Criminal Justice and Public Order Act 1994

• (8) After subsection (7) of section 102 of the 1991 Act (short title, commencement and extent) there shall be inserted the following subsection—

(7A) Sections 80, 82 and 83 above, so far as relating to the delivery of prisoners to or from premises situated in a part of the British Islands outside England and Wales, extend to that part of those Islands.

.

• (9) For sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (certification of prisoner custody officers) there shall be substituted the following sub-paragraph—

(1) This paragraph applies where at any time— (a) in the case of a prisoner custody officer acting in pursuance of prisoner escort arrangements, it appears to the prisoner escort monitor for the area concerned that the officer is not a fit and proper person to perform escort functions; (b) in the case of a prisoner custody officer performing custodial duties at a contracted out prison, it appears to the controller of that prison that the officer is not a fit and proper person to perform custodial duties; or (c) in the case of a prisoner custody officer performing contracted out functions at a directly managed prison, it appears to the governor of that prison that the officer is not a fit and proper person to perform custodial duties.

.

• (10) In sub-paragraph (2) of that paragraph, for the words “or controller” there shall be substituted the words “ controller or governor ”.

Chapter II — Scotland

Prisoner escorts

Arrangements for the provision of prisoner escorts.

102

• (1) The Secretary of State may make arrangements for any of the functions specified in subsection (2) below (“escort functions”) to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

• (2) Those functions are—

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

• (b) the custody of prisoners held on court premises (whether or not they would otherwise be in the custody of the court) and their production before the court;

• (ba) the custody of prisoners held in a police station and their production, by electronic means from the station, before a court;

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

• (d) the custody of prisoners while they are outside a prison for temporary purposes.

• (3) In paragraph (a) of subsection (2) above, “relevant premises” means—

• (a) the premises of any court, prison, police station or hospital; or

• (b) the premises of any other place from or to which a prisoner may be required to be taken under the Criminal Procedure (Scotland) Act 1995 or the Mental Health (Care and Treatment) (Scotland) Act 2003;

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 Scotland.

• (4) Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.

• (5) Any person who, under a warrant or hospital order, is responsible for the performance of any such function as is mentioned in subsection (2) above shall be deemed to have complied with that warrant or order if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements or by a police custody and security officer in the performance of functions under section 28 of the Police and Fire Reform (Scotland) Act 2012 (asp 8).

• (6) In this section—

• “hospital” has the same meaning as in the Mental Health (Care and Treatment) (Scotland) Act 2003;

• “hospital order” means an order for a person’s detention in, or admission to and detention in, a hospital under section 52D, 52M, 53, 54 or 57A of the Act of 1995 ...; and

• “warrant” means a warrant for committal, a warrant for arrest, a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 or any other warrant, order or direction under the Act of 1995 or the Mental Health (Care and Treatment) (Scotland) Act 2003 requiring a person to be taken to a particular place.

Monitoring of prisoner escort arrangements.

103

• (1) Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a member of the staff of the Scottish Administration whose duty it shall be—

• (a) to keep the arrangements under review and to report on them to the Scottish Ministers

• (b) to investigate and report to the Scottish Ministers on any allegations made against prisoner custody officers acting in pursuance of the arrangements; and

• (c) to report to the Scottish Ministers on any alleged breaches of discipline on the part of prisoners for whose transfer or custody such officers so acting are responsible.

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

Powers and duties of prisoner custody officers performing escort functions.

104

• (1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have power to search—

• (a) any prisoner for whose transfer or custody he is responsible in accordance with the arrangements; and

• (b) any other person who is in or is seeking to enter any place where any such prisoner is or is to be held and any article in the possession of such a person.

• (2) The power conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear and gloves.

• (3) A prisoner custody officer shall, as respects prisoners for whose transfer or custody he is responsible in pursuance of prisoner escort arrangements, have the duty—

• (a) to prevent their escape from legal custody;

• (b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

• (c) to ensure good order and discipline on their part;

• (d) to attend to their wellbeing; and

• (e) to give effect to any directions as to their treatment which are given by a court.

• (4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is —

• (a) on any premises in which a court of summary jurisdiction is sitting; or

• (b) in a police station and has the custody of a prisoner who is, from the station, before a court of summary jurisdiction by electronic means,

the officer shall have the duty to give effect to any order of the court under section 212 of the Criminal Procedure (Scotland) Act 1995requiring an offender to be searched.

• (5) The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.

• (6) Prison rules may make provision in relation to—

• (a) the power conferred by subsection (1) above; and

• (b) the duty imposed by subsection (3)(d) above.

Breaches of discipline by prisoners under escort.

105

• (1) Where a prisoner for whose transfer or custody a prisoner custody officer has been responsible in pursuance of prisoner escort arrangements is delivered to a prison, he shall be deemed, for the purposes of such prison rules as relate to breaches of discipline, 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 that officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.

• (2) Nothing in subsection (1) above shall render a prisoner liable to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

• (3) In this section “prison rules”, in relation to a prison situated in a part of the British Islands outside Scotland, means rules made under any provision of the law of that part which corresponds to section 39 of the 1989 Act.

Contracted out prisons

Contracting out of prisons.

106

• (1) The Scottish Ministers 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 in Scotland.

• (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—

• (i) sections 107 and 108 below; and

• (ii) the 1989 Act and prison rules and directions made under or by virtue of that Act (all as modified by section 110 below); and

• (b) in the case of a part, that part and the remaining part shall each be treated for the purposes of sections 107 to 112 below as if they were separate prisons.

• (3) Where the Scottish Ministersgrants a lease for the purpose of any contract under this section, none of the following enactments shall apply to it—

• (a) sections 4 to 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (irritancy clauses); and

• (b) the Agricultural Holdings (Scotland) Act 1991 and the Agricultural Holdings (Scotland) Act 2003 (asp 11) .

In this subsection “lease” includes a sub-lease.

• (4) In this Chapter—

• “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 Scottish Ministers 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.

Officers of contracted out prisons.

107

• (1) Instead of a governor, every contracted out prison shall have—

• (a) a director, who shall be a prisoner custody officer appointed by the contractor and specially approved for the purposes of this section by the Scottish Ministers and

• (b) a controller, who shall be a member of the staff of the Scottish Administration appointed by the Scottish Ministers,

and every officer of such a prison who performs custodial duties shall be a prisoner custody officer who is authorised to perform such duties or a prison officer who is temporarily attached to the prison.

• (2) Subject to subsection (3) below, the director shall have the same functions as are conferred on a governor by the 1989 Act and by prison rules.

• (3) The director shall not—

• (a) have any function which is conferred on a controller by virtue of subsection (4) below;

• (b) inquire into a disciplinary charge brought against a prisoner, conduct the hearing of such a charge or make, remit or mitigate an award in respect of such a charge; or

• (c) except in cases of urgency, order the removal of a prisoner from association with other prisoners, the temporary confinement of a prisoner in a special cell or the application to a prisoner of any other special control or restraint.

• (4) The controller shall have such functions as may be conferred on him by prison rules and shall be under a duty—

• (a) to keep under review, and report to the Scottish Ministers on, the running of the prison by or on behalf of the director; and

• (b) to investigate, and report to the Scottish Ministers on, any allegations made against prisoner custody officers performing custodial duties at the prison or prison officers who are temporarily attached to the prison.

• (5) The contractor and any sub-contractor of his shall each be under a duty to do all that he reasonably can (whether by giving directions to the officers of the prison or otherwise) to facilitate the exercise by the controller of all such functions as are mentioned in or conferred by subsection (4) above.

• (6) The director must designate one or more medical officers for the prison.

• (7) A person may be designated as a medical officer for the prison only if the person is a registered medical practitioner performing primary medical services for prisoners at the prison under the National Health Service (Scotland) Act 1978 (c.29).

