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Prison Act 1952

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Prison Act 1952, Section 47 is up to date with all changes known to be in force on or before 03 July 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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47 [F1 Rules for the management of prisons and places for the detention of young offenders] E+W

(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 (which is not a controlled drug for the purposes of the Misuse of Drugs Act 1971) in relation to which a person may be required to provide a sample for the purposes of section 16A of this Act.]

(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) . . . F5

(d)any . . . F6 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 [F7or a person committed to custody on his conviction].

[F8(4A)Rules made under this section shall provide for [F9

(a)the inspection of secure training centres and secure colleges, and

(b)the appointment of independent persons to [F10visit them] and to whom representations may be made by offenders [F11detained there] .]]

(5)Rules made under this section may provide for the temporary release of persons [F12detained in a prison, remand centre [F13, young offender institution [F14, secure training centre or secure college]] not being persons committed in custody for trial [F15before the Crown Court]or committed to be sentenced or otherwise dealt with by [F15the Crown Court]or remanded in custody by any court.]

Textual Amendments

F2Words in s. 47(1) substituted (3.11.1994) by 1994 c. 33, ss. 6(2), 172(4)

F5S. 47(4)(a)–(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F8S. 47(4A) inserted (3.11.1994) by 1994 c. 33, ss. 6(3), 172(4)

F13Words in s. 47(5) substituted (3.11.1994) by 1994 c. 33, ss. 6(4), 172(4)

Modifications etc. (not altering text)

C4S. 47 extended (25.8.2000) by 2000 c. 6, ss. 99(4), 168(1)

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