A prisoner, whether sentenced to imprisonment or committed to prison on remand or pending trial or otherwise, may be lawfully confined in any prison.

Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct; and may by direction of the Secretary of State be removed during the term of their imprisonment from the prison in which they are confined to any other prison.

A writ, warrant or other legal instrument addressed to the governor of a prison and identifying that prison by its situation or by any other sufficient description shall not be invalidated by reason only that the prison is usually known by a different description.

Every prisoner shall be deemed to be in the legal custody of the governor of the prison.

A prisoner shall be deemed to be in legal custody while he is confined in, or is being taken to or from, any prison and while he is working, or is for any other reason, outside the prison in the custody or under the control of an officer of the prison F1and while he is being taken to any place to which he is required or authorised by or under this Act F2or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000F19or section 271, 276 or 329 of the Sentencing Code to be taken, or is kept in custody in pursuance of any such requirement or authorisation.

The Secretary of State shall satisfy himself from time to time that in every prison sufficient accommodation is provided for all prisoners.

No cell shall be used for the confinement of a prisoner unless it is certified by an inspector that its size, lighting, heating, ventilation and fittings are adequate for health and that it allows the prisoner to communicate at any time with a prison officer.

A certificate given under this section in respect of any cell may limit the period for which a prisoner may be separately confined in the cell and the number of hours a day during which a prisoner may be employed therein.

The certificate shall identify the cell to which it relates by a number or mark and the cell shall be marked by that number or mark placed in a conspicuous position; and if the number or mark is changed without the consent of an inspector the certificate shall cease to have effect.

An inspector may withdraw a certificate given under this section in respect of any cell if in his opinion the conditions of the cell are no longer as stated in the certificate.

In every prison special cells shall be provided for the temporary confinement of refractory or violent prisoners.

If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine.

In this section—

• “authorisation” means an authorisation by the governor;

• F23“controlled drug” means any drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971 F24...;

• “intimate sample” has the same meaning as in Part V of the M2Police and Criminal Evidence Act 1984;

• F25“medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012;

• “pharmacy medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;

• “prescription only medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;

• “prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991;F17...

• “prison rules” means rules under section 47 of this Act;

• F26“prisoners' samples” means any sample—

  1. a

     provided under subsection (1) or (2), or

  2. b

     provided by prisoners voluntarily;

• “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016;

• F18F27“specified substance” means any substance or product specified in prison rules for the purposes of this section.

In subsection (4) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of breath for the purpose of ascertaining whether he has alcohol in his body.

In this section—

• “authorisation” means an authorisation by the governor;

• “intimate sample” has the same meaning as in Part V of the M3Police and Criminal Evidence Act 1984;

• “prison officer” includes a prisoner custody officer within the meaning of Part IV of the M4Criminal Justice Act 1991;

• “prison rules” means rules under section 47 of this Act.

A justice of the peace for F13assigned to any local justice area . . . F6 may at any time visit any prison in that F5area . . . F6 and any prison in which a prisoner is confined in respect of an offence committed in that F5area . . . F6 and may examine the condition of the prison and of the prisoners and enter in the visitors’ book, to be kept by the governor of the prison, any observations on the condition of the prison or any abuses.

Nothing in the preceding subsection shall authorise a justice of the peace to communicate with any prisoner except on the subject of his treatment in the prison, F14....

The governor of every prison shall bring any entry in the visitors’ book to the attention of the F16independent monitoring board at their next visit.

Rules made under section forty–seven of this Act may provide in what manner an appellant within the meaning of F8Part I of the M5Criminal Appeal Act 1968when in custody, is to be taken to, kept in custody at, and brought back from, any place at which he is entitled to be present for the purposes of that Act, or any place to which the Court of Criminal Appeal or any judge thereof may order him to be taken for the purpose of any proceedings of that court.