- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (27/09/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/2013
Point in time view as at 27/09/2005.
Criminal Justice and Public Order Act 1994, Cross Heading: Prisoner escorts is up to date with all changes known to be in force on or before 05 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Secretary of State may make arrangements for any of the functions specified in subsection (2) below (“escort functions”) to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.
(2)Those functions are—
(a)the transfer of prisoners from one set of relevant premises to another;
(b)the custody of prisoners held on court premises (whether or not they would otherwise be in the custody of the court) and their production before the court;
(c)the custody of prisoners temporarily held in a prison in the course of transfer from one prison to another; and
(d)the custody of prisoners while they are outside a prison for temporary purposes.
(3)In paragraph (a) of subsection (2) above, “relevant premises” means—
(a)the premises of any court, prison, police station or hospital; or
(b)the premises of any other place from or to which a prisoner may be required to be taken under the [F1Criminal Procedure (Scotland) Act 1995] or the [F2Mental Health (Care and Treatment) (Scotland) Act 2003];
and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside Scotland.
(4)Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.
(5)Any person who, under a warrant or hospital order, is responsible for the performance of any such function as is mentioned in subsection (2) above shall be deemed to have complied with that warrant or order if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements [F3or by a police custody and security officer in the performance of functions prescribed under section 9(1A)(b) of the Police (Scotland) Act 1967 (c. 77)].
(6)In this section—
“hospital” has the same meaning as in the [F4Mental Health (Care and Treatment) (Scotland) Act 2003];
“hospital order” means an order for a person’s detention in, or admission to and detention in, a hospital under [F5section [F652D, 52M,] 53, 54 or [F757A] of the Act of 1995] F8... ; and
“warrant” means a warrant for committal, a warrant for arrest, a [F9transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003] or any other warrant, order or direction under the [F10Act of 1995]or [F11the Mental Health (Care and Treatment) (Scotland) Act 2003] requiring a person to be taken to a particular place.
Extent Information
E1S. 102 extends to Scotland only; s. 102(1) to (3) extends also to the British Islands see s. 172(12)
Textual Amendments
F1Words in s. 102(3)(b) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(3)(a) (with Sch. 3)
F2Words in s. 102(3)(b) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(a)
F3Words in s. 102(5) added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 76(10), 89; S.S.I. 2003/288, art. 2, Sch.
F4Words in s. 102(6) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(b)
F5Words in definition of "hospital order" in s. 102(6) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(3)(b)(i) (with Sch. 3)
F6Words in definition of "hospital order" in s. 102(6) inserted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(b)(ii)(aa)
F7Word in definition of "hospital order" in s. 102(6) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(b)(ii)(bb)
F8Words in definition of "hospital order" in s. 102(6) omitted (27.9.2005) by virtue of The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(b)(ii)(cc)
F9Words in definition of "warrant" in s. 102(6) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(b)(iii)(aa)
F10Words in definition of “warrant” in s. 102(6) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(3)(b)(ii) (with Sch. 3)
F11Words in definition of "warrant" in s. 102(6) substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), arts. 1, 2, Sch. 1 para. 24(2)(b)(iii)(bb)
(1)Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a [F12member of the staff of the Scottish Administration] whose duty it shall be—
(a)to keep the arrangements under review and to report on them to the [Scottish Ministers]
(b)to investigate and report to the [F13Scottish Ministers] on any allegations made against prisoner custody officers acting in pursuance of the arrangements; and
(c)to report to the [F13Scottish Ministers] on any alleged breaches of discipline on the part of prisoners for whose transfer or custody such officers so acting are responsible.
(2)In section 7(2) (functions of Her Majesty’s Chief Inspector of Prisons for Scotland) of the 1989 Act—
(a)after “Inspector” there shall be inserted “ —(a) ”; and
(b)at the end there shall be inserted—
“; and
(b)to inspect the conditions in which prisoners are transported or held in pursuance of prisoner escort arrangements (within the meaning of section 102 of the M1Criminal Justice and Public Order Act 1994) and to report to the Secretary of State on them.”.
Textual Amendments
F12Words in s. 103(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(2)(a); S.I. 1998/3178, art. 2
F13Words in s. 103(1) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2, Pt. I, para. 115(2)(b); S.I. 1998/3178, art. 2
Marginal Citations
(1)A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have power to search—
(a)any prisoner for whose transfer or custody he is responsible in accordance with the arrangements; and
(b)any other person who is in or is seeking to enter any place where any such prisoner is or is to be held and any article in the possession of such a person.
(2)The power conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear and gloves.
(3)A prisoner custody officer shall, as respects prisoners for whose transfer or custody he is responsible in pursuance of prisoner escort arrangements, have the duty—
(a)to prevent their escape from legal custody;
(b)to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;
(c)to ensure good order and discipline on their part;
(d)to attend to their wellbeing; and
(e)to give effect to any directions as to their treatment which are given by a court.
(4)Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which a court of summary jurisdiction is sitting he shall have the duty to give effect to any order of the court under [F14section 212 of the Criminal Procedure (Scotland) Act 1995]requiring an offender to be searched.
(5)The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.
(6)Prison rules may make provision in relation to—
(a)the power conferred by subsection (1) above; and
(b)the duty imposed by subsection (3)(d) above.
Extent Information
E2S. 104 extends to Scotland and the British Islands see s. 172(12)
Textual Amendments
F14Words in s. 104(4) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 93(4) (with Sch. 3)
(1)Where a prisoner for whose transfer or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison, he shall be deemed, for the purposes of such prison rules as relate to breaches of discipline, to have been—
(a)in the custody of the governor of the prison; or
(b)in the case of a contracted out prison, in the custody of its director,
at all times during the period for which that officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.
(2)Nothing in subsection (1) above shall render a prisoner liable to be punished under prison rules for any act or omission of his for which he has already been punished by a court.
(3)In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside Scotland, means rules made under any provision of the law of that part which corresponds to section 39 of the 1989 Act.
Extent Information
E3S. 105 extends to Scotland and the British Islands see s. 172(12)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys