Criminal Justice and Public Order Act 1994

• (a) a highway unless it is a footpath, bridleway or byway open to all traffic within the meaning of Part 3 of the Wildlife and Countryside Act 1981, is a restricted byway within the meaning of Part 2 of the Countryside and Rights of Way Act 2000 or is a cycle track under the Highways Act 1980 or the Cycle Tracks Act 1984;

• (aa) a road within the meaning of the Roads (Scotland) Act 1984 unless it falls within the definitions in section 151(2)(a)(ii) or (b) (footpaths and cycle tracks) of that Act or is a bridleway within the meaning of section 47 of the Countryside (Scotland) Act 1967; or

• (b) a road within the meaning of the Roads (Northern Ireland) Order 1993.

Powers to remove persons committing or participating in aggravated trespass.

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• (1) If the senior police officer present at the scene reasonably believes—

• (a) that a person is committing, has committed or intends to commit the offence of aggravated trespass on land in the open air; or

• (b) that two or more persons are trespassing on land in the open air and are present there with the common purpose of intimidating persons so as to deter them from engaging in a lawful activity or of obstructing or disrupting a lawful activity,

he may direct that person or (as the case may be) those persons (or any of them) to leave the land.

• (2) A direction under subsection (1) above, if not communicated to the persons referred to in subsection (1) by the police officer giving the direction, may be communicated to them by any constable at the scene.

• (3) If a person knowing that a direction under subsection (1) above has been given which applies to him—

• (a) fails to leave the land as soon as practicable, or

• (b) having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,

he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.

• (4) In proceedings for an offence under subsection (3) it is a defence for the accused to show—

• (a) that he was not trespassing on the land, or

• (b) that he had a reasonable excuse for failing to leave the land as soon as practicable or, as the case may be, for again entering the land as a trespasser.

• (5) A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without a warrant.

• (6) In this section “lawful activity” and “land” have the same meaning as in section 68.

Trespassory assemblies

Trespassory assemblies.

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In Part II of the Public Order Act 1986 (processions and assemblies), after section 14, there shall be inserted the following sections—

(14A) (1) If at any time the chief officer of police reasonably believes that an assembly is intended to be held in any district at a place on land to which the public has no right of access or only a limited right of access and that the assembly— (a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and (b) may result— (i) in serious disruption to the life of the community, or (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument, he may apply to the council of the district for an order prohibiting for a specified period the holding of all trespassory assemblies in the district or a part of it, as specified. (2) On receiving such an application, a council may— (a) in England and Wales, with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State; or (b) in Scotland, make an order in the terms of the application. (3) Subsection (1) does not apply in the City of London or the metropolitan police district. (4) If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that an assembly is intended to be held at a place on land to which the public has no right of access or only a limited right of access in his police area and that the assembly— (a) is likely to be held without the permission of the occupier of the land or to conduct itself in such a way as to exceed the limits of any permission of his or the limits of the public’s right of access, and (b) may result— (i) in serious disruption to the life of the community, or (ii) where the land, or a building or monument on it, is of historical, architectural, archaeological or scientific importance, in significant damage to the land, building or monument, he may with the consent of the Secretary of State make an order prohibiting for a specified period the holding of all trespassory assemblies in the area or a part of it, as specified. (5) An order prohibiting the holding of trespassory assemblies operates to prohibit any assembly which— (a) is held on land to which the public has no right of access or only a limited right of access, and (b) takes place in the prohibited circumstances, that is to say, without the permission of the occupier of the land or so as to exceed the limits of any permission of his or the limits of the public’s right of access. (6) No order under this section shall prohibit the holding of assemblies for a period exceeding 4 days or in an area exceeding an area represented by a circle with a radius of 5 miles from a specified centre. (7) An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsection (1) and (2) or subsection (4), as the case may be. (8) Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made. (9) In this section and sections 14B and 14C— - “assembly” means an assembly of 20 or more persons; - “land” means land in the open air; - “limited”, in relation to a right of access by the public to land, means that their use of it is restricted to use for a particular purpose (as in the case of a highway or road) or is subject to other restrictions; - “occupier” means— 1. in England and Wales, the person entitled to possession of the land by virtue of an estate or interest held by him; or 2. in Scotland, the person lawfully entitled to natural possession of the land, - “public” includes a section of the public; and - “specified” means specified in an order under this section. (10) In relation to Scotland, the references in subsection (1) above to a district and to the council of the district shall be construed— (a) as respects applications before 1st April 1996, as references to the area of a regional or islands authority and to the authority in question; and (b) as respects applications on and after that date, as references to a local government area and to the council for that area. (11) In relation to Wales, the references in subsection (1) above to a district and to the council of the district shall be construed, as respects applications on and after 1st April 1996, as references to a county or county borough and to the council for that county or county borough. (14B) (1) A person who organises an assembly the holding of which he knows is prohibited by an order under section 14A is guilty of an offence. (2) A person who takes part in an assembly which he knows is prohibited by an order under section 14A is guilty of an offence. (3) In England and Wales, a person who incites another to commit an offence under subsection (2) is guilty of an offence. (4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section. (5) A person guilty of an offence under subsection (1) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both. (6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (7) A person guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the Magistrates’ Courts Act 1980. (8) Subsection (3) above is without prejudice to the application of any principle of Scots Law as respects art and part guilt to such incitement as is mentioned in that subsection.

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Trespassory assemblies: power to stop persons from proceeding.

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After the section 14B inserted by section 70 in the Public Order Act 1986 there shall be inserted the following section—

(14C) (1) If a constable in uniform reasonably believes that a person is on his way to an assembly within the area to which an order under section 14A applies which the constable reasonably believes is likely to be an assembly which is prohibited by that order, he may, subject to subsection (2) below— (a) stop that person, and (b) direct him not to proceed in the direction of the assembly. (2) The power conferred by subsection (1) may only be exercised within the area to which the order applies. (3) A person who fails to comply with a direction under subsection (1) which he knows has been given to him is guilty of an offence. (4) A constable in uniform may arrest without a warrant anyone he reasonably suspects to be committing an offence under this section. (5) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

.

