Criminal Justice and Public Order Act 1994 (c. 33)

Yn ddilys o 10/04/1995

Section 122(2).

SCHEDULE 7 N.I. Certification of Prisoner Custody Officers: Northern Ireland

Preliminary N.I.

1 N.I. In this Schedule—

• “certificate” means a certificate under section 122 of this Act;

• “the relevant functions”, in relation to a certificate, means the escort functions authorised by the certificate.

Issue of certificates N.I.

2 (1) Any person may apply to the Secretary of State for the issue of a certificate in respect of him. N.I.

(2) The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a) is a fit and proper person to perform the relevant functions; and

(b) has received training to such standard as he may consider appropriate for the performance of those functions.

(3) Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

Suspension of certificate N.I.

3 (1) This paragraph applies where at any time it appears to the prisoner escort monitor for the area concerned, that a prisoner custody officer is not a fit and proper person to perform the escort functions. N.I.

(2) The prisoner escort monitor may—

(a) refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b) in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions.

(3) The power to make regulations under this paragraph shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Revocation of certificate N.I.

4 N.I. Where at any time it appears to the Secretary of State that a prisoner custody officer is not a fit and proper person to perform escort functions, he may revoke that officer’s certificate so far as it authorises the performance of those functions.

False statements N.I.

5 N.I. If any person, for the purpose of obtaining a certificate for himself or for any other person—

(a) makes a statement which he knows to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.