Court Security and Custodial Services Act 1999
Court Security and Custodial Services Regulations 1999
Western Australia
Court Security and Custodial Services Regulations 1999
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
2A.References to court custody centre1
Part 2 — General
3.Publication of contracts: s. 45(5)(b)3
4.Persons not to be searched at court premises3
5.Prescribed lock‑ups4
6.Recording particulars of persons admitted to lock‑ups and court custody centre5
7.Recording critical and reportable incidents at lock‑ups and court custody centres6
8.Provision of information to persons admitted to lock‑ups and court custody centres7
9.Property of persons in custody and persons apprehended under the Mental Health Act8
10.Visitors’ property8
11.First aid and emergency medical care9
12.Reporting death of person for whom CEO is responsible10
13.CEO to inform certain visitors about being searched11
14.Searches of persons in custody11
15.Searches of visitors to lock‑ups and court custody centres12
Part 3 — Restraint of persons in custody
Division 1 — Preliminary
16.Terms used13
Division 2 — Devices and substances
17.Temporary restraint devices13
18.Holding restraint devices14
19.Chemical agents14
Division 3 — Manner in which devices and substances to be used or not to be used
20.All restraint devices and chemical agents15
21.All restraint devices15
22.Temporary restraint devices16
23.Chemical agents16
Division 4 — Procedures
24.Use of restraints in lock‑ups and court custody centres to be authorised or reported after emergencies17
25.Use of restraints in places other than lock‑ups or court custody centres to be reported17
26.Review once control has been established by temporary restraint devices at lock‑ups or court custody centres18
27.Review once control has been established by temporary restraint devices at places other than lock‑ups or court custody centres19
Notes
Compilation table20
Defined terms
Western Australia
Court Security and Custodial Services Act 1999
Court Security and Custodial Services Regulations 1999
[Heading inserted: Gazette 28 Jul 2000 p. 3997.]
These regulations may be cited as the Court Security and Custodial Services Regulations 1999 1.
These regulations come into operation on the day on which the provisions of the Court Security and Custodial Services Act 1999, other than Part 5, come into operation 1.
2A.References to court custody centre
A reference to a court custody centre in a regulation set out in the Table to this regulation does not include a reference to a court custody centre if the management, control and security of the court custody centre is provided by the Commissioner of Police under an arrangement under section 19 of the Act.
Table
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r. 6 |
r. 10 |
|
r. 7 |
r. 13 |
|
r. 8 |
r. 14 |
|
r. 9 |
r. 15 |
[Regulation 2A inserted: Gazette 28 Jul 2000 p. 3997.]
[Heading inserted: Gazette 28 Jul 2000 p. 3998.]
3.Publication of contracts: s. 45(5)(b)
(1)This regulation applies if, under section 45(5)(a) of the Act, the Clerk of the Legislative Assembly or the Clerk of the Legislative Council receives a copy of a contract or a contract as amended (the contract).
(2)The Clerk is to cause to be published in the Gazette within 14 days of receiving the contract a notice setting out —
(a)the date on which the contract was received by the Clerk; and
(b)the name or brief description of the contents of the contract; and
(c)the date of the contract or the date on which the contract was amended, as is relevant to the case; and
(d)the parties to the contract; and
(e)details as to where and when the contract can be inspected.
(3)The Clerk is to ensure that the contract can be inspected by any person during office hours.
(4)Copies or extracts may be taken from the contract.
4.Persons not to be searched at court premises
For the purposes of clause 4(2) of Schedule 1 to the Act the following persons or members of the following classes of persons are not to be searched under clause 4(1) of that Schedule —
(a)the Governor;
(b)a judge, auxiliary judge, master or registrar of the High Court, Supreme Court, Federal Court, Family Court of Western Australia, Family Court of Australia, District Court or Liquor Licensing Court;
(c)the President or a magistrate of the Children’s Court;
(d)a magistrate;
(e)a justice of the peace acting in his or her official capacity;
(f)any other person who acts judicially or who is a member of a body which acts judicially in a State or Federal jurisdiction;
(g)the sheriff or the registrar of a court acting in his or her official capacity;
(h)any person who is a deputy of a person, or who is acting in an office, referred to in paragraph (a) to (g) acting in his or her official capacity;
(i)a member of the Police Force of Western Australia or the Australian Federal Police or an Aboriginal police liaison officer appointed under Part IIIA of the Police Act 1892;
[(j)deleted]
(k)a member of Parliament acting in his or her official capacity.
