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Criminal Justice and Public Order Act 1994

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Section 12.

SCHEDULE 2E+W Certification of Custody Officers: England and Wales

PreliminaryE+W

1In this Schedule—E+W

  • certificate” means a certificate under section 12(3) of this Act;

  • the relevant functions”, in relation to a certificate, means the escort functions or custodial duties authorised by the certificate.

Issue of certificatesE+W

2(1)Any person may apply to the Secretary of State for the issue of a certificate in respect of him.E+W

(2)The Secretary of State shall not issue a certificate on any such application unless he is satisfied that the applicant—

(a)is a fit and proper person to perform the relevant functions; and

(b)has received training to such standard as he may consider appropriate for the performance of those functions.

(3)Where the Secretary of State issues a certificate, then, subject to any suspension under paragraph 3 or revocation under paragraph 4 below, it shall continue in force until such date or the occurrence of such event as may be specified in the certificate.

(4)A certificate authorising the performance of both escort functions and custodial duties may specify different dates or events as respects those functions and duties respectively.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Sch. 2 para. 2: Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(ii)

Suspension of certificateE+W

3(1)This paragraph applies where at any time—E+W

(a)in the case of a custody officer acting in pursuance of escort arrangements, it appears to the escort monitor that the officer is not a fit and proper person to perform escort functions;

(b)in the case of a custody officer performing custodial duties at a contracted out secure training centre, it appears to the [F1monitor]of the secure training centre that the officer is not a fit and proper person to perform custodial duties; or

(c)in the case of a custody officer performing contracted out functions at a directly managed secure training centre, it appears to the [F1governor] of that secure training centre that the officer is not a fit and proper person to perform custodial duties.

(2)The escort monitor [F2, monitor or governor] may—

(a)refer the matter to the Secretary of State for a decision under paragraph 4 below; and

(b)in such circumstances as may be prescribed by regulations made by the Secretary of State, suspend the officer’s certificate so far as it authorises the performance of escort functions or, as the case may be, custodial duties pending that decision.

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

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Words in Sch. 2 para. 3(1)(b)(c) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 113(1)(a)(b) (with Sch. 9); S.I. 1998/2327, art. 2

F2Words in Sch. 2 para. 3(2) substituted (30.9.1998) by 1998 c. 37, s. 119, Sch. 8 para. 113(2) (with Sch. 9); S.I. 1998/2327, art. 2

Modifications etc. (not altering text)

C2Sch. 2 para. 3(2)(a): Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(ii)

Revocation of certificateE+W

4Where at any time it appears to the Secretary of State that a custody officer is not a fit and proper person to perform escort functions or custodial duties, he may revoke that officer’s certificate so far as it authorises the performance of those functions or duties.E+W

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C3Sch. 2 para. 4: Transfer of functions (20.4.2000) by S.I. 2000/1160, art. 4(1)(2)(k)(ii)

False statementsE+W

5If any person, for the purpose of obtaining a certificate for himself or for any other person—E+W

(a)makes a statement which he knows to be false in a material particular; or

(b)recklessly makes a statement which is false in a material particular,

he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Yn ôl i’r brig

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