11(1)This paragraph applies where a secure college custody officer performing custodial duties at a contracted-out secure college has reason to believe that a person who is in the college or seeking to enter the college, other than a person detained there, is committing or has committed an offence under any of sections 39 to 40D of the Prison Act 1952.E+W
(2)The officer may require the person to wait with the officer for the arrival of a constable for such period as is necessary, except that the person may not be required to wait for longer than 2 hours.
(3)The officer may use reasonable force to prevent the person from making off during that period.
(4)A person who makes off during that period is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)In sub-paragraph (1), the reference to an offence under any of sections 39 to 40D of the Prison Act 1952 (a “1952 Act offence”) includes—
(a)an offence of attempting to commit a 1952 Act offence,
(b)an offence of conspiracy to commit a 1952 Act offence, and
(c)an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to which a 1952 Act offence is the offence which the person intended or believed would be committed.
Commencement Information
I1Sch. 10 para. 11 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)