Squatters

Violent entry to premises: special position of displaced residential occupiers and intending occupiers.

72

• (1) Section 6 of the Criminal Law Act 1977 (which penalises violence by a person for securing entry into premises where a person on the premises is opposed and is known to be opposed to entry) shall be amended as follows.

• (2) After subsection (1), there shall be inserted the following subsection—

(1A) Subsection (1) above does not apply to a person who is a displaced residential occupier or a protected intending occupier of the premises in question or who is acting on behalf of such an occupier; and if the accused adduces sufficient evidence that he was, or was acting on behalf of, such an occupier he shall be presumed to be, or to be acting on behalf of, such an occupier unless the contrary is proved by the prosecution.

.

• (3) In subsection (2), at the beginning, there shall be inserted the words “ Subject to subsection (1A) above, ”.

• (4) Subsection (3) (which is superseded by the provision made by subsection (2) above) shall be omitted.

• (5) In subsection (7), at the end, there shall be inserted the words “ and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises. ”.

Adverse occupation of residential premises.

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For section 7 of the Criminal Law Act 1977 (trespassers failing to leave premises after being requested to do so by specified persons to be guilty of an offence) there shall be substituted the following section—

(7) (1) Subject to the following provisions of this section and to section 12A(9) below, any person who is on any premises as a trespasser after having entered as such is guilty of an offence if he fails to leave those premises on being required to do so by or on behalf of— (a) a displaced residential occupier of the premises; or (b) an individual who is a protected intending occupier of the premises. (2) In any proceedings for an offence under this section it shall be a defence for the accused to prove that he believed that the person requiring him to leave the premises was not a displaced residential occupier or protected intending occupier of the premises or a person acting on behalf of a displaced residential occupier or protected intending occupier. (3) In any proceedings for an offence under this section it shall be a defence for the accused to prove— (a) that the premises in question are or form part of premises used mainly for non-residential purposes; and (b) that he was not on any part of the premises used wholly or mainly for residential purposes. (4) Any reference in the preceding provisions of this section to any premises includes a reference to any access to them, whether or not any such access itself constitutes premises, within the meaning of this Part of this Act. (5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. (6) A constable in uniform may arrest without warrant anyone who is, or whom he, with reasonable cause, suspects to be, guilty of an offence under this section. (7) Section 12 below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a displaced residential occupier of any premises or of any access to any premises and section 12A below contains provisions which apply for determining when any person is to be regarded for the purposes of this Part of this Act as a protected intending occupier of any premises or of any access to any premises.

.

Protected intending occupiers: supplementary provisions.

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After section 12 of the Criminal Law Act 1977 there shall be inserted the following section—

(12A) (1) For the purposes of this Part of this Act an individual is a protected intending occupier of any premises at any time if at that time he falls within subsection (2), (4) or (6) below. (2) An individual is a protected intending occupier of any premises if— (a) he has in those premises a freehold interest or a leasehold interest with not less than two years still to run; (b) he requires the premises for his own occupation as a residence; (c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and (d) he or a person acting on his behalf holds a written statement— (i) which specifies his interest in the premises; (ii) which states that he requires the premises for occupation as a residence for himself; and (iii) with respect to which the requirements in subsection (3) below are fulfilled. (3) The requirements referred to in subsection (2)(d)(iii) above are— (a) that the statement is signed by the person whose interest is specified in it in the presence of a justice of the peace or commissioner for oaths; and (b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signature. (4) An individual is also a protected intending occupier of any premises if— (a) he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) above or (6)(a) below) or a licence to occupy those premises granted by a person with a freehold interest or a leasehold interest with not less than two years still to run in the premises; (b) he requires the premises for his own occupation as a residence; (c) he is excluded from occupation of the premises by a person who entered them, or any access to them, as a trespasser; and (d) he or a person acting on his behalf holds a written statement— (i) which states that he has been granted a tenancy of those premises or a licence to occupy those premises; (ii) which specifies the interest in the premises of the person who granted that tenancy or licence to occupy (“the landlord”); (iii) which states that he requires the premises for occupation as a residence for himself; and (iv) with respect to which the requirements in subsection (5) below are fulfilled. (5) The requirements referred to in subsection (4)(d)(iv) above are— (a) that the statement is signed by the landlord and by the tenant or licensee in the presence of a justice of the peace or commissioner for oaths; (b) that the justice of the peace or commissioner for oaths has subscribed his name as a witness to the signatures. (6) An individual is also a protected intending occupier of any premises if— (a) he has a tenancy of those premises (other than a tenancy falling within subsection (2)(a) or (4)(a) above) or a licence to occupy those premises granted by an authority to which this subsection applies; (b) he requires the premises for his own occupation as a residence; (c) he is excluded from occupation of the premises by a person who entered the premises, or any access to them, as a trespasser; and (d) there has been issued to him by or on behalf of the authority referred to in paragraph (a) above a certificate stating that— (i) he has been granted a tenancy of those premises or a licence to occupy those premises as a residence by the authority; and (ii) the authority which granted that tenancy or licence to occupy is one to which this subsection applies, being of a description specified in the certificate. (7) Subsection (6) above applies to the following authorities— (a) any body mentioned in section 14 of the Rent Act 1977 (landlord’s interest belonging to local authority etc.); (b) the Housing Corporation; (c) Housing for Wales; and (d) a registered housing association within the meaning of the Housing Associations Act 1985. (8) A person is guilty of an offence if he makes a statement for the purposes of subsection (2)(d) or (4)(d) above which he knows to be false in a material particular or if he recklessly makes such a statement which is false in a material particular. (9) In any proceedings for an offence under section 7 of this Act where the accused was requested to leave the premises by a person claiming to be or to act on behalf of a protected intending occupier of the premises— (a) it shall be a defence for the accused to prove that, although asked to do so by the accused at the time the accused was requested to leave, that person failed at that time to produce to the accused such a statement as is referred to in subsection (2)(d) or (4)(d) above or such a certificate as is referred to in subsection (6)(d) above; and (b) any document purporting to be a certificate under subsection (6)(d) above shall be received in evidence and, unless the contrary is proved, shall be deemed to have been issued by or on behalf of the authority stated in the certificate. (10) A person guilty of an offence under subsection (8) above shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. (11) A person who is a protected intending occupier of any premises shall be regarded for the purposes of this Part of this Act as a protected intending occupier also of any access to those premises.

