(1)The Secretary of State may make rules for the regulation and management of prisons, remand centres [F2, young offender institutions [F3, secure training centres or secure colleges]], and for the classification, treatment, employment, discipline and control of persons required to be detained therein.
(2)Rules made under this section shall make provision for ensuring that a person who is charged with any offence under the rules shall be given a proper opportunity of presenting his case.
(3)Rules made under this section may provide for the training of particular classes of persons and their allocation for that purpose to any prison or other institution in which they may lawfully be detained.
[F4(3A)Rules made under this section may specify any substance or product F5... in relation to which a person may be required to provide a sample for the purposes of section 16A of this Act [F6; but a substance or product may not be specified if it is—
(a)a controlled drug,
(b)a pharmacy medicine,
(c)a prescription only medicine, or
(d)a psychoactive substance
within the meaning of section 16A].]
(4)Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say—
(a)—(c) . . . F7
(d)any . . . F8 person detained in a prison, not being a person serving a sentence or a person imprisoned in default of payment of a sum adjudged to be paid by him on his conviction [F9or a person committed to custody on his conviction].
[F10(4A)Rules made under this section shall provide for [F11—
(a)the inspection of secure training centres and secure colleges, and
(b)the appointment of independent persons to [F12visit them] and to whom representations may be made by offenders [F13detained there] .]]
(5)Rules made under this section may provide for the temporary release of persons [F14detained in a prison, remand centre [F15, young offender institution [F16, secure training centre or secure college]] not being persons committed in custody for trial [F17before the Crown Court]or committed to be sentenced or otherwise dealt with by [F17the Crown Court]or remanded in custody by any court.]
Textual Amendments
F1S. 47 heading substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(6); S.I. 2015/778, art. 2(1)(c)
F2Words in s. 47(1) substituted (3.11.1994) by 1994 c. 33, ss. 6(2), 172(4)
F3Words in s. 47(1) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(2); S.I. 2015/778, art. 2(1)(c)
F4S. 47(3A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 16(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 12
F5Words in s. 47(3A) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(1)(a), 3(2); S.I. 2021/1280, reg. 2
F6Words in s. 47(3A) inserted (8.12.2021) by Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(1)(b), 3(2); S.I. 2021/1280, reg. 2
F7S. 47(4)(a)–(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F8Word repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
F9Words added by Criminal Justice Act 1967 (c. 80), s. 66(5)
F10S. 47(4A) inserted (3.11.1994) by 1994 c. 33, ss. 6(3), 172(4)
F11Words in s. 47(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(4)(a); S.I. 2015/778, art. 2(1)(c)
F12Words in s. 47(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(4)(b); S.I. 2015/778, art. 2(1)(c)
F13Words in s. 47(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(4)(c); S.I. 2015/778, art. 2(1)(c)
F14Word substituted by Criminal Justice Act 1961 (c. 39), Sch. 4
F15Words in s. 47(5) substituted (3.11.1994) by 1994 c. 33, ss. 6(4), 172(4)
F16Words in s. 47(5) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(5); S.I. 2015/778, art. 2(1)(c)
F17Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 33
Modifications etc. (not altering text)
C1S. 47 amended by Criminal Justice Act 1961 (c. 39), s. 23(2) and Courts–Martial (Appeals) Act 1968 (c. 20), s. 52
C2S. 47 extended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 13(5), Sch. 17 para. 9
C3S. 47 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 14, 16
C5S. 47: transfer of functions (1.4.2009) by The Welsh Ministers (Transfer of Functions) Order 2009 (S.I. 2009/703), arts. 1(2), 2, 3
C6S. 47 extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 329(6), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2