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Criminal Justice Act 1991
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Changes over time for: Section 85
Version Superseded: 01/11/2007
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- 31/10/1991- Amendment
- 03/11/1994- Amendment
- 03/11/1994
Point in time - 01/11/2007- Amendment
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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 [F1or 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 [F2or prison officers who are temporarily attached to the prison].
(5)[F3The 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
F1Words in s. 85(1) inserted (3.11.1994) by 1994 c. 33, s. 97(1).
F2Words in s. 85(4)(b) inserted (3.11.1994) by 1994 c. 33, s. 97(2).
F3Words in s. 85(5) substituted (3.11.1994) by 1994 c. 33, s. 101(1).
Commencement Information
I1S. 85 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3
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