Western Australian Consolidated Acts

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PRISONS ACT 1981 - SECT 42

42 .         Restraint

        (1)         Without prejudice to any power otherwise conferred, a superintendent may authorise and direct the restraint of a prisoner where in his opinion such restraint is necessary — 

            (a)         to prevent a prisoner injuring himself or any other person; or

            (b)         upon considering advice from a medical officer or some other medical practitioner, on medical grounds; or

            (c)         to prevent the escape of a prisoner during his movement to or from a prison or during his temporary absence from a prison.

        (2)         Restraint involving the use of medication shall be used only on medical grounds with the approval of a medical officer or some other medical practitioner.

        (3)         If restraint is used in relation to a prisoner for a continuing period of more than 24 hours, the use and the circumstances shall be reported forthwith to the chief executive officer by the superintendent.

        [Section 42 amended by No. 66 of 1982 s. 3; No. 47 of 1987 s. 11; No. 113 of 1987 s. 32; No. 43 of 1999 s. 12.]



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