Criminal Justice and Public Order Act 1994
1994 c. 33 - continued
Part VIII - Prison Services and the Prison Service - continued

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Chapter III
 
orthern Ireland
 
Prisoner escorts

Arrangements for the provision of prisoner escorts.

        118.—(1) The Secretary of State may make arrangements for any of the following functions, namely—
     (a) the delivery of prisoners from one set of relevant premises to another;
     (b) the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;
     (c) the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and
     (d) the custody of prisoners while they are outside a prison for temporary purposes;
to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

    (2) In paragraph (a) of subsection (1) above, "relevant premises" means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside Northern Ireland.

    (3) Arrangements made by the Secretary of State under this section ("prisoner escort arrangements") may include entering into contracts with other persons for the provision by them of prisoner custody officers.

    (4) Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with that warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

    (5) In this section—
    "hospital" has the same meaning as in the [S.I. 1986/595 (N.I. 4).] Mental Health (Northern Ireland) Order 1986;
    "hospital order" means an order for a person's admission to hospital under Article 44, 45, 49 or 50 of that Order, or section 11 or 13 of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980;
    "hospital remand" means a remand of a person to hospital under Article 42 or 43 of the Mental Health (Northern Ireland) Order 1986;
    "warrant" means a warrant of commitment, a warrant of arrest or a warrant under Article 52, 53, 54, 56 or 79 of that Order.

Monitoring etc. of prisoner escort arrangements.

        119.—(1) Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State.

    (2) It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—
     (a) any allegations made against prisoner custody officers acting in pursuance of the arrangements; and
     (b) any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

Powers and duties of prisoner custody officers acting in pursuance of such arrangements.

        120.—(1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—
     (a) to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in accordance with the arrangements; and
     (b) to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held and any article in the possession of such a person.
    (2) The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, hat, jacket or gloves.

    (3) A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—
     (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;
     (d) to attend to their wellbeing; and
     (e) to give effect to any directions as to their treatment which are given by a court,
and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

    (4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which a magistrates' court is sitting, it shall be his duty to give effect to any order of that court made under Article 110 of the [S.I. 1981/1675 (N.I.26).] Magistrates' Courts (Northern Ireland) Order 1981 (application of funds found upon defaulter).

    (5) The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.

    (6) The power to make rules under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Breaches of discipline by prisoners under escort.

        121.—(1) This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison.

    (2) For the purpose of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been in the custody of the governor of the prison at all times during the period for which the prisoner custody officer was so responsible.

    (3) In the case of any breach by the prisoner at any time during the period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer.

    (4) Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

    (5) In this section "prison rules" , in relation to a prison situated in a part of the British Islands outside Northern Ireland, means rules made under any provision of the law of that part which corresponds to section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953.
 
Supplemental

Certification of custody officers.

        122.—(1) In this Chapter "prisoner custody officer" means a person in respect of whom a certificate is for the time being in force certifying—
     (a) that he has been approved by the Secretary of State for the purpose of performing escort functions; and
     (b) that he is accordingly authorised to perform them.
    (2) Schedule 7 to this Act shall have effect with respect to the certification of prisoner custody officers.

    (3) In this section and Schedule 7 to this Act "escort functions" means the functions specified in section 118(1) above.

Protection of prisoner custody officers.

        123.—(1) Any person who assaults a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

    (2) Article 18(2) of the [S.I.1981/155 (N.I. 2).] Firearms (Northern Ireland) Order 1981 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

    (3) Any person who resists or wilfully obstructs a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

    (4) For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Wrongful disclosure of information.

        124.—(1) A person who is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

    (2) A person guilty of an offence under subsection (1) above shall be liable—
     (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;
     (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

Interpretation of Chapter III.

        125.—(1) In this Chapter—
    "prison" includes a young offenders centre or remand centre;
    "prisoner custody officer" has the meaning given by section 122(1) above;
    "prison rules" means rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953;
    "prisoner" means any person for the time being detained in lawful custody as the result of a requirement imposed by a court or otherwise that he be so detained;
    "prisoner escort arrangements" has the meaning given by section 118(3) above.
    (2) Sections 118, 119(1) and (2)(a), 120 and 122 to 124 above, subsection (1) above and Schedule 7 to this Act shall have effect as if—
     (a) any reference in section 118(1), 119(1), 120 or 124 above to prisoners included a reference to persons remanded or committed to custody in certain premises under section 51, 74 or 75 of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 or ordered to be sent to a training school under section 74 or 78 of that Act; and
     (b) any reference in section 118(1)(c) or (d) or (2) above to a prison included a reference to such premises or training school.
    (3) In sections 118, 120 and 121 above, "prison"—
     (a) so far as relating to the delivery of prisoners to or from a prison situated in England and Wales, includes a remand centre or young offender institution; and
     (b) so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the [1989 c. 45.] Prisons (Scotland) Act 1989.
 
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