S.L. 217.19 Art. 47Special control or restraint.

(1) The officer in charge may order a detained person to be put under special control or restraint where this is necessary on grounds of security, to prevent the detained person from injuring himself or others, damaging property or creating a disturbance.

(2) Notice of such an order shall be given without delay to the medical practitioner.

(3) On receipt of the notice the medical officer shall inform the officer in charge whether there are any medical reasons why the detained person should not be put under special control or restraint and the officer in charge shall give effect to any recommendation which the medical officer may make.

(4) A detained person shall not be kept under special control or restraint longer than necessary, nor shall he be so kept for longer than twenty-four hours without a direction in writing given by the Chief Executive Officer of the Detention Services Agency.

(5) A direction given under sub-regulation (4) shall state the grounds for the special control or restraint and the time during which it may continue.

(6) Particulars of every case of special control or restraint shall be recorded by the officer in charge in a manner to be directed by the Chief Executive Officer of the Detention Services Agency.

(7) The officer in charge and the medical officer shall visit any detained person placed under special control and restraint at reasonable intervals during every twenty-four hour period for so long as the special control or restraint continues to be applied.

(8) Saving the other provisions of this regulation, no detained person shall be put under special control or restraint otherwise than for safe custody, to give effect to directions lawfully given for his removal from Malta, or on medical grounds by direction of the medical officer.

(9) No detained person shall be put under special control or restraint as a punishment.

(10) Any means of special control or restraint shall be of a pattern authorised by the Chief Executive Officer of the Detention Services Agency and shall be used in such manner and under such conditions as the Chief Executive Officer of the Detention Services Agency may direct.