|
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|
(9) | In this section “enactment” includes any subordinate legislation (within the |
| |
meaning of the Interpretation Act 1978 (c. 30). |
| |
| |
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Contracted out prisons and secure training centres |
| 5 |
11 | Power of search in contracted out prisons and secure training centres |
| |
(1) | In section 86 of the Criminal Justice Act 1991 (c. 53) (powers and duties of |
| |
prisoner custody officers in contracted out prisons)— |
| |
(a) | in subsection (1)(b), after “search” there is inserted “in accordance with |
| |
| 10 |
(b) | in subsection (2), for the words from “remove” to the end there is |
| |
substituted “submit to an intimate search (within the meaning of |
| |
section 164(5) of the Customs and Excise Management Act 1979).”. |
| |
(2) | In section 9 of the Criminal Justice and Public Order Act 1994 (c. 33) (powers |
| |
and duties of custody officers in contracted out secure training centres)— |
| 15 |
(a) | in subsection (1)(b), after “search” there is inserted “in accordance with |
| |
secure training centre rules”; and |
| |
(b) | in subsection (2), for the words from “remove” to the end there is |
| |
substituted “submit to an intimate search (within the meaning of |
| |
section 164(5) of the Customs and Excise Management Act 1979).”. |
| 20 |
12 | Power of detention in contracted out prisons and secure training centres |
| |
(1) | After section 86 of the Criminal Justice Act 1991 there is inserted— |
| |
“86A | Power of prisoner custody officers to detain suspected offenders |
| |
(1) | A prisoner custody officer performing custodial duties at a contracted |
| |
out prison shall have the following powers in relation to any person |
| 25 |
who is in or is seeking to enter the prison (other than a prisoner |
| |
| |
(2) | Where the officer has reason to believe that the person is committing or |
| |
has committed an offence under any of sections 39 to 40D of the Prison |
| |
Act 1952, the officer may— |
| 30 |
(a) | require the person to wait with him for the arrival of a constable |
| |
for such period as may be necessary (not exceeding two hours); |
| |
| |
(b) | use reasonable force to prevent the person from making off |
| |
while subject to a requirement under paragraph (a). |
| 35 |
(3) | A person who makes off while subject to such a requirement is guilty |
| |
of an offence and liable, on summary conviction, to a fine not exceeding |
| |
level 3 on the standard scale. |
| |
(4) | In subsection (2), a reference to an offence under a particular provision |
| |
includes a reference to any offence consisting of an attempt to commit, |
| 40 |
incitement or conspiracy to commit, or aiding, abetting, counselling or |
| |
procuring the commission of, an offence under that provision.” |
| |
|
| |
|
| |
|
(2) | In section 88A(2) of that Act (contracted out functions at a directly managed |
| |
| |
(a) | for “Section 86” there is substituted “Sections 86 and 86A”; and |
| |
(b) | for “it applies” there is substituted “they apply”. |
| |
(3) | After section 9 of the Criminal Justice and Public Order Act 1994 (c. 33) there is |
| 5 |
| |
“9A | Power of custody officers to detain suspected offenders |
| |
(1) | A custody officer performing custodial duties at a contracted out secure |
| |
training centre shall have the following powers in relation to any |
| |
person who is in or is seeking to enter the centre (other than a person |
| 10 |
| |
(2) | Where the officer has reason to believe that the person is committing or |
| |
has committed an offence under any of sections 39 to 40D of the Prison |
| |
Act 1952, the officer may— |
| |
(a) | require the person to wait with him for the arrival of a constable |
| 15 |
for such period as may be necessary (not exceeding two hours); |
| |
| |
(b) | use reasonable force to prevent the person from making off |
| |
while subject to a requirement under paragraph (a). |
| |
(3) | A person who makes off while subject to such a requirement is guilty |
| 20 |
of an offence and liable, on summary conviction, to a fine not exceeding |
| |
level 3 on the standard scale. |
| |
(4) | In subsection (2), a reference to an offence under a particular provision |
| |
includes a reference to any offence consisting of an attempt to commit, |
| |
incitement or conspiracy to commit, or aiding, abetting, counselling or |
| 25 |
procuring the commission of, an offence under that provision.” |
| |
(4) | In section 11(2) of that Act (contracted out functions at directly managed secure |
| |
| |
(a) | for “Section 9” there is substituted “Sections 9 and 9A”; and |
| |
(b) | for “it applies” there is substituted “they apply”. |
| 30 |
13 | Powers of authorised persons to perform custodial duties and search |
| |
| |
(1) | The Criminal Justice Act 1991 (c. 53) is amended as follows. |
| |
(2) | After section 86A (inserted by section 12 above) there is inserted— |
| |
“86B | Powers of authorised persons to perform custodial duties |
| 35 |
| |
“restricted activity” means an activity which is (apart from this |
| |
section) required by section 85(1) to be carried out by an officer |
| |
of a contracted-out prison who is— |
| |
(a) | a prisoner custody officer authorised to perform |
| 40 |
| |
(b) | a prison officer temporarily attached to the prison; and |
| |
“worker”, in relation to a contracted out prison, means a person |
| |
who works at the prison, other than an officer mentioned above. |
| |
|
| |
|
| |
|
(2) | The Secretary of State may by order specify descriptions of restricted |
| |
activity that may be the subject of authorisations under subsection (3) |
| |
given to workers at a contracted-out prison. |
| |
(3) | A worker at a contracted-out prison may carry out any activity of a |
| |
description specified under subsection (2), but only if and to the extent |
| 5 |
that he is for the time being authorised to do so by the director of the |
| |
| |
(4) | The director may give such authorisation— |
| |
(a) | in general or specific terms, subject to any limitations or |
| |
conditions he considers appropriate; and |
| 10 |
(b) | to one or more particular workers or to any worker who is (or |
| |
comes to be) within a specified description of workers at the |
| |
| |
(5) | Nothing in an order or authorisation under this section is to be taken as |
| |
authorising the use of force. |
| 15 |
(6) | An order under this section shall be made by statutory instrument |
| |
which shall be subject to annulment in pursuance of a resolution of |
| |
either House of Parliament.” |
| |
(3) | In section 85(1) (officers of contracted out prisons), after “shall”, in the words |
| |
following paragraph (b), there is inserted “(subject to section 86B)”. |
| 20 |
14 | Powers of director of a contracted out prison |
| |
Section 85(3) of the Criminal Justice Act 1991 (c. 53) (director of a contracted out |
| |
prison not to exercise certain adjudication powers or order removal etc of |
| |
prisoner) shall cease to have effect. |
| |
15 | Amendment of section 87 of the Criminal Justice Act 1991 |
| 25 |
(1) | Section 87 of the Criminal Justice Act 1991 (modification of Prison Act 1952 in |
| |
its application to a contracted out prison) is amended as follows. |
| |
(2) | For subsection (3) there is substituted— |
| |
“(3) | Section 8 (powers of prison officers) shall not apply (but this does not |
| |
affect the powers of a prison officer who is temporarily attached to the |
| 30 |
| |
(3) | In subsection (4), after “sections” there is inserted “8A(3), (4) and (5)”. |
| |
Offences relating to prison security |
| |
16 | Assisting a prisoner to escape |
| |
For section 39 of the Prison Act 1952 (c. 52) there is substituted— |
| 35 |
“39 | Assisting a prisoner to escape |
| |
| |
(a) | assists a prisoner in escaping or attempting to escape from a |
| |
| |
(b) | intending to facilitate the escape of a prisoner— |
| 40 |
|
| |
|
| |
|
(i) | brings, throws or otherwise conveys anything into a |
| |
| |
(ii) | causes another person to bring, throw or otherwise |
| |
convey anything into a prison, or |
| |
(iii) | gives anything to a prisoner or leaves anything in any |
| 5 |
place (whether inside or outside a prison), |
| |
| |
(2) | A person guilty of an offence under this section is liable on conviction |
| |
on indictment to imprisonment for a term not exceeding ten years.” |
| |
17 | Conveyance of prohibited articles into or out of prison |
| 10 |
(1) | For section 40 of the Prison Act 1952 (c. 52) there is substituted— |
| |
“40A | Sections 40B and 40C: classification of articles |
| |
(1) | This section defines the categories of articles which are referred to in |
| |
| |
(2) | A List A article is any article or substance in the following list (“List |
| 15 |
| |
(a) | a controlled drug (as defined for the purposes of the Misuse of |
| |
| |
| |
(c) | any firearm or ammunition (as defined in section 57 of the |
| 20 |
| |
(d) | any other offensive weapon (as defined in section 1(9) of the |
| |
Police and Criminal Evidence Act 1984). |
| |
(3) | A List B article is any article or substance in the following list (“List |
| |
| 25 |
(a) | alcohol (as defined for the purposes of the Licensing Act 2003); |
| |
| |
| |
(d) | a sound-recording device. |
| |
| 30 |
“camera” includes any device by means of which a photograph (as |
| |
defined in section 40E) can be produced; |
| |
“sound-recording device” includes any device by means of which |
| |
a sound-recording (as defined in section 40E) can be made. |
| |
(5) | A List C article is any article or substance prescribed for the purposes |
| 35 |
of this subsection by prison rules. |
| |
(6) | The Secretary of State may by order amend this section for the purpose |
| |
| |
(a) | adding an entry to List A or List B; |
| |
(b) | repealing or modifying any entry for the time being included in |
| 40 |
| |
(c) | adding, repealing or modifying any provision for the |
| |
interpretation of any such entry. |
| |
|
| |
|