The Service Custody and Service of Relevant Sentences Rules 2009

Authorisation of mechanical restraint

41.—(1) A detainee in service custody premises may be placed under mechanical restraint if the commandant—

(a) considers that he ought to be placed under mechanical restraint to prevent him from injuring himself or others, damaging property or creating a disturbance; and

(b) issues a written order that mechanical restraint is to be applied to the detainee.

(2) An order under paragraph (1) shall specify the date and hour when the restraint is to be applied and the period, not exceeding twenty-four hours, during which it may be applied.

(3) Immediately after making the order the commandant shall notify the local commander and a medical officer that he has made such an order and of the terms it contains.

(4) On receiving such notification the medical officer shall examine the detainee and inform the commandant if he considers there is any objection on medical grounds to the application of the mechanical restraint which has been ordered. If such objection is made the commandant shall revoke or modify the order in accordance with the recommendations of the medical officer.

(5) The commandant shall keep an order under paragraph (1) under review to ensure that a detainee is not kept under mechanical restraint longer than is necessary.

(6) If under an order under paragraph (1) the detainee is kept under mechanical restraint for twenty-four hours the local commander may make a further order or orders under that paragraph for the period or periods of mechanical restraint to be extended for a further period or periods each period not to exceed twenty-four hours.

(7) Whenever mechanical restraint is applied or removed in accordance with this rule, an officer or warrant officer shall be present, and a record of the name of the officer or warrant officer present on each occasion shall be retained by the commandant.