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Prison Act 1952
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Prison Act 1952, Section 13 is up to date with all changes known to be in force on or before 07 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.
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13 Legal custody of prisoner.E+W
(1)Every prisoner shall be deemed to be in the legal custody of the governor of the prison.
(2)A prisoner shall be deemed to be in legal custody while he is confined in, or is being taken to or from, any prison and while he is working, or is for any other reason, outside the prison in the custody or under the control of an officer of the prison [F1and while he is being taken to any place to which he is required or authorised by or under this Act [F2or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000] [F3or section 271, 276 or 329 of the Sentencing Code] to be taken, or is kept in custody in pursuance of any such requirement or authorisation].
Textual Amendments
F1Words added by Criminal Justice Act 1961 (c. 39), Sch. 4
F3Words in s. 13(2) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 4 (with Sch. 27); S.I. 2020/1236, reg. 2
Modifications etc. (not altering text)
C1S. 13(1) modified (31.10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 87(4); S.I. 1991/2208, art. 2(4), Sch. 3
C2S. 13(2) modified (31,10.1991) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 87(6); S.I. 1991/2208, art. 2(4), Sch. 3
S. 13(2) modified (3.11.1994) by 1994 c. 33, ss. 11(3)(4), 172(4)
S. 13(2) modified (3.11.1994) by 1991 c. 53, s. 88A (as inserted (3.11.1994) by 1994 c. 33, ss. 99, 172(4))
C3S. 13(2) applied (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 10 para. 22; S.I. 2015/778, art. 2(1)(d)
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