Criminal Justice and Public Order Act 1994

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

(1) In subsection (1) of section 80 (arrangements for the provision of prisoner escorts) of the M1 Criminal Justice Act 1991 (“the 1991 Act”)—

(a) for paragraph (a) there shall be substituted the following paragraph—

“(a) the delivery of prisoners from one set of relevant premises to another;”;

(b) in paragraph (b), for the words “such premises” there shall be substituted the words “ the premises of any court ”; and

(c) for paragraphs (c) and (d) there shall be substituted the following paragraph—

“(c) the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and”.

(2) After that subsection there shall be inserted the following subsection—

“(1A) 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 England and Wales.”.

(3) In subsection (3) of that section, for the words “a warrant of commitment” there shall be substituted the words “ a warrant or a hospital order or remand ” and for the words “that warrant” there shall be substituted the words “ the warrant, order or remand ”.

(4) After that subsection there shall be inserted the following subsection—

“(4) In this section—

• “hospital” has the same meaning as in the M2 Mental 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 M3 Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the M4 Criminal 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.”.

(5) In subsection (1) of section 92 of that Act (interpretation of Part IV), for the definition of “prisoner” there shall be substituted the following definition—

““prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;”.

(6) In subsection (3) of that section—

(a) for the words from “kept” to “accommodation)” there shall be substituted the words “ remanded or committed to local authority accommodation under section 23 of the 1969 Act ”; and

(b) for the words “section 80(1)(c) to (e)” there shall be substituted the words “ section 80(1)(c) or (e) or (1A) ”.

(7) After that subsection there shall be inserted the following subsection—

“(4) In sections 80, 82 and 83 above, “prison”—

(a) 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 M5 Prisons (Scotland) Act 1989; and

(b) so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.”.

Annotations:

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Extent Information

E1 S. 93 extends to England and Wales and the British Islands see s. 172(7)(11)

Marginal Citations

M1 1991 c. 53.

M2 1983 c. 20.

M3 1964 c. 84.

M4 1968 c. 19.

M5 1989 c. 45.