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Interim possession orders: false or misleading statements.

75

• (1) A person commits an offence if, for the purpose of obtaining an interim possession order, he—

• (a) makes a statement which he knows to be false or misleading in a material particular; or

• (b) recklessly makes a statement which is false or misleading in a material particular.

• (2) A person commits an offence if, for the purpose of resisting the making of an interim possession order, he—

• (a) makes a statement which he knows to be false or misleading in a material particular; or

• (b) recklessly makes a statement which is false or misleading in a material particular.

• (3) A person guilty of an offence under this section shall be liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

• (4) In this section—

• “interim possession order” means an interim possession order (so entitled) made under rules of court for the bringing of summary proceedings for possession of premises which are occupied by trespassers;

• “premises” has the same meaning as in Part II of the Criminal Law Act 1977 (offences relating to entering and remaining on property); and

• “statement”, in relation to an interim possession order, means any statement, in writing or oral and whether as to fact or belief, made in or for the purposes of the proceedings.

Interim possession orders: trespassing during currency of order.

76

• (1) This section applies where an interim possession order has been made in respect of any premises and served in accordance with rules of court; and references to “the order” and “the premises” shall be construed accordingly.

• (2) Subject to subsection (3), a person who is present on the premises as a trespasser at any time during the currency of the order commits an offence.

• (3) No offence under subsection (2) is committed by a person if—

• (a) he leaves the premises within 24 hours of the time of service of the order and does not return; or

• (b) a copy of the order was not fixed to the premises in accordance with rules of court.

• (4) A person who was in occupation of the premises at the time of service of the order but leaves them commits an offence if he re-enters the premises as a trespasser or attempts to do so after the expiry of the order but within the period of one year beginning with the day on which it was served.

• (5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

• (6) A person who is in occupation of the premises at the time of service of the order shall be treated for the purposes of this section as being present as a trespasser.

• (7) A constable in uniform may arrest without a warrant anyone who is, or whom he reasonably suspects to be, guilty of an offence under this section.

• (8) In this section—

• “interim possession order” has the same meaning as in section 75 above and “rules of court” is to be construed accordingly; and

• “premises” has the same meaning as in that section, that is to say, the same meaning as in PartII of the Criminal Law Act 1977 (offences relating to entering and remaining on property).

Powers to remove unauthorised campers

Power of local authority to direct unauthorised campers to leave land.

77

• (1) If it appears to a local authority that persons are for the time being residing in a vehicle or vehicles within that authority’s area—

• (a) on any land forming part of a highway;

• (b) on any other unoccupied land; or

• (c) on any occupied land without the consent of the occupier,

the authority may give a direction that those persons and any others with them are to leave the land and remove the vehicle or vehicles and any other property they have with them on the land.

• (2) Notice of a direction under subsection (1) must be served on the persons to whom the direction applies, but it shall be sufficient for this purpose for the direction to specify the land and (except where the direction applies to only one person) to be addressed to all occupants of the vehicles on the land, without naming them.

• (3) If a person knowing that a direction under subsection (1) above has been given which applies to him—

• (a) fails, as soon as practicable, to leave the land or remove from the land any vehicle or other property which is the subject of the direction, or

• (b) having removed any such vehicle or property again enters the land with a vehicle within the period of three months beginning with the day on which the direction was given,

he commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) A direction under subsection (1) operates to require persons who re-enter the land within the said period with vehicles or other property to leave and remove the vehicles or other property as it operates in relation to the persons and vehicles or other property on the land when the direction was given.

• (5) In proceedings for an offence under this section it is a defence for the accused to show that his failure to leave or to remove the vehicle or other property as soon as practicable or his re-entry with a vehicle was due to illness, mechanical breakdown or other immediate emergency.

• (6) In this section—

• “land” means land in the open air;

• “local authority” means—in Greater London, a London borough or the Common Council of the City of London;in England outside Greater London, a county council, a district council or the Council of the Isles of Scilly;in Wales, a county council or a county borough council;

• “occupier”rson entitled to possession of the land by virtue of an estate or interest held by him;

• “vehicle” includes—any vehicle, whether or not it is in a fit state for use on roads, and includes any body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, such a vehicle; anda caravan as defined in section 29(1) of the Caravan Sites and Control of Development Act 1960;

and a person may be regarded for the purposes of this section as residing on any land notwithstanding that he has a home elsewhere.

• (7) Until 1st April 1996, in this section “local authority” means, in Wales, a county council or a district council.

Orders for removal of persons and their vehicles unlawfully on land.

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• (1) A magistrates’ court may, on a complaint made by a local authority, if satisfied that persons and vehicles in which they are residing are present on land within that authority’s area in contravention of a direction given under section 77, make an order requiring the removal of any vehicle or other property which is so present on the land and any person residing in it.

• (2) An order under this section may authorise the local authority to take such steps as are reasonably necessary to ensure that the order is complied with and, in particular, may authorise the authority, by its officers and servants—

• (a) to enter upon the land specified in the order; and

• (b) to take, in relation to any vehicle or property to be removed in pursuance of the order, such steps for securing entry and rendering it suitable for removal as may be so specified.

• (3) The local authority shall not enter upon any occupied land unless they have given to the owner and occupier at least 24 hours notice of their intention to do so, or unless after reasonable inquiries they are unable to ascertain their names and addresses.

