Procedure - Use of Force

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Purpose
1.	Process
2.	Definitions
3.	Self-defence
4.	Authority to use reasonable force
5.	Escalating use of force
5.1	Level One - no force
5.2	Level Two - reasonable force
6.	Warning and order to a group of offenders - unlawful assembly - riot - mutiny
7.	Water under high pressure
8.	Use of chemical agents
9.	Use of batons
10.	Use of Restraints
10.1	Use of handcuffs
10.2	Use of body belts and leg irons
11.	Use of lethal force
11.1	Requirements for use of lethal force
11.2	Medical treatment
12.	Reporting the use of force
12.1	Reasonable force
12.2	Lethal force
12.3	IOMS reporting of use of force incidents
13.	Debrief

Purpose

To provide for the lawful use of force by corrective services officers.

1. Process

Refer Corrective Services Act 2006, (CSA) ss. 143-148.

Only appropriately trained and authorised officers will be issued with, carry, use and store weapons necessary for officers to perform their duty in compliance with CSA s. 144.

Only the necessary amount of force justified by law is to be used to effect a lawful purpose.

The general manager of a corrective services facility and the General Manager, Escort and Security Branch must provide for the administration and control of the use of weapons and other security devices.

2. Definitions

'assault' - (refer Criminal Code Act (Qld), s. 245)

'applies force' - (refer Criminal Code Act (Qld), s. 245)

'bodily Harm' - (refer Criminal Code Act (Qld), s. 1)

'Chemical Agents Advanced Instructor'-

1. a person who possesses a current certification from the National Police Research Unit (NPRU) as an advanced Chemical Agents Instructor; or
2. a person who possesses a superior or equivalent qualification.

'Chemical Agents Instructor' - A corrective services officer who has been certified as a Chemical Agents Instructor by an Advanced Chemical Agents Instructor.

'Chemical Agents Operator' - A corrective services officer who has been certified to use chemical agents by a Chemical Agents Instructor.

'grievous bodily harm' - (refer Criminal Code Act (Qld), s. 1)

'lethal force' - (refer Corrective Services Act 2006, Schedule 4)

3. Self-defence

Refer Criminal Code Act (Qld) 1899, ss. 271-273

Self-defence is a separate issue from the use of force described in this procedure and should not be read in conjunction with it.

However, it should be noted that a person is not held to be criminally responsible for using reasonable force necessary for the prevention to himself/herself of death or grievous bodily harm. This does not extend to a person who initiated an assault with intent to kill or commit grievous bodily harm on another person.

In addition, it is lawful for a person acting in good faith to use reasonable force to defend another person against death or grievous bodily harm.

4. Authority to use reasonable force

A corrective services officer may use reasonable force in accordance with CSA s. 143. The use of reasonable force may involve the use of weapons in accordance with CSA s. 143(4).

In accordance with CSA s. 308(4)(a), in helping a proper officer of the court, a corrective services officer may use force authorised under CSA ss. 143-148.

A proper officer of a court includes-

1. the sheriff for the Supreme Court or the Court of Appeal;
2. the person performing the duties of the sheriff at the place where the Supreme Court is sitting somewhere else;
3. the Sheriff or Registrar of the court for the District Court; or
4. the clerk of the court at the place where the court is sitting for a court constituted by a magistrate or justice of the peace.

Refer procedures - Issue and Use of Safety and Security Equipment; Maintenance of Safety and Security Equipment; Escort of Offenders (in-confidence); Weapons and Ammunition Management (in-confidence); and appendices - Weapons and Munitions Schedule (in-confidence); Escort Staffing, Weapons and Restraint Matrix (in-confidence) (Location); Escort Staffing, Weapons and Restraint Matrix (in-confidence) (Method QCS)

5. Escalating use of force

Corrective services officers must assess the level of risk presented by the individual(s) / situation and choose their options.

The assessment must be done prior to use of force and must continue to be assessed during the situation, until the incident is resolved. In assessing the level of risk presented, the corrective services officer must consider level of use of force including but not limited to-

5.1 Level One - no force

A corrective services officer's presence will be sufficient to ensure the compliance of individuals to any given direction or instruction without incident.

5.2 Level Two - reasonable force

Reasonable force may be used on individual/s who resist, fail to acknowledge or comply with any instruction or direction given by a corrective services officer and includes in ascending order-

1. physical control and/or specialist equipment or restraint techniques;
2. water under high pressure (refer section 7 of this procedure);
3. chemical agents, (refer section 8 of this procedure);
4. impact weapons such as batons (refer section 9 of this procedure); or
5. corrective services dogs under the control of a corrective services officer.

Before the use of reasonable force, a clear and audible warning must be given to individual/s within reasonable hearing distance using, if readily available, amplified equipment. Sufficient time must be given for the warning to be observed.

Reasonable force may be used to-

1. compel compliance with an order given or applying to an offender;
2. restrain an offender who is attempting or preparing to commit an offence or a breach of discipline;
3. restrain an offender who is committing an offence or a breach of discipline;
4. compel any person who has been lawfully ordered to leave a corrective services facility, and who refuses to do so, to leave the facility;
5. restrain an offender who is harming himself/herself or attempting or preparing to harm himself/herself; or
6. any other situation which may reasonably warrant the use of reasonable force.

Examples-

An offender is given a direction by a corrective services officer to vacate his/her cell but refuses to comply. The officer may take hold of the offender and remove him/her from the cell.

A visitor to a corrective services facility is advised that he/she is not permitted to enter the facility and is asked to leave. If the visitor refuses to leave, a corrective services officer may take hold of the visitor and remove him/her from the facility.

6. Warning and order to a group of offenders - unlawful assembly - riot - mutiny

Refer procedure - Riot or Major Disturbance - Code Black

Where a corrective services officer believes on reasonable grounds that an assembly of offenders is unlawful within the meaning of CSA s. 122, that officer must, where practical, verbally warn the offenders that their actions constitute: unlawful assembly; or Riot; or Mutiny, and order that they stop such behaviour immediately.

The warning and order must provide offenders the opportunity to stop their behaviour or disassociate themselves from such behaviour. The warning and order must be given in a clear and audible manner within reasonable hearing distance of the offenders and (if readily accessible) using amplified equipment.

The warning, order and subsequent behaviour of the offenders after the warning and order is given, must, if practical, be recorded by means of sound, visual or audio visual recording equipment, and such recordings made under this procedure must be retained in accordance with Libraries Act 1988 and appendix - Queensland Corrective Services Retention and Disposal Schedule.

The warning must provide clear information to the offenders regarding their position in relation to CSA s. 122, that is, they are participating in-

1. an unlawful assembly; or
2. a riot; or
3. a mutiny.

The order that offenders stop their behaviour immediately must-

1. be reasonable and able to be obeyed;
2. provide clear time frames;
3. provide clear instructions for those not wanting to participate any further in unlawful behaviour; and
4. provide clear intent of the consequences of failure/refusal to obey the order including but not limited to-
   
   
   1. that force will be used to provide compliance with the order; and
   2. such force may include use of riot control equipment including but not limited to the use of restraints, water under high pressure, chemical agents, baton, shield, and/or corrective services dogs.

7. Water under high pressure

High pressure water hoses may be used by corrective services officers to subdue offenders to prevent or stop any disturbance in which there exists a threat of death, bodily harm, escape or property damage. The use of water under high pressure can only be authorised by the general manager of the corrective services facility or in an emergency by the general manager's nominee. Refer CSA s. 143(4)(c).

Water under pressure must never be aimed at an offender's face.

8. Use of chemical agents

Corrective services officers must only use the chemical agents approved by the Agency.

Refer procedure - Weapons and Ammunition Management (in-confidence) and appendix - Weapons and Munitions Schedule (in-confidence).

Only those corrective services officers trained in the delivery of chemical agents are authorised to use chemical agents under the following conditions-

1. to subdue an offender where there is imminent threat of death, serious bodily harm or to prevent or stop any disturbance in which there exists a threat of death, bodily harm, escape or property damage;
2. use must be authorised by the general manager of the facility or in an emergency by the general manager's nominee;
3. except in an emergency, use must not occur until health services staff have checked the offender(s) medical records to determine if there are any medical considerations to be taken into account when making a decision to use chemical agents; and
4. in general access areas such as exercise yards, common areas, dining areas or other areas where large gathering of offenders occur and the situation requires immediate resolution, prior medical screening is not required.

When authorised for use, the most senior officer present must observe and supervise the use of chemical agents. The exceptions are those corrective services officers approved or assigned chemical agents as part of their necessary duty equipment who are authorised to use them as the situation dictates.

Precautions must be taken to avoid or minimise inflicting chemical agents upon non-involved offenders and other personnel.

Use of chemical agents and decontamination must include but is not limited to-

1. only Agency approved and issued chemical agents will be used;
2. manufacturer's instruction for use must not be violated;
3. all affected persons must be removed from the presence of the agent as soon as possible and provided with water to decontaminate the contaminated area of the person;
4. health services personnel must evaluate all persons affected and treat any injury or side effects that persist following the resolution of the incident or disturbance;
5. use of chemical agents may be used to remove an offender from a cell or vehicle only if the offender is in possession of a weapon, poses a serious threat to staff or other offenders or is behaving in a manner that is creating a serious disturbance;
6. chemical agent canisters that provide for controlled multiple discharges must be weighed and marked prior to each use until it is completely empty or disposed of; and
7. after use each canister must be re-weighed, labelled and secured as evidence and a report on the amount used must be forwarded to the general manager of the facility.

If practical, a clear warning to the offenders in the area must be given at least twice, before a chemical agent is used and an avenue must be provided for offenders to leave the affected area.

There are a number of considerations to be aware of prior to the use of chemical agents-

1. supply of gas masks for staff;
2. wind direction/velocity - chemical agents will travel if large quantities used;
3. the most suitable method of dispersal, ensuring the use of an appropriate amount of chemical agent to control the incident;
4. the preparation of a chemical-agent-free evacuation area; and
5. first aid station for chemical-agent-affected or injured persons.

9. Use of batons

Corrective services officers must only use batons approved by the Agency.

Refer appendix - Weapons and Munitions Schedule (in-confidence).

Riot batons or similar weapons are approved for use only by corrective services officers who are trained in the use of the equipment and may be used in accordance with CSA s. 143.

The use of batons must be authorised by the general manager of the facility or in an emergency by the general manager's nominee. Those corrective services officers approved to carry batons or who are assigned batons as part of their necessary duty equipment are authorised to use them in accordance with CSA s. 143.

Care must be exercised to avoid damage to the head, neck and unprotected organs of the offender being subdued.

10. Use of Restraints

Corrective services officers must only use restraints approved by the Agency. Refer Appendix - Weapons and Munitions Schedule.

Those corrective services officers approved to carry restraints, or who are assigned restraints as part of their necessary duty equipment, are authorized to use them in accordance with CSA s. 143 and Agency Control and Restraint Manual.

The corrective service officers must exercise care to avoid injury to the offender being restrained.

10.1 Use of handcuffs

For any planned use of handcuffs, two officers must be present at all times. Offenders are to be handcuffed to the front unless the offender is likely to become non-compliant or self harm. In these instances, an offender may be handcuffed to the rear. When an offender is handcuffed to the rear, they must be supported at all times.

10.2 Use of body belts and leg irons

Whenever a body belt and leg irons are to be applied or removed, a minimum of three officers must be present. The offender is to be supported throughout the application and removal process. Wherever possible the offender is to be placed in the kneeling position when applying or removing leg irons.

11. Use of lethal force

Lethal force is defined in CSA Schedule 4.

