Restraint
The use of force, non lethal weapons and mechanical restraints is addressed
in Sections 83-88 of the Corrections Act 2004, and regulations 118-129 of the
Corrections Regulations 2005.
Section 83(1) of the Corrections Act stipulates that:
No officer or staff member may use physical force in dealing with any
prisoner unless the officer or staff member has reasonable grounds for
believing that the use of physical force is reasonably necessary—(a) in
self-defence, in the defence of another person, or to protect the prisoner
from injury; or (b) in the case of an escape or attempted escape (including
the recapture of any person who is fleeing after escape); or (c) in the case
of an officer,— (i) to prevent the prisoner from damaging any property; or
(ii) in the case of active or passive resistance to a lawful order.
Only force which is “reasonably necessary in the circumstances” (Corrections
Act s 83(2)) must be used, and may include non-lethal weapons and mechanical
restraints (sections 85 and 83(3) respectively) .
Restraints must not be used for disciplinary purposes and must be used in a way
that minimises harm and discomfort to the prisoner (Corrections Act s 87(4) ).
Mechanical restraints can only be used for more than 24 hours if authorised by
the prison manager and in the opinion of a medical officer the restraints are
necessary to protect the prisoner from self-harm (Corrections Act s 87(5) ). This
authorisation must be in writing, specify the type of restraint, specify the time,
and include a record of the medical officer’s opinion section (Corrections Act
s87(5A)).
The Corrections Regulations further specify the types of weapons and restraints,
and conditions and restrictions, and reporting on their use. Restraints which can
be used include hand-cuffs, tie-down beds, wrist bed restraints, torso restraints,
head protectors, and spit hoods.73 Regulations specify how these are to be used
and not used, for example a waist restraint may only be used around a prisoner’s
waist and in conjunction with handcuffs74. Reports about the use of restraints
must be made to the manager, and then to the chief executive and Visiting
Justice. (Regulation 127)
73 Schedule 5 Corrections Regulations 2005
74 Schedule 5, clause 15A Corrections Regulations 2005
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