Prison Act 1952

[F1 5A Appointment and functions of Her Majesty’s Chief Inspector of Prisons. E+W

(1) Her Majesty may appoint a person to be Chief Inspector of Prisons.

(2) It shall be the duty of the Chief Inspector to inspect or arrange for the inspection of prisons in England and Wales and to report to the Secretary of State on them.

(3) The Chief Inspector shall in particular report to the Secretary of State on the treatment of prisoners and conditions in prisons.

(4) The Secretary of State may refer specific matters connected with prisons in England and Wales and prisoners in them to the Chief Inspector and direct him to report on them.

(5) The Chief Inspector shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.

[F2 (5A) Subsections (2) to (5) shall apply—

(a) in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33),

(b) in relation to short-term holding facilities within the meaning of that section, F3 ...

[F4 (ba) in relation to pre-departure accommodation within the meaning of that section, and]

(c) in relation to escort arrangements within the meaning of that section.]

[F2 (5B) In their application by virtue of subsection (5A) subsections (2) to (5)—

(a) shall apply to centres, facilities [F5 , accommodation ] and arrangements anywhere in the United Kingdom, and

(b) shall have effect—

(i) as if a reference to prisons were a reference to removal centres, short-term holding facilities [F6 , pre-departure accommodation] and escort arrangements,

(ii) as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and

(iii) with any other necessary modifications.]

[F7 (5C) The Chief Inspector shall also inspect or arrange for the inspection of—

(a) areas of the Crown Court, county courts and magistrates’ courts where prisoners are detained in custody; and

(b) any vehicle used to transport prisoners in custody to and from the Crown Court, county courts or magistrates’ courts,

and shall report to the Secretary of State on them.]

(6) The Chief Inspector shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.]

[F8 (7) Schedule A1 to this Act (which makes further provision about the Chief Inspector) has effect.]

Textual Amendments

F1 S. 5A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 57(1)

F2 S. 5A(5A)(5B) substituted for s. 5A(5A) (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 46(1), 62(1)(2); S.I. 2006/2226, art. 3, Sch. 1

F3 Word in s. 5A(5A)(b) omitted (28.7.2014) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 8(2)(a); S.I. 2014/1820, art. 3(cc)

F4 S. 5A(5A)(ba) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 8(2)(b); S.I. 2014/1820, art. 3(cc)

F5 Word in s. 5A(5B)(a) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 8(3)(a); S.I. 2014/1820, art. 3(cc)

F6 Words in s. 5A(5B)(b)(i) inserted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 8(3)(b); S.I. 2014/1820, art. 3(cc)

F7 S. 5A(5C) inserted (18.9.2012) by The Public Bodies (Abolition of Her Majesty’s Inspectorate of Courts Administration and the Public Guardian Board) Order 2012 (S.I. 2012/2401), art. 1(2)(3), Sch. 1 para. 2 (with art. 2)

F8 S. 5A(7) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 28(1), 53(1); S.I. 2007/709, art. 3(m) (with art. 6)