Government of Wales Act 2006

[F1 Section L11 U.K. Section L11 Prisons and offender management

Textual Amendments

F1 Schs. 7A, 7B substituted for Sch. 7 (1.4.2018) by Wales Act 2017 (c. 4), s. 71(3), Sch. 1 (with Sch. 7 paras. 1, 2, 6); S.I. 2017/1179, reg. 2

175 (1) Prisons and other institutions for the detention of persons charged with or convicted of offences (““relevant institutions””). U.K.

(2) The management of—

(a) persons charged with or convicted of offences (whether or not detained in a relevant institution);

(b) other persons required to be detained in a relevant institution.

(3) This reservation includes probation, escort functions, transfers of persons between relevant institutions and the subject-matter of—

(a) sections 47 to 49 of the Mental Health Act 1983 (transfer to hospital of prisoners) and the provisions of that Act relating to persons who are restricted patients within the meaning given by section 79 of that Act;

(b) sections 37 to 42 of the Crime and Disorder Act 1998 (youth justice).

Exceptions

• Accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children or young persons.

• The provision of health care, social care, education, training or libraries.

Interpretation

• The reference to conviction in sub-paragraph (2) includes a finding in criminal proceedings that a person has committed an offence or done the act or made the omission charged.

• “"Escort functions”” includes functions of the kind mentioned in section 80(1) of the Criminal Justice Act 1991.

• “"Probation”” includes matters of the kind mentioned in section 1(1)(a) to (f) of the Offender Management Act 2007.]