or another, such force as, in the circumstances as he believes them to be, it is reasonable to use.” Section 62 of the Act makes any person authorized by law to use force, “criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.” The use of restraints by police is not specifically provided for in legislation. The practices are covered by the general legislative provisions relating to use of force referred to above and the relevant sections of the Police Manual. The manual includes specific chapters on “People in Police Detention”, “Use of Force” and “Mechanical Restraints”. These chapters provide detailed guidance and set out the operational requirements. The “Mechanical Restraint” chapter states that restraints must be used safely and humanely, and not for the purpose of cruel, inhumane or degrading treatment or punishment. When considering whether to use mechanical restraints, officers are required to first carry out an operational threat assessment using the TENR tool. This requires an assessment of the threat ( eg considering the person’s behaviour, whether he or she is under the influence of drugs or alcohol) , an assessment of the exposure ( the safety of the person and others, factors that may elevate risk, such as mental health condition, age, weight) the necessity to act ( assess threat and exposure and determine if it reasonable, necessary and proportionate to use a mechanical restraint) and then develop a response (ensuring that the use of the restraint is necessary and proportionate given the circumstances known at the time). Those who are restrained must be subject to monitoring. The stipulated level of monitoring is dependent on the type of restraint. Particular attention must be given to the person’s airway clearance, respiration, skin colour, circulation, range of movement/discomfort, pressure areas, hydration, changes in the person’s state which could indicate a need to review their status, swelling of the body area adjacent to the mechanical restraint, and statements by the person in respect of their condition. There is a specific section in the “Mechanical Restraint” chapter on the risk of positional asphyxia. All mechanical restraints must be removed from a person as soon as it is believed that the need for using them ceases, and in some instances, time limits on their use apply. Only mechanical restraints approved by the National Manager: Response and Operations can be used. These are currently limited to metal handcuffs, plastic handcuffs, waist restraint belt, vehicle leg restraint, restraint chairs, and spitting hoods. The manual contains a section on each restraint; photos of the restraint, how to apply them, risk factors when deciding to use the restraint, risk factors to the person being restrained, safety rules, and tactical considerations. 86