Part I Young Offenders

Secure training orders

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F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 Provision etc. of secure training centres.

1

Section 43 of the M1Prison Act 1952 (which enables certain institutions for young offenders to be provided and applies provisions of the Act to them) shall be amended as follows.

2

In subsection (1), after paragraph (c), there shall be inserted the following paragraph, preceded by the word “and”—

d

secure training centres, that is to say places in which offenders not less than 12 but under 17 years of age in respect of whom secure training orders have been made under section 1 of the Criminal Justice and Public Order Act 1994 may be detained and given training and education and prepared for their release

3

After subsection (4), there shall be inserted the following subsection—

4A

Sections 16, 22 and 36 of this Act shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners.

4

In subsection (5), for the words “such centres” there shall be substituted the words “ centres of the descriptions specified in subsection (4) above ”.

5

After subsection (5), there shall be inserted the following subsection—

5A

The other provisions of this Act preceding this section, except sections 5, 5A, 6(2) and (3), 12, 14, 19, 25, 28 and 37(2) and (3) above, shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptations and modifications as may be specified in rules made by the Secretary of State.

6 Management of secure training centres.

1

Section 47 of the Prison Act 1952 (rules for the regulation and management of prisons and certain institutions for young offenders) shall be amended as follows.

2

In subsection (1), for the words between “remand centres” and “respectively”, there shall be substituted the words “ , young offender institutions or secure training centres ”.

3

After subsection (4), there shall be inserted the following subsection—

4A

Rules made under this section shall provide for the inspection of secure training centres and the appointment of independent persons to visit secure training centres and to whom representations may be made by offenders detained in secure training centres.

4

In subsection (5), for the words between “remand centre” and “not” there shall be substituted the words “ , young offender institution or secure training centre ”.

C17 Contracting out of secure training centres.

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 secure training centre or part of a secure training centre.

2

While a contract for the running of a secure training centre or part of a secure training centre is in force the centre or part shall be run subject to and in accordance with the M2Prison Act 1952 and in accordance with secure training centre rules subject to such adaptations and modifications as the Secretary of State may specify in relation to contracted out secure training centres.

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 M3Landlord and Tenant Act 1954 (security of tenure);

b

section 146 of the M4Law of Property Act 1925 (restrictions on and relief against forfeiture); and

c

section 19 of the M5Landlord and Tenant Act 1927 and the M6Landlord and Tenant Act 1988 (covenants not to assign etc.).

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

4

In this section—

a

the reference to the Prison Act 1952 is a reference to that Act as it applies to secure training centres by virtue of section 43 of that Act; and

b

the reference to secure training centre rules is a reference to rules made under section 47 of that Act for the regulation and management of secure training centres.

8 Officers of contracted out secure training centres.

1

Instead of a governor, every contracted out secure training centre shall have—

a

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

C2b

a monitor, who shall be a Crown servant appointed by the Secretary of State;

and every officer of such a secure training centre who performs custodial duties shall be a custody officer who is authorised to perform such duties or an officer of a directly managed secure training centre who is temporarily attached to the secure training centre.

2

The director shall have such functions as are conferred on him by the M7Prison Act 1952 as it applies to secure training centres and as may be conferred on him by secure training centre rules.

C23

The monitor shall have such functions as may be conferred on him by secure training centre rules and shall be under a duty—

a

to keep under review, and report to the Secretary of State on, the running of the secure training centre by or on behalf of the director; and

b

to investigate, and report to the Secretary of State on, any allegations made against custody officers performing custodial duties at the secure training centre or officers of directly managed secure training centres who are temporarily attached to the secure training centre.

4

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 secure training centre or otherwise) to facilitate the exercise by the monitor of all such functions as are mentioned in or imposed by subsection (3) above.

9 Powers and duties of custody officers employed at contracted out secure training centres.

1

A custody officer performing custodial duties at a contracted out secure training centre shall have the following powers, namely—

a

to search in accordance with secure training centre rules any offender who is detained in the secure training centre; and

b

to search any other person who is in or who is seeking to enter the secure training centre, 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 custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.

3

A custody officer performing custodial duties at a contracted out secure training centre shall have the following duties as respects offenders detained in the secure training centre, 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.

9AF5Power of custody officers to detain suspected offenders

1

A custody officer performing custodial duties at a contracted out secure training centre shall have the following powers in relation to any person who is in or is seeking to enter the centre (other than a person detained in the centre).

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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.

C44

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.

10 Intervention by Secretary of State in management of contracted out secure training centres.

1

This section applies where, in the case of a contracted out secure training centre, it appears to the Secretary of State—

a

that the director has lost, or is likely to lose, effective control of the secure training centre 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 secure training centre 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 monitor shall be exercisable by the governor;

b

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 secure training centre 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 secure training centre or, as the case may be, the relevant part of it; and

b

that the governor’s appointment is no longer necessary for the purpose 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, any sub-contractor of his, the director and the monitor.

