Offender Management Bill

House of Lords

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Offender Management Bill

Offender Management Bill
Part 2 — Prisons
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(7)
But the Secretary of State may by order amend or repeal any provision
mentioned in subsection (6)(b) which is contained in an enactment (whenever
passed or made) so as to enable disclosures that would otherwise be permitted
under this section.
(8)
In this section “relevant local authority” means a county council in England, a
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Welsh county council or county borough council, a district council, a London
borough council, the Common Council of the City of London or the Council of
the Isles of Scilly.
(9)
In this section “relevant contractor” means—
(a)
a person who has entered into a contract for the running of, or of part
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of—
(i)
a prison or young offender institution under section 84 of the
Criminal Justice Act 1991 (c. 53);
(ii)
a secure training centre under section 7 of the Criminal Justice
and Public Order Act 1994 (c. 33);
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or a sub-contractor of such a person (within the meaning of the section
in question); or
(b)
a person who has entered into a contract with the Secretary of State—
(i)
under section 80 of the Criminal Justice Act 1991 for the
purposes of prisoner escort arrangements (see subsection (2) of
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that section); or
(ii)
under paragraph 1 of Schedule 1 to the Criminal Justice and
Public Order Act 1994 for the purposes of escort arrangements
for offenders detained at secure training centres (see paragraph
1(3) of that Schedule).
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(10)
In this section “enactment” includes any subordinate legislation (within the
meaning of the Interpretation Act 1978 (c. 30).
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Power to repeal section 4
(1)
The Secretary of State may by order repeal section 4.
(2)
The power under this section includes power to provide for that section to
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cease to have effect for such purposes as may be specified in the order.
Part 2
Prisons
Contracted out prisons and secure training centres
13
Power of search in contracted out prisons and secure training centres
35
(1)
In section 86 of the Criminal Justice Act 1991 (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
(b)
in subsection (2), for the words from “remove” to the end there is
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substituted “submit to an intimate search (within the meaning of
section 164(5) of the Customs and Excise Management Act 1979).”.

Offender Management Bill
Part 2 — Prisons
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(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)—
(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
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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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Power of detention in contracted out prisons and secure training centres
(1)
After section 86 of the Criminal Justice Act 1991 (c. 53) there is inserted—
“86A
Power of prisoner custody officers to detain suspected offenders
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(1)
A prisoner custody officer performing custodial duties at a contracted
out prison shall have the following powers in relation to any person
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
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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
for such period as may be necessary (not exceeding two hours);
and
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(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
of an offence and liable, on summary conviction, to a fine not exceeding
level 3 on the standard scale.
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(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
procuring the commission of, an offence under that provision.”
(2)
In section 88A(2) of that Act (contracted out functions at a directly managed
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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 there is
inserted—
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“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
detained in the centre).
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(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—

Offender Management Bill
Part 2 — Prisons
10

(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,
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incitement or conspiracy to commit, or aiding, abetting, counselling or
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
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(b)
for “it applies” there is substituted “they apply”.
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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 14 above) there is inserted—
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“86B
Powers of authorised persons to perform custodial duties
(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—
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(a)
a prisoner custody officer authorised to perform
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.
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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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Offender Management Bill
Part 2 — Prisons
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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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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.
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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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(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
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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.”