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Part VIIIE+W+S+N.I. Prison Services and the Prison Service

Chapter IIIE+W+S+N.I. Northern Ireland

Annotations:

Extent Information

E1Pt. VIII Chapter III extends to Northern Ireland only except that ss. 118, 120, 121 and 125 extend also to the British Islands so far as relating to the delivery of prisoners situated in a part of the british Islands outside Northern Ireland see s. 172(14)

Prisoner escortsE+W+S+N.I.

[F1117AExercise of functions by the Department of JusticeE+W+S+N.I.

(1)This Chapter, except so far as it relates to the delivery of prisoners to or from premises situated outside the United Kingdom, has effect subject to the following modifications.

(2)Any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

(3)Subsections (4) and (5) below apply instead of section 120(6) and paragraph 3(3) of Schedule 7.

(4)The power of the Department of Justice to make rules under section 120 or to make regulations under paragraph 3 of Schedule 7 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(5)Rules made by the Department of Justice under section 120, and regulations made by the Department of Justice under paragraph 3 of Schedule 7, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

118 Arrangements for the provision of prisoner escorts.E+W+S+N.I.

(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—

Annotations:

Extent Information

E2S. 118 extends to Northern Ireland and the British Islands see s. 172(14)

Marginal Citations

119 Monitoring etc. of prisoner escort arrangements.N.I.

(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.

120 Powers and duties of prisoner custody officers acting in pursuance of such arrangements.E+W+S+N.I.

(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 M3Magistrates’ 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.

Annotations:

Extent Information

E3S. 120 extends to Northern Ireland and British Islands see s. 172(14)

Marginal Citations

121 Breaches of discipline by prisoners under escort.E+W+S+N.I.

(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 M4Prison Act (Northern Ireland) 1953.

Annotations:

Extent Information

E4S. 121 extends to Northern Ireland and British Islands see s. 172(14)

Marginal Citations

SupplementalE+W+S+N.I.

122 Certification of custody officers.N.I.

(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.

123 Protection of prisoner custody officers.N.I.

(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)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

Annotations:

Amendments (Textual)

F2S. 123(2) repealed (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (N.I. 3), art. 1(3), {Sch. 8}; S.R. 2005/4, art. 3

124 Wrongful disclosure of information.N.I.

(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.

125 Interpretation of Chapter III.E+W+S+N.I.

(1)In this Chapter—

(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 M6Children 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 [F3remand 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 M7Prisons (Scotland) Act 1989.

Annotations:

Extent Information

E5S. 125 extends to Northern Ireland and British Islands see s. 172(14)

Amendments (Textual)

F3Words in s. 125(3)(a) repealed (prosp.) by 2000 c. 43, ss. 75, 80, Sch. 8

Marginal Citations