Search Legislation

Criminal Justice and Public Order Act 1994

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Criminal Justice and Public Order Act 1994. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Criminal Justice and Public Order Act 1994

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Section 12.

SCHEDULE 1E+W Escort Arrangements: England and Wales

Arrangements for the escort of [F1persons detained in youth detention accommodation]E+W

Annotations: Help about Annotation
Close

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)

1(1)The Secretary of State may make arrangements for any of the following functions, namely—E+W

(a)the delivery of [F2detained persons] from one set of relevant premises to another;

(b)the custody of [F2detained persons] 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;

[F3(c)the custody of detained persons temporarily held in youth detention accommodation in the course of delivery from one such place of accommodation to another; and

(d)the custody of detained persons while they are outside a place of youth detention accommodation for temporary purposes,]

to be performed in such cases as may be determined by or under the arrangements by custody officers who are authorised to perform such functions.

(2)In sub-paragraph (1)(a) above, “relevant premises” means [F4a place of youth detention accommodation or a court] , police station or hospital.

(3)Arrangements made by the Secretary of State under sub-paragraph (1) above (“escort arrangements”) may include entering into contracts with other persons for the provision by them of custody officers.

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

(5)In this paragraph—

  • hospital” has the same meaning as in the M1Mental Health Act 1983;

  • hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the M2Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the M3Criminal Appeal Act 1968;

  • hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983;

  • warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

Annotations: Help about Annotation
Close

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)

Modifications etc. (not altering text)

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

Marginal Citations

Monitoring etc. of escort arrangementsE+W

2(1)Escort arrangements shall include the appointment of—E+W

(a)an 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; and

(b)a panel of lay observers whose duty it shall be to inspect the conditions in which [F5detained persons] are transported or held in pursuance of the arrangements and to make recommendations to the Secretary of State.

(2)It shall also be the duty of an escort monitor to investigate and report to the Secretary of State on any allegations made against custody officers acting in pursuance of escort arrangements.

(3)Any expenses incurred by members of lay panels may be defrayed by the Secretary of State to such extent as he may with the approval of the Treasury determine.

Annotations: Help about Annotation
Close

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)

Modifications etc. (not altering text)

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

Powers and duties of custody officers acting in pursuance of escort arrangementsE+W

3(1)A custody officer acting in pursuance of escort arrangements shall have the following powers, namely—E+W

(a)to search in accordance with rules made by the Secretary of State any [F6detained person] 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 [F6detained person] is or is to be held, and any article in the possession of such a person.

(2)The powers conferred by sub-paragraph (1)(b) above to search a person shall not be construed as authorising a custody officer to require a person to remove any of his clothing other than an outer coat, headgear, jacket or gloves.

(3)A custody officer shall have the following duties as respects [F7detained persons] for whose delivery or custody he is responsible in pursuance of 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 custody officers of their duty under (d) above.

(4)The powers conferred by sub-paragraph (1) above, and the powers arising by virtue of sub-paragraph (3) above, shall include power to use reasonable force where necessary.

(5)The power to make rules 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
Close

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)

InterpretationE+W

4In this Schedule—E+W

  • [F8detained person” means a person remanded or committed to accommodation which is youth detention accommodation or detained in any such accommodation pursuant to a sentence or order requiring the person to be detained;]

  • escort arrangements” has the meaning given by paragraph 1 above; F9. . .

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations: Help about Annotation
Close

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)

F8Sch. 1 para. 4: definition of "detained person" inserted (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 35(4)(a), 41(1); S.I. 2007/3001, art. 2(1)(l)

F10Sch. 1 para. 4: the definitions of "offender" and "secure training centre" repealed (1.11.2007) by Offender Management Act 2007 (c. 21), ss. 35(4)(b), 39, 41(1), {Sch. 5 Pt. 3)}; S.I. 2007/3001, art. 2(1)(u)(i)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources