Version Superseded: 31/08/2006
Point in time view as at 09/05/2005.
Prison Act 1952, Cross Heading: Central administration is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
All powers and jurisdiction in relation to prisons and prisoners which before the commencement of the M1Prison Act 1877 were exercisable by any other authority shall, subject to the provisions of this Act, be exercisable by the Secretary of State.
Marginal Citations
Textual Amendments
F1S. 2 repealed by S.I. 1963/597, Sch. 1
(1)The Secretary of State [F2may, for the purposes of this Act, appoint such officers and [F3employ such other persons] as he] may, with the sanction of the [F4Minister for the Civil Service] as to number, determine.
(2)There shall be paid out of moneys provided by Parliament to [F2the officers and servants appointed under this section] such salaries as the Secretary of State may with the consent of the [F4Minister for the Civil Service] determine.
Editorial Information
X1Unreliable marginal note
Textual Amendments
F2Words substituted by S.I. 1963/597, Sch. 1
F3Words in s. 3(1) substituted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 7; S.I. 1995/127, art. 2(1), Sch. 1 Appendix B
F4Words substituted by virtue of S.I. 1968/1656, art. 2(1)(a)
(1)[F5The Secretary of State] shall have the general superintendence of prisons and shall make the contracts and do the other acts necessary for the maintenance of prisons and the maintenance of prisoners.
(2)[F5Officers of the Secretary of State duly authorised in that behalf], shall visit all prisons and examine the state of buildings, the conduct of officers, the treatment and conduct of prisoners and all other matters concerning the management of prisons and shall ensure that the provisions of this Act and of any rules made under this Act are duly complied with.
(3)[F5The Secretary of State and his officers] may exercise all powers and jurisdiction exercisable at common law, by Act of Parliament, or by charter by visiting justices of a prison.
Editorial Information
X2Unreliable marginal note
Textual Amendments
F5Words substituted by S.I. 1963/597, Sch. 1
[F6(1)The Secretary of State shall issue an annual report on every prison and shall lay every such report before Parliament.]
(2)The report shall contain—
(a)a statement of the accommodation of each prison and the daily average and highest number of prisoners confined therein;
(b)such particulars of the work done by prisoners in each prison, including the kind and quantities of articles produced and the number of prisoners employed, as may in the opinion of the Secretary of State give the best information to Parliament;
(c)a statement of the punishments inflicted in each prison and of the offences for which they were inflicted, . . . F7
Editorial Information
X3Unreliable marginal note
Textual Amendments
F6S. 5(1) substituted by S.I. 1963/597, Sch. 1
F7Words repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
(1)Her Majesty may appoint a person to be Chief Inspector of Prisons.
(2)It shall be the duty of the Chief Inspector to inspect or arrange for the inspection of prisons in England and Wales and to report to the Secretary of State on them.
(3)The Chief Inspector shall in particular report to the Secretary of State on the treatment of prisoners and conditions in prisons.
(4)The Secretary of State may refer specific matters connected with prisons in England and Wales and prisoners in them to the Chief Inspector and direct him to report on them.
(5)The Chief Inspector shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament.
[F9(5A)Subsections (2) to (5) apply to [F10removal centres] (as defined by section 147 of the Immigration and Asylum Act 1999 and including any in Scotland) and persons detained in such [F10removal centres] as they apply to prisons and prisoners.]]
(6)The Chief Inspector shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine.
Textual Amendments
F8S. 5A inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 57(1)
F9S. 5A(5A) inserted (2.4.2001) by 1999 c. 33, s. 152(5); S.I. 2001/239, art. 2, Sch.
F10Words in s. 5A(5A) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 66(2)(3)(o), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
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