Criminal Justice and Courts Bill (HC Bill 169)

accommodation”), after paragraph (b) (but before “or”) insert—

“(ba) a secure college;”.

Criminal Justice Act 1961 (c. 39)1961 (c. 39)

5 The Criminal Justice Act 1961 is amended as follows.

6 5In section 23(4) (prison rules), after “a young offender institution” insert “, a
secure college,”.

7 In section 38(3)(a) (construction of references to sentence of imprisonment
etc)—

(a) for “young offenders” substitute “young offender”, and

(b) 10after “secure training centre” insert “or secure college”.

Criminal Justice Act 1982 (c. 48)Criminal Justice Act 1982 (c. 48)

8 (1) Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is
amended as follows.

(2) In subsection (1)(a)—

(a) 15omit “under section 225 of the Criminal Justice Act 2003”, and

(b) omit “under section 226A or 227 of that Act”.

(3) For subsection (1A) substitute—

“(1A) In this section—

(a) references to a sentence of imprisonment include a sentence
20of detention (other than a sentence of service detention
within the meaning of the Armed Forces Act 2006), including
a detention and training order and an order under section 211
of the Armed Forces Act 2006;

(b) references to a sentence of imprisonment for life include
25custody for life and detention at Her Majesty’s pleasure;

(c) references to a sentence of imprisonment for public
protection are to a sentence under section 225 or 226 of the
Criminal Justice Act 2003, including a sentence passed as a
result of section 219 or 221 of the Armed Forces Act 2006;

(d) 30references to an extended sentence are to a sentence under
section 226A, 226B, 227 or 228 of the Criminal Justice Act
2003, including a sentence passed as a result of section 219A,
220, 221A or 222 of the Armed Forces Act 2006;

(e) references to prison include youth detention accommodation
35(within the meaning of section 107(1) of the Powers of
Criminal Courts (Sentencing) Act 2000).”

(4) In subsection (6), omit “not within subsection (5) above”.

(5) After subsection (6) insert—

“(6A) Subsection (6) does not apply—

(a) 40where the person is within subsection (5), or

(b) where the sentence is a detention and training order or a
sentence under section 211 of the Armed Forces Act 2006.”

(6) Omit subsections (7) and (7A).

Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

9 In section 17(1)(cb)(i) of the Police and Criminal Evidence Act 1984 (entry for
purpose of arrest etc), for the words from “remand centre” to “secure
training centre” substitute “young offender institution, secure training
5centre or secure college”.

Water Industry Act 1991 (c. 56)Water Industry Act 1991 (c. 56)

10 In paragraph 13(2) of Schedule 4A to the Water Industry Act 1991 (premises
not to be disconnected for non-payment of a charge)—

(a) in paragraph (b), omit the words from “within” to “, or”, and

(b) 10after that paragraph insert—

“(ba) a secure college, or”.

Prisoners (Return to Custody) Act 1995 (c. 16)1995 (c. 16)

11 In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at
large after temporary release), after “secure training centre” insert “or secure
15college”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

12 In section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000
(definition of “youth detention accommodation” for the purposes of
detention and training orders), after paragraph (a) insert—

“(aa) 20a secure college;”.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

13 The Children Act 2004 is amended as follows.

14 In section 11(1) (arrangements to safeguard and promote welfare), after
paragraph (l) insert—

“(la) 25the principal of a secure college in England;”.

15 In section 13(3) (establishment of Local Safeguarding Children Boards), after
paragraph (i) insert—

“(ia) the principal of a secure college in the area of the authority;”.

16 In section 15(3)(c) (funding of Local Safeguarding Children Boards), after “or
30prison” insert “or the principal of a secure college”.

Childcare Act 2006 (c. 21)2006 (c. 21)

17 In section 18(7) of the Childcare Act 2006 (meaning of “childcare”)—

(a) in paragraph (a), omit “or”,

(b) at the end of paragraph (b), insert “, or”, and

(c) 35after paragraph (b) insert—

“(c) a secure college.”

Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

18 (1) Section 146 of the Education and Inspections Act 2006 (inspection of secure
training centres) is amended as follows.

(2) In the heading, after “secure training centres” insert “and secure colleges”.

(3) 5In subsection (1), after “secure training centres” insert “and secure colleges”.

(4) Omit subsection (3).

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

19 In section 2(7) of the Corporate Manslaughter and Corporate Homicide Act
2007 (relevant duty of care), in the definition of “custodial institution”, after
10“secure training centre,” insert “a secure college,”.

Offender Management Act 2007 (c. 21)2007 (c. 21)

20 The Offender Management Act 2007 is amended as follows.

21 In section 1(4) (meaning of “the probation purposes”), in the definition of
“prison”, for “and a secure training centre” substitute “, a secure training
15centre and a secure college”.