• (4) A person who wilfully obstructs any person in the exercise of any power conferred on him by an order under this section commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) Where a complaint is made under this section, a summons issued by the court requiring the person or persons to whom it is directed to appear before the court to answer to the complaint may be directed—

• (a) to the occupant of a particular vehicle on the land in question; or

• (b) to all occupants of vehicles on the land in question, without naming him or them.

• (6) Section 55(2) of the Magistrates’ Courts Act 1980 (warrant for arrest of defendant failing to appear) does not apply to proceedings on a complaint made under this section.

• (7) Section 77(6) of this Act applies also for the interpretation of this section.

Provisions as to directions under s. 77 and orders under s. 78.

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• (1) The following provisions apply in relation to the service of notice of a direction under section 77 and of a summons under section 78, referred to in those provisions as a “ relevant document ”.

• (2) Where it is impracticable to serve a relevant document on a person named in it, the document shall be treated as duly served on him if a copy of it is fixed in a prominent place to the vehicle concerned; and where a relevant document is directed to the unnamed occupants of vehicles, it shall be treated as duly served on those occupants if a copy of it is fixed in a prominent place to every vehicle on the land in question at the time when service is thus effected.

• (3) A local authority shall take such steps as may be reasonably practicable to secure that a copy of any relevant document is displayed on the land in question (otherwise than by being fixed to a vehicle) in a manner designed to ensure that it is likely to be seen by any person camping on the land.

• (4) Notice of any relevant document shall be given by the local authority to the owner of the land in question and to any occupier of that land unless, after reasonable inquiries, the authority is unable to ascertain the name and address of the owner or occupier; and the owner of any such land and any occupier of such land shall be entitled to appear and to be heard in the proceedings.

• (5) Section 77(6) applies also for the interpretation of this section.

Repeal of certain provisions relating to gipsy sites.

80

• (1) Part II of the Caravan Sites Act 1968 (duty of local authorities to provide sites for gipsies and control of unauthorised encampments) together with the definition in section 16 of that Act of “gipsies” is hereby repealed.

• (2) In section 24 of the Caravan Sites and Control of Development Act 1960 (power to provide sites for caravans)—

• (a) in subsection (2), after paragraph (b) there shall be inserted the following—

, or (c) to provide, in or in connection with sites for the accommodation of gipsies, working space and facilities for the carrying on of such activities as are normally carried on by them,

; and

• (b) in subsection (8), at the end, there shall be inserted the words “ and “gipsies” means persons of nomadic habit of life, whatever their race or origin, but does not include members of an organised group of travelling showmen, or persons engaged in travelling circuses, travelling together as such. ”.

• (3) The repeal by subsection (1) above of section 8 of the said Act of 1968 shall not affect the validity of directions given under subsection (3)(a) of that section; and in the case of directions under subsection (3)(c), the council may elect either to withdraw the application or request the Secretary of State to determine the application and if they so request the application shall be treated as referred to him under section 77 of the Town and Country Planning Act 1990.

• (4) The repeal by subsection (1) above of the definition of “gipsies” in section 16 of the said Act of 1968 shall not affect the interpretation of that word ...... in any document embodying the terms of any planning permission granted under the Town and Country Planning Act 1990 before the commencement of this section.

• (5) Section 70 of the Local Government, Planning and Land Act 1980 (power to pay grant to local authorities in respect of capital expenditure in providing gipsy caravan sites) is hereby repealed so far as it extends to England and Wales except for the purposes of applications for grant received by the Secretary of State before the commencement of this section.

Part VI — Prevention of Terrorism

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82

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83

Part VII — Obscenity and Pornography and Videos

Obscene publications and indecent photographs of children

Indecent pseudo-photographs of children.

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• (1) The Protection of Children Act 1978 shall be amended as provided in subsections (2) and (3) below.

• (2) In section 1 (which penalises the taking and distribution of indecent photographs of children and related acts)—

• (a) in paragraph (a) of subsection (1)—

• (i) after the word “taken” there shall be inserted the words “ or to make ”, and the words following “child” shall be omitted;

• (ii) after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;

• (b) in paragraphs (b), (c) and (d) of subsection (1), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”;

• (c) in subsection (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (d) in paragraphs (a) and (b) of subsection (4), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.

• (3) In section 7 (interpretation)—

• (a) in subsection (3), at the end, there shall be inserted the words “ and so as respects pseudo-photographs ”; and

• (b) for subsection (4) there shall be substituted the following subsection—

(4) References to a photograph include— (a) the negative as well as the positive version; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.

.

• (c) after subsection (5) there shall be inserted the following subsections—

(6) “Child”, subject to subsection (8), means a person under the age of 16. (7) “Pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph. (8) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult. (9) References to an indecent pseudo-photograph include— (a) a copy of an indecent pseudo-photograph; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.

.

• (4) Section 160 of the Criminal Justice Act 1988 (which penalises the possession of indecent photographs of children) shall be amended as follows—

• (a) in subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ” and the words from “(meaning” to “16)” shall be omitted; and

• (b) in paragraphs (a), (b) and (c) of subsection (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (c) in subsection (5), the reference to the coming into force of that section shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.

• (5) The Civic Government (Scotland) Act 1982 shall be amended as provided in subsections (6) and (7) below.

• (6) In section 52 (which, for Scotland, penalises the taking and distribution of indecent photographs of children and related acts)—

• (a) in paragraph (a) of subsection (1)—

• (i) after the word “taken” there shall be inserted the words “ or makes ”; and

• (ii) for the words from “of a” to the end there shall be substituted the words “ or pseudo-photograph of a child ”;

• (b) in paragraphs (b), (c) and (d) of subsection (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (c) in subsection (2), at the beginning there shall be inserted “ In subsection (1) above “child” means, subject to subsection (2B) below, a person under the age of 16; and ”;

• (d) after subsection (2), there shall be added—

(2A) In this section, “pseudo-photograph” means an image, whether produced by computer-graphics or otherwise howsoever, which appears to be a photograph. (2B) If the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated for all purposes of this Act as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult. (2C) In this section, references to an indecent pseudo-photograph include— (a) a copy of an indecent pseudo-photograph; (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph.

