104AH Power to restrain detained persons S. 104AH inserted by No. 59/2015 s. 16. (1) The officer in charge of a police gaol may apply, S. 104AH(1) amended by or authorise a police officer, a police custody No. 45/2017 officer supervisor or a police custody officer to s. 36(1)(a). apply, an instrument of restraint to a detained person— (a) in the case of a police officer, while the person is being moved under escort from one place to another, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or S. 104AH(1)(b) (b) in the case of a police custody officer amended by supervisor or a police custody officer, while No. 45/2017 the person is being moved under escort from s. 36(1)(b). one place to another within a police gaol, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or (c) if the officer in charge believes on reasonable grounds that— (i) exceptional circumstances exist; and (ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property. (1A) A police custody officer supervisor may apply, or S. 104AH(1A) inserted by authorise a police custody officer to apply, an No. 45/2017 instrument of restraint to a detained person if the s. 36(2). police custody officer supervisor believes on reasonable grounds that— (a) in the case of a person being moved under escort from one place to another within a
S. 104AH inserted by No. 59/2015 s. 16. 104AH Power to restrain detained persons S. 104AH(1) amended by No. 45/2017 s. 36(1)(a). (1) The officer in charge of a police gaol may apply, or authorise a police officer, a police custody officer supervisor or a police custody officer to apply, an instrument of restraint to a detained person— (a) in the case of a police officer, while the person is being moved under escort from one place to another, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or S. 104AH(1)(b) amended by No. 45/2017 s. 36(1)(b). (b) in the case of a police custody officer supervisor or a police custody officer, while the person is being moved under escort from one place to another within a police gaol, if the officer in charge believes on reasonable grounds that the restraint is necessary to ensure the secure transfer of the person; or (c) if the officer in charge believes on reasonable grounds that— (i) exceptional circumstances exist; and (ii) the restraint is necessary to prevent an assault on, or injury to, any person, or substantial damage to property. S. 104AH(1A) inserted by No. 45/2017 s. 36(2). (1A) A police custody officer supervisor may apply, or authorise a police custody officer to apply, an instrument of restraint to a detained person if the police custody officer supervisor believes on reasonable grounds that— (a) in the case of a person being moved under escort from one place to another within a
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