Criminal Justice Act 1991

Part IV E+W Provision of Services

Modifications etc. (not altering text)

C1 Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)

Probation services E+W

F1 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 73 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F2 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 74 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

F3 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 75 repealed (5.2.1994) by 1993 c. 47, ss. 32, 33(2), Sch.4

Court security E+W

76 Provision of court security officers. E+W

(1) In relation to each petty sessions area, the committee shall from time to time determine—

(a) whether court security officers should be provided, that is to say, persons whose duty it is to maintain order in any court-house to which they are for the time being assigned by the committee; and

(b) if so, how many such officers should be provided, and whether they should be provided by the committee or by the [F4 paying authority or authorities].

(2) As soon as practicable after the making of a determination under subsection (1)(b) above, the committee or, as the case may be, the [F4 paying authority or authorities] shall provide the required number of court security officers, on such terms and conditions as they may determine—

(a) by employing persons to act as court security officers; or

(b) by entering into a contract with another person for the employment by him of persons to act as such officers.

(3) Before making any determination under subsection (1) or (2) above F5 . . ., the committee shall consult with the [F6 paying authority or authorities].

(4) Where, [F7 any paying authority] is aggrieved by any determination made by the committee under subsection (1) or (2) above, the authority may, within one month from the receipt by the authority of written notice of the determination, appeal to the [F8 Lord Chancellor], whose decision shall be binding on the committee and the authority.

(5) Any determination which, in relation to a petty sessions area which consists of or forms part of the inner London area, is made by the committee under subsection (1) or (2) above, other than a determination that court security officers should not be provided for that area, shall not have effect unless it is confirmed, with or without modifications, by the [F8 Lord Chancellor].

[F9 (6) In this section—

• “the committee”, in relation to a petty sessions area, means the magistrates’ courts committee whose area consists of or includes that petty sessions area, and

• “paying authority”, in relation to a committee, has the same meaning as in section 55 of [F10 the Justices of the Peace Act 1997]].

Textual Amendments

F4 Words in s. 76(1)(b)(2) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(2); S.I. 1995/685, art. 4(1)(l), 7(2)(i)

F5 Words in s. 76(3) repealed (1.4.1995) by 1994 c. 29, ss. 91, 93, Sch. 8 Pt. II para. 33(3)(a), Sch. 9 Pt. II; S.I. 1995/685, arts. 4(n), 8(u)

F6 Words in s. 76(3) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(3)(b); S.I. 1995/685, art. 4(1)(l), 7(2)(i)

F7 Words in s. 76(4) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(4); S.I. 1995/685, art. 4(1)(l), 7(2)(i)

F8 Words in s. 76(4)(5) substituted (1.4.1992) by S.I. 1992/709, art. 2(3), Sch. 1.

F9 S. 76(6) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 33(6); S.I. 1995/685, arts. 4(1)(l), 7(2)(i)

F10 Words in s. 76(6) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 29(2).

Modifications etc. (not altering text)

C2 S. 76 amended (temp.)(1.4.1995) by S.I. 1995/685, art. 6(2)(c)

S. 76 modified (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 para. 7(2)(d)(ii).

C3 Functions of the Secretary of State under s. 76(4)(5) transferred (1.4.1992) to the Lord Chancellor by S.I. 1992/709, art. 2(1)(c), Sch. 1.

S. 76(3)(4) excluded (19.6.1997) by 1997 c. 25, ss. 73(1), 74(1), Sch. 4 para. 7(2)(e).

Commencement Information

I1 S. 76 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

77 Powers and duties of court security officers. E+W

(1) A court security officer acting in the execution of his duty shall have the following powers, namely—

(a) to search any person who is in or is seeking to enter the court-house, and any article in the possession of such a person;

(b) to exclude or remove from the court-house any person who refuses to permit such a search as is mentioned in paragraph (a) above, or refuses to surrender any article in his possession which the officer reasonably believes may jeopardise the maintenance of order in the court-house;

(c) to exclude or remove any person from the court-house, or restrain any person in the court-house, where (in either case) it is reasonably necessary to do so in order—

(i) to maintain order in the court-house;

(ii) to enable court business to be carried on without interference or delay; or

(iii) to secure his or any other person’s safety.

