The Criminal Justice and Public Order Act 1994 (Suspension of Custody Officer Certificate) Regulations 1998

Statutory Instruments

1998 No. 474

SECURE TRAINING CENTRES, ENGLAND AND WALES

The Criminal Justice and Public Order Act 1994 (Suspension of Custody Officer Certificate) Regulations 1998

Made

27th February 1998

Laid before Parliament

6th March 1998

Coming into force

16th April 1998

The Secretary of State, in pursuance of paragraph 3 of Schedule 2 to the Criminal Justice and Public Order Act 1994(1), hereby makes the following Regulations:

1.—(1) These Regulations may be cited as the Criminal Justice and Public Order Act 1994 (Suspension of Custody Officer Certificate) Regulations 1998 and shall come into force on 16th April 1998.

(2) In these Regulations, “the 1994 Act” means the Criminal Justice and Public Order Act 1994.

2.  The prescribed circumstances for the purposes of paragraph 3 of Schedule 2 to the 1994 Act (suspension of custody officer certificate) are—

(a) where—

(i) an allegation has been made against a custody officer (“the officer”) acting in pursuance of escort arrangements (within the meaning of Schedule 1 to the 1994 Act), performing custodial duties at a contracted out secure training centre or performing contracted out functions at a directly managed secure training centre;

(ii) the officer has been charged with a criminal offence or disciplinary action is being taken against him by his employer; or

(iii) it appears to the escort monitor or, as the case may be, person in charge of the secure training centre that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his duties; and

(b) where the escort monitor or, as the case may be, person in charge of the secure training centre considers that the suspension of the certificate would be conducive to the performance of the functions set out in paragraph 1 of Schedule 1 to the 1994 Act (arrangements for the escort of offenders detained at secure training centres) or, as the case may be, the maintenance of order or discipline in the secure training centre.

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

27th February 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the circumstances in which the escort monitor or person in charge of a secure training centre may suspend a custody officer’s certificate insofar as it authorises the performance of escort functions or custodial duties pending a decision of the Secretary of State under paragraph 4 of Schedule 2 to the Criminal Justice and Public Order Act 1994 (revocation of custody officer certificate).

(1)

1994 c. 33.