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Criminal Justice and Courts BillPage 70

Section 6

SCHEDULE 2 Electronic monitoring and licences etc: consequential provision

Crime (Sentences) Act 1997 (c. 43)Crime (Sentences) Act 1997 (c. 43)

1 In section 31 of the Crime (Sentences) Act 1997 (duration and conditions of
5licences), for subsection (3) substitute—

(3) The Secretary of State must not include a condition in a life prisoner’s
licence on release, insert a condition in such a licence or vary or
cancel a condition of such a licence except—

(a) in accordance with recommendations of the Parole Board, or

(b) 10where required to do so by an order under section 62A of the
Criminal Justice and Court Services Act 2000 (compulsory
electronic monitoring conditions).

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

2 (1) Section 62 of the Criminal Justice and Court Services Act 2000 (release on
15licence etc: conditions as to monitoring) is amended as follows.

(2) Omit subsection (3).

(3) In the heading of that section, for “conditions as to monitoring” substitute
“electronic monitoring conditions”.

Criminal Justice Act 2003 (c. 44)Criminal Justice Act 2003 (c. 44)

3 20The Criminal Justice Act 2003 is amended as follows.

4 (1) Section 250(4) (licence conditions) is amended as follows.

(2) After paragraph (a) (but before “and”) insert—

(aa) must include any electronic monitoring conditions required
by an order under section 62A of the Criminal Justice and
25Court Services Act 2000,.

(3) In paragraph (b)(i), after “any” insert “other”.

5 (1) Section 253 (curfew condition for licence under section 246, 255B or 255C) is
amended as follows.

(2) In subsection (1), for “requirements for securing the” substitute “a
30requirement, imposed under section 62 of the Criminal Justice and Court
Services Act 2000, to submit to”.

(3) Omit subsection (5).

6 In section 256B(7) (supervision after release of certain young offenders
serving less than 12 months: requirements that may be imposed), in
35paragraphs (a) and (b), for “for securing the” substitute “to submit to”.

Criminal Justice and Courts BillPage 71

Section 19

SCHEDULE 3 Secure colleges etc: further amendments

Prison Act 1952 (c. 52)Prison Act 1952 (c. 52)

1 The Prison Act 1952 is amended as follows.

2 5In section 37(4) (closing of prisons etc), for “or secure training centre”
substitute “, secure training centre or secure college”.

3 (1) Section 47 (rules for the management of prisons etc) is amended as follows.

(2) In subsection (1), for “or secure training centres respectively” substitute “,
secure training centres or secure colleges”.

(3) 10In subsection (1A)(a), after “secure training centres” insert “, secure
colleges”.

(4) In subsection (4A)—

(a) for “the inspection of secure training centres and” substitute

(a) the inspection of secure training centres and secure
15colleges, and

(b),

(b) for “visit secure training centres” substitute “visit them”, and

(c) for “detained in secure training centres” substitute “detained there”.

(5) In subsection (5), for “or secure training centre” substitute “, secure training
20centre or secure college”.

(6) For the heading of that section substitute “Rules for the management of
prisons and places for the detention of young offenders”.

4 In section 49(5) (persons unlawfully at large: definition of “youth detention
accommodation”), after paragraph (b) (but before “or”) insert—

(ba) 25a secure college;.

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

5 The Criminal Justice Act 1961 is amended as follows.

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

7 30In section 38(3)(a) (construction of references to sentence of imprisonment
etc)—

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

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

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

8 (1) 35Section 32 of the Criminal Justice Act 1982 (early release of prisoners) is
amended as follows.

(2) In subsection (1)(a)—

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

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

Criminal Justice and Courts BillPage 72

(3) For subsection (1A) substitute—

(1A) In this section—

(a) references to a sentence of imprisonment include a sentence
of detention (other than a sentence of service detention
5within 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
custody for life and detention at Her Majesty’s pleasure;

(c) 10references 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) references to an extended sentence are to a sentence under
15section 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
(within the meaning of section 107(1) of the Powers of
20Criminal 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) where the person is within subsection (5), or

(b) 25where 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
30purpose of arrest etc), for the words from “remand centre” to “secure
training centre” substitute “young offender institution, secure training
centre 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
35not to be disconnected for non-payment of a charge)—

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

(b) after that paragraph insert—

(ba) a secure college, or.

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

11 40In section 1(2) of the Prisoners (Return to Custody) Act 1995 (remaining at
large after temporary release), after “secure training centre” insert “or secure
college”.

Criminal Justice and Courts BillPage 73

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) 5a 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) 10the 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
15prison” insert “or the principal of a secure college”.

