Criminal Justice and Public Order Act 1994

127 Inducements to withhold services or to indiscipline. U.K.

(1) A person contravenes this subsection if he induces a prison officer—

(a) to withhold his services as such an officer; or

(b) to commit a breach of discipline.

(2) The obligation not to contravene subsection (1) above shall be a duty owed to the Secretary of State. [F1 or, in Scotland, to the Scottish Ministers]

(3) Without prejudice to the right of the Secretary of State [or, in Scotland, to the Scottish Ministers], by virtue of the preceding provisions of this section, to bring civil proceedings in respect of any apprehended contravention of subsection (1) above, any breach of the duty mentioned in subsection (2) above which causes the Secretary of State [F1 or, in Scotland, to the Scottish Ministers] to sustain loss or damage shall be actionable, at his suit or instance, against the person in breach.

(4) In this section “prison officer” means any individual who—

(a) holds any post, otherwise than as a chaplain or assistant chaplain or as a medical officer, to which he has been appointed for the purposes of section 7 of the M1 Prison Act 1952 or under section 2(2) of the M2 Prison Act (Northern Ireland) 1953 (appointment of prison staff),

(b) holds any post, otherwise than as a medical officer, to which he has been appointed [F2 for the purposes of section 3(1A)]of the M3 Prisons (Scotland) Act 1989, or

(c) is a custody officer within the meaning of Part I of this Act or a prisoner custody officer, within the meaning of Part IV of the M4 Criminal Justice Act 1991 or Chapter II or III of this Part.

(5) The reference in subsection (1) above to a breach of discipline by a prison officer is a reference to a failure by a prison officer to perform any duty imposed on him by the prison rules or any code of discipline having effect under those rules or any other contravention by a prison officer of those rules or any such code.

(6) In subsection (5) above “the prison rules” means any rules for the time being in force under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).

(7) This section shall be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

(8) Nothing in the relevant employment legislation shall affect the rights of the Secretary of State [F3 or in Scotland, the Scottish Ministers] by virtue of this section.

(9) In this section “the relevant employment legislation” has the same meaning as in section 126 above.

Textual Amendments

F1 Words in s. 127(2)(3) inserted (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. I para. 115(10)(a); S.I. 1998/3178, art. 2

F2 Words in s. 127(4)(b) substituted (1.7.1999) by S.I. 1999/1820 arts. 1(2), 4, Sch. 2 Pt. I para. 115(10)(b); S.I. 1998/3178, art. 2

F3 Words in s. 127(8) substituted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 115(10)(c); S.I. 1998/3178, art. 2

Marginal Citations

M1 1952 c. 52.

M2 1953 c. 18 (N.I.).

M3 1989 c. 45.

M4 1991 c. 53.