Powers and duties of prisoner custody officers employed at contracted out prisons.

108

• (1) A prisoner custody officer performing custodial duties at a contracted out prison shall have power to search—

• (a) any prisoner who is confined in the prison or for whose custody he is responsible; and

• (b) any other person who is in or is seeking to enter the prison and any article in the possession of such a person.

• (2) The power conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear and gloves.

• (3) A prisoner custody officer performing custodial duties at a contracted out prison shall, as respects the prisoners for whose custody he is responsible, have the duty—

• (a) to prevent their escape from legal custody;

• (b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

• (c) to ensure good order and discipline on their part; and

• (d) to attend to their wellbeing.

• (4) The powers conferred by subsection (1) above and the powers arising by virtue of subsection (3) above shall include power to use reasonable force where necessary.

Breaches of discipline by prisoners temporarily out of contracted out prison.

109

• (1) This section applies where a prisoner custody officer who performs custodial duties at a contracted out prison is responsible for the custody of a prisoner who is outside the prison for temporary purposes.

• (2) For the purposes of such prison rules as relate to breaches of discipline the prisoner shall be deemed to have been in the custody of the director of the prison at all times during the period for which the prisoner custody officer was so responsible, and that officer may bring a charge of breach of such rules as so relate against the prisoner in respect of any such time.

• (3) Nothing in subsection (1) above shall render a prisoner liable to be punished under prison rules for any act or omission of his for which he has already been punished by a court.

Consequential modifications of 1989 Act, prison rules and directions.

110

• (1) In relation to a contracted out prison, the provisions specified in subsections (2) to (7) below shall have effect subject to the modifications so specified.

• (2) In section 3 of the 1989 Act (general superintendence of prisons)—

• (a) subsection (1A) shall not apply;

• (b) subsection (3) shall not apply.

• (3) In sections 3A(5) and (6) (power to authorise searches of persons providing medical services), 7B (functions of prison monitoring co-ordinators), 7D (functions of independent prison monitors), 7E (duty of the governor to assist with inspection and monitoring), 7G (SPT visits), 9(5), 11(4), 15(1) and (3) (various functions of the governor of a prison), 33A (power of governor to delegate functions), 34 (duty of governor where prisoner dies), 39(8) and (12) (prison rules), 41(4) (detention of person suspected of bringing prohibited article into prison) , 41B(3) (testing prisoners for drugs) and 41C(3) (testing prisoners for alcohol) of that Act, in prison rules and in directions made by virtue of section 39(8) of that Act the reference to the governor shall be construed as a reference to the director.

• (4) In sections 3A(5) and (6) (power to carry out searches of persons providing medical services), 7 (Her Majesty’s Chief Inspector of Prisons), 7B (functions of prison monitoring co-ordinators), 7D (functions of independent prison monitors), 7G (SPT visits), 11(4) (execution of certain warrants by prison officers etc.), 13(b) (legal custody of prisoners), 33A (power of governor to delegate functions), 40(1) (persons unlawfully at large), 41(3), (4), (6) and (8) (detention of person suspected of bringing prohibited article into prison) , 41B(1) (testing prisoners for drugs) and 41C(1) (testing prisoners for alcohol) of that Act, the reference to an officer of a prison (or, as the case may be, a prison officer) shall be construed as a reference to a prisoner custody officer performing custodial duties at the prison or a prison officer temporarily attached to the prison.

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

• (5) Section 36 of that Act (vesting of prison property in Secretary of State) shall have effect subject to the provisions of the contract entered into under section 106 above.

• (6) Sections 3A(1) and (2) (medical officers)(medical services), 37 (discontinuance of prison), 41(2A) and (2B) (power to search for prohibited articles) and 41A (powers of search by authorised employees) of that Act shall not apply.

