skip to content

Refine results


Search by

Search by Algolia
Law Handbook banner image

Restraints

Section 36A of the Correctional Services Act 1982 (SA) outlines in which circumstances restraints can be used on a prisoner.

An officer or employee of the Department may use restraints on a prisoner:

  • if the prisoner is being transferred from the place in which they are being detained, to another place where they are to be detained; or
  • if the prisoner is on leave of absence and is required to be in the custody of, and be supervised by, 1 or more officers or employees of the Department authorised by the Minister under s 27(2)(a)(i) of the Correctional Services Act 1982 (SA); or
  • in any other circumstances determined by the Chief Executive

[s 36A(1)]

An officer or employee of the Department who uses restraints on a prisoner under section 36A must comply with any requirements determined by the Chief Executive [s 36A(2)].

An officer or employee of the Department or a police officer employed in a correctional institution must not place a spit hood on the head of a person. A spit hood is a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.

Maximum penalty: Imprisonment for 2 years

[s 86AA]

Restraints  :  Last Revised: Wed Dec 8th 2021
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.