(2) The powers conferred by subsection (1)(a) above to search a person shall not be construed as authorising a court security officer to require a person to remove any of his clothing other than an outer coat, jacket or gloves.

(3) The powers conferred by subsection (1)(b) and (c) above shall include power to use reasonable force, where necessary.

(4) In the execution of his duty, a court security officer shall act in accordance with any general or specific instructions which have been given to him (whether orally or in writing) by a person in authority.

(5) In subsection (4) above “person in authority”, in relation to any court-house, means—

(a) a justice of the peace, [F11 justices’ chief executive] or justices’ clerk who is exercising any functions in the court-house; and

(b) any officer or staff [F11 of the magistrates’ courts committee authorised by such a justices’ chief executive or clerk] for the purpose.

(6) For the purposes of this section and section 78 below, a court security officer shall not be regarded as acting in the execution of his duty at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Textual Amendments

F11 Words in s. 77(5)(a)(b) substituted (1.4.1995) by 1994 c. 29, s. 91, Sch. 8 Pt. II para. 34(a)(b); S.I. 1995/685, arts. 4(1), 7(2)(j)

Commencement Information

I2 S. 77 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

78 Protection of court security officers. E+W

(1) Any person who assaults a court security officer acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2) Any person who resists or wilfully obstructs a court security officer acting in the execution of his duty shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Commencement Information

I3 S. 77 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

[F12 79 Duties of responsible authorities. E+W

(1) In section 55(2) (duties of local authorities outside Greater London) of the Justices of the M1 Peace Act 1979 (“the 1979 Act”), for paragraph (b) there shall be substituted the following paragraphs—

“(b) the sums payable under Part II of this Act on account of a person’s salary or expenses as justices’ clerk for the non-metropolitan county or metropolitan district or any part thereof, the remuneration of any staff employed by the magistrates’ courts committee to assist him and the remuneration of any court security officers employed (whether by that committee or the council) under section 76(2)(a) of the Criminal Justice Act 1991, together with—

(i) secondary Class I contributions payable in respect of any such person, staff or officers under Part I of the Social Security Act 1975, and

(ii) state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;

(bb) the sums payable under any contract entered into (whether by the magistrates’ courts committee or the council) under section 76(2)(b) of the Criminal Justice Act 1991;”.

(2) In section 58(2) of that Act (corresponding arrangements in the inner London area), for paragraph (b) there shall be substituted the following paragraphs—

“(b) the sums payable by way of salary or expenses to justices’ clerks and other officers employed by the committee of magistrates and the remuneration of any court security officers employed (whether by that committee or the Receiver) under section 76(2)(a) of the Criminal Justice Act 1991, together with—

(i) secondary Class I contributions payable in respect of any such officers under Part I of the Social Security Act 1975, and

(ii) state scheme premiums so payable under Part III of the Social Security Pensions Act 1975;

(bb) the sums payable under any contract entered into (whether by the committee of magistrates or the Receiver) under section 76(2)(b) of the Criminal Justice Act 1991;”.]

Textual Amendments

F12 S. 79 repealed (1.4.1995 so far as it applies to s. 55(2) of the 1979 Act and otherwiseprosp.) by 1994 c. 29, s. 93, Sch. 9 Pt.II; S.I. 1995/685, arts. 4(n), 8(v)

Commencement Information

I4 S. 79 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.

Marginal Citations

M1 1979 c. 55.

Prisoner escorts E+W

80 Arrangements for the provision of prisoner escorts. E+W

(1) The Secretary of State may make arrangements for any of the following functions, namely—

[F13 (a) the delivery of prisoners from one set of relevant premises to another;]

(b) the custody of prisoners held on [F14 the premises of any court] (whether or not they would otherwise be in the custody of the court) and their production before the court;

[F15 (c) the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and]

(e) the custody of prisoners while they are outside a prison for temporary purposes,

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.

[F16 (1A) In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; 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 England and Wales.]

(2) 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.

(3) Any person who, under [F17 a warrant or a hospital order or remand], is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with [F17 the warrant, order or remand] 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.

[F18 (4) In this section—

• “hospital” has the same meaning as in the M2 Mental Health Act 1983;

• “hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the M3 Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the M4 Criminal Appeal Act 1968;

• “hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

• “warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.]