.

• (e) in subsection (3)—

• (i) in paragraph (a), for the words “3 months” there shall be substituted the words “ 6 months ”; and

• (ii) in paragraph (b), for the words “two years” there shall be substituted the words “ 3 years ”;

• (f) in subsection (4), and in paragraphs (a) and (b) of subsection (5), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (g) for subsection (8)(c) there shall be substituted—

(c) references to a photograph include— (i) the negative as well as the positive version; and (ii) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph.

.

• (7) In section 52A (which, for Scotland, penalises the possession of indecent photographs of children)—

• (a) in subsection (1), for the words from “of a” to “16)” there shall be substituted the words “ or pseudo-photograph of a child ”;

• (b) in subsection (2), in each of paragraphs (a) to (c), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;

• (c) in subsection (3)—

• (i) after the word “to” there shall be inserted the words “ imprisonment for a period not exceeding 6 months or to ”; and

• (ii) at the end there shall be added the words “or to both.”;

• (d) in subsection (4), after the word “(2)” there shall be inserted the words “ to (2C) ”.

• (8) The Protection of Children (Northern Ireland) Order 1978 shall be amended as provided in subsections (9) and (10) below.

• (9) In Article 2 (interpretation)—

• (a) in paragraph (2)—

• (i) in the definition of “child”, after “child” there shall be inserted the words “ subject to paragraph (3)(c) ”;

• (ii) for the definition of “photograph” there shall be substituted the following definitions—

“indecent pseudo-photograph” includes— (a) a copy of an indecent pseudo-photograph; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a pseudo-photograph; “photograph” includes— (a) the negative as well as the positive version; and (b) data stored on a computer disc or by other electronic means which is capable of conversion into a photograph; “pseudo-photograph” means an image, whether made by computer-graphics or otherwise howsoever, which appears to be a photograph;

;

• (b) in paragraph (3)—

• (i) in sub-paragraph (a), after the word “photograph” there shall be inserted the words “or pseudo-photograph”;

• (ii) in sub-paragraph (b), at the end, there shall be inserted the words “and so as respects pseudo-photographs; and”;

• (iii) after sub-paragraph (b) there shall be inserted the following sub-paragraph—

(c) if the impression conveyed by a pseudo-photograph is that the person shown is a child, the pseudo-photograph shall be treated as showing a child and so shall a pseudo-photograph where the predominant impression conveyed is that the person shown is a child notwithstanding that some of the physical characteristics shown are those of an adult.

.

• (10) In Article 3 (which, for Northern Ireland, penalises the taking and distribution of indecent photographs of children and related acts)—

• (a) in sub-paragraph (a) of paragraph (1)—

• (i) after the word “taken” there shall be inserted the words “ or to make ”;

• (ii) after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”;

• (b) in sub-paragraphs (b), (c) and (d) of paragraph (1), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”;

• (c) in sub-paragraphs (a) and (b) of paragraph (3), after the word “photographs” there shall be inserted the words “ or pseudo-photographs ”.

• (11) Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which, for Northern Ireland, penalises the possession of indecent photographs of children) shall be amended as follows—

• (a) in paragraph (1), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ” and the words from “(meaning” to “16)” shall be omitted;

• (b) in sub-paragraphs (a), (b) and (c) of paragraph (2), after the word “photograph” there shall be inserted the words “ or pseudo-photograph ”; and

• (c) in paragraph (6), the reference to the coming into operation of that Article shall be construed, for the purposes of the amendments made by this subsection, as a reference to the coming into force of this subsection.

Arrestable offences to include certain offences relating to obscenity or indecency.

85

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Indecent photographs of children: sentence of imprisonment.

86

• (1) In section 160(3) of the Criminal Justice Act 1988 (which makes a person convicted of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding six months or ” and at the end the words “ , or both ”.

• (2) In Article 15(3) of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (which makes a person convicted in Northern Ireland of certain offences relating to indecent photographs of children liable to a fine not exceeding level 5 on the standard scale) there shall be inserted after the word “to” the words “ imprisonment for a term not exceeding 6 months or ” and at the end the words “ , or both ”.

Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment.

87

In section 51(3) of the Civic Government (Scotland) Act 1982 (which makes persons convicted in summary proceedings in Scotland of certain offences relating to obscene material liable, among other penalties, to imprisonment for a period not exceeding 3 months and persons convicted there on indictment of such offences liable, among other penalties, to imprisonment for a period not exceeding 2 years), for the words “3 months” there shall be substituted the words “ 6 months ” and for the words “two years” there shall be substituted the words “ 3 years ”.

Video recordings

Video recordings: increase in penalties.

88

• (1) The following provisions of the Video Recordings Act 1984 (which create offences for which section 15(1) and (3) prescribe maximum fines of, in the case of sections 9 and 10, £20,000 and, in the case of other offences, level 5) shall be amended as follows.

• (2) In section 9 (supplying videos of unclassified work), after subsection (2), there shall be inserted the following subsection—

(3) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.

.

• (3) In section 10 (possessing videos of unclassified work for supply), after subsection (2), there shall be inserted the following subsection—

(3) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both, (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £20,000 or both.

.

• (4) In section 11 (supplying videos in breach of classification), after subsection (2), there shall be inserted the following subsection—

(3) A person guilty of an offence under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

.

• (5) In section 12 (supplying videos in places other than licensed sex shops), after subsection (4), there shall be inserted the following subsection—

(4A) A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

.

• (6) In section 14 (supplying videos with false indication as to classification), after subsection (4), there shall be inserted the following subsection—

(5) A person guilty of an offence under subsection (1) or (3) above shall be liable, on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

.

• (7) The amendments made by this section shall not apply to offences committed before this section comes into force.

Video recordings: restriction of exemptions.

89

• (1) Section 2 of the Video Recordings Act 1984 (exempted works) shall be amended as follows.

