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Section 16, The Sierra Leone Correctional Service Act, 2014

Status not yet checkedThe Sierra Leone Correctional Service Act, 2014, Sierra Leone

(1) A corrections officer may use such force against aninmate as is reasonably necessary in order to make the inmate obey lawful orders. (2) Subject to this section, a corrections officer may use a weapon against– (a) an inmate who is-– (i) escaping or attempting to escape and refuses when called upon to return; (ii) engaged in a combined outbreak or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of a correctional centre; or (iii) using violence on him or another corrections officer or another inmate or other person; and (b) a person who– (i) whilst assisting an inmate to escape, uses violence against the corrections officer or another corrections officer or other person; or (ii) is engaged in a combined break-in or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of a correctional centre or an inside door, gate, fence or wall of the correctional centre; or (iii) whilst engaged in any activity mentioned in subparagraph (ii), is using violence against the corrections officer or another corrections officer or other person. (3) Resort shall not be had to the use of a weapon- (a) as is authorised in sub-paragraph (i) of paragraph (a) of subsection (2) unless- (i) the corrections officer has reasonable grounds to believe that he cannot otherwise prevent the escape; and (ii) the corrections officer gives warning to the inmate that the corrections officer is about to use the weapon against him; and (iii) the warning given by the corrections officer is unheeded; (b) as is authorised in sub-paragraph (iii) of paragraph (a) and sub-paragraphs (i) and (iii) of paragraph (b) of subsection (2) unless- 10 11 Use of force by corrections officer. No. 5 Sierra Leone Correctional Service Act 20 14 No. 5 Sierra Leone Correctional Service Act 20 14 (i) the corrections officer has reasonable grounds to believe that he or another corrections officer or other person, as the case may be, is in danger of suffering grievous bodily harm (ii) the inmate is engaged with other persons in breaking out or attempting to break out of any part of a correctional centre and when called upon to desist continues to break out or attempt to break out; (iii) the inmate is engaged with others in riotous behaviour in a correctional centre and refuses to desist when called upon to do so; or (iv) the inmate is endangering the life of or is likely to inflict grave injury to the corrections officer or to any other corrections officer or person and the use of firearms is the only practicable way of controlling the inmate. (4) No corrections officer shall, in the presence of a corrections officer senior to himself make use of a weapon as authorised in subsection (2), except on the orders of that senior corrections officer. (5) In every case when force is used a corrections officer shall use the minimum force necessary in the circumstances and the use of weapons, in pursuance of the provisions of this section, shall be as far as possible to disable and not to kill.

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