[Regulation 4 amended: Gazette 18 Mar 2008 p. 868; 26 Apr 2016 p. 1276.]
The places listed in the Table to this regulation are prescribed as lock‑ups for the purposes of the Act.
Table
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Albany |
The part of the Albany Justice Complex, located at 184 Stirling Terrace, Albany, that is — (a)the central portion of the northern side of the building; and (b)used as a lock‑up facility and court custody centre. |
|
Carnarvon |
The part of the Carnarvon Police and Justice Complex located at 135 Robinson Street, Carnarvon, that is used as a lock-up facility. |
|
Kalgoorlie |
The part of the Kalgoorlie Police Complex, located at 57 Brookman Street, Kalgoorlie, that is — (a)the eastern portion of the building; and (b)used as a lock‑up facility. |
[Regulation 5 inserted: Gazette 30 Dec 2005 p. 6878; amended: Gazette 18 Dec 2015 p. 5075.]
6.Recording particulars of persons admitted to lock‑ups and court custody centre
(1)The person in charge of a lock‑up or court custody centre is to ensure that the information referred to in subregulation (2) is recorded, in a manner approved by the CEO, in relation to each person in custody, intoxicated detainee and person apprehended under the Mental Health Act who is admitted to the lock‑up or court custody centre.
(2)The information to be recorded for the purposes of subregulation (1) is as follows —
(a)the person’s name, address and date of birth;
(b)the form of legal custody in which the person is held;
(c)the state of the person’s health and details of any medical condition which might place the person or any other person at the lock‑up or court custody centre at risk;
(d)the time of the person’s admission to, and discharge from, the lock‑up or court custody centre;
(e)the authority for the person’s placement in, and removal from, the lock‑up or court custody centre.
[Regulation 6 inserted: Gazette 28 Jul 2000 p. 3998.]
7.Recording critical and reportable incidents at lock‑ups and court custody centres
(1)The person in charge of a lock‑up or court custody centre is to ensure that the information referred to in subregulation (2) is recorded, in a manner approved by the CEO, in relation to the following events that occur at or in the vicinity of or otherwise affect the lock‑up or court custody centre —
(a)any event, actual or imminent of a serious or critical nature —
that has jeopardised or is likely to jeopardise the safety or security of any person; or
that has adversely affected or is likely to adversely affect the security, good order or management of the lock‑up or court custody centre; or
that has materially disrupted or is likely to materially disrupt the provision of a custodial service;
(b)any event, actual or imminent, other than an event of a serious or critical nature —
(i)that has jeopardised or is likely to jeopardise the safety or security of any person; or
(ii)that has adversely affected or is likely to adversely affect the security, good order or management of the lock‑up or court custody centre; or
(iii)that has materially disrupted or is likely to materially disrupt the provision of a custodial service.
(2)The information to be recorded about an event referred to in subregulation (1) is as follows —
(a)the date and time of the event;
(b)details of the place where the event occurred;
(c)the nature of the event;
(d)details of each person affected by the event;
(e)details of each person advised of the event and when the person was so advised.
[Regulation 7 inserted: Gazette 28 Jul 2000 p. 3998‑9.]
8.Provision of information to persons admitted to lock‑ups and court custody centres
(1)The person in charge of a lock‑up or court custody centre is to ensure that a person in custody, an intoxicated detainee or a person apprehended under the Mental Health Act who is admitted to the lock‑up or court custody centre who so requests is, at a time convenient to the person in charge, informed of the following, as is relevant to the case —
(a)the contents of the warrant or other instrument by which the person is held in custody and any other condition relevant to the person’s custody;
(b)in the case of an intoxicated detainee, the reason for the person’s detention;
(c)the anticipated date and time of the person’s discharge from the lock‑up or court custody centre;
(d)the details contained in the record referred to in regulation 9(2);
(e)in the case of an intoxicated detainee, the inventory kept under section 53C of the Police Act 1892.
