Northern Territory Consolidated Acts

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YOUTH JUSTICE ACT 2005 - SECT 10

Use of force generally

    (1)     If this Act permits a person to use force on a youth, the person may only use force if:

        (a)     all other reasonably practicable measures to resolve the situation have been attempted and those measures have failed to resolve the situation; and

        (b)     the person using the force:

            (i)     gives a clear warning of the intended use of force; and

            (ii)     allows a reasonable amount of time for the youth to observe the warning; and

            (iii)     uses no more force than the person considers to be necessary and reasonable in the circumstances as perceived by the person; and

            (iv)     holds a current qualification in physical intervention techniques on youths.

    (2)     Subsection (1)(a) and (b)(i) and (ii) do not apply if the force is used in an emergency situation.

    (3)     For subsection (1)(b)(iii), a person considering what force is necessary and reasonable in the circumstances may have regard to the age, gender, physical and mental health, or background of the youth in relation to whom the force is to be used.



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