Offender Management Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 2 — Prisons
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(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
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(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)—
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(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).”.
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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—
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(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).
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(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
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(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
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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”.
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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
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(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
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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
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(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
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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
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(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.
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(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)”.
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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
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(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
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prison).”
(3)
In subsection (4), after “sections” there is inserted “8A(3), (4) and (5)”.
Offences relating to prison security
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Assisting a prisoner to escape
For section 39 of the Prison Act 1952 (c. 52) there is substituted—
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“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—
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Offender Management Bill
Part 2 — Prisons
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(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.”
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Conveyance of prohibited articles into or out of prison
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(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
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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
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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”)—
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(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—
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“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
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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
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List A or List B;
(c)
adding, repealing or modifying any provision for the
interpretation of any such entry.