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PART VIII |
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DETENTION CENTRES AND DETAINED PERSONS |
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Interpretation |
| Interpretation of Part VIII. |
146. In this Part-
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"certificate of authorisation" means a certificate issued by the Secretary of State under section 153; |
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"certified prisoner custody officer" means a prisoner custody officer certified under section 89 of the Criminal Justice Act 1991, or section 114 of the Criminal Justice and Public Order Act 1994, to perform custodial duties; |
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"contract monitor" means a person appointed by the Secretary of State under section 148(4); |
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"contracted out detention centre" means a detention centre in relation to which a detention centre contract is in force; |
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"contractor", in relation to a detention centre which is being run in accordance with a detention centre contract, means the person who has contracted to run it; |
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"custodial functions" means custodial functions at a detention centre; |
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"detained persons" means persons detained or required to be detained under the 1971 Act; |
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"detainee custody officer" means a person in respect of whom a certificate of authorisation is in force; |
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"detention centre" means a place which is used solely for the detention of detained persons but which is not a short-term holding facility, a prison or part of a prison; |
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"detention centre contract" means a contract entered into by the Secretary of State under section 148; |
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"detention centre rules" means rules made by the Secretary of State under section 152; |
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"directly managed detention centre" means a detention centre which is not a contracted out detention centre; |
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"escort arrangements" means arrangements made by the Secretary of State under section 155; |
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"escort functions" means functions under escort arrangements; |
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"escort monitor" means a person appointed under paragraph 1 of Schedule 12; |
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"prisoner custody officer"- |
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(a) in relation to England and Wales, has the same meaning as in the Criminal Justice Act 1991;
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(b) in relation to Scotland, has the meaning given in section 114(1) of the Criminal Justice and Public Order Act 1994;
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(c) in relation to Northern Ireland, has the meaning given in section 122(1) of that Act of 1994;
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"short-term holding facility" means a place used solely for the detention of detained persons for a period of not more than seven days or for such other period as may be prescribed. |
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Detention centres |
| Management of detention centres. |
147. - (1) A manager must be appointed for every detention centre.
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(2) In the case of a contracted out detention centre, the person appointed as manager must be a detainee custody officer whose appointment is approved by the Secretary of State.
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(3) The manager of a detention centre is to have such functions as are conferred on him by detention centre rules.
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(4) The manager of a contracted out detention centre may not-
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(a) enquire into a disciplinary charge laid against a detained person; |
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(b) conduct the hearing of such a charge; or |
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(c) make, remit or mitigate an award in respect of such a charge. |
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(5) The manager of a contracted out detention centre may not, except in cases of urgency, order-
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(a) the removal of a detained person from association with other detained persons; |
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(b) the temporary confinement of a detained person in special accommodation; or |
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(c) the application to a detained person of any other special control or restraint (other than handcuffs). |
| Contracting out of certain detention centres. |
148. - (1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any detention centre or part of a detention centre.
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(2) While a detention centre contract for the running of a detention centre or part of a detention centre is in force-
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(a) the detention centre or part is to be run subject to and in accordance with the provisions of or made under this Part; and |
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(b) in the case of a part, that part and the remaining part are to be treated for the purposes of those provisions as if they were separate detention centres. |
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(3) If the Secretary of State grants a lease or tenancy of land for the purposes of a detention centre contract, none of the following enactments applies to the lease or tenancy-
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(a) Part II of the Landlord and Tenant Act 1954 (security of tenure); |
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(b) section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture); |
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(c) section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.); |
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(d) the Agricultural Holdings Act 1986; |
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(e) sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); |
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(f) the Agricultural Holdings (Scotland) Act 1991; |
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(g) section 14 of the Conveyancing Act 1881; |
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(h) the Conveyancing and Law of Property Act 1892; |
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(i) the Business Tenancies (Northern Ireland) Order 1996. |
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(4) The Secretary of State must appoint a contract monitor for every contracted out detention centre.
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(5) A person may be appointed as the contract monitor for more than one detention centre.
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(6) The contract monitor is to have-
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(a) such functions as may be conferred on him by detention centre rules; |
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(b) the status of a Crown servant. |
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(7) The contract monitor must-
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(a) keep under review, and report to the Secretary of State on, the running of a detention centre for which he is appointed; and |
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(b) investigate, and report to the Secretary of State on, any allegations made against any person performing custodial functions at that centre. |
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(8) The contractor, and any sub-contractor of his, must do all that he reasonably can (whether by giving directions to the officers of the detention centre or otherwise) to facilitate the exercise by the contract monitor of his functions.
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(9) "Lease or tenancy" includes an underlease, sublease or sub-tenancy.
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(10) In relation to a detention centre contract entered into by the Secretary of State before the commencement of this section, this section is to be treated as having been in force at that time.
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| Contracted out functions at directly managed detention centres. |
149. - (1) The Secretary of State may enter into a contract with another person-
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(a) for functions at, or connected with, a directly managed detention centre to be performed by detainee custody officers provided by that person; or |
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(b) for such functions to be performed by certified prisoner custody officers who are provided by that person. |
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(2) For the purposes of this section "detention centre" includes a short-term holding facility.
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