Criminal Justice and Courts Bill (HL Bill 30)

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

23 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,”.

5Offender Management Act 2007 (c. 21)2007 (c. 21)

24 The Offender Management Act 2007 is amended as follows.

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

26 10In 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) secure colleges or persons detained in them;”.

15Policing and Crime Act 2009 (c. 26)Policing and Crime Act 2009 (c. 26)

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

“(aa) a secure college;”.

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

28 20The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.

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

“(aa) a secure college,”.

30 25In 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”.

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

31 (1) 30Section 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 or Wales;”.

(3)
35In subsection (2), after paragraph (b) insert—

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

Social Services and Well-being (Wales) Act 2014 (anaw 4)

32 (1) The Social Services and Well-being (Wales) Act 2014 is amended as follows.

(2) In section 134(8) (Safeguarding Children Boards and Safeguarding Adults
Boards)—

(a) for “Crown or” substitute “Crown,” and

(b) after “director)” insert “or the principal of a secure college”.

(3) 5In section 188(1) (interpretation of sections 185 to 187), in the definition of
“youth detention accommodation”, after paragraph (b) insert—

“(ba) a secure college;”.

Section 30

SCHEDULE 6 Contracting out secure colleges

10Part 1 Contracting out provision and running of secure colleges

Power 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) 15provide a secure college or part of such a college;

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

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

(3) In this Schedule—

• 20“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;

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

Application of Prison Act 1952 and secure college rules

2 30A 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
virtue of section 43 of that Act and this Schedule, and

(c) secure college rules.

35Leases 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
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) section 19 of the Landlord and Tenant Act 1927 (covenants not to
assign etc);

(d) 5the Landlord and Tenant Act 1988 (consent to assigning etc);

(e) the Agricultural Holdings Act 1986.

(2) In this paragraph—

• “lease” includes an underlease;

• “tenancy” includes a sub-tenancy.

10Principal

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) specially approved for the purposes of this paragraph by the
15Secretary 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) secure college rules.

20Monitor

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) keep the running of the secure college by or on behalf of the principal
25under 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
the secure college, and

(c) 30report 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) The contractor and any sub-contractor must take all reasonable steps to
35facilitate 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.

Officers

6 (1) 40Section 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
secure college.

Officers who perform custodial duties

7 5Every officer of a contracted-out secure college who performs custodial
duties at the college must be—

(a) a secure college custody officer, or

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

8 10A 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) to prevent, or detect and report on, the commission or attempted
15commission 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-
out secure college may search the following in accordance with secure
20college 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) an article in the possession of a person described in paragraph (b).

(2) 25The 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
may use reasonable force where necessary in carrying out functions under
30paragraph 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
person detained there, is committing or has committed an offence under any
35of 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) The officer may use reasonable force to prevent the person from making off
40during 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
40D of the Prison Act 1952 (a “1952 Act offence”) includes—

(a) 45an 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
offence which the person intended or believed would be committed.

5Intervention 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) it is necessary for the Secretary of State to exercise the power under
10sub-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) beginning at the time specified in the appointment, and

(b) 15ending 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
by the appointed person,

(b) 20the 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
given by the appointed person in carrying out those functions.

(4) 25The 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) the person’s appointment is no longer necessary as mentioned in
30sub-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
appointment, and

(b) 35give 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) any sub-contractor,

(c) 40the 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
performing custodial duties at a contracted-out secure college commits an
45offence.

(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
5duties 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 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
10281(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
15not 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) 20which 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) 25in 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) 30on 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) 35In 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 Certification of secure college custody officers

Meaning of “secure college custody officer”

16 In this Schedule, “secure college custody officer” means a person in respect
5of 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
10in 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) 15The 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) 20This 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) 25in 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) 30refer 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) 35prescribe 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
40Parliament

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.

5Part 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
functions to be carried out at a directly managed secure college by secure
10college 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.

Powers of officers carrying out contracted-out functions

21 15Paragraphs 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 In relation to a directly managed secure college, the reference to an officer of
20the 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.

Obstruction etc of secure college custody officers

23 (1) 25A 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
summary conviction, to a fine not exceeding level 3 on the standard scale.

30Assault 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) A person who commits an offence under this paragraph is liable, on
35summary 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) 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.

5Wrongful disclosure of information relating to persons in youth detention accommodation

25 (1) A person who is or has been employed to perform contracted-out functions
at a directly managed secure college commits an offence if the person
discloses any information—

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

(b) 10which 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) in the course of the person’s duty, or

(b) 15when 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) on summary conviction, to imprisonment for a term not exceeding 12
20months 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) In relation to an offence committed before section 85 of the Legal Aid,
25Sentencing 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.

Supplementary

26 The references in paragraphs 20, 21 and 22 to the carrying out of functions
30or the performance of custodial duties at a secure college include references
to the carrying out of functions or the performance of such duties for the
purposes of, or for purposes connected with, a secure college.

Part 4 Definitions

27 35In this Schedule—

• “contracted-out functions” has the meaning given in paragraph 20;

• “contracted-out secure college” has the meaning given in paragraph 1;

• “the contractor”, in relation to a contracted-out secure college, has the
  meaning given in paragraph 1;

• 40“directly managed secure college” means a secure college which is not
  a contracted-out secure college;

• “secure college custody officer” has the meaning given in paragraph 16;

Criminal Justice and Courts BillPage 99

• “secure college rules” means rules made under section 47 of the Prison
  Act 1952 for the regulation and management of secure colleges;

• “sub-contractor”, in relation to a contracted-out secure college, has the
  meaning given in paragraph 1.

5Part 5 Further amendments

Firearms Act 1968 (c. 27)1968 (c. 27)

28 (1) Schedule 1 to the Firearms Act 1968 (offences to which section 17(2) of that
Act applies) is amended as follows.

(2) 10After paragraph 6 insert—

“6A An offence under paragraph 14 or 24 of Schedule 6 to the Criminal
Justice and Courts Act 2014 (assaulting secure college custody
officer).”

(3) In paragraph 8, for “6” substitute “6A”.

15Criminal Justice Act 1988 (c. 33)1988 (c. 33)

29 In section 40(3) of the Criminal Justice Act 1988 (powers to join in indictment
count for certain offences), after paragraph (ab) insert—

“(ac) an offence under paragraph 14 or 24 of Schedule 6 to the
Criminal Justice and Courts Act 2014 (assaulting secure
20college custody officer);”.

Private Security Industry Act 2001 (c. 12)2001 (c. 12)

30 In paragraph 2(7) of Schedule 2 to the Private Security Industry Act 2001
(manned guarding activities not liable to control), after paragraph (c)
insert—

“(cza) 25activities that are carried out for the purposes of the
performance of a contract entered into under, or for the
purposes of, paragraph 1 of Schedule 6 to the Criminal
Justice and Courts Act 2014 (contracting out of secure
colleges) or paragraph 20 of that Schedule (contracted-out
30functions at directly managed secure colleges);”.

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

31 The Children Act 2004 is amended as follows.

32 In section 15(3) (funding of Local Safeguarding Children Boards)—

(a) in paragraph (c), after “principal of a” insert “directly managed”, and

(b) 35in paragraph (d), after “or prison” insert “or the principal of a
contracted-out secure college”.

33 In section 33(3) (funding of Local Safeguarding Children Boards in Wales)—

(a) in paragraph (c), after “principal of a” insert “directly managed”, and

(b) in paragraph (d), after “or prison” insert “or the principal of a
40contracted-out secure college”.