22 In section 14(5)(a) (disclosure)—

(a) in sub-paragraph (i), omit “and”,

(b) in sub-paragraph (ii), at the end insert “and”, and

(c) after sub-paragraph (ii) insert—

“(iii) 20secure colleges or persons detained in them;”.

Policing and Crime Act 2009 (c. 26)Policing and Crime Act 2009 (c. 26)

23 In paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009
(detention orders), after paragraph (a) insert—

“(aa) a secure college;”.

25Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

24 The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.

25 In section 102(2) (definition of “youth detention accommodation” for the
purposes of remand), after paragraph (a) insert—

“(aa) 30a secure college,”.

26 In section 103(1) (arrangements for remand), for “the accommodation in
secure children’s homes, or accommodation within section 102(2)(d), of”
substitute “the provision of accommodation of a kind listed in section 102(2)
for”.

35Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)2012 (c. 20)

27 (1) Section 4 of the Prisons (Interference with Wireless Telegraphy) Act 2012
(interpretation) is amended as follows.

(2) In subsection (1), in the definition of “relevant institution”, after paragraph

(d) insert—

“(e) a secure college in England;”.

(3)
In subsection (2), after paragraph (b) insert—

“(ba) in the case of a secure college in England, its principal;”.

Section 18

5SCHEDULE 4 Contracting out secure colleges

Part 1 Contracting out provision and running of secure colleges

Power to contract out

1 (1) 10The Secretary of State may enter into a contract with another person for the
other person to do either or both of the following—

(a) provide a secure college or part of such a college;

(b) run a secure college of part of such a college.

(2) The contract may provide for the running of the secure college, or the part of
15the college, to be sub-contracted.

(3) In this Schedule—

• “contracted-out secure college” means a secure college or part of a
  secure college in respect of which a contract under this Part of this
  Schedule is for the time being in force;

• 20“the contractor”, in relation to a contracted-out secure college, means
  the person who has contracted with the Secretary of State for the
  provision or running (or both) of the college;

• “sub-contractor”, in relation to a contracted-out secure college, means a
  person who has contracted with the contractor for the running of the
  25college or any part of it.

Application of Prison Act 1952 and secure college rules

2 A contracted-out secure college must be run in accordance with—

(a) this Schedule,

(b) the Prison Act 1952 as it applies to contracted-out secure colleges by
30virtue of section 43 of that Act and this Schedule, and

(c) secure college rules.

Leases and tenancies of land

3 (1) Where the Secretary of State grants a lease or tenancy of land for the
purposes of a contract under this Part of this Schedule, none of the following
35enactments apply to the lease or tenancy—

(a) Part 2 of the Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the Law of Property Act 1925 (restrictions on and relief
against forfeiture);

(c) section 19 of the Landlord and Tenant Act 1927 (covenants not to
assign etc);

(d) the Landlord and Tenant Act 1988 (consent to assigning etc);

(e) the Agricultural Holdings Act 1986.

(2) 5In this paragraph—

• “lease” includes an underlease;

• “tenancy” includes a sub-tenancy.

Principal

4 (1) The principal of a contracted-out secure college must be a secure college
10custody officer who is—

(a) appointed by the contractor, and

(b) specially approved for the purposes of this paragraph by the
Secretary of State.

(2) The principal has the functions conferred on the principal by—

(a) 15the Prison Act 1952 as it applies to contracted-out secure colleges,
and

(b) secure college rules.

Monitor

5 (1) Every contracted-out secure college must have a monitor.

(2) 20The monitor must be a Crown servant appointed by the Secretary of State.

(3) The monitor must—

(a) keep the running of the secure college by or on behalf of the principal
under review,

(b) investigate any allegations made against secure college custody
25officers performing custodial duties at the secure college or officers
of directly managed secure colleges who are temporarily attached to
the secure college, and

(c) report to the Secretary of State on the matters described in
paragraphs (a) and (b).

(4) 30The monitor also has the other functions conferred on the monitor by secure
college rules.

(5) The contractor and any sub-contractor must take all reasonable steps to
facilitate the carrying out by the monitor of the functions described in this
paragraph.

(6) 35They may do so by giving directions to officers of the secure college or
otherwise.

Officers

6 (1) Section 8 of the Prison Act 1952 (powers of prison officers) does not apply in
relation to officers of a contracted-out secure college.

(2) 40Sub-paragraph (1) does not affect the powers of an officer of a directly
managed secure college who is temporarily attached to a contracted-out
secure college.

