87 Restraint of prisoners

(1)

In any situation described in section 83(1) or in any other prescribed circumstances, any officer or staff member may, if necessary, apply any kind of mechanical restraint prescribed for use.

(2)

The use of a mechanical restraint by an officer or staff member—

(a)

is subject to any conditions or restrictions specified in regulations made under this Act; and

(b)

must, if the restraint is used in any situation described in section 83(1), be in accordance with section 83(2).

(3)

Regulations may not be made authorising the use of any kind of mechanical restraint unless the Minister is satisfied that—

(a)

the use of that kind of restraint is compatible with the humane treatment of prisoners; and

(b)

the potential benefits from the use of the restraint outweigh the potential risks.

(4)

A mechanical restraint—

(a)

may not be used for any disciplinary purpose:

(b)

must be used in a manner that minimises harm and discomfort to the prisoner.

(5)

A mechanical restraint must not be used on a prisoner for more than 24 hours at a time unless the use of the restraint for more than 24 hours—

(a)

is authorised by the prison manager and is, in the opinion of a medical officer, necessary to protect the prisoner from self-harm; or

(b)

is, in the case of a prisoner who has been temporarily removed to a hospital outside the prison for treatment, necessary to prevent the escape of the prisoner or to maintain public safety.

(5A)

An authorisation under subsection (5)(a) must—

(a)

be in writing; and

(b)

specify the type of restraint to be used; and

(c)

specify the time during which the prisoner is to be kept under restraint; and

(d)

include a record of the medical officer’s opinion that the restraint is necessary to protect the prisoner from self-harm.

(6)

Despite subsections (1) to (5), chains or irons must not be fitted or attached to a prisoner in any circumstances.

(7)

In subsection (6), chains or irons does not include handcuffs.

Compare: 1954 No 51 s 19

Section 87(5): replaced, on 29 October 2019, by section 17(1) of the Corrections Amendment Act 2019 (2019 No 57).

Section 87(5A): inserted, on 4 June 2013, by section 21 of the Corrections Amendment Act 2013 (2013 No 5).

Section 87(5A): amended, on 29 October 2019, by section 17(2) of the Corrections Amendment Act 2019 (2019 No 57).

Section 87(6): replaced, on 29 October 2019, by section 17(3) of the Corrections Amendment Act 2019 (2019 No 57).

Section 87(7): inserted, on 29 October 2019, by section 17(3) of the Corrections Amendment Act 2019 (2019 No 57).