Criminal Justice Act 1991

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, [F1 justices’ chief executive] or justices’ clerk who is exercising any functions in the court-house; and

(b) any officer or staff [F1 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

F1 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

I1 S. 77 wholly in force at 1.4.1992 see s. 102(2)(3) and S.I. 1992/333, art. 2(1), Sch. 1.