Modifications etc. (not altering text)
C1Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)
(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 pursuance of 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, 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.
[F1(4)Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made—
(a)in the case of the Crown Court, under [F2section 142 of the Powers of Criminal Courts (Sentencing) Act 2000] (power of Court to order search of persons before it); or
(b)in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).
[F3(4A)Subsections (4B) and (4C) apply if a prisoner custody officer acting in pursuance of prisoner escort arrangements is at a police station for the purposes of exercising functions under section 80(1)(ba) (custody of prisoners in relation to live link proceedings) in relation to a prisoner.
(4B)It is the prisoner custody officer’s duty to give effect to—
(a)any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 in relation to the prisoner, or
(b)any order of a magistrates’ court under section 80 of the 1980 Act in relation to the prisoner.
(4C)The fact that the prisoner custody officer is exercising, or may exercise, functions under section 80(1)(ba) in relation to the prisoner does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.]
(5)The powers conferred by subsection (1) above, and the powers arising by virtue of subsections (3) [F4, (4) and (4B)] 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.]
Textual Amendments
F1S. 82(4) substituted (3.11.1994) by 1994 c. 33, s. 94(1)
F3S. 82(4A)-(4C) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(7), 208(5)(g)
F4Words in s. 82(5) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 58(8), 208(5)(g)
Commencement Information
I1S. 82 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3