C511 Contracted out functions at directly managed secure training centres.

1

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

2

Section 9 shall apply in relation to a custody officer performing contracted out functions at a directly managed secure training centre as it applies in relation to such an officer performing custodial duties at a contracted out secure training centre.

3

In relation to a directly managed secure training centre, the reference in section 13(2) of the M8Prison Act 1952 (legal custody of prisoners) as it applies to secure training centres to an officer of the prison shall be construed as including a reference to a custody officer performing custodial duties at the secure training centre in pursuance of a contract under this section.

4

Any reference in subsections (1), (2) and (3) above to the performance of functions or custodial duties at a directly managed secure training centre includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a secure training centre.

Annotations:
Modifications etc. (not altering text)
C5

S. 11: Transfer of functions (20.4.2000) by S.I 2000/1160, art. 4(1)(2)(i)

Marginal Citations

12 Escort arrangements and officers.

1

The provisions of Schedule 1 to this Act (which make provision for escort arrangements for offenders detained at a secure training centre) shall have effect.

2

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

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In this Part, “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 in relation to offenders in respect of whom secure training orders F9or detention and training orders have been made; and

b

that he is accordingly authorised to perform them.

13 Protection of custody officers at secure training centres.

1

Any person who assaults a custody officer—

a

acting in pursuance of escort arrangements;

b

performing custodial duties at a contracted out secure training centre; or

c

performing contracted out functions at a directly managed secure training centre,

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 custody officer—

a

acting in pursuance of escort arrangements;

b

performing custodial duties at a contracted out secure training centre; or

c

performing contracted out functions at a directly managed secure training centre,

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

3

For the purposes of this section, a custody officer shall not be regarded as acting in pursuance of 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).

14 Wrongful disclosure of information relating to offenders detained at secure training centres.

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A person who—

a

is or has been employed (whether as a custody officer or otherwise) in pursuance of escort arrangements or at a contracted out secure training centre; or

b

is or has been employed to perform contracted out functions at a directly managed secure training centre,

commits 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 offender detained at a secure training centre.

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.

15 Interpretation of sections 7 to 14.

In sections 7 to 14—

  • “contracted out functions” means any functions which, by virtue of a contract under section 11, fall to be performed by custody officers;

  • “contracted out secure training centre” means a secure training centre or part of a secure training centre in respect of which a contract under section 7(1) is for the time being in force;

  • “the contractor”, in relation to a contracted out secure training centre, means the person who has contracted with the Secretary of State for the provision or running (or the provision and running) of it;

  • “custodial duties” means custodial duties at a secure training centre;

  • “directly managed secure training centre” means a secure training centre which is not a contracted out secure training centre;

  • “escort arrangements” means the arrangements specified in paragraph 1 of Schedule 1 to this Act;

  • “escort functions” means the functions specified in paragraph 1 of Schedule 1 to this Act;

  • “escort monitor” means a person appointed under paragraph 2(1)(a) of Schedule 1 to this Act;

  • “secure training centre rules” has the meaning given by section 7(4)(b); and

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

Custodial sentences for young offenders

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17 Maximum length of detention for young offenders.

1

Section 1B of the M9Criminal Justice Act 1982 (maximum length of detention in young offender institution for offenders aged 15, 16 or 17 years) shall be amended as follows.

2

In subsection (2)(b), for the words “12 months” there shall be substituted the words “ 24 months ”.

3

In subsection (4), for the words “12 months” there shall be substituted the words “ 24 months ”.

4

In subsection (5), for the words “12 months” in both places where they occur there shall be substituted the words “ 24 months ”.

18 Accommodation of young offenders sentenced to custody for life.

F71

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F72

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3

In section 43(1) of the M10Prison Act 1952 (which relates to the institutions for the detention of young offenders which may be provided by the Secretary of State), in paragraph (aa), at the end, there shall be inserted the words “ or to custody for life ”.

Annotations:
Amendments (Textual)
F7

S. 18(1)(2) repealed (25.8.2000) by ss. 165, 168, Sch. 12, Pt. I (with Sch. 11 paras. 1, 2)

Marginal Citations

Secure accommodation for certain young persons

19 Extension of kinds of secure accommodation.

1

Section 23 of the M11Children and Young Persons Act 1969 (remands and committals to local authority accommodation) shall be amended by the insertion, in subsection (12), in the definition of “secure accommodation”, after the words “community home”, of the words “, a voluntary home or a registered children’s home”, and, at the end of that subsection, of the words “but, for the purposes of the definition of “secure accommodation”, “local authority accommodation” includes any accommodation falling within section 61(2) of the M12Criminal Justice Act 1991.”.