• (7) In prison rules, in subsection (8) of section 39 of that Act (directions supplementing prison rules) and in any direction made by virtue of that subsection, the reference to an officer of a prison (or, as the case may be, a prison officer) shall be construed as including a reference to a prisoner custody officer performing custodial duties at the prison.

Intervention by the Secretary of State.

111

• (1) This section applies where, in the case of a contracted out prison, it appears to the Scottish Ministers—

• (a) that the director has lost or is likely to lose effective control of the prison or any part of it; and

• (b) that the making of an appointment under subsection (2) below is necessary in the interests of preserving the safety of any person or preventing serious damage to any property.

• (2) The Scottish Ministers may appoint a member of the staff of the Scottish Administration to act as governor of the prison for the period—

• (a) beginning with the time specified in the appointment; and

• (b) ending with the time specified in the notice of termination under subsection (4) below.

• (3) During that period—

• (a) all the functions which would otherwise be exercisable by the director or the controller shall be exercisable by the governor;

• (b) the contractor and any sub-contractor of his shall each do all that he reasonably can to facilitate the exercise by the governor of those functions; and

• (c) the officers of the prison and the medical officer or officers for the prison shall comply with any directions given by the governor in the exercise of those functions.

• (4) Where the Scottish Ministers is satisfied—

• (a) that the governor has secured effective control of the prison or, as the case may be, the relevant part of it; and

• (b) that the governor’s appointment is no longer necessary as mentioned in subsection (1)(b) above,

he shall, by a notice to the governor, terminate the appointment at a time specified in the notice.

• (5) As soon as practicable after making or terminating an appointment under this section, the Scottish Ministers shall give a notice of the appointment, or a copy of the notice of termination, to the contractor, any sub-contractor of his, the director and the controller.

Contracted out functions

Contracted out functions at directly managed prisons.

112

• (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) Sections 108 and 109 above shall apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison as they apply in relation to such an officer performing custodial duties at a contracted out prison, but as if the reference in section 109(2) to the director of the contracted out prison were a reference to the governor of the directly managed prison.

• (3) In relation to a directly managed prison, the references to an officer of a prison (or, as the case may be, a prison officer) in the provisions specified in subsection (4) below 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) Those provisions are—

• (aa) section 3A(6) and (7) of the 1989 Act (searches of persons providing medical services);

• (a) section 11(4) of that Act (execution of certain warrants by prison officers etc.);

• (b) section 13(b) of that Act (legal custody of prisoners);

• (c) section 33A of that Act (power of governor to delegate functions);

• (d) subsection (8) of section 39 of that Act (directions supplementing prison rules) and directions made by virtue of that subsection;

• (e) section 40(1) of that Act (persons unlawfully at large);

• (f) section 41(3), (4), (6) and (8) of that Act (prohibited articles); and

• (g) prison rules.

• (5) Section 41(2A) and (2B) of the 1989 Act (search of person suspected of bringing prohibited article into prison) shall not apply in relation to a prisoner custody officer performing contracted out functions at a directly managed prison.

• (6) Any reference in the foregoing provisions of this section 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.

• (7) In this Chapter—

• “contracted out functions” means any functions which, by virtue of a contract under this section, fall to be performed by prisoner custody officers; and

• “directly managed prison” means a prison which is not a contracted out prison.

Provision of new prisons

Provision of new prisons.

113

• (1) The Scottish Ministers may declare to be a prison—

• (a) any building or part of a building built or adapted for the purpose; and

• (b) any floating structure or part of such a structure constructed or adapted for the purpose,

whether vested in, or under the control of, the Scottish Ministers or any other person.

• (2) Section 106(1) and subsection (1) above are without prejudice to the Scottish Ministers powers under the 1989 Act with respect to the provision of prisons.

• (3) A declaration under subsection (1) above—

• (a) shall have effect for the purposes of the 1989 Act and any other enactment (including an enactment contained in subordinate legislation);

• (b) shall not be sufficient to vest the legal estate in any building or structure in the Scottish Ministers; and

• (c) may be revoked by the Scottish Ministers at any time other than a time when the prison to which it relates is a contracted out prison.

