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Criminal Justice Act 1961

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MiscellaneousE+W

20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W

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Amendments (Textual)

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W

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Amendments (Textual)

22 Penalties for assisting escape from prison, etc.E+W

F3(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)If any person knowingly harbours a person who has escaped from a prison or other institution to which the said section thirty-nine applies, or who, having been sentenced in any part of the United Kingdom or in any of the Channel Islands or the Isle of Man to imprisonment or detention, is otherwise unlawfully at large, or gives to any such person any assistance with intent to prevent, hinder or interfere with his being taken into custody, he shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding one hundred pounds, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding [F4ten years], or to a fine, or to both.

(3)In the following enactments (which make provision for the application of sections thirty-nine to forty-two of the M1Prison Act 1952) that is to say, subsection (3) of section one hundred and twenty-two of the M2Army Act 1955, subsection (3) of section one hundred and twenty-two of the M3Air Force Act 1955 and subsection (3) of section eighty-two of the M4Naval Discipline Act 1957, references to the said section thirty-nine shall be construed as including references to subsection (2) of this section.

(4) . . . F5

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Amendments (Textual)

F4Words in s. 22(2)(b) substituted (16.5.1992) by Prison Security Act 1992 (c. 25), ss. 2(2)(4), 3(2).

Marginal Citations

23 Prison Rules.E+W

(1)For the purposes of rules under section forty-seven of the M5Prison Act 1952 (which authorises the making of rules for the regulation and management of prisons and the discipline and control of persons required to be detained therein) any offence against the rules committed by a prisoner may be treated as committed in the prison in which he is for the time being confined.

(2)Without prejudice to any power to make provision by rules under the said section forty-seven for the confiscation of money or articles conveyed or deposited in contravention of the said Act or of the rules, provision may be made by such rules for the withholding from prisoners (subject to such exceptions as may be prescribed by the rules) of any money or other article sent to them [F6by post], and for the disposal of any such money or article either by returning it to the sender (where the sender’s name and address are known) or in such other manner as may be prescribed by or determined under the rules:

Provided that in relation to a prisoner committed to prison in default of payment of any sum of money, the rules shall provide for the application of any money withheld as aforesaid in or towards the satisfaction of the amount due from him unless, upon being informed of the receipt of the money, he objects to its being so applied.

(3)A prisoner who would, apart from this subsection, be discharged on any of the days to which this subsection applies in his case shall be discharged on the next preceding day which is not one of those days.

The days to which this subsection applies are Sunday, Christmas Day, Good Friday and any day which under the M6Bank Holidays Act 1871 is a bank holiday in England and Wales and, in the case of a person who is serving a term of more than [F7five days] , any Saturday.

(4)In this section the references to prisons and prisoners include references respectively to [F8youth custody centres] , detention centres and [F9secure training centres]remand centres and to persons detained therein.

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Amendments (Textual)

F6Words in s. 23(2) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 17

F9Words in s. 23(4) inserted (3.2.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 11; S.I. 1995/127, art. 2(1), Sch. Appendix B

Modifications etc. (not altering text)

Marginal Citations

24 Management of prisons, etc.E+W

(1)Subject to the provisions of this section, Her Majesty may by Order in Council make provision for transferring to the Secretary of State any or all of the functions of the Prison Commissioners (in this section referred to as “the Commissioners”).

(2)An Order in Council under this section may contain such incidental, consequential and supplemental provisions as may be necessary or expedient in connection with the transfer effected by that or any previous Order thereunder, including provisions—

(a)for the transfer of any property, rights or liabilities to which the Commissioners are entitled or subject, and for the vesting in the person from time to time holding office as Secretary of State of land or other property transferred by any such Order, or acquired under powers so transferred;

(b)for the carrying on and completion by or under the authority of the Secretary of State of anything begun by or under the authority of the Commissioners before the date of transfer;

(c)for the substitution of the Secretary of State for the Commissioners in any instrument, contract or legal proceeding made or begun before that date;

(d)for the transfer to the Home Department of Commissioners and inspectors, officers or servants of the Commissioners and (in the case of the transfer of the powers and jurisdiction of the Commissioners in respect of all institutions within their superintendence) for the dissolution of the Commissioners.

(3)An Order in Council under this section may make such adaptations or repeals in the enactments relating to the Commissioners, or to institutions within their superintendence, as may be necessary or expedient in consequence of the Order or any previous Order thereunder, and shall in particular make provision for securing that any report which, apart from any such Order, would be required by subsection (1) of section five of the M7Prison Act 1952 to be made to the Secretary of State by the Commissioners shall be issued by the Secretary of State and laid before Parliament under that section accordingly.

(4)A certificate of the Secretary of State that any property vested in the Commissioners has been transferred to the Secretary of State by virtue of an Order in Council under this section shall be conclusive evidence of the transfer.

(5)No recommendation shall be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and has been approved by resolution of each House of Parliament.

(6)In this section “functions” includes powers and duties, and “the date of transfer” means the date on which an Order in Council under this section transferring functions of the Commissioners comes into force.

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Marginal Citations

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W

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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)

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