Textual Amendments

F13 S. 80(1)(a) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(a).

F14 Words in s. 80(1)(b) substituted (3.11.1994) by 1994 c. 33, s. 93(1)(b).

F15 S. 80(1)(c) substituted (3.11.1994) for s. 80(1)(c)(d) by 1994 c. 33, s. 93(1)(c).

F16 S. 80(1A) inserted (3.11.1994) by 1994 c. 33, s. 93(2).

F17 Words in s. 80(3) substituted (3.11.1994) by 1994 c. 33, s. 93(3).

F18 S. 80(4) inserted (3.11.1994) by 1994 c. 33, s. 93(4).

Modifications etc. (not altering text)

C4 S. 80: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(g)

Commencement Information

I5 S. 80 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Marginal Citations

M2 1983 c. 20.

M3 1964 c. 84.

M4 1968 c. 19.

81 Monitoring etc. of prisoner escort arrangements. E+W

(1) Prisoner escort arrangements shall include the appointment of—

(a) a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State; and

(b) a panel of lay observers whose duty it shall be to inspect the conditions in which prisoners are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2) It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

(a) any allegations made against prisoner custody officers acting in pursuance of prisoner escort arrangements; and

(b) any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

(3) Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

Modifications etc. (not altering text)

C5 S. 81(1)(a)(2): transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(b)

Commencement Information

I6 S. 81 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

82 Powers and duties of prisoner custody officers acting in pursuance of such arrangements. E+W

(1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

(a) to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in pursuance of the arrangements; and

(b) to search 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 powers 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 or gloves.

(3) A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—

(a) to prevent their escape from lawful 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,

and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

[F19 (4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—

(a) in the case of the Crown Court, under section 34A of the 1973 Act (power of Court to order search of persons before it); or

(b) in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).]

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

Textual Amendments

F19 S. 82(4) substituted (3.11.1994) by 1994 c. 33, s. 94(1).

Commencement Information

I7 S. 82 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[83 F20 Breaches of discipline by prisoners under escort. E+W

(1) This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

(2) For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed 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 the prisoner custody officer was so responsible.

(3) In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

(4) Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

(5) In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.]

Textual Amendments

F20 S. 83 substituted (3.11.1994) by 1994 c. 33, s.95.

Contracted out prisons E+W

[84 F21 Contracting out prisons etc. E+W

(1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison.

(2) While a contract under this section for the running of a prison or part of a prison is in force—

(a) the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and

(b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons.

(3) Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely—

(a) Part II of the M5 Landlord and Tenant Act 1954 (security of tenure);

(b) section 146 of the M6 Law of Property Act 1925 (restrictions on and relief against forfeiture);

(c) section 19(1), (2) and (3) of the M7 Landlord and Tenant Act 1927 and the M8 Landlord and Tenant Act 1988 (covenants not to assign etc.); and

(d) the M9 Agricultural Holdings Act 1986.

In this subsection “lease or tenancy” includes an underlease or sub-tenancy.

(4) In this Part—

• “contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force;

• “the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and

• “sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.]

Textual Amendments

F21 S. 84 substituted (3.11.1994) by 1994 c. 33, s.96.

Marginal Citations

M5 1954 c. 56.

M6 1925 c. 20.

M7 1927 c. 36

M8 1988 c. 26.

M9 1986 c. 5.

85 Officers of contracted out prisons. E+W

(1) Instead of a governor, every contracted out prison shall have—

(a) a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Secretary of State; and

(b) a controller, who shall be a Crown servant appointed by the Secretary of State;

and every officer of such a prison who performs custodial duties shall be a prisoner custody officer who is authorised to perform such duties [F22 or a prison officer who is temporarily attached to the prison].

(2) Subject to subsection (3) below, the director shall have such functions as are conferred on him by the 1952 Act (as modified by section 87 below) or as may be conferred on him by prison rules.

(3) The director shall not—

(a) inquire into a disciplinary charge laid against a prisoner, conduct the hearing of such a charge or make, remit or mitigate an award in respect of such a charge; or

(b) except in cases of urgency, order the removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint.

(4) The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

(a) to keep under review, and report to the Secretary of State on, the running of the prison by or on behalf of the director; and

(b) to investigate, and report to the Secretary of State on, any allegations made against prisoner custody officers performing custodial duties at the prison [F23 or prison officers who are temporarily attached to the prison].

(5) [F24 The contractor and any sub-contractor of his shall each]be under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

Textual Amendments

F22 Words in s. 85(1) inserted (3.11.1994) by 1994 c. 33, s. 97(1).

F23 Words in s. 85(4)(b) inserted (3.11.1994) by 1994 c. 33, s. 97(2).

F24 Words in s. 85(5) substituted (3.11.1994) by 1994 c. 33, s. 101(1).

Commencement Information

I8 S. 85 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

86 Powers and duties of prisoner custody officers employed at contracted out prisons. E+W

(1) A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers, namely—

(a) to search in accordance with prison rules any prisoner who is confined in the prison; and

(b) to search any other person who is in or is seeking to enter the prison, and any article in the possession of such a person.

(2) The powers 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 or gloves.

(3) A prisoner custody officer performing custodial duties at a contracted out prison shall have the following duties as respects prisoners confined in the prison, namely—

(a) to prevent their escape from lawful 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; and

(d) to attend to their wellbeing.

(4) The powers conferred by subsection (1) above, and the powers arising by virtue of subsection (3) above, shall include power to use reasonable force where necessary.

Commencement Information

I9 S. 86 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Valid from 01/11/2007

[F25 86A Power of prisoner custody officers to detain suspected offenders E+W

(1) A prisoner custody officer performing custodial duties at a contracted out prison shall have the following powers in relation to any person who is in or is seeking to enter the prison (other than a prisoner confined in the prison).

(2) Where the officer has reason to believe that the person is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952, the officer may—

(a) require the person to wait with him for the arrival of a constable for such period as may be necessary (not exceeding two hours); and

(b) use reasonable force to prevent the person from making off while subject to a requirement under paragraph (a).

(3) A person who makes off while subject to such a requirement is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(4) In subsection (2), a reference to an offence under a particular provision includes a reference to any offence consisting of an attempt to commit, incitement or conspiracy to commit, or aiding, abetting, counselling or procuring the commission of, an offence under that provision.]

Textual Amendments

F25 S. 86(A) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 17(1), 41(1); S.I. 2007/3001, art. 2(1)(b)

Modifications etc. (not altering text)

C6 S. 86A(2) modified (temp.) (1.11.2007) by The Offender Management Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007 (S.I. 2007/3001), art. 2(2)

C7 S. 86A(4) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1)(2), 94, Sch. 6 para. 19(b); S.I. 2008/2504, art. 2(a)

Valid from 01/11/2007

[F26 86B Powers of authorised persons to perform custodial duties E+W

(1) In this section—

• “restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—

  (a)

  a prisoner custody officer authorised to perform custodial duties; or

  (b)

  a prison officer temporarily attached to the prison; and

• “worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.

(2) The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.

(3) A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.

(4) The director may give such authorisation—

(a) in general or specific terms, subject to any limitations or conditions he considers appropriate; and

(b) to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.

(5) Nothing in an order or authorisation under this section is to be taken as authorising the use of force.

(6) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F26 S. 86(B) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 18(2), 41(1); S.I. 2007/3001, art. 2(1)(c)

87 Consequential modifications of 1952 Act. E+W

(1) In relation to a contracted out prison, the provisions of the 1952 Act specified in subsections (2) to (8) below shall have effect subject to the modifications so specified.

(2) In section 7(1) (prison officers), the reference to a governor shall be construed as a reference to a director and a controller.

[F27 (3) Section 8 (powers of prison officers) [F28 and section 8A (powers of search by authorised employees)]] shall not apply in relation to a prisoner custody officer performing custodial duties at the prison.

(4) In sections 10(5), 12(3), 13(1) [F29 16A][F30 16B]and 19(1) and (3) (various functions of the governor of a prison), references to the governor shall be construed as references to the director.

[F31 (4A) Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.]

[(5) In section 12(1) and (2) (place of confinement of prisoners), any reference to a prisoner or prisoners shall be construed as a reference to a remand prisoner or prisoners.]

