Criminal Justice and Courts Act 2015

Officers who perform custodial duties E+W

7 E+W Every officer of a contracted-out secure college who performs custodial duties at the college must be—

(a) a secure college custody officer, or

(b) an officer of a directly managed secure college who is temporarily attached to the contracted-out secure college.

Commencement Information

I1 Sch. 10 para. 7 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)

8 E+W A secure college custody officer performing custodial duties at a contracted-out secure college has the following duties in relation to persons detained there—

(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 well-being.

Commencement Information

I2 Sch. 10 para. 8 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)

9 (1) A secure college custody officer performing custodial duties at a contracted-out secure college may search the following in accordance with secure college rules— E+W

(a) a person who is detained in the secure college,

(b) any other person who is in the secure college or who is seeking to enter the secure college, and

(c) an article in the possession of a person described in paragraph (b).

(2) The power under sub-paragraph (1)(b) does not include power to require a person to submit to an intimate search (within the meaning of section 164(5) of the Customs and Excise Management Act 1979).

Commencement Information

I3 Sch. 10 para. 9 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)

10 E+W If authorised to do so by secure college rules, a secure college custody officer may use reasonable force where necessary in carrying out functions under paragraph 8 or 9.

Commencement Information

I4 Sch. 10 para. 10 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)

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

I5 Sch. 10 para. 11 in force at 20.3.2015 by S.I. 2015/778, art. 2(1)(d)