody; and - (ii) to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and - (b) does not include force likely to cause grievous bodily harm to a person or the person’s death. - (i) to prevent someone else from helping the person in custody escape from lawful custody; and - (ii) to prevent someone the watch-house officer reasonably considers should not be given access to the person in custody from gaining access to the person in custody; and