Point in time view as at 28/06/2022.
Criminal Justice and Immigration Act 2008, Section 138 is up to date with all changes known to be in force on or before 09 March 2025. 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.
(1)Section 127 of the Criminal Justice and Public Order Act 1994 (c. 33) (inducements to prison officers to withhold services or breach discipline) is amended as follows.
(2)In subsection (1), for paragraph (a) substitute—
“(a)to take (or continue to take) any industrial action;”.
(3)After subsection (1) insert—
“(1A)In subsection (1) “industrial action” means—
(a)the withholding of services as a prison officer; or
(b)any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).”
(4)In subsection (4), after paragraph (a) insert—
“(aa)holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),”.
(5)In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert—
“(b)holds any post, otherwise than as a medical officer, to which he has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;”.
Commencement Information
I1S. 138 partly in force; s. 138(1)-(4) in force at Royal Assent, see s. 153(1)(d)
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