• (4) Nothing in section 36 of the 1989 Act (prison property to be vested in the Scottish Ministers) shall require the legal estate in—

• (a) any prison provided under a contract entered into under section 106(1) above;

• (b) any prison declared to be such under subsection (1) above and not vested in the Scottish Ministers; or

• (c) any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,

to be vested in the Scottish Ministers.

Supplemental

Prisoner custody officers: general provisions.

114

• (1) In this Chapter “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

• (a) that he has been approved by the Scottish Ministers for the purpose of performing escort functions or custodial duties or both; and

• (b) that he is accordingly authorised to perform them.

• (2) Schedule 6 to this Act shall have effect with respect to the certification of prisoner custody officers.

• (3) Prison rules may make provision regarding the powers and duties of prisoner custody officers performing custodial duties.

Wrongful disclosure of information.

115

• (1) A person who—

• (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,

shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Scottish Ministers, any information which he acquired in the course of his employment and which relates to a particular prisoner.

• (2) A person guilty of an offence under subsection (1) above 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.

Minor and consequential amendments.

116

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

• (2) Section 33 of that Act (miscellaneous duties of prison governor) shall cease to have effect.

• (3) After section 33 of that Act there shall be inserted the following section—

(33A) Rules made under section 39 of this Act may permit the governor of a prison to authorise an officer of the prison, or a class of such officers, to exercise on his behalf such of the governor’s functions as the rules may specify.

.

• (4) In section 39 of that Act (prison rules)—

• (a) in subsection (1), after “Act” there shall be inserted “ or any other enactment ”;

• (b) in subsection (8), for “the purpose so specified” there shall be substituted “ any purpose specified in the rules ”; and

• (c) after subsection (11), there shall be inserted the following subsection—

(12) Rules made under this section may (without prejudice to the generality of subsection (1) above) confer functions on a governor.

.

Interpretation of Chapter II.

117

• (1) In this Chapter, except where otherwise expressly provided—

• “the 1989 Act” means the Prisons (Scotland) Act 1989;

• “contracted out prison” and “the contractor” have the meanings given by section 106(4) above;

• “contracted out functions” and “directly managed prison” have the meanings given by section 112(7) above;

• “custodial duties” means custodial duties at a contracted out or a directly managed prison;

• “escort functions” has the meaning given by section 102(1) above;

• “prison” includes—any prison other than a naval, military or air force prison; anda remand centre or young offenders institution within the meaning of section 19 of the 1989 Act;

• “prison officer” means an officer of a directly managed prison;

• “prison rules” means rules made under section 39 of the 1989 Act;

• “prisoner” means any person who is in legal custody or is deemed to be in legal custody under section 295 of the Criminal Procedure (Scotland) Act 1995;

• “prisoner custody officer” has the meaning given by section 114(1) above;

• “prisoner escort arrangements” has the meaning given by section 102(4) above; and

• “sub-contractor” has the meaning given by section 106(4) above.

• (2) Any reference in this Chapter to custodial duties at a contracted out or directly managed prison includes a reference to custodial duties in relation to a prisoner who is outside such a prison for temporary purposes.

• (3) In sections 102(1) to (3), 104 and 105 above, “prison”—

• (a) so far as relating to the transfer of prisoners to or from a prison situated in England and Wales, includes a young offender institution and a remand centre; and

• (b) so far as relating to the transfer of prisoners to or from a prison situated in Northern Ireland, includes a young offenders centre and a remand centre.

Chapter III — Northern Ireland

Prisoner escorts

Exercise of functions by the Department of Justice

117A

• (1) This Chapter, except so far as it relates to the delivery of prisoners to or from premises situated outside the United Kingdom, has effect subject to the following modifications.

• (2) Any reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

• (3) Subsections (4) and (5) below apply instead of section 120(6) and paragraph 3(3) of Schedule 7.

