Singapore legislation

Section 94

of Children and Young Persons Act 1993

Section 94

Use of mechanical restraint

Amended by30/201930/201930/201930/201930/2019

(1)

The person‑in‑charge of any home for children and young persons that is operated by or under the management or control of the Government may use, or authorise any person who is assisting the person‑in‑charge of the home to use, mechanical restraint on a person detained in the home for the purposes (called in this section a detainee) mentioned in subsection (2).

Amended by30/2019

(2)

The purposes mentioned in subsection (1) are —

(a)

to prevent a detainee from escaping from custody, including while transferring that detainee to a prescribed place or from a prescribed place to the home; and

(b)

to prevent a detainee from inflicting any bodily injury on himself or herself, or any other detainee or person within the home.

Amended by30/2019

(3)

For the purposes of subsection (1) read with subsection (2) —

(a)

the person‑in‑charge of a home for children and young persons and such person authorised by the person‑in‑charge of the home under subsection (1) may carry or have in their possession or under their control any mechanical restraint in any public place; and

(b)

the mechanical restraint must be removed from a detainee immediately once it is no longer necessary.

Amended by30/2019

(4)

To avoid doubt, the person‑in‑charge of a home for children and young persons or such person authorised by the person‑in‑charge of the home under subsection (1) must not use a mechanical restraint on a detainee as punishment.

Amended by30/2019

(5)

In this section, “mechanical restraint” means handcuffs, leg braces, flexi cuffs or any other similar means of restraint.[68A

Amended by30/2019