31. Use of weapons

Feedback & support

Amended

Last amended by an amending law of 2010. 2 amendments in all.

(1)

Subject to this section, a prison officer may use any weapon —

(a)

against any prisoner or lock-up prisoner escaping or attempting to escape;

(b)

against any person who does any act or attempts to do any act to facilitate the escape of any prisoner or lock‑up prisoner; or

(c)

against any person engaged in any attempt to damage or force or break open —

(i)

the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or

(ii)

any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed.

(2)

A prison officer may use any weapon —

(a)

on any prisoner or lock-up prisoner engaged in any combined outbreak; and

(b)

on any person engaged in any attempt to damage or force or break open —

(i)

the outside door or gate or enclosure wall of a prison or lock‑up or any other part of a prison or lock‑up; or

(ii)

any part of any vehicle in which a prisoner or lock‑up prisoner is conveyed,and may continue to use the weapon so long as the combined outbreak or attempt is actually being prosecuted.

(3)

Every prison officer may use weapons against any prisoner or lock‑up prisoner using violence on any prison officer or other person, if the prison officer has reasonable ground to believe that the prison officer or other person is in danger of life or limb, or that other grievous hurt is likely to be caused to the prison officer or other person.

(4)

A prison officer must not resort to the use of any weapon under subsection (1) unless the prison officer has reasonable ground to believe that he or she cannot otherwise prevent the escape of any prisoner or lock-up prisoner.

(5)

Before using any firearm against a prisoner or lock‑up prisoner or other person mentioned in subsection (1), the prison officer must give a warning to the prisoner or lock‑up prisoner or that other person (as the case may be) that the prison officer is about to fire on him or her.

(6)

A prison officer must not, in the presence of his or her superior officer, use any firearm against a prisoner or lock‑up prisoner or other person in the circumstances described in subsection (1) or (2) except under the orders of that superior officer.

(7)

The use of weapons under this section must be, as far as possible, to disable and not to kill.

(8)

Every police officer who is for the time being serving in the capacity of an escort, or of a guard in or around any prison or lock‑up, for the purpose of ensuring the safe custody of any one or more prisoners or lock-up prisoners, is deemed to have all the powers and privileges granted to prison officers under this section.