 | |
| Arrangements for the provision of escorts and custody. |
127. - (1) The Secretary of State may make arrangements for-
|
| |
(a) the delivery of detained persons to premises in which they may lawfully be detained; |
| |
(b) the delivery of persons from any such premises for the purposes of their removal from the United Kingdom in accordance with directions given under the 1971 Act or this Act; |
| |
(c) the custody of detained persons who are temporarily outside such premises; |
| |
(d) the custody of detained persons held on the premises of any court. |
| |
(2) Escort arrangements may provide for functions under the arrangements to be performed, in such cases as may be determined by or under the arrangements, by detainee custody officers.
|
| |
(3) "Court" includes-
|
| |
|
| |
(b) the Immigration Appeal Tribunal; |
| |
(c) the Special Immigration Appeals Commission established by section 1(1) of the Special Immigration Appeals Commission Act 1997. |
| |
(4) Escort arrangements may include entering into contracts with other persons for the provision by them of-
|
| |
(a) detainee custody officers; or |
| |
(b) prisoner custody officers who are certified under the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform escort functions. |
| |
(5) Schedule 11 makes further provision about escort arrangements.
|
| |
(6) A person responsible for performing a function of a kind mentioned in subsection (1), in accordance with a transfer direction, complies with the direction if he does all that he reasonably can to secure that the function is performed by a person acting in accordance with escort arrangements.
|
| |
(7) "Transfer direction" means a transfer direction given under-
|
| |
(a) section 48 of the Mental Health Act 1983 or section 71 of the Mental Health (Scotland) Act 194 (removal to hospital of, among others, persons detained under the 1971 Act); or |
| |
(b) in Northern Ireland, article 54 of the Mental Health (Northern Ireland) Order 1986 (provision corresponding to section 48 of the 1983 Act). |
| |
Miscellaneous |
| Wrongful disclosure of information. |
128. - (1) A person who is or has been employed (whether as a detainee custody officer, prisoner custody officer or otherwise)-
|
| |
(a) in accordance with escort arrangements, |
| |
(b) at a contracted out detention centre, or |
| |
(c) to perform contracted out functions at a directly managed detention centre, |
| |
is guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular detained person.
|
| |
(2) A person guilty of such an offence is liable-
|
| |
(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both; |
| |
(b) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both. |
| |
(3) "Contracted out functions" means functions which, as the result of a contract entered into under section 121, fall to be performed by detainee custody officers or prisoner custody officers.
|
| Power of constable to act outside his jurisdiction. |
129. - (1) For the purpose of taking a person to or from a detention centre under the order of any authority competent to give the order, a constable may act outside the area of his jurisdiction.
|
| |
(2) When acting under this section, the constable concerned retains all the powers, authority, protection and privileges of his office.
|
