Victorian Current Acts

CORRECTIONS ACT 1986 - SECT 104AH

S. 104AH(1) amended by No. 45/2017 s. 36(1)(a).

    (1)     The officer in charge of a police gaol may apply, or authorise a police officer, a police custody officer supervisor or a police custody officer to apply, an instrument of restraint to a detained person—

        (a)     in the case of a police officer, while the person is being moved under escort from one place to another, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or

S. 104AH(1)(b) amended by No. 45/2017 s. 36(1)(b).

        (b)     in the case of a police custody officer supervisor or a police custody officer, while the person is being moved under escort from one place to another within a police gaol, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or

        (c)     if the officer in charge believes on reasonable grounds that—

              (i)     exceptional circumstances exist; and

              (ii)     the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property.

S. 104AH(1A) inserted by No. 45/2017 s. 36(2).

    (1A)     A police custody officer supervisor may apply, or authorise a police custody officer to apply, an instrument of restraint to a detained person if the police custody officer supervisor believes on reasonable grounds that—

        (a)     in the case of a person being moved under escort from one place to another within a police gaol, the restraint is necessary to ensure the secure transfer of the person; or

        (b)     in any case, exceptional circumstances exist and the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property.

S. 104AH(2) substituted by No. 45/2017 s. 36(3).

    (2)     A police officer applying an instrument of restraint in accordance with subsection (1) or a police custody officer supervisor or a police custody officer applying an instrument of restraint in accordance with subsection (1) or (1A) must do so in the manner for the time being determined by the Chief Commissioner.

S. 104AH(3) inserted by No. 45/2017 s. 36(4).

    (3)     The officer in charge of a police gaol may overturn a decision of a police custody officer supervisor under subsection (1A) and decide the matter.

Pt 9A Div. 3 (Heading) inserted by No. 59/2015 s. 17.

Division 3—Search and seizure powers in police gaols

S. 104B inserted by No. 45/1996
s. 11.