˚˚ (d) to secure the containment of that child or young person in secure care;
or
˚˚ (e) subject to section 384H of the Act, for the purpose of carrying out any
search authorised by section 384C or section 384E of the Act.”
• Section 22(2): “Any person who uses physical force for any of the purposes
referred to in subclause (1) shall –
˚˚ (a) use no more than the minimum amount of force that is reasonably
necessary in the circumstances; and
˚˚ (b) record in the daily log the details of the use of such force, and of the
circumstances giving rise to its use.”
• Section 22(3): “No member of staff of a residence shall in any circumstances
threaten to use physical force against any child or young person in the
residence unless the actual use of physical force by that member of staff
against that child or young person in those circumstances would be
permissible pursuant to subclauses (1) and (2).”
Part 5 Secure Care
• Section 47 Review of placement in secure care
˚˚ “(1) Subject to subclause (4), the member of staff of a residence who is
for the time being in charge of the secure care unit in that residence shall
review daily the case of every child or young person who is being kept
in secure care in that residence in order to determine whether or not the
child or young person should continue to be kept in secure care.”
• Section 48(1): “No child or young person placed in secure care shall be
confined in his or her own room between the hours of 8 am and 8 pm on any
day unless such confinement is necessary –
˚˚ (a) on account of any illness, injury, or extreme emotional disturbance
suffered by that child or young person; or
˚˚ (b) in any case of emergency, or in order to maintain and restore order in
the residence; or
˚˚ (c) in the case of a confinement between 5 pm and 8 pm on any day to
enforce a sanction under a specific behaviour management programme
being applied to the child or young person.
• Section 48(2): “Any confinement under subclause (1) shall be for no longer
than is reasonably necessary for the purpose.”
• Section 48(3): “The manager shall ensure that the details of the confinement
of any child or young person in any room pursuant to subclause (1), and the
reasons for it, are recorded in the daily log.”
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