Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 73

    (1)     Subject to subsection (2), a police officer may use such force as is reasonably necessary when—

        (a)     exercising the transport power; or

        (b)     searching a child under section 75; or

        (c)     seizing a thing under section 76.

    (2)     Before using force under subsection (1), a police officer must to the extent reasonably practicable in the circumstances—

        (a)     use all other de-escalation techniques that are available; and

        (b)     give an oral warning to the child that the police officer will use force if the child does not comply; and

        (c)     if it is safe to do so, give the child a reasonable time to comply with the warning.

    (3)     For the purposes of subsection (1)—

        (a)     the use of force must be proportionate; and

        (b)     the use of force must immediately cease once it is no longer necessary; and

        (c)     the police officer using force in relation to the child must—

              (i)     apply force for the shortest possible time; and

              (ii)     continuously assess the need for and manner of use of that force, and modify the use of force as required; and

        (d)     the following physical restraint techniques are prohibited—

              (i)     techniques for the purpose of restraining, restricting or inhibiting the child's respiratory or digestive functions;

              (ii)     techniques for the purpose of inflicting pain to compel compliance, including by the hyperextension of joints or applying pressure to the child's chest or joints;

              (iii)     any other prescribed physical restraint techniques; and

        (e)     to the extent reasonably practicable in the circumstances, a police officer must avoid causing pain, injury or fear and must reasonably adapt the use of force if the child appears to be in pain, injured or fearful; and

        (f)     to the extent known and reasonably practicable in the circumstances, in using force on the child, a police officer must have regard to the child's physical stature and individual characteristics and background, including the following—

              (i)     age, maturity and stage of development;

              (ii)     gender;

              (iii)     cultural background or status as Aboriginal or Torres Strait Islander;

              (iv)     physical and mental health;

              (v)     disability;

              (vi)     history of trauma, placement in out of home care or family violence.

    (4)     A police officer may only use the following instruments of restraint to restrain a child under this section—

        (a)     handcuffs (including disposable handcuffs, flex cuffs or handcuff inserts);

        (b)     an instrument of restraint (other than a spit hood) prescribed for the purposes of this section.

    (5)     If an instrument of restraint is used to restrain a child under this section the child must be closely supervised while subject to the restraint.