A trained and authorised officer may use lethal force, involving weapons, that is reasonably necessary-

1. to stop an offender from escaping or attempting to escape from secure custody, if the officer reasonably believes the offender is likely to cause grievous bodily harm to, or the death of, someone other than the offender in the escape or attempted escape;
2. to stop a person from helping, or attempting to help, an offender to escape from secure custody, if the officer reasonably believes the person is likely to cause grievous bodily harm to, or the death of, someone other than the person or offender while helping or attempting to help the offender escape;
3. to stop an offender from assaulting or attempting to assault another person, if the officer reasonably believes the offender is likely to cause grievous bodily harm to, or the death of, the other person; and
4. in an immediate response to an offender who has escaped from secure custody, if the officer reasonably believes the offender is likely to cause grievous bodily harm to, or the death of, someone other than the offender in the course of the immediate response.

Lethal force must not be used if there is a foreseeable risk that the use of lethal force will cause grievous bodily harm to, or the death of, someone other than the person against whom the lethal force may otherwise be directed.

Refer CSA s. 146(3)

11.1 Requirements for use of lethal force

A corrective services officer trained in the use of lethal force may use lethal force if the officer-

1. reasonably believes the act or omission permitting the use of lethal force can not be stopped in any other way;
2. gives a clear warning of the intention to use lethal force if the act or omission does not stop;
3. gives sufficient time for the warning to be observed; and
4. attempts to use the force in a way that causes the least injury to any person.

The corrective services officer need not comply with section 10 (b), (c) or (d) if doing so would create a risk of injury to the officer or someone other than the person against whom the lethal force is directed.

Refer CSA s. 147

11.2 Medical treatment

When an event involving the use of reasonable or lethal force has been brought under control, all relevant involved persons are to be medically examined as soon as practical.

Refer procedure - Emergencies

12. Reporting the use of force

12.1 Reasonable force

When a corrective services officer has considered it reasonable to apply physical or chemical force to an offender or other person in compliance with the CSA, the officer must, as soon as practicable notify the general manager of the facility and before proceeding off duty provide a written report to the general manager detailing the nature of the force used and the reasons for the use of such force.

The general manager of a corrective services facility or General Manager, Escort and Security Branch must report the event in accordance with the procedure - Incident Reporting - Custodial (in-confidence).

12.2 Lethal force

The general manager of a corrective services facility or General Manager, Escort and Security Branch must notify the Deputy Commissioner, Custodial Operations immediately, in accordance with the procedure - Incident Reporting - Custodial (in-confidence) of the-

1. use of lethal force by a corrective services officer; and
2. discharge of a firearm, other than for training, including accidental discharge of a firearm.

Refer CSA s. 148

Where a firearm has been discharged, other than for training purposes, the relevant supervisor must immediately take control of and secure the firearm for inspection at a later date by the investigating officer.

The officer who had control of the firearm must submit a written report to the general manager of the corrective services facility or General Manager, Escort and Security Branch prior to ceasing duty.

12.3 IOMS reporting of use of force incidents

Where an incident involves the use of force by a corrective services officer, this must be recorded in the IOMS incident report. This involves selecting the 'Use of Force' check box that will then open a 'Use of Force' tab page. If the incident was resolved by negotiation or communication the 'Yes' check box may be endorsed and no further information in the 'Use of Force' tab page is required. If 'No' is selected, all reference data in the open fields must be completed. Refer procedure - Use of Force

A use of force register will be electronically recorded on IOMS by the completion of the 'Use of Force' tab page and the incident report. A corrective services facility may obtain this data by selecting Location>>>>File - Contents>>>>Breaches - and Contraventions>>>>Incidents>>>>Select 'Use of Force Only' check box>>>>Search. This will provide a list of all use of force incidents for a facility. Refer procedure - Incident Reporting - Custodial (in-confidence)

13. Debrief

When an event involving the use of force has been brought under control and the situation is normalized, all staff involved must attend a debriefing session in accordance with procedures- Operational Debriefing; Managing Traumatic Events at Work.

In the case of events involving lethal force the general manager must also ensure that offenders involved in or affected by the event, undergo a debriefing by a psychologist or counsellor.

KELVIN ANDERSON
Commissioner

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