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