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)

Contracted out prisons E+W

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 [F1 in accordance with prison rules] 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 [F2 submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979).] .

(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.

Textual Amendments

F1 Words in s. 86(1)(b) inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 16(1)(a), 41(1); S.I. 2007/3001, art. 2(1)(a)

F2 Words in s. 86(2) substituted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 16(1)(b), 41(1); S.I. 2007/3001, art. 2(1)(a)

Commencement Information

I1 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