Officers who perform custodial duties

7 Every officer of a contracted-out secure college who performs custodial
duties at the college must be—

(a) a secure college custody officer, or

(b) 5an officer of a directly managed secure college who is temporarily
attached to the contracted-out secure college.

8 A secure college custody officer performing custodial duties at a contracted-
out secure college has the following duties in relation to persons detained
there—

(a) 10to prevent their escape from lawful custody,

(b) to prevent, or detect and report on, the commission or attempted
commission by them of other unlawful acts,

(c) to ensure good order and discipline on their part, and

(d) to attend to their well-being.

9 (1) 15A secure college custody officer performing custodial duties at a contracted-
out secure college may search the following in accordance with secure
college rules—

(a) a person who is detained in the secure college,

(b) any other person who is in the secure college or who is seeking to
20enter the secure college, and

(c) an article in the possession of a person described in paragraph (b).

(2) The power under sub-paragraph (1)(b) does not include power to require a
person to submit to an intimate search (within the meaning of section 164(5)
of the Customs and Excise Management Act 1979).

10 25If authorised to do so by secure college rules, a secure college custody officer
may use reasonable force where necessary in carrying out functions under
paragraph 8 or 9.

11 (1) This paragraph applies where a secure college custody officer performing
custodial duties at a contracted-out secure college has reason to believe that
30a person who is in the college or seeking to enter the college, other than a
person detained there, is committing or has committed an offence under any
of sections 39 to 40D of the Prison Act 1952.

(2) The officer may require the person to wait with the officer for the arrival of
a constable for such period as is necessary, except that the person may not
35be required to wait for longer than 2 hours.

(3) The officer may use reasonable force to prevent the person from making off
during that period.

(4) A person who makes off during that period is guilty of an offence and liable,
on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5) 40In sub-paragraph (1), the reference to an offence under any of sections 39 to
40D of the Prison Act 1952 (a “1952 Act offence”) includes—

(a) an offence of attempting to commit a 1952 Act offence,

(b) an offence of conspiracy to commit a 1952 Act offence, and

(c) an offence under Part 2 of the Serious Crime Act 2007 (encouraging
45or assisting crime) in relation to which a 1952 Act offence is the
offence which the person intended or believed would be committed.

Intervention by Secretary of State

12 (1) This paragraph applies where it appears to the Secretary of State that—

(a) the principal of a contracted-out secure college has lost effective
control of the secure college or a part of it or is likely to do so, and

(b) 5it is necessary for the Secretary of State to exercise the power under
sub-paragraph (2) in the interests of preserving a person’s safety or
preventing serious damage to property.

(2) The Secretary of State may appoint a Crown servant (the “appointed
person”) to act as principal of the secure college for the period—

(a) 10beginning at the time specified in the appointment, and

(b) ending at the time specified in the notice of termination under sub-
paragraph (4).

(3) During that period—

(a) all of the functions of the principal or monitor are to be carried out
15by the appointed person,

(b) the contractor and any sub-contractor must take all reasonable steps
to facilitate the carrying out by the appointed person of those
functions, and

(c) the officers of the secure college must comply with any directions
20given by the appointed person in carrying out those functions.

(4) The Secretary of State must, by notice to the appointed person, terminate the
person’s appointment if satisfied that—

(a) the person has secured effective control of the secure college or, as
the case may be, the relevant part of it, and

(b) 25the person’s appointment is no longer necessary as mentioned in
sub-paragraph (1)(b).

(5) The Secretary of State must—

(a) give notice of an appointment under this paragraph to the persons
listed in sub-paragraph (6) as soon as practicable after making the
30appointment, and

(b) give a copy of a notice of termination of such an appointment to
those persons as soon as practicable after terminating it.

(6) Those persons are—

(a) the contractor,

(b) 35any sub-contractor,

(c) the principal, and

(d) the monitor.

Obstruction etc of secure college custody officers

13 (1) A person who resists or wilfully obstructs a secure college custody officer
40performing custodial duties at a contracted-out secure college commits an
offence.

(2) A person who commits an offence under this paragraph is liable, on
summary conviction, to a fine not exceeding level 3 on the standard scale.

Assault of secure college custody officers

14 (1) A person who assaults a secure college custody officer performing custodial
duties at a contracted-out secure college commits an offence.

(2) A person who commits an offence under this paragraph is liable, on
5summary conviction, to imprisonment for a term not exceeding 51 weeks or
a fine (or both).

(3) In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to
51 weeks is to be read as a reference to 6 months.

(4) 10In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (2) to a fine is to be read as a reference to a fine
not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

15 (1) 15A person who is or has been employed at a contracted-out secure college
(whether as a secure college custody officer or otherwise) commits an
offence if the person discloses information—

(a) which the person acquired in the course of the employment, and

(b) which relates to a particular person detained in youth detention
20accommodation.

(2) It is not an offence under this paragraph for a person to disclose
information—

(a) in the course of the person’s duty, or

(b) when authorised to do so by the Secretary of State.

(3) 25A person who commits an offence under this paragraph is liable—

(a) on conviction on indictment, to imprisonment for a term not
exceeding 2 years or a fine (or both), and

(b) on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).

(4) 30In relation to an offence committed before section 154(1) of the Criminal
Justice Act 2003 comes into force, the reference in sub-paragraph (3)(b) to 12
months is to be read as a reference to 6 months.

(5) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
35reference in sub-paragraph (3)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.

Part 2 Certification of secure college custody officers

Meaning of “secure college custody officer”

16 40In this Schedule, “secure college custody officer” means a person in respect
of whom a certificate under this Part of this Schedule is for the time being in

force certifying that the person has been approved by the Secretary of State
for the purposes of performing custodial duties at secure colleges.

Issue of certificate

17 (1) The Secretary of State may, on an application by a person, issue a certificate
5in respect of the person if satisfied that the person—

(a) is a fit and proper person to perform custodial duties at secure
colleges, and

(b) has received training to such standard as the Secretary of State
considers appropriate for the performance of those functions.

(2) 10The certificate must state that it is to cease to be in force on a date or on the
occurrence of an event.

(3) Once issued, the certificate continues in force until that date or event, subject
to any previous suspension or revocation under paragraph 18 or 19.

Suspension of certificate

18 (1) 15This paragraph applies where—

(a) in the case of a secure college custody officer performing custodial
duties at a contracted-out secure college, it appears to the monitor of
the college that the officer is not a fit and proper person to perform
such duties at secure colleges, or

(b) 20in the case of a secure college custody officer performing contracted-
out functions at a directly managed secure college, it appears to the
principal of the college that the officer is not a fit and proper person
to perform custodial duties at secure colleges.

(2) The monitor or principal may—

(a) 25refer the matter to the Secretary of State for a decision under
paragraph 19, and

(b) in circumstances prescribed by regulations made by the Secretary of
State, suspend the officer’s certificate pending that decision.

(3) Regulations under this paragraph may—

(a) 30prescribe different circumstances for different cases;

(b) include transitional, transitory or saving provision.

(4) Regulations under this paragraph are to be made by statutory instrument.

(5) A statutory instrument containing regulations under this paragraph is
subject to annulment in pursuance of a resolution of either House of
35Parliament

Revocation of certificate

19 Where it appears to the Secretary of State that a secure college custody
officer is not a fit and proper person to perform custodial duties at secure
colleges, the Secretary of State may revoke the officer’s certificate.

Part 3 Contracting out functions at directly managed secure colleges

Power to contract out functions at directly managed secure college

20 (1) The Secretary of State may enter into a contract with another person for
5functions to be carried out at a directly managed secure college by secure
college custody officers provided by that person.

(2) In this Schedule, “contracted-out functions” means any functions which, by
virtue of a contract under this paragraph, fall to be performed by secure
college custody officers.

10Powers of officers carrying out contracted-out functions

21 Paragraphs 6(1) and 8 to 11 apply in relation to a secure college custody
officer carrying out contracted-out functions at a directly managed secure
college as they apply in relation to a secure college custody officer carrying
out functions at a contracted-out secure college.

22 15In relation to a directly managed secure college, the reference to an officer of
the prison in section 13(2) of the Prison Act 1952 (legal custody of prisoners),
as it applies to secure colleges, includes a reference to a secure college
custody officer performing custodial duties at the secure college in
accordance with a contract under paragraph 20.

20Obstruction etc of secure college custody officers

23 (1) A person who resists or wilfully obstructs a secure college custody officer
performing contracted-out functions at a directly managed secure college
commits an offence.

(2) A person who commits an offence under this paragraph is liable, on
25summary conviction, to a fine not exceeding level 3 on the standard scale.

Assault of secure college custody officers

24 (1) A person who assaults a secure college custody officer performing
contracted-out functions at a directly managed secure college commits an
offence.

(2) 30A person who commits an offence under this paragraph is liable, on
summary conviction, to imprisonment for a term not exceeding 51 weeks or
a fine (or both).

(3) In relation to an offence committed before the commencement of section
281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (2) to
3551 weeks is to be read as a reference to 6 months.

(4) In relation to an offence committed before section 85 of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force, the
reference in sub-paragraph (2) to a fine is to be read as a reference to a fine
not exceeding level 5 on the standard scale.