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—
- a
a custodial sentence passed in respect of a service offence;
- b
a sentence of service detention; or
- c
an order under section 214 (detention for commission of offence during currency of order);
- a
“service custody premises” means premises under the control of the Secretary of State for the keeping of persons in service custody.