2

In the M13Children Act 1989, Schedules 5 and 6 (which provide for the regulation of voluntary homes and registered childrens’ homes respectively) shall be amended as follows, that is to say—

a

in Schedule 5, in paragraph 7(2) (regulations as to conduct of voluntary homes)—

i

head (f) (power to prohibit provision of secure accommodation) shall be omitted; and

ii

after that head, there shall be inserted the following—

ff

require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child;

b

in Schedule 6, in paragraph 10(2) (regulations as to conduct, etc. of registered childrens’ homes)—

i

head (j) (power to prohibit use of accommodation as secure accommodation) shall be omitted; and

ii

after that head, there shall be inserted the following—

jj

require the approval of the Secretary of State for the provision and use of accommodation for the purpose of restricting the liberty of children in such homes and impose other requirements (in addition to those imposed by section 25) as to the placing of a child in accommodation provided for that purpose, including a requirement to obtain the permission of any local authority who are looking after the child.

3

In section 61 of the Criminal Justice Act 1991 (provision by local authorities of secure accommodation)—

a

in subsection (2), at the end, there shall be inserted the words “ or by making arrangements with voluntary organisations or persons carrying on a registered childrens’ home for the provision or use by them of such accommodation or by making arrangements with the Secretary of State for the use by them of a home provided by him under section 82(5) of the Children Act 1989 ”; and

b

in subsection (5), at the end, there shall be inserted the words “ and expressions, other than “local authority”, used in the M14Children Act 1989 have the same meanings as in that Act. ”.

F820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1021 Cost of secure accommodation.

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22 Management of secure accommodation.

1

The Children Act 1989 shall be amended as follows.

2

In section 53 (provision and management of community homes)—

a

in subsection (3) (homes which may be community homes)—

i

in paragraph (a), for the words “managed, equipped and maintained” there shall be substituted the words “ equipped, maintained and (subject to subsection (3A)) managed ”; and

ii

in paragraph (b)(i), for the words “management, equipment and maintenance” there shall be substituted the words “ equipment, maintenance and (subject to subsection (3B)) management ”; and

b

after subsection (3) there shall be inserted the following subsections—

3A

A local authority may make arrangements for the management by another person of accommodation provided by the local authority for the purpose of restricting the liberty of children.

3B

Where a local authority are to be responsible for the management of a community home provided by a voluntary organisation, the local authority may, with the consent of the body of managers constituted by the instrument of management for the home, make arrangements for the management by another person of accommodation provided for the purpose of restricting the liberty of children.

3

In Part II of Schedule 4 (management of controlled and assisted community homes)—

a

in paragraph 3(4), after the word “managers” there shall be inserted the words “ , except in so far as, under section 53(3B), any of the accommodation is to be managed by another person. ”; and

b

in paragraph 3(5), after the word “body” there shall be inserted the words “ ; and similarly, to the extent that a contract so provides, as respects anything done, liability incurred or property acquired by a person by whom, under section 53(3B), any of the accommodation is to be managed ”.

Arrest of young persons in breach of conditions of remand

I123 Liability of young persons to arrest for breaking conditions of remand.

After section 23 of the M15Children and Young Persons Act 1969 there shall be inserted the following section—

23A Liability to arrest for breaking conditions of remand.

1

A person who has been remanded or committed to local authority accommodation and in respect of whom conditions under subsection (7) or (10) of section 23 of this Act have been imposed may be arrested without warrant by a constable if the constable has reasonable grounds for suspecting that that person has broken any of those conditions.

2

A person arrested under subsection (1) above—

a

shall, except where he was arrested within 24 hours of the time appointed for him to appear before the court in pursuance of the remand or committal, be brought as soon as practicable and in any event within 24 hours after his arrest before a justice of the peace for the petty sessions area in which he was arrested; and

b

in the said excepted case shall be brought before the court before which he was to have appeared.

In reckoning for the purposes of this subsection any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

3

A justice of the peace before whom a person is brought under subsection (2) above—

a

if of the opinion that that person has broken any condition imposed on him under subsection (7) or (10) of section 23 of this Act shall remand him; and that section shall apply as if he was then charged with or convicted of the offence for which he had been remanded or committed;

b

if not of that opinion shall remand him to the place to which he had been remanded or committed at the time of his arrest subject to the same conditions as those which had been imposed on him at that time.

Police detention of young persons

24 Detention of arrested juveniles after charge.

In section 38(6) of the M16Police and Criminal Evidence Act 1984 (detention of arrested juveniles after charge), in paragraph (b), for the words “age of 15 years” there shall be substituted the words “ age of 12 years ”.