Part VIII Prison Services and the Prison Service
E2 Chapter II Scotland
Prisoner escorts
E1102 Arrangements for the provision of prisoner escorts.
1
The Secretary of State may make arrangements for any of the functions specified in subsection (2) below (“escort functions”) 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.
2
Those functions are—
a
the transfer of prisoners from one set of relevant premises to another;
b
the custody of prisoners held on court premises (whether or not they would otherwise be in the custody of the court) and their production before the court;
F13ba
the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;
c
the custody of prisoners temporarily held in a prison in the course of transfer from one prison to another; and
d
the custody of prisoners while they are outside a prison for temporary purposes.
3
In paragraph (a) of subsection (2) above, “relevant premises” means—
a
the premises of any court, prison, police station or hospital; or
b
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 Scotland.
4
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.
5
Any person who, under a warrant or hospital order, is responsible for the performance of any such function as is mentioned in subsection (2) above shall be deemed to have complied with that warrant or order 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 F3or by a police custody and security officer in the performance of functions F11under section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).
6
In this section—
“hospital” has the same meaning as in the F4Mental Health (Care and Treatment) (Scotland) Act 2003;
“hospital order” means an order for a person’s detention in, or admission to and detention in, a hospital under F5section F652D, 52M, 53, 54 or F757A of the Act of 1995F12...; and
“warrant” means a warrant for committal, a warrant for arrest, a F8transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or any other warrant, order or direction under the F9Act of 1995 or F10the Mental Health (Care and Treatment) (Scotland) Act 2003 requiring a person to be taken to a particular place.
Pt. VIII Chapter II extends to Scotland only except that ss. 102(1) to (3), 104, 105 and 117 extend also to the British Islands so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland see s. 172(12)