SCHEDULES

SCHEDULE 10Contracting out secure colleges

PART 1Contracting out provision and running of secure colleges

Officers who perform custodial duties

11I1

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.

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.