(6) In section 13(2) (legal custody of prisoner), the reference to an officer of the prison shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison [F32 or a prison officer who is temporarily attached to the prison].

(7) In section 14(2) (cells), the reference to a prison officer shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison [F32 or a prison officer who is temporarily attached to the prison].

(8) Section 35 (vesting of prison property in the Secretary of State) shall have effect subject to the provisions of the contract entered into under section 84(1) above.

Textual Amendments

F27 S. 87(3) substituted (3.11.1994) by 1994 c. 33, s. 97(3).

F28 Words in s. 87(3) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 68; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B

F29 Words in s. 87(4) inserted (9.1.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 69; S.I. 1994/3192, art. 2, Sch.

F30 Words in s. 87(4) inserted (21.5.1997) by 1997 c. 38, ss.2, 3(2).

F31 S. 87(4A) inserted (3.11.1994) by 1994 c. 33, s. 97(4).

F32 Words in s. 87(6)(7) inserted (3.11.1994) by 1994 c. 33, s. 97(5).

Modifications etc. (not altering text)

C8 S. 87 has effect (9.7.1992) by S.I. 1992/1656, art. 3 as if s. 87(5) were omitted (which S.I. is revoked (24.2.1993) by S.I. 1993/368, art. 2.)

S. 87 has effect (24.02.1993) by S.I. 1993/368, art. 4 as if subsection (5) were omitted.

Commencement Information

I10 S. 87 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

88 Intervention by the Secretary of State. E+W

(1) This section applies where, in the case of a contracted out prison, it appears to the Secretary of State—

(a) that the director has lost, or is likely to lose, effective control of the prison or any part of it; and

(b) that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person, or of preventing serious damage to any property.

(2) The Secretary of State may appoint a Crown servant to act as governor of the prison for the period—

(a) beginning with the time specified in the appointment; and

(b) ending with the time specified in the notice of termination under subsection (4) below.

(3) During that period—

(a) all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

(b) [F33 the contractor and any sub-contractor of his shall each] do all that he reasonably can to facilitate the exercise by the governor of those functions; and

(c) the officers of the prison shall comply with any directions given by the governor in the exercise of those functions.

(4) Where the Secretary of State is satisfied—

(a) that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

(b) that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

(5) As soon as practicable after making or terminating an appointment under this section, the Secretary of State shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, [F34 any sub-contractor of his,]the director and the controller.

Textual Amendments

F33 Words in s. 88(3)(b) substituted (3.11.1994) by 1994 c. 33, s. 101(2).

F34 Words in s. 88(5) inserted (3.11.1994) by 1994 c. 33, s. 101(3).

Commencement Information

I11 S. 88 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

[F35 Contracted out functions] E+W

Textual Amendments

F35 S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

[F36 88A Contracted out functions at directly managed prisons. E+W

(1) The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties.

(2) Section 86 above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as it applies in relation to such an officer performing custodial duties at a contracted out prison.

(3) In relation to a directly managed prison—

(a) the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and

(b) the reference in section 14(2) of that Act (cells) to a prison officer,

shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section.

(4) Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison.

(5) In this Part—

• “contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers;

• “directly managed prison” means a prison which is not a contracted out prison.]

Textual Amendments

F36 S. 88A and cross heading inserted (3.11.1994) by 1994 c. 33, s.99.

Supplemental E+W

89 Certification of prisoner custody officers E+W

(1) In this Part “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

(a) that he has been approved by the Secretary of State for the purpose of performing escort functions or custodial duties or both; and

(b) that he is accordingly authorised to perform them.

(2) The provisions of Schedule 10 to this Act shall have effect with respect to the certification of prisoner custody officers.

(3) In this section and Schedule 10 to this Act—

• “custodial duties” means custodial duties at a [F37 contracted out or directly managed prison];

• “escort functions” means the functions specified in section 80(1) above.

Textual Amendments

F37 Words in s. 89(3) substituted (3.11.1994) by 1994 c. 33, s. 101(4).