17 In section 28(1) (arrangements to safeguard and promote welfare: Wales),
after paragraph (h) insert—

(ha) the principal of a secure college in Wales;.

18 In section 31(3) (establishment of Local Safeguarding Children Boards in
20Wales), after paragraph (f) insert—

(fa) the principal of a secure college in the area of the authority;.

19 In section 33(3)(c) (funding of Local Safeguarding Children Boards in
Wales), after “or prison” insert “or the principal of a secure college”.

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

20 25In 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) after paragraph (b) insert—

(c) a secure college.

30Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

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

(4) 35Omit subsection (3).

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

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

Criminal Justice and Courts BillPage 74

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

23 The Offender Management Act 2007 is amended as follows.

24 In section 1(4) (meaning of “the probation purposes”), in the definition of
“prison”, for “and a secure training centre” substitute “, a secure training
5centre and a secure college”.

25 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) 10secure colleges or persons detained in them;.

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

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

(aa) a secure college;.

15Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

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

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

(aa) 20a secure college,.

29 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”.

25Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)2012 (c. 20)

30 (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) 30a secure college in England or Wales;.

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

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

Criminal Justice and Courts BillPage 75

Section 20

SCHEDULE 4 Contracting out secure colleges

Part 1 Contracting out provision and running of secure colleges

5Power to contract out

1 (1) The 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 or part of such a college.

(2) 10The contract may provide for the running of the secure college, or the part of
the college, to be sub-contracted.

(3) In this Schedule—

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) 25the Prison Act 1952 as it applies to contracted-out secure colleges by
virtue 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
30purposes of a contract under this Part of this Schedule, none of the following
enactments 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) 35section 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) In this paragraph—

Criminal Justice and Courts BillPage 76

Principal

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

(a) appointed by the contractor, and

(b) 5specially approved for the purposes of this paragraph by the
Secretary of State.

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

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

(b) 10secure college rules.

Monitor

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

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

(3) The monitor must—

(a) 15keep the running of the secure college by or on behalf of the principal
under review,

(b) investigate any allegations made against secure college custody
officers performing custodial duties at the secure college or officers
of directly managed secure colleges who are temporarily attached to
20the secure college, and

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

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

(5) 25The 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) They may do so by giving directions to officers of the secure college or
otherwise.

30Officers

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) Sub-paragraph (1) does not affect the powers of an officer of a directly
managed secure college who is temporarily attached to a contracted-out
35secure 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) 40an officer of a directly managed secure college who is temporarily
attached to the contracted-out secure college.

Criminal Justice and Courts BillPage 77

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) to prevent their escape from lawful custody,

(b) 5to 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) A secure college custody officer performing custodial duties at a contracted-
10out 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
enter the secure college, and

(c) 15an 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 If authorised to do so by secure college rules, a secure college custody officer
20may 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
a person who is in the college or seeking to enter the college, other than a
25person 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
be required to wait for longer than 2 hours.

(3) 30The 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) In sub-paragraph (1), the reference to an offence under any of sections 39 to
3540D 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
or assisting crime) in relation to which a 1952 Act offence is the
40offence 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

Criminal Justice and Courts BillPage 78

(b) it 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
5person”) to act as principal of the secure college for the period—

(a) beginning 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) 10all of the functions of the principal or monitor are to be carried out
by 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) 15the officers of the secure college must comply with any directions
given 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
20the case may be, the relevant part of it, and

(b) the 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
25listed in sub-paragraph (6) as soon as practicable after making the
appointment, 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) 30the contractor,

(b) any sub-contractor,

(c) the principal, and

(d) the monitor.

Obstruction etc of secure college custody officers

13 (1) 35A person who resists or wilfully obstructs 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
summary conviction, to a fine not exceeding level 3 on the standard scale.

40Assault 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.

Criminal Justice and Courts BillPage 79

(2) A 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
5281(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) 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
10not exceeding level 5 on the standard scale.

Wrongful disclosure of information relating to persons in youth detention accommodation

15 (1) A 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) 15which the person acquired in the course of the employment, and

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

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

(a) 20in the course of the person’s duty, or

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

(3) A 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) 25on summary conviction, to imprisonment for a term not exceeding 12
months or a fine (or both).

(4) In 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) 30In 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 (3)(b) to a fine is to be read as a reference to a fine
not exceeding the statutory maximum.

Part 2 35Certification of secure college custody officers

Meaning of “secure college custody officer”

16 In 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
40for the purposes of performing custodial duties at secure colleges.

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