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(1)Any prisoner who takes part in a prison mutiny shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.
(2)For the purposes of this section there is a prison mutiny where two or more prisoners, while on the premises of any prison, engage in conduct which is intended to further a common purpose of overthrowing lawful authority in that prison.
(3)For the purposes of this section the intentions and common purpose of prisoners may be inferred from the form and circumstances of their conduct and it shall be immaterial that conduct falling within subsection (2) above takes a different form in the case of different prisoners.
(4)Where there is a prison mutiny, a prisoner who has or is given a reasonable opportunity of submitting to lawful authority and fails, without reasonable excuse, to do so shall be regarded for the purposes of this section as taking part in the mutiny.
(5)Proceedings for an offence under this section shall not be brought except by or with the consent of the Director of Public Prosecutions.
(6)In this section—
“conduct” includes acts and omissions;
“prison” means any prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the M1Prison Act 1952, including a contracted out prison within the meaning of Part IV of the M2Criminal Justice Act 1991;
“prisoner” means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody.
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