House of Commons portcullis
House of Commons
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill


Offender Management Bill
Part 2 — Prisons

8

 

(9)   

In this section “enactment” includes any subordinate legislation (within the

meaning of the Interpretation Act 1978 (c. 30).

Part 2

Prisons

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

prison rules”; and

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

confined in the prison).

(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);

and

(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.”

 
 

Offender Management Bill
Part 2 — Prisons

9

 

(2)   

In section 88A(2) of that Act (contracted out functions at a directly managed

prison)—

(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

inserted—

“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

detained in the centre).

(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);

and

(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

training centres)—

(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

prisoners

(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

(1)   

In this section—

“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

custodial duties; or

(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.

 
 

Offender Management Bill
Part 2 — Prisons

10

 

(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

prison.

(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

prison.

(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

prison).”

(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

(1)   

A person who—

(a)   

assists a prisoner in escaping or attempting to escape from a

prison, or

(b)   

intending to facilitate the escape of a prisoner—

40

 
 

Offender Management Bill
Part 2 — Prisons

11

 

(i)   

brings, throws or otherwise conveys anything into a

prison,

(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),

   

is guilty of an offence.

(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

sections 40B and 40C.

(2)   

A List A article is any article or substance in the following list (“List

15

A”)—

(a)   

a controlled drug (as defined for the purposes of the Misuse of

Drugs Act 1971);

(b)   

an explosive;

(c)   

any firearm or ammunition (as defined in section 57 of the

20

Firearms Act 1968);

(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

B”)—

25

(a)   

alcohol (as defined for the purposes of the Licensing Act 2003);

(b)   

a mobile telephone;

(c)   

a camera;

(d)   

a sound-recording device.

(4)   

In List B—

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

of—

(a)   

adding an entry to List A or List B;

(b)   

repealing or modifying any entry for the time being included in

40

List A or List B;

(c)   

adding, repealing or modifying any provision for the

interpretation of any such entry.

 
 

 
previous section contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2006
Revised 23 November 2006