Use of Force/Restraint Subpart 4, sections 83 – 88 of the Corrections Act 2004 • Section 83(1): “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.” • Section 83(2): If physical force is used in the circumstances referred to in s 83(1) it may not be more than is “reasonably necessary in the circumstances”. • Section 87(4): “A mechanical restraint – (a) must not be used for any disciplinary purpose” and “must be used in a manner that minimises harm and discomfort to the prisoner.” • Section 87(5): “A mechanical restraint must not be used on a prisoner for more than 24 hours at a time unless the use of the restraint for more than 24 hours – (a) is authorised by the prison manager and is, in the opinion of a medical officer, necessary to protect the prisoner from self-harm; or (b) is, in the case of a prisoner who has been temporarily removed to a hospital outside the prison for treatment, necessary to prevent the escape of the prisoner or to maintain public safety.” • Section 87(5A): “An authorisation must be in writing, specify the type of restraint to be used, specify the time which the prisoner is to be kept under restraint; and include a record of the medical officer’s opinion that the restraint is necessary to protect the prisoner from self-harm.” • Section 87(6): “Chains or irons must not be fitted or attached to a prisoner in any circumstances.” ˚˚ But does not include handcuffs (s 87(7)). Corrections Regulations 2005 Segregation • Part 6, Regulations 53-64 sets out the regulations on the segregation of prisoners including prescribed segregation and at-risk facilities and additional segregation and at-risk facilities 74