(2)The person in charge of a lock‑up or court custody centre need not agree to a request made under subregulation (1) if the request appears to the person in charge to be vexatious.
[Regulation 8 inserted: Gazette 28 Jul 2000 p. 3999‑4000.]
9.Property of persons in custody and persons apprehended under the Mental Health Act
(1)In this regulation —
person in custody includes a person apprehended under the Mental Health Act.
(2)The person in charge of a lock‑up or court custody centre is to record all the property in the possession of each person in custody at the lock‑up or court custody centre as soon as practicable after the person’s admission and that person is to be asked to sign the record as an acknowledgment that it is correct.
(3)If a person in custody refuses to sign a record when asked to do so under subregulation (2), a person who has taken charge of the person in custody must inform the person in charge of the lock‑up or court custody centre who is to endorse the record with a note of the refusal and any reason given by the person in custody for the refusal to sign.
(4)Any property which, in the opinion of the person in charge of the lock‑up or court custody centre, is of a perishable, dangerous or unhygienic nature may be destroyed or otherwise dealt with as ordered by the person in charge and a record of such order and action is to be noted on the record.
[Regulation 9 inserted: Gazette 28 Jul 2000 p. 4000.]
(1)The CEO is to ensure that procedures are in place for the provision of secure storage facilities —
(a)at court premises for property deposited for safekeeping under clause 5(1) of Schedule 1 to the Act; and
(b)at lock‑ups and court custody centres for property deposited for safekeeping under clause 21 of Schedule 2 to the Act.
(2)If property referred to in subregulation (1)(a) or (b) is not collected within 24 hours of its deposit for safekeeping, the property may be moved to a place for secure storage other than the court premises or the lock‑up or court custody centre where it was deposited.
(3)Property referred to in subregulation (1)(a) or (b) that is uncollected, abandoned or unclaimed for 6 months may by order of the CEO be —
(a)sold at public auction; or
(b)given to an association incorporated under the Associations Incorporation Act 2015; or
(c)destroyed or otherwise disposed of.
(4)The CEO must on at least one occasion before a public auction is conducted under subregulation (3)(a) cause a notice to be published in the Gazette describing the property to be offered for sale and giving the time, date and place of the auction.
(5)The net proceeds of an auction sale conducted under this regulation must be credited to the Consolidated Account 2.
[Regulation 10 inserted: Gazette 28 Jul 2000 p. 4000‑1; amended: Gazette 30 Dec 2016 p. 5967.]
11.First aid and emergency medical care
(1)The CEO is to ensure that procedures are in place for the provision of first aid and emergency medical care to persons in custody, intoxicated persons and persons apprehended under the Mental Health Act who are in a lock‑up or a court custody centre.
(2)If force has been used on a person for whom the CEO is responsible under section 10, 13, 15 or 16 of the Act and —
(a)the person in charge of the lock‑up or court custody centre, if relevant; or
(b)in any other case, a person who has taken charge of the person,
believes on reasonable grounds that the application of force may have caused injury, the person referred to in paragraph (a) or (b) must, as soon as practicable, arrange for the provision of such first aid or emergency medical care as he or she believes on reasonable grounds to be required.
(3)A person who arranges for the provision of first aid or emergency medical care under subregulation (1) or (2) must record the date and time and other details required by the CEO in a manner approved by the CEO.
[Regulation 11 inserted: Gazette 28 Jul 2000 p. 4001.]
12.Reporting death of person for whom CEO is responsible
(1)If a person for whom the CEO is responsible under section 10, 13, 15 or 16 of the Act dies —
(a)at a custodial place; or
(b)while being moved between custodial places; or
(c)while escaping (or otherwise being absent) from a custodial place or during movement between custodial places,
then the relevant person is to report the death to the CEO as soon as practicable after becoming aware of the death.
