Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 48

48 .         Use of force on serious breach of security

        (1)         Where the chief executive officer is of the opinion that — 

            (a)         a serious breach of the good order or security of a prison has occurred or appears to the chief executive officer to be imminent; and

            (b)         no other reasonable means of control are available at the prison,

                the chief executive officer may order the use of force against a prisoner or prisoners, including force which may cause death or serious injury.

        (2)         Before force is used under this section, steps shall be taken, where it is practicable in the circumstances to do so, to issue the orders necessary to restore or ensure good order and security within the prison and to give warning of the consequences of failure to comply with those orders.

        (3)         Subsection (2) is a directory provision.

        [Section 48 amended by No. 47 of 1987 s. 11; No. 113 of 1987 s. 32.]