Modifications etc. (not altering text)

C9 S. 89: transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(h)

Commencement Information

I12 S. 89 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

90 Protection of prisoner custody officers. E+W

(1) Any person who assaults a prisoner custody officer

[F38 (a) acting in pursuance of prisoner escort arrangements;

(b) performing custodial duties at a contracted out prison; or

(c) performing contracted out functions at a directly managed prison,]

shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2) Section 17(2) of the M10 Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

(3) Any person who resists or wilfully obstructs a prisoner custody officer

[F38 (a) acting in pursuance of prisoner escort arrangements;

(b) performing custodial duties at a contracted out prison; or

(c) performing contracted out functions at a directly managed prison,]

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Textual Amendments

F38 Words in s. 90(1)(3) substituted (3.11.1994) by 1994 c. 33, s. 101(5).

Commencement Information

I13 S. 90 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Marginal Citations

M10 1968 c. 27.

91 Wrongful disclosure of information. E+W

(1) A person who

[F39 (a) is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or

(b) is or has been employed to perform contracted out functions at a directly managed prison,]

shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

(2) A person guilty of an offence under subsection (1) above shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

Textual Amendments

F39 Words in s. 91(1) substituted (3.11.1994) by 1994 c. 33, s. 101(6).

Commencement Information

I14 S. 91 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

92 Interpretation of Part IV. E+W

(1) In this Part [F40 unless the context otherwise requires]—

• “contracted out prison” and “the contractor” have the meanings given by [F41 section 84(4)] above;

• [F42 “contracted out functions” and “directly managed prison” have the meanings given by section 88A(5) above;]

• “ court-house” means a petty sessional court-house within the meaning of the 1980 Act or an occasional court-house appointed under section 147 of that Act;

• “court security officer” has the meaning given by section 76(1) above;

• “prison” includes a young offender institution or remand centre;

• [F42 “prison officer” means an officer of a directly managed prison;

• “prison rules” means rules made under section 47 of the 1952 Act;]

• [F43 “prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;]

• “prisoner custody officer” has the meaning given by section 89(1) above;

• “prisoner escort arrangements” has the meaning given by section 80(2) above.

• [F42 “sub-contractor” has the meaning given by section 84(4) above.]

[F44 (1A) Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.]

(2) Unless the contrary intention appears, expressions used in sections 76 to 79 above which are also used in [F45 the Justices of the Peace Act 1997] have the same meanings as in that Act.

(3) Sections 80, 81(1) and (2)(a), 82 and 89 to 91 above, subsection (1) above and Schedule 10 to this Act shall have effect as if—

(a) any reference in section 80(1), 81(1), 82 or 91 above to prisoners included a reference to persons [F46 remanded or committed to local authority accommodation under section 23 of the 1969 Act] by virtue of a security requirement imposed under section 23(4) of the 1969 Act (remands and committals to local authority accommodation); and

(b) any reference in [F46 section 80(1)(c) or (e) or (1A)] above to a prison included a reference to such accommodation.

[F47 (4) In sections 80, 82 and 83 above, “prison”—

(a) so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the M11 Prisons (Scotland) Act 1989; and

(b) so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.]

Textual Amendments

F40 Words in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(a).

F41 Words in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 101(7)(b).

F42 Definitions in s. 92(1) inserted (3.11.1994) by 1994 c. 33, s. 101(7)(c)-(e).

F43 Definition in s. 92(1) substituted (3.11.1994) by 1994 c. 33, s. 93(5).

F44 S. 92(1A) inserted (3.11.1994) by 1994 c. 33, s. 98.

F45 Words in s. 92(2) substituted (19.6.1997) by 1997 c. 25, ss. 73(2), 74(1), Sch. 5 para. 29(3).

F46 Words in s. 92(3) substituted (3.11.1994) by 1994 c. 33, s. 93(6).

F47 S. 92(4) inserted (3.11.1994) by 1994 c. 33, s. 93(7).

Commencement Information

I15 S. 92 partly in force; s. 92(3) not in force; s. 92(1) in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3; s. 92(2) in force at 1.4.1992 see S.I. 1992/333, art. 2(1), Sch. 1.

S. 92(3) shall come into force on the day appointed by the Secretary of State by order under s. 62(1) see S.I. 1992/333, art. 2(5), Sch. 3.

Marginal Citations

M11 1989 c. 45.