Use of instruments of restraint prohibited except in certain circumstances
477 Use of instruments of restraint prohibited except in certain circumstances
The use of an instrument of restraint is prohibited in relation to a child or young person held in custody in a youth justice custodial centre unless—
the instrument of restraint is a permitted instrument of restraint; and
a youth justice custodial officer believes on reasonable grounds that the use of an instrument of restraint is necessary to prevent or respond to an immediate threat of—
the child or young person harming themselves or any other person or damaging property; or
the child or young person escaping or attempting to escape from the youth justice custodial centre; or
the child or young person engaging in conduct that would seriously threaten the security or stability of the youth justice custodial centre; and
Example
Rioting or other disturbances.
all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.
The use of an instrument of restraint is prohibited in relation to a child or young person in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit unless—
the instrument of restraint is a permitted instrument of restraint; and
the youth justice custodial officer believes on reasonable grounds that force is necessary—
to prevent or respond to an immediate threat of the child or young person harming themselves or any other person or damaging property; or
to prevent or respond to an immediate threat of the child or young person escaping or attempting to escape the custody of the youth justice custodial officer; or
to effect the safe and secure transport or transfer of the child or young person, in accordance with the relevant transfer authority or temporary leave permit (as the case requires); and
all other reasonably practicable behavioural, relational or therapeutic measures have first been attempted.
The use of an instrument of restraint (other than a spit hood) by a youth justice custodial officer in relation to a child or young person held in custody in a youth justice custodial centre is not prohibited if—
the youth justice custodial officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act or at common law; and
the youth justice custodial officer uses the instrument of restraint in accordance with that other authorisation.
The use of an instrument of restraint (other than a spit hood) by a youth justice custodial officer in relation to a child or young person who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit is not prohibited if—
the youth justice custodial officer is otherwise authorised to use that instrument of restraint by or under this Act or any other Act or at common law; and
the youth justice custodial officer uses the instrument of restraint in accordance with that other authorisation.
Note
Division 5 and sections 521 and 523 apply to a use of force under this Part in relation to a child or young person held in custody in a youth justice custodial centre, who is in the custody of a youth justice custodial officer under a transfer authority or who is being escorted or supervised by a youth justice custodial officer under a temporary leave permit.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.