Use of instrument of restraint in prisons
14 Use of instrument of restraint in prisons
Subject to subregulation (7), the Governor may direct a prison officer to apply an instrument of restraint to a prisoner in a prison if the Governor believes on reasonable grounds that the use of the instrument of restraint is necessary—
for the safety of the prisoner or any other person; or
for the security or good order of the prison.
Reg. 14(1A) inserted by S.R. No. 118/2025 reg. 5(1).
If the Governor believes on reasonable grounds that—
a prisoner has committed an assault on—
a custodial worker on duty; or
another person employed or engaged to work in a prison while working in a prison; and
the assault was of a kind specified by the Commissioner in accordance with subregulation (1C)—
the Governor must direct that a prison officer is to apply an instrument of restraint to the prisoner unless the Governor is satisfied that exceptional circumstances make it unnecessary to do so.
Reg. 14(1B) inserted by S.R. No. 118/2025 reg. 5(1).
A direction under subregulation (1) or (1A) may direct that an instrument of restraint is to be applied—
in the circumstances, or at the times or places, specified in the direction; and
by—
a prison officer specified in the direction; or
a prison officer of a class specified in the direction.
Reg. 14(1C) inserted by S.R. No. 118/2025 reg. 5(1).
For the purposes of subregulation (1A), the Commissioner may specify in an instrument a kind of assault that will make a direction under that subregulation necessary, in the Commissioner's opinion—
for the safety of the prisoner or any other person; or
for the security or good order of the prison.
A prisoner must not be kept under restraint longer than is necessary for the safety of the prisoner or any other person or the security or good order of the prison.
Subject to subregulation (7), a prison officer may apply an instrument of restraint to a prisoner if—
the immediate safety of the prisoner or any other person within the prison is threatened and the prison officer believes on reasonable grounds that the application of the instrument of restraint to the prisoner is necessary to protect the safety of the prisoner or the other person (as the case may be); or
the security or good order of the prison is threatened and the prison officer believes on reasonable grounds that the application of the instrument of restraint to the prisoner is necessary to protect the security or good order of the prison.
Reg. 14(4) inserted by S.R. No. 118/2025 reg. 5(2).
Without limiting subregulations (1), (1A) and (3), an instrument of restraint may be applied to a prisoner while moving the prisoner from one area of the prison to another.
An instrument of restraint must be used in the manner approved by the Commissioner.
The Secretary may order the removal of an instrument of restraint at any time.
Before applying an instrument of restraint to a prisoner who is under the age of 18, the prison officer must consider the prisoner's age, the best interests of the prisoner and the vulnerability of the prisoner (if reasonably practicable).
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