[Rev. 2012]
Prisons
CAP. 90
11. Power to examine persons or vehicles
(1) Any prison officer may examine anything within, or being brought into or
out of, a prison, and may stop and search any vehicle or person within a prison, or
going into or out of a prison or, whether within or without a prison, any person who,
or any vehicle which, is without authority close to a prisoner or prisoners if he has
reason to suspect that such person or vehicle is carrying a prohibited article or any
property belonging to the Government in use in a prison.
(2) The senior officer on duty in a prison may refuse admission to the prison to
any person who is not willing to be searched.
(3) The senior officer on duty in a prison may order any person within a prison
who refuses to be searched to leave the prison and, if such person refuses to leave,
may cause him to be removed from the prison, and for that purpose may use such
force as may be necessary.
(4) If on stopping and searching any vehicle or person under the provisions
of subsection (1) of this section a prison officer finds any prohibited article or any
property belonging to the Government in use in a prison he may arrest that person
or the person on the vehicle who appears to have charge of the article or property
and shall as soon as practicable cause any such person to be made over to a police
officer or, in the absence of a police officer, to be taken to the nearest police station.
(5) Any search of a woman under this section shall be made by another woman
with due regard to decency.
12. Use of force by prison officer
(1) Any prison officer may use such force against a prisoner as is reasonably
necessary in order to make him obey lawful orders which he refuses to obey or in
order to maintain discipline in a prison.
(2) Any prison officer may use any weapons which have been issued to him,
including firearms, against a prisoner if—
(a) he is escaping or attempting to escape and refuses, when called upon,
to return; or
(b) he is engaged with other persons in breaking out or attempting to
break out of any part of a prison and continues to break out or attempts
to break out when called upon to desist; or
(c) he is engaged with others in riotous behaviour in a prison and refuses
to desist when called upon; or
(d) he is endangering the life of, or is likely to inflict grave injury to, the
prison officer or to any other prison officer or person and the use of
weapons, including firearms, is the only practicable way of controlling
the prisoner:
Provided that weapons shall not be used as authorized in paragraphs (a), (b)
and (c) of this subsection unless the officer has reasonable cause to believe that
he cannot otherwise prevent the escape, breaking out or riotous behaviour, as the
case may be.
P30 - 10
[Issue 1]