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Restraints

Section 36A of the Correctional Services Act 1982 (SA) outlines in which circumstances restraints can be used on a prisoner.

An officer or employee of the Department may use restraints on a prisoner:

  • if the prisoner is being transferred from the place in which they are being detained, to another place where they are to be detained; or
  • if the prisoner is on leave of absence and is required to be in the custody of, and be supervised by, 1 or more officers or employees of the Department authorised by the Minister under s 27(2)(a)(i) of the Correctional Services Act 1982 (SA); or
  • in any other circumstances determined by the Chief Executive

[s 36A(1)]

An officer or employee of the Department who uses restraints on a prisoner under section 36A must comply with any requirements determined by the Chief Executive [s 36A(2)].

An officer or employee of the Department or a police officer employed in a correctional institution must not place a spit hood on the head of a person. A spit hood is a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.

Maximum penalty: Imprisonment for 2 years

[s 86AA]

Restraints  :  Last Revised: Wed Dec 8th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.