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Criminal Justice and Public Order Act 1994

Status:

This is the original version (as it was originally enacted).

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

(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 person in charge 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 person in charge of that secure training centre that the officer is not a fit and proper person to perform custodial duties.

(2)The escort monitor or person in charge 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.

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