(2)In subregulation (1) —
relevant person means —
(a)if the death occurred in a lock‑up or court custody centre, the person in charge of the lock‑up or court custody centre; or
(b)if the death occurred in any other place, a person who had taken charge of the person for whom the CEO was responsible.
[Regulation 12 inserted: Gazette 28 Jul 2000 p. 4002.]
13.CEO to inform certain visitors about being searched
The CEO is to ensure that a sign is placed at the entrance of —
(a)court premises informing persons of the effect of clauses 2(1) and (2) and 4(1) and (7) of Schedule 1 to the Act; and
(b)each lock‑up and court custody centre informing persons of the effect of clauses 18(1) and (2) and 20 of Schedule 2 to the Act.
[Regulation 13 inserted: Gazette 28 Jul 2000 p. 4002.]
14.Searches of persons in custody
A search under clause 8 of Schedule 2 to the Act of a person in custody —
(a)may be conducted by one or more of the following means —
(i)by using an electronic or other device that is designed to locate property that is a subject of the search;
(ii)by visual inspection;
(iii)by frisk search;
(iv)by way of requiring the person to undress and searching the person visually and by hand;
(v)by way of a doctor or a nurse conducting an internal examination of the person’s body cavities but only if the person in charge of the lock‑up or court custody centre has first obtained the approval of the CEO to proceed with the examination;
and
(b)must be conducted expeditiously and with regard to decency and self‑respect.
[Regulation 14 inserted: Gazette 28 Jul 2000 p. 4002‑3.]
15.Searches of visitors to lock‑ups and court custody centres
A search under clause 20 of Schedule 2 to the Act of a person in custody —
(a)may be conducted by one or more of the following means —
(i)by using an electronic or other device that is designed to locate property that is a subject of the search;
(ii)by visual inspection;
(iii)by frisk search;
(iv)by way of requiring the person to undress and searching the person visually and by hand;
and
(b)must be conducted expeditiously and with regard to decency and self‑respect.
[Regulation 15 inserted: Gazette 28 Jul 2000 p. 4003.]
Part 3 — Restraint of persons in custody
[Heading inserted: Gazette 28 Jul 2000 p. 4003.]
[Heading inserted: Gazette 28 Jul 2000 p. 4003.]
In this Part, unless the contrary intention appears —
authorised person means a person authorised to exercise a power set out in clause 12 of Schedule 2 to the Act;
chemical agent means a chemical agent of a kind referred to in regulation 19;
holding restraint device means a holding restraint device of a kind referred to in regulation 18;
restraint device means a holding restraint device or a temporary restraint device;
temporary restraint device means a temporary restraint device of a kind referred to in regulation 17.
[Regulation 16 inserted: Gazette 28 Jul 2000 p. 4003; amended: Gazette 26 Apr 2016 p. 1276.]
Division 2 — Devices and substances
[Heading inserted: Gazette 28 Jul 2000 p. 4004.]
17.Temporary restraint devices
(1)The following kinds of temporary restraint devices can be used to establish control over any person in custody —
(a)handcuffs;
(b)velcro hobbles.
(2)The following kinds of temporary restraint devices can be used to establish control over any adult person in custody except an adult who is a detainee —
(a)anklecuffs;
(b)body belts;
(c)rope hobbles;
(d)temporary plastic handcuffs (flexi‑cuffs).
[Regulation 17 inserted: Gazette 28 Jul 2000 p. 4004.]
(1)The following kinds of holding restraint devices can be used to maintain control over any person in custody —
(a)handcuffs;
(b)body belts;
(c)anklecuffs made of webbing and lockable by use of padlocks (known as ankle ribbands).
(2)The following kinds of holding restraint devices can be used to maintain control over any adult person in custody except an adult who is a detainee —
(a)anklecuffs;
(b)security chain link (lockable by use of padlocks);
(c)mattresses (with restraining attachments).
[Regulation 18 inserted: Gazette 28 Jul 2000 p. 4004; amended: Gazette 30 Dec 2005 p. 6878.]
The following kinds of chemical agents can be used to establish control over any adult person in custody except an adult who is a detainee —
(a)Oleoresin Capsicum (OC) commonly known as “pepper spray”;
(b)Orthocololrobenzilemalonotrile (CS) commonly known as “tear gas”.
[Regulation 19 inserted: Gazette 28 Jul 2000 p. 4004.]
Division 3 — Manner in which devices and substances to be used or not to be used
[Heading inserted: Gazette 28 Jul 2000 p. 4004.]
20.All restraint devices and chemical agents
A restraint device or a chemical agent —
(a)must not be used on a person in custody by anyone other than an authorised person who has successfully undergone a training programme approved by the CEO; and
(b)must be used in accordance with the manufacturer’s instructions and in accordance with the procedures set out in a training programme approved by the CEO.
[Regulation 20 inserted: Gazette 28 Jul 2000 p. 4004‑5.]
(1)An authorised person must not use or improvise any device other than a restraint device to restrain a person in custody unless the authorised person believes on reasonable grounds that it is necessary to do so.
(2)If a restraint device referred to in regulation 17(1) or 18(1) is used on a young person or on an adult who is a detainee the person must be kept under constant supervision during the period in which the device is used on the person.
(3)If a restraint device has been used on a person in custody the person must be checked and monitored in accordance with the CEO’s rules during the period in which the device is used on the person.
(4)An authorised person must not restrain a person in custody by shackling or tying the person’s hands and legs together behind the person’s back.
(5)An authorised person who is moving a person in custody between custodial places must not shackle or tie the person to a vehicle while the vehicle is in motion.
(6)A person who checks or monitors a person in custody for the purposes of subregulation (3) must record information about the checks and monitoring as required by, and in a manner approved by, the CEO.
[Regulation 21 inserted: Gazette 28 Jul 2000 p. 4005.]
22.Temporary restraint devices
(1)A temporary restraint device must not be used for any purpose other than to establish control over a person in custody.
(2)If a temporary restraint device is used on a person in custody the person must be kept under constant supervision during the period in which the device is used on the person.
(3)A person in custody on whom a temporary restraint device is used must not be placed in the prone position during the period in which the device is used on the person.
(4)Temporary plastic handcuffs (flexi‑cuffs) must not be used on a person in custody unless a cut‑off tool is immediately available.
(5)A temporary restraint device must not be used on a person in custody for longer than the time it takes to establish control over the person.
[Regulation 22 inserted: Gazette 28 Jul 2000 p. 4005‑6.]
(1)A chemical agent must not be used for any purpose other than to establish control over a person in custody.
(2)A chemical agent must not be used on a person in custody except by an authorised person who believes on reasonable grounds that no other means is immediately available to establish control over the person in custody.
[Regulation 23 inserted: Gazette 28 Jul 2000 p. 4006.]
[Heading inserted: Gazette 28 Jul 2000 p. 4006.]
24.Use of restraints in lock‑ups and court custody centres to be authorised or reported after emergencies
(1)Subject to subregulation (2), an authorised person must not use a restraint device or a chemical agent on a person in custody at a lock‑up or a court custody centre unless the person in charge of the lock‑up or court custody centre has authorised the use of the restraint device or chemical agent.
(2)An authorised person may, in the event of an emergency, use a restraint device or a chemical agent on a person in custody at a lock‑up or a court custody centre without the prior approval of the person in charge of the lock‑up or court custody centre.
(3)If an authorised person uses a restraint device or a chemical agent on a person in custody in the circumstances referred to in subregulation (2) the authorised person must, as soon as practicable after the event, inform the person in charge of the lock‑up or court custody centre of the use of the restraint device and the reasons for the use.
(4)The authority to use, or the use of, a restraint device under this regulation must be in accordance with these regulations and any relevant CEO’s rules.
[Regulation 24 inserted: Gazette 28 Jul 2000 p. 4006.]
25.Use of restraints in places other than lock‑ups or court custody centres to be reported
(1)An authorised person may use a restraint device or a chemical agent in accordance with these regulations and any relevant CEO’s rules on a person in custody at a custodial place other than a lock‑up or a court custody centre or while the person in custody is being moved between custodial places.