• (4) The power of the Department of Justice to make rules under section 120 or to make regulations under paragraph 3 of Schedule 7 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (5) Rules made by the Department of Justice under section 120, and regulations made by the Department of Justice under paragraph 3 of Schedule 7, shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

Arrangements for the provision of prisoner escorts.

118

• (1) The Secretary of State may make arrangements for any of the following functions, namely—

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

• (b) the custody of prisoners held on the premises of any court (whether or not they would otherwise be in the custody of the court) and their production before the court;

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

• (d) the custody of prisoners while they are outside a prison for temporary purposes;

to be performed in such cases as may be determined by or under the arrangements by prisoner custody officers who are authorised to perform such functions.

• (2) 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 Northern Ireland.

• (3) Arrangements made by the Secretary of State under this section (“prisoner escort arrangements”) may include entering into contracts with other persons for the provision by them of prisoner custody officers.

• (4) Any person who, under a warrant or a hospital order or remand, is responsible for the performance of any such function as is mentioned in subsection (1) above shall be deemed to have complied with that warrant, order or remand if he does all that he reasonably can to secure that the function is performed by a prisoner custody officer acting in pursuance of prisoner escort arrangements.

• (5) In this section—

• “hospital” has the same meaning as in the Mental Health (Northern Ireland) Order 1986;

• “hospital order” means an order for a person’s admission to hospital under Article 44, 45, 49 or 50 of that Order, or section 11 or 13 of the Criminal Appeal (Northern Ireland) Act 1980;

• “hospital remand” means a remand of a person to hospital under Article 42 or 43 of the Mental Health (Northern Ireland) Order 1986;

• “warrant” means a warrant of commitment, a warrant of arrest or a warrant under Article 52, 53, 54, 56 or 79 of that Order.

Monitoring etc. of prisoner escort arrangements.

119

• (1) Prisoner escort arrangements shall include the appointment of a prisoner escort monitor, that is to say, a Crown servant whose duty it shall be to keep the arrangements under review and to report on them to the Secretary of State.

• (2) It shall also be the duty of a prisoner escort monitor to investigate and report to the Secretary of State on—

• (a) any allegations made against prisoner custody officers acting in pursuance of the arrangements; and

• (b) any alleged breaches of discipline on the part of prisoners for whose delivery or custody such officers so acting are responsible.

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

120

• (1) A prisoner custody officer acting in pursuance of prisoner escort arrangements shall have the following powers, namely—

• (a) to search in accordance with rules made by the Secretary of State any prisoner for whose delivery or custody he is responsible in accordance with the arrangements; and

• (b) to search any other person who is in or is seeking to enter any place where any such prisoner is or is to be held and any article in the possession of such a person.

• (2) The powers conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, hat, jacket or gloves.

• (3) A prisoner custody officer shall have the following duties as respects prisoners for whose delivery or custody he is responsible in pursuance of prisoner escort arrangements, namely—

• (a) to prevent their escape from lawful custody;

• (b) to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;

• (c) to ensure good order and discipline on their part;

• (d) to attend to their wellbeing; and

• (e) to give effect to any directions as to their treatment which are given by a court,

and the Secretary of State may make rules with respect to the performance by prisoner custody officers of their duty under paragraph (d) above.

• (4) Where a prisoner custody officer acting in pursuance of prisoner escort arrangements is on any premises in which a magistrates’ court is sitting, it shall be his duty to give effect to any order of that court made under Article 110 of the Magistrates’ Courts (Northern Ireland) Order 1981 (application of funds found upon defaulter).

• (5) The powers conferred by subsection (1) above and the powers arising by virtue of subsections (3) and (4) above shall include power to use reasonable force where necessary.

• (6) The power to make rules 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.

Breaches of discipline by prisoners under escort.

