First Group of PartsDiscipline

Part 12Service and Effect of Certain Sentences

Service of sentence

300Service custody etc rules

1

The Secretary of State may make rules about service custody and the service of relevant sentences.

2

The rules may in particular contain provision about—

a

the provision, classification, regulation and management of service custody premises;

b

the appointment, powers and duties of inspectors and visitors of service custody premises and of persons who work at such premises;

c

the classification, treatment, employment, discipline and control of persons in service custody;

d

the places in which persons may be required to serve sentences of service detention;

e

the removal of persons serving relevant sentences from one place or type of custody to another;

f

the committal of persons under relevant sentences to the appropriate establishment;

g

the circumstances in which persons serving relevant sentences who are unlawfully at large are to be treated as not being unlawfully at large;

h

the release (including the temporary or early release) of persons serving sentences of service detention.

3

The rules may confer on any person—

a

a power to use reasonable force where necessary for the purpose of carrying out a search of service custody premises or of a person in service custody;

b

a power to seize and detain unauthorised property (as defined by the rules).

4

The rules may contain provision in respect of the award of additional days to a person guilty of a disciplinary offence created by the rules.

5

The rules may provide for the determination of any matter by a judge advocate, and may contain provision for and in connection with appeals against such determinations.

6

The rules may apply (with or without modifications), in relation to service custody premises and persons detained there, any of—

a

sections 39 to 42 of the Prison Act 1952 (c. 52) (offences by persons other than prisoners etc);

b

section 22(2) of the Criminal Justice Act 1961 (c. 39) (harbouring escaped prisoners etc).

7

In this section—

  • “relevant sentence” means—

    1. a

      a custodial sentence passed in respect of a service offence;

    2. b

      a sentence of service detention; or

    3. c

      an order under section 214 (detention for commission of offence during currency of order);

  • “service custody premises” means premises under the control of the Secretary of State for the keeping of persons in service custody.