(2)If an authorised person uses a restraint device or a chemical agent on a person in custody in the circumstances referred to in subregulation (1) the authorised person must, as soon as practicable after the event, inform —
(a)the superintendent of the prison or detention centre to which the person in custody is being returned or taken; or
(b)the person in charge of the lock‑up or court custody centre to which the person in custody is being returned or taken,
of the use of the restraint device and the reasons for the use.
[Regulation 25 inserted: Gazette 28 Jul 2000 p. 4006‑7.]
26.Review once control has been established by temporary restraint devices at lock‑ups or court custody centres
(1)If —
(a)an authorised person uses a temporary restraint device on a person in custody at a lock‑up or a court custody centre; and
(b)control over the person in custody has been established,
the person in charge of the lock‑up or court custody centre is to review whether or not the use of a holding restraint device on the person in custody is required.
(2)The person in charge of the lock‑up or court custody centre is to record, in a manner approved by the CEO, the results of each review under subregulation (1).
[Regulation 26 inserted: Gazette 28 Jul 2000 p. 4007.]
27.Review once control has been established by temporary restraint devices at places other than lock‑ups or court custody centres
(1)If —
(a)an authorised person uses a temporary restraint device on a person in custody at a custodial place other than a lock‑up or a court custody centre or while the person in custody is being moved between custodial places; and
(b)control over the person in custody has been established,
the authorised person is to review whether or not the use of a holding restraint device on the person in custody is required.
(2)An authorised person who conducts a review under subregulation (1) must, as soon as practicable after the review, inform —
(a)the superintendent of the prison or detention centre to which the person in custody is being returned or taken; or
(b)the person in charge of the lock‑up or court custody centre to which the person in custody is being returned or taken,
of the results of the review.
[Regulation 27 inserted: Gazette 28 Jul 2000 p. 4007‑8.]
1This is a compilation of the Court Security and Custodial Services Regulations 1999. The following table contains information about these regulations. The table also contains information about any reprint.
|
Citation |
Gazettal |
Commencement |
|
Court Security and Custodial Services Regulations 1999 |
17 Dec 1999 p. 6226‑8 |
18 Dec 1999 (see r. 2 and Gazette 17 Dec 1999 p. 6175) |
|
Court Security and Custodial Services Amendment Regulations 2000 |
28 Jul 2000 p. 3997‑4008 |
31 Jul 2000 (see r. 2) |
|
Court Security and Custodial Services Amendment Regulations 2005 |
30 Dec 2005 p. 6877‑8 |
30 Dec 2005 |
|
Reprint 1: The Court Security and Custodial Services Regulations 1999 as at 16 Mar 2007 (includes amendments listed above) |
||
|
Court Security and Custodial Services Amendment Regulations 2008 |
18 Mar 2008 p. 868 |
r. 1 and 2: 18 Mar 2008 (see r. 2(a)); Regulations other than r. 1 and 2: 19 Mar 2008 (see r. 2(b)) |
|
Court Security and Custodial Services Amendment Regulations 2015 |
18 Dec 2015 p. 5075 |
r. 1 and 2: 18 Dec 2015 (see r. 2(a)); |
|
Court Security and Custodial Services Amendment Regulations 2016 |
26 Apr 2016 p. 1276 |
r. 1 and 2: 26 Apr 2016 (see r. 2(a)); |
|
Corrective Services Regulations Amendment (Associations Incorporation) Regulations 2016 Pt. 2 |
30 Dec 2016 p. 5967‑8 |
31 Dec 2016 (see r. 2(b)) |
|
Reprint 2: The Court Security and Custodial Services Regulations 1999 as at 5 May 2017 (includes amendments listed above) |
||
2Under the Financial Legislation Amendment and Repeal Act 2006 Sch. 2 cl. 13 a reference to the Consolidated Fund may, where the context so requires, be read as if it had been amended to be a reference to the Consolidated Account. This reference was changed under the Reprints Act 1984 s. 7(5)(a).
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
authorised person16
chemical agent16
holding restraint device16
person in custody9(1)
relevant person12(2)
restraint device16
temporary restraint device16