Singapore legislation
Clause 37
Clause 37
Use of reasonable force and mechanical restraints on residents
(1)
This section does not limit or affect in any way the provisions or operation of the Penal Code 1871 or any other written law relating to any matter that may be dealt with under this section.
(2)
A person who carries on any duty in a licensable SRH to which a licence relates must not use force or any mechanical restraint on any resident of a licensable SRH.
(3)
Despite subsection (2), the person‑in‑charge of a licensable SRH or an authorised person may use force or a mechanical restraint on a resident of the licensable SRH, if —
the licensable SRH is a licensable SRH prescribed, or a licensable SRH belonging to a type of licensable SRHs prescribed, for the purposes of this subsection;
the force or mechanical restraint is used on the resident for the purpose mentioned in subsection (4) and in accordance with the prescribed manner;
where force is used on the resident, the person‑in‑charge of the licensable SRH or the authorised person must not use on the resident more force than is reasonable and necessary for the purpose; and
the prescribed conditions (if any) are satisfied.
(4)
The purpose mentioned in subsection (3)(b) is to stop the resident of the licensable SRH from any of the following:
inflicting personal injury to himself or herself, or to one or more other persons;
causing damage to any property;
committing, or attempting or preparing to commit, an offence;
contravening, or attempting or preparing to contravene, any rules or regulations relating to the discipline of residents of the licensable SRH;
absconding from a licensable SRH that is prescribed for the purposes of this paragraph.
(5)
To avoid doubt, any force or mechanical restraint used by the person‑in‑charge of a licensable SRH or an authorised person for the purpose mentioned in subsection (4) must not also be used on the resident as punishment.
(6)
The licensee of the licensable SRH must take reasonable measures to ensure that subsection (3) is complied with in relation to any use of force or mechanical restraint on a resident of the licensable SRH.
(7)
In this section —
Definition
“authorised person” means an employee of the licensee of the licensable SRH who —
has completed any training that may be specified by the Director‑General on the use of appropriate force and mechanical restraint on a resident of a licensable SRH for the purpose mentioned in subsection (4); and
is authorised by the person‑in‑charge of the licensable SRH to use force or any mechanical restraint on any resident of the licensable SRH for that purpose;
Definition
“mechanical restraint” means cloth bands, handcuffs, leg braces, flexi cuffs or any other similar means of restraint that may be prescribed.
(8)
For the purposes of subsection (3)(d), regulations may be made to prescribe different conditions for different types of licensable SRHs.
(9)
For the purposes of subsection (7), regulations may be made to prescribe different types of mechanical restraints for different types of licensable SRHs.