Explanatory Note
(This note is not part of the Regulations)
Paragraph 3 of Schedule 10 to the Criminal Justice Act 1991 (“the 1991 Act”) provides that if it appears to the appropriate prisoner escort monitor, controller of a contracted out prison or governor of a directly managed prison, that a prisoner custody officer is not a fit and proper person to perform, respectively, escort functions, custodial duties or contracted out functions, he may refer the matter to the Secretary of State who may revoke that officer’s certificate and may, in prescribed circumstances, suspend the officer’s certificate pending the Secretary of State’s decision.
The Criminal Justice Act 1991 (Suspension of Prisoner Custody Officer Certificate) Regulations 1992 (“the 1992 Regulations”) prescribed the circumstances in which the prisoner escort monitor or controller of a contracted out prison could suspend an officer’s certificate pending the Secretary of State’s decision.
These Regulations amend the 1992 Regulations principally so as to prescribe the circumstances in which the governor of a directly managed prison can suspend the certificate of an officer performing contracted out functions at a directly managed prison pending the Secretary of State’s decision.