Use of restraints or weapons
34D Use of restraints or weapons
The use of force under this Part includes the use of restraints and weapons.
The Director must ensure, as far as practicable, that the use of force involving a restraint or weapon is proportionate to the circumstances, and in particular that – the circumstances are sufficiently serious to justify the use; and the kind of restraint or weapon is appropriate in the circumstances; and the restraint or weapon is used appropriately in the circumstances.
The Director must also ensure that restraints and weapons are only used under this Part – by correctional officers trained to use them; and in accordance with standing orders or an operating procedure that applies to their use.
The Director must take all steps to ensure that potentially lethal force is not used under this Part unless the actions of a prisoner or detainee or other person are likely to cause death or serious injury.
In applying force under this Part, a correctional officer may use a restraint or weapon, including any of the following:body contact, impact and restraint; a mechanical restraining device; a baton; riot control equipment; a chemical agent; an electro-muscular disruption device or a conducted electrical weapon; a distraction device; a firearm; any other thing prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
- Corrections (Interstate Leave of Absence - ACT) Order 2005 · Regulation · under section 48
- Corrections (Interstate Leave of Absence) Order 2003 · Regulation · under section 48
- Corrections Regulations 2018
3 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory notesSecond reading speech
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