121

• (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 purpose of such prison rules as relate to disciplinary offences, the prisoner shall be deemed to have been in the custody of the governor of the prison 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 the 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 Northern Ireland, means rules made under any provision of the law of that part which corresponds to section 13 of the Prison Act (Northern Ireland) 1953.

Supplemental

Certification of custody officers.

122

• (1) In this Chapter “prisoner custody officer” means a person in respect of whom a certificate is for the time being in force certifying—

• (a) that he has been approved by the Secretary of State for the purpose of performing escort functions; and

• (b) that he is accordingly authorised to perform them.

• (2) Schedule 7 to this Act shall have effect with respect to the certification of prisoner custody officers.

• (3) In this section and Schedule 7 to this Act “escort functions” means the functions specified in section 118(1) above.

Protection of prisoner custody officers.

123

• (1) Any person who assaults a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

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

• (3) Any person who resists or wilfully obstructs a prisoner custody officer acting in pursuance of prisoner escort arrangements shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Wrongful disclosure of information.

124

• (1) A person who is or has been employed (whether as a prisoner custody officer or otherwise) in pursuance of prisoner escort arrangements shall be guilty of an offence if he discloses, otherwise than in the course of his duty or as authorised by the Secretary of State, any information which he acquired in the course of his employment and which relates to a particular prisoner.

• (2) A person guilty of an offence under subsection (1) above 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.

Interpretation of Chapter III.

125

• (1) In this Chapter—

• “prison” includes a young offenders centre or remand centre;

• “prisoner custody officer” has the meaning given by section 122(1) above;

• “prison rules” means rules made under section 13 of the Prison Act (Northern Ireland) 1953;

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

• “prisoner escort arrangements” has the meaning given by section 118(3) above.

• (2) Sections 118, 119(1) and (2)(a), 120 and 122 to 124 above, subsection (1) above and Schedule 7 to this Act shall have effect as if—

• (a) any reference in section 118(1), 119(1), 120 or 124 above to prisoners included a reference to persons remanded or committed to custody in certain premises under section 51, 74 or 75 of the Children and Young Persons Act (Northern Ireland) 1968 or ordered to be sent to a training school under section 74 or 78 of that Act; and

• (b) any reference in section 118(1)(c) or (d) or (2) above to a prison included a reference to such premises or training school.

• (3) In sections 118, 120 and 121 above, “prison”—

• (a) so far as relating to the delivery of prisoners to or from a prison situated in England and Wales, includes a remand centre or young offender institution; and

• (b) 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.

Chapter IV — The Prison Service

Service in England and Wales and Northern Ireland.

126

• (1) The relevant employment legislation shall have effect as if an individual who as a member of the prison service acts in a capacity in which he has the powers or privileges of a constable were not, by virtue of his so having those powers or privileges, to be regarded as in police service for the purposes of any provision of that legislation.

• (2) In this section “the relevant employment legislation” means—

• (a) the Trade Union and Labour Relations (Consolidation) Act 1992 and the Employment Rights Act 1996;

• (b) the Trade Union and Labour Relations (Northern Ireland) Order 1995 and the Employment Rights (Northern Ireland) Order 1996.

• (3) For the purposes of this section a person is a member of the prison service if he is an individual holding a post to which he has been appointed for the purposes of section 7 of the Prison Act 1952 or under section 2(2) of the Prison Act (Northern Ireland) 1953 (appointment of prison staff).

• (4) Except for the purpose of validating anything that would have been a contravention of section 127(1) below if it had been in force, subsection (1) above, so far as it relates to the question whether an organisation consisting wholly or mainly of members of the prison service is a trade union, shall be deemed always to have had effect and to have applied, in relation to times when provisions of the relevant employment legislation were not in force, to the corresponding legislation then in force.

• (5) Subsection (6) below shall apply where—

• (a) the certificate of independence of any organisation has been cancelled, at any time before the passing of this Act, in consequence of the removal of the name of that organisation from a list of trade unions kept under provisions of the relevant employment legislation; but

• (b) it appears to the Certