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SCHEDULE 11
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DISCIPLINE ETC AT DETENTION CENTRES |
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Measuring and photographing detained persons |
| | 1. - (1) Detention centre rules may (among other things) provide for detained persons to be measured and photographed.
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(2) The rules may, in particular, prescribe-
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(a) the time or times at which detained persons are to be measured and photographed; |
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(b) the manner and dress in which they are to be measured and photographed; and |
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(c) the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent. |
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Testing for drugs or alcohol |
| | 2. - (1) If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with detention centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining-
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(a) whether he has a drug in his body; or |
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(b) whether he has alcohol in his body. |
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(2) The sample required may be one or more of the following-
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(c) a sample of a specified description. |
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(3) Sub-paragraph (2)(c)-
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(a) applies only if the authorisation so provides; and |
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(b) does not authorise the taking of an intimate sample. |
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(4) "Authorisation" means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular detention centre.
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(5) "Drug" means a drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971.
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(6) "Specified" means specified in the authorisation.
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(7) "Intimate sample"-
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(a) in relation to England and Wales, has the same meaning as in Part V of the Police and Criminal Evidence Act 1984; |
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(b) in relation to Scotland, means- |
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(i) a sample of blood, semen or any other tissue fluid, urine or pubic hair;
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(ii) a dental impression;
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(iii) a swab taken from a person's body orifice other than the mouth; and
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(c) in relation to Northern Ireland, has the same meaning as in Part VI of the Police and Criminal Evidence (Northern Ireland) Order 1989. |
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Medical examinations |
| | 3. - (1) This paragraph applies if-
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(a) an authorisation is in force for a detention centre; and |
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(b) there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7). |
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(2) A detainee custody officer may require the detained person to submit to a medical examination at the centre.
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(3) The medical examination must be conducted in accordance with detention centre rules.
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(4) A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.
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(5) A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.
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(6) "Authorisation" means an authorisation given by the manager of the detention centre for the purpose of this paragraph.
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(7) The Secretary of State may by order specify any disease which he considers might, if a person detained in a detention centre were to suffer from it, endanger the health of others there.
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Assisting detained persons to escape |
| | 4. - (1) A person who aids any detained person in escaping or attempting to escape from a detention centre is guilty of an offence.
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(2) A person who, with intent to facilitate the escape of any detained person from a detention centre-
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(a) conveys any thing into the detention centre or to a detained person, |
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(b) sends any thing (by post or otherwise) into the detention centre or to a person detained there, |
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(c) places any thing anywhere outside the detention centre with a view to its coming into the possession of a person detained there, |
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is guilty of an offence.
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(3) A person guilty of an offence under this section is liable-
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(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or |
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(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both. |
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Alcohol |
| | 5. - (1) A person who, contrary to detention centre rules, brings or attempts to bring any alcohol into a detention centre, or to a detained person, is guilty of an offence.
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(2) A person who places alcohol anywhere outside a detention centre, intending that it should come into the possession of a detained person there, is guilty of an offence.
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(3) A detainee custody officer or any other person on the staff of a detention centre who, contrary to detention centre rules, allows alcohol to be sold or used in the centre is guilty of an offence.
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(4) A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.
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(5) "Alcohol" means any spirituous or fermented liquor.
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Introduction of other articles |
| | 6. - (1) A person who-
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(a) conveys or attempts to convey any thing into or out of a detention centre or to a detained person, contrary to detention centre rules, and |
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(b) is not as a result guilty of an offence under paragraph 4 or 5, |
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is guilty of an offence under this paragraph.
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(2) A person who-
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(a) places any thing anywhere outside a detention centre, intending it to come into the possession of a detained person, and |
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(b) is not as a result guilty of an offence under paragraph 4 or 5, |
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is guilty of an offence under this paragraph.
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(3) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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Notice of penalties |
| | 7. - (1) In the case of a contracted out detention centre, the contractor must cause a penalty notice to be fixed outside the centre in a conspicuous place.
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(2) In the case of any other detention centre, the Secretary of State must cause a penalty notice to be fixed outside the centre in a conspicuous place.
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(3) "Penalty notice" means a notice setting out the penalties for which a person committing an offence under paragraph 4, 5 or 6 is liable.
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