• (2) In subsection (1), after the words “subsection (2)” there shall be inserted the words “ or (3) ”.

• (3) In subsection (2)—

• (a) after paragraph (c), there shall be inserted the following paragraph—

(d) techniques likely to be useful in the commission of offences;

; and

• (b) for the word “designed” (in both places) there shall be substituted the word “ likely ”.

• (4) After subsection (2), there shall be inserted the following subsection—

(3) A video work is not an exempted work for those purposes if, to any significant extent, it depicts criminal activity which is likely to any significant extent to stimulate or encourage the commission of offences.

.

Video recordings: suitability.

90

• (1) After section 4 of the Video Recordings Act 1984 there shall be inserted the following sections—

(4A) (1) The designated authority shall, in making any determination as to the suitability of a video work, have special regard (among the other relevant factors) to any harm that may be caused to potential viewers or, through their behaviour, to society by the manner in which the work deals with— (a) criminal behaviour; (b) illegal drugs; (c) violent behaviour or incidents; (d) horrific behaviour or incidents; or (e) human sexual activity. (2) For the purposes of this section— - “potential viewer” means any person (including a child or young person) who is likely to view the video work in question if a classification certificate or a classification certificate of a particular description were issued; - “suitability” means suitability for the issue of a classification certificate or suitability for the issue of a certificate of a particular description; - “violent behaviour” includes any act inflicting or likely to result in the infliction of injury; and any behaviour or activity referred to in subsection (1)(a) to (e) above shall be taken to include behaviour or activity likely to stimulate or encourage it. (4B) (1) The Secretary of State may by order make provision enabling the designated authority to review any determination made by them, before the coming into force of section 4A of this Act, as to the suitability of a video work. (2) The order may in particular provide— (a) for the authority’s power of review to be exercisable in relation to such determinations as the authority think fit; (b) for the authority to determine, on any review, whether, if they were then determining the suitability of the video work to which the determination under review relates, they— (i) would issue a classification certificate, or (ii) would issue a different classification certificate; (c) for the cancellation of a classification certificate, where they determine that they would not issue a classification certificate; (d) for the cancellation of a classification certificate and issue of a new classification certificate, where they determine that they would issue a different classification certificate; (e) for any such cancellation or issue not to take effect until the end of such period as may be determined in accordance with the order; (f) for such persons as may appear to the authority to fall within a specified category of person to be notified of any such cancellation or issue in such manner as may be specified; (g) for treating a classification certificate, in relation to any act or omission occurring after its cancellation, as if it had not been issued; (h) for specified provisions of this Act to apply to determinations made on a review subject to such modifications (if any) as may be specified; (i) for specified regulations made under section 8 of this Act to apply to a video work in respect of which a new classification certificate has been issued subject to such modifications (if any) as may be specified. (3) In subsection (2) above “specified” means specified by an order made under this section. (4) The Secretary of State shall not make any order under this section unless he is satisfied that adequate arrangements will be made for an appeal against determinations made by the designated authority on a review. (5) The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament. (6) In this section “suitability” has the same meaning as in section 4A of this Act.

.

• (2) In section 7(2) of the Video Recordings Act 1984 (contents of classification certificates), in paragraph (a), after the words “viewing by children”, there shall be inserted the words “ or young children ”.

Enforcement by enforcing authorities outside their areas.

91

• (1) The Video Recordings Act 1984 shall have effect with the following amendments.

• (2) In section 16A (enforcement)—

• (a) after subsection (1) there shall be inserted the following subsections—

(1A) Subject to subsection (1B) below, the functions of a local weights and measures authority shall also include the investigation and prosecution outside their area of offences under this Act suspected to be linked to their area as well as the investigation outside their area of offences suspected to have been committed within it. (1B) The functions available to an authority under subsection (1A) above shall not be exercisable in relation to any circumstances suspected to have arisen within the area of another local weights and measures authority without the consent of that authority.

;

• (b) in subsection (4), for the words “Subsection (1)” there shall be substituted the words “ Subsections (1) and (1A) ”;

• (c) after subsection (4), there shall be inserted the following subsection—

(4A) For the purposes of subsections (1A), (1B) and (2) above— (a) offences in another area are “linked” to the area of a local weights and measures authority if— (i) the supply or possession of video recordings in contravention of this Act within their area is likely to be or to have been the result of the supply or possession of those recordings in the other area; or (ii) the supply or possession of video recordings in contravention of this Act in the other area is likely to be or to have been the result of the supply or possession of those recordings in their area; and (b) “investigation” includes the exercise of the powers conferred by sections 27 and 28 of the Trade Descriptions Act 1968 as applied by subsection (2) above; and sections 29 and 33 of that Act shall apply accordingly.

.

• (3) After section 16A there shall be inserted the following sections—

(16B) (1) A justice of the peace for an area to which section 1 of the Magistrates’ Courts Act 1980 applies may issue a summons or warrant under and in accordance with that section as respects an offence under this Act committed or suspected of having been committed outside the area for which he acts if it appears to the justice that the offence is linked to the supply or possession of video recordings within the area for which he acts. (2) Where a person charged with an offence under this Act appears or is brought before a magistrates’ court in answer to a summons issued by virtue of subsection (1) above, or under a warrant issued under subsection (1) above, the court shall have jurisdiction to try the offence. (3) For the purposes of this section an offence is “linked” to the supply or possession of video recordings within the area for which a justice acts if— (a) the supply or possession of video recordings within his area is likely to be or to have been the result of the offence; or (b) the offence is likely to be or to have been the result of the supply or possession of video recordings in his area. (16C) (1) Subsection (4) of section 287 of the Criminal Procedure (Scotland) Act 1975 (jurisdiction of sheriff as respects offences committed in more than one district) shall apply in respect of linked offences, whether or not alleged to have been committed by one and the same person, as that subsection applies in respect of offences alleged to have been committed by one person in more than one sheriff court district which, if committed in one of those districts, could be tried under one complaint. (2) For the purposes of subsection (1) above, offences are linked if, being offences under this Act, they comprise the supply or possession of video recordings each within a different sheriff court district but such supply or possession within the one district is likely to be, or to have been, the result of such supply or possession within the other. (16D) (1) Paragraph (2) of Article 16 of the Magistrates’ Courts (Northern Ireland) Order 1981 (jurisdiction of magistrates’ court as respects offences committed in another division) shall apply in respect of linked offences as that paragraph applies in respect of summary offences committed in other county court divisions. (2) For the purposes of subsection (1) above, an offence is a linked offence if the supply or possession of video recordings within one county court division is likely to be or to have been the result of the supply or possession of those recordings in another such division.

.

Obscene, offensive or annoying telephone calls

Obscene, offensive or annoying telephone calls: increase in penalty.

92

Part VIII — Prison Services and the Prison Service

Chapter I — England and Wales

Prisoner escorts

Arrangements for the provision of prisoner escorts.

93

• (1) In subsection (1) of section 80 (arrangements for the provision of prisoner escorts) of the Criminal Justice Act 1991 (“the 1991 Act”)—

• (a) for paragraph (a) there shall be substituted the following paragraph—

(a) the delivery of prisoners from one set of relevant premises to another;

;

• (b) in paragraph (b), for the words “such premises” there shall be substituted the words “ the premises of any court ”; and

• (c) for paragraphs (c) and (d) there shall be substituted the following paragraph—

(c) the custody of prisoners temporarily held in a prison in the course of delivery from one prison to another; and

.

• (2) After that subsection there shall be inserted the following subsection—

(1A) In paragraph (a) of subsection (1) above “relevant premises” means a court, prison, police station or hospital; and either (but not both) of the sets of premises mentioned in that paragraph may be situated in a part of the British Islands outside England and Wales.

.

• (3) In subsection (3) of that section, for the words “a warrant of commitment” there shall be substituted the words “ a warrant or a hospital order or remand ” and for the words “that warrant” there shall be substituted the words “ the warrant, order or remand ”.

• (4) After that subsection there shall be inserted the following subsection—

(4) In this section— - “hospital” has the same meaning as in the Mental Health Act 1983; - “hospital order” means an order for a person’s admission to hospital made under section 37, 38 or 44 of that Act, section 5 of the Criminal Procedure (Insanity) Act 1964 or section 6, 14 or 14A of the Criminal Appeal Act 1968; - “hospital remand” means a remand of a person to hospital under section 35 or 36 of the Mental Health Act 1983; - “warrant” means a warrant of commitment, a warrant of arrest or a warrant under section 46, 47, 48, 50 or 74 of that Act.

.

• (5) In subsection (1) of section 92 of that Act (interpretation of Part IV), for the definition of “prisoner” there shall be substituted the following definition—

“prisoner” means any person for the time being detained in legal custody as a result of a requirement imposed by a court or otherwise that he be so detained;

.

• (6) In subsection (3) of that section—

• (a) for the words from “kept” to “accommodation)” there shall be substituted the words “ remanded or committed to local authority accommodation under section 23 of the 1969 Act ”; and

• (b) for the words “section 80(1)(c) to (e)” there shall be substituted the words “ section 80(1)(c) or (e) or (1A) ”.

• (7) After that subsection there shall be inserted the following subsection—

(4) In sections 80, 82 and 83 above, “prison”— (a) so far as relating to the delivery of prisoners to or from a prison situated in Scotland, includes a remand centre or young offenders institution within the meaning of section 19 of the Prisons (Scotland) Act 1989; and (b) so far as relating to the delivery of prisoners to or from a prison situated in Northern Ireland, includes a remand centre or young offenders centre.

.

Powers and duties of prisoner custody officers acting in pursuance of such arrangements.

94

• (1) For subsection (4) of section 82 of the 1991 Act (powers and duties of prisoner custody officers acting in pursuance of such arrangements) there shall be substituted the following subsection—

(4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which the Crown Court or a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made— (a) in the case of the Crown Court, under section 34A of the 1973 Act (power of Court to order search of persons before it); or (b) in the case of a magistrates’ court, under section 80 of the 1980 Act (application of money found on defaulter).

.

• (2) After subsection (2) of section 6 of the Imprisonment (Temporary Provisions) Act 1980 (detention in the custody of a police constable) there shall be inserted the following subsection—

(3) Any reference in this section to a constable includes a reference to a prisoner custody officer (within the meaning of Part IV of the Criminal Justice Act 1991) acting in pursuance of prisoner escort arrangements (within the meaning of that Part).

.

Breaches of discipline by prisoners under escort.

95

For section 83 of the 1991 Act there shall be substituted the following section—

(83) (1) This section applies where a prisoner for whose delivery or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison. (2) For the purposes of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been— (a) in the custody of the governor of the prison; or (b) in the case of a contracted out prison, in the custody of its director, at all times during the period for which the prisoner custody officer was so responsible. (3) In the case of any breach by the prisoner at any time during that period of such prison rules as so relate, a disciplinary charge may be laid against him by the prisoner custody officer. (4) Nothing in this section shall enable a prisoner to be punished under prison rules for any act or omission of his for which he has already been punished by a court. (5) In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside England and Wales, means rules made under any provision of the law of that part which corresponds to section 47 of the 1952 Act.

.

Contracted out prisons etc.

Contracted out parts of prisons, etc.

96

For section 84 of the 1991 Act there shall be substituted the following section—

(84) (1) The Secretary of State may enter into a contract with another person for the provision or running (or the provision and running) by him, or (if the contract so provides) for the running by sub-contractors of his, of any prison or part of a prison. (2) While a contract under this section for the running of a prison or part of a prison is in force— (a) the prison or part shall be run subject to and in accordance with sections 85 and 86 below, the 1952 Act (as modified by section 87 below) and prison rules; and (b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 85 to 88A below as if they were separate prisons. (3) Where the Secretary of State grants a lease or tenancy of land for the purposes of any contract under this section, none of the following enactments shall apply to it, namely— (a) Part II of the Landlord and Tenant Act 1954 (security of tenure); (b) section 146 of the Law of Property Act 1925 (restrictions on and relief against forfeiture); (c) section 19(1), (2) and (3) of the Landlord and Tenant Act 1927 and the Landlord and Tenant Act 1988 (covenants not to assign etc.); and (d) the Agricultural Holdings Act 1986. In this subsection “lease or tenancy” includes an underlease or sub-tenancy. (4) In this Part— - “contracted out prison” means a prison or part of a prison for the running of which a contract under this section is for the time being in force; - “the contractor”, in relation to a contracted out prison, means the person who has contracted with the Secretary of State for the running of it; and - “sub-contractor”, in relation to a contracted out prison, means a person who has contracted with the contractor for the running of it or any part of it.

.

Temporary attachment of prison officers.

97

• (1) At the end of subsection (1) of section 85 of the 1991 Act (officers of contracted out prisons) there shall be inserted the words “ or a prison officer who is temporarily attached to the prison ”.

• (2) At the end of paragraph (b) of subsection (4) of that section there shall be inserted the words “ or prison officers who are temporarily attached to the prison ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) After subsection (4) of that section there shall be inserted the following subsection—

(4A) Section 11 (ejectment of prison officers and their families refusing to quit) shall not apply.

.

• (5) At the end of subsections (6) and (7) of that section there shall be inserted the words “ or a prison officer who is temporarily attached to the prison ”.

Prisoners temporarily out of prison.

98

After subsection (1) of section 92 of the 1991 Act (interpretation of Part IV) there shall be inserted the following subsection—

(1A) Any reference in this Part to custodial duties at a contracted out prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

.

Miscellaneous

Contracted out functions at directly managed prisons.

99

After section 88 of the 1991 Act there shall be inserted the following section—

(88A) (1) The Secretary of State may enter into a contract with another person for any functions at a directly managed prison to be performed by prisoner custody officers who are provided by that person and are authorised to perform custodial duties. (2) Section 86 above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as it applies in relation to such an officer performing custodial duties at a contracted out prison. (3) In relation to a directly managed prison— (a) the reference in section 13(2) of the 1952 Act (legal custody of prisoners) to an officer of the prison; and (b) the reference in section 14(2) of that Act (cells) to a prison officer, shall each be construed as including a reference to a prisoner custody officer performing custodial duties at the prison in pursuance of a contract under this section. (4) Any reference in subsections (1) to (3) above to the performance of functions or custodial duties at a directly managed prison includes a reference to the performance of functions or such duties for the purposes of, or for purposes connected with, such a prison. (5) In this Part— - “contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers; - “directly managed prison” means a prison which is not a contracted out prison.

.

Provision of prisons by contractors.

100

• (1) For subsection (2) of section 33 of the Prison Act 1952 (power to declare buildings etc. to be prisons) there shall be substituted the following subsection—

(2) The Secretary of State may provide new prisons by declaring to be a prison— (a) any building or part of a building built for the purpose or vested in him or under his control; or (b) any floating structure or part of such a structure constructed for the purpose or vested in him or under his control.

.

• (2) Subsections (3) and (4) below apply where the Secretary of State enters into a contract with another person (“the contractor”) for the provision by him of a prison.

• (3) Section 33(2) of the Prison Act 1952 shall have effect as if it also included references to—

• (a) any building or part of a building built by the contractor for the purpose or vested in him or under his control; and

• (b) any floating structure or part of such a structure constructed by the contractor for the purpose or vested in him or under his control.

• (4) Nothing in section 35(1) of that Act (prison property to be vested in the Secretary of State for Justice) shall require the prison or any real or personal property belonging to the prison to be vested in the Secretary of State for Justice .

Supplemental

Minor and consequential amendments.

101

• (1) In subsection (5) of section 85 of the 1991 Act (officers of contracted out prisons), for the words “The contractor shall” there shall be substituted the words “ The contractor and any sub-contractor of his shall each ”.

• (2) In subsection (3)(b) of section 88 of that Act (intervention by the Secretary of State), for the words “the contractor shall” there shall be substituted the words “ the contractor and any sub-contractor of his shall each ”.

• (3) In subsection (5) of that section, after the words “the contractor,” there shall be inserted the words “ any sub-contractor of his, ”.

• (4) In subsection (3) of section 89 of that Act (certification of prisoner custody officers), for the words “contracted out prison” there shall be substituted the words “ contracted out or directly managed prison ”.

• (5) In subsections (1) and (3) of section 90 of that Act (protection of prisoner custody officers), for the words from “acting” to “prison” there shall be substituted the words—

(a) acting in pursuance of prisoner escort arrangements; (b) performing custodial duties at a contracted out prison; or (c) performing contracted out functions at a directly managed prison,

.

• (6) In subsection (1) of section 91 of that Act (wrongful disclosure of information), for the words from “is or has been” to “prison” there shall be substituted the words—

(a) is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements, or at a contracted out prison; or (b) is or has been employed to perform contracted out functions at a directly managed prison,

.

• (7) In subsection (1) of section 92 of that Act (interpretation of Part IV)—

• (a) after the words “In this Part” there shall be inserted the words “ unless the context otherwise requires ”;

• (b) in the definitions of “contracted out prison” and “contractor”, for the words “section 84(2)” there shall be substituted the words “ section 84(4) ”;

• (c) after those definitions there shall be inserted the following definitions—

• “contracted out functions” and “directly managed prison” have the meanings given by section 88A(5) above;

;

• (d) after the definition of “prison” there shall be inserted the following definitions—

“prison officer” means an officer of a directly managed prison; “prison rules” means rules made under section 47 of the 1952 Act;

; and

• (e) after the definition of “prisoner escort arrangements” there shall be inserted the following definition—

“sub-contractor” has the meaning given by section 84(4) above.

.