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Corrections Act 2004

Corrections system - Coercive powers - Use of force and restraints, and related matters

83: Use of force

You could also call this:

"Using force to keep people safe in prison"

When you are dealing with a prisoner, you can only use physical force if you have a good reason to believe it is necessary. You can use force to protect yourself or someone else from harm, or to stop a prisoner from escaping. You can also use force to prevent a prisoner from damaging property or to make them follow a lawful order.

If you do use physical force, you must only use as much force as is necessary in the situation. After using force, the prisoner must be checked by a doctor as soon as possible, unless you only used handcuffs that are allowed for use as a mechanical restraint.

The rules about using force do not change any other laws or rules that say when you can use force. For example, the Crimes Act 1961 has its own rules about when you can use force, and these rules still apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM296018.

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Part 2Corrections system
Coercive powers: Use of force and restraints, and related matters

83Use of force

  1. No officer or staff member may use physical force in dealing with any prisoner unless the officer or staff member has reasonable grounds for believing that the use of physical force is reasonably necessary—

  2. in self-defence, in the defence of another person, or to protect the prisoner from injury; or
    1. in the case of an escape or attempted escape (including the recapture of any person who is fleeing after escape); or
      1. in the case of an officer,—
        1. to prevent the prisoner from damaging any property; or
          1. in the case of active or passive resistance to a lawful order.

          2. An officer or staff member who uses physical force for any of the purposes or in any of the circumstances referred to in subsection (1) may not use any more physical force than is reasonably necessary in the circumstances.

          3. If an officer or staff member uses physical force in dealing with any prisoner, the prisoner must, as soon as practicable after the application of that force, be examined by a registered health professional, unless that application of force is limited to the use of handcuffs of a kind that have been authorised for use as a mechanical restraint.

          4. Nothing in this section limits or affects any other provision in this Act or any other enactment that authorises an officer or staff member to use physical force, or any provision of the Crimes Act 1961, or any rule of law, that makes any specified circumstances—

          5. a justification or excuse for the use of force; or
            1. a defence to a charge involving the use of force.

              Compare
              • 1954 No 51 s 17C
              Notes
              • Section 83(3): amended, on , by section 20 of the Corrections Amendment Act 2013 (2013 No 5).