Part 2

Prisons

Contracted out prisons and secure training centres

Powers of authorised persons to perform custodial duties and search prisoners
18
1
The Criminal Justice Act 1991 (c. 53) is amended as follows.
2
After section 86A (as inserted by section 17 above) there is inserted—

Powers of authorised persons to perform custodial duties
86B
1
In this section—
- “restricted activity” means an activity which is (apart from this section) required by section 85(1) to be carried out by an officer of a contracted-out prison who is—
  1. a prisoner custody officer authorised to perform custodial duties; or
  2. a prison officer temporarily attached to the prison; and
- “worker”, in relation to a contracted out prison, means a person who works at the prison, other than an officer mentioned above.
2
The Secretary of State may by order specify descriptions of restricted activity that may be the subject of authorisations under subsection (3) given to workers at a contracted-out prison.
3
A worker at a contracted-out prison may carry out any activity of a description specified under subsection (2), but only if and to the extent that he is for the time being authorised to do so by the director of the prison.
4
The director may give such authorisation—
a
in general or specific terms, subject to any limitations or conditions he considers appropriate; and
b
to one or more particular workers or to any worker who is (or comes to be) within a specified description of workers at the prison.
5
Nothing in an order or authorisation under this section is to be taken as authorising the use of force.
6
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
3
In section 85(1) (officers of contracted out prisons), after “shall”, in the words following paragraph (b), there is inserted “(subject to section 86B)”.