Subject to subsection (2), a prison officer may use weapons against a prisoner—
prison officer
“prison officer” means a uniformed staff of the prison department from and including the rank of Commissioner General of Prison down to and including a Warder;
escaping or attempting to escape and where the prison officer has reasonable grounds to believe that he cannot otherwise prevent the escape or attempt to escape;
engaged in—
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a combined outbreak; or
an attempt to force or break open any door, gate or enclosure wall of the prison; or
using violence on a person and where the prison officer has reasonable grounds to believe that the person is in danger of life or limb, or that other grievous hurt is likely to be caused to the person.
A prison officer shall give a warning to a prisoner that he is about to fire on him before using arms in the circumstances mentioned in subsection (1).
prisoner
“prisoner” means a person, whether convicted or not, under confinement in a prison and in relation to a convicted prisoner, includes a prisoner released on parole;
No prison officer shall, in the presence of his superior officer, use arms against a prisoner in the case of an outbreak or attempt to escape except under the orders of the superior officer:
Provided that the prison officer may use arms in circumstances where it is not reasonably practicable to obtain the order of the superior officer and that such circumstances are furnished to the superior officer.
The use of weapons under this section shall be, as far as possible, to disable and not to kill.
A police officer whilst in the capacity of an escort guard or of a guard in or about a prison or lock-up for the purpose of ensuring the safe custody of a prisoner shall be subject to the provisions of this section.
police officer
“police officer” has the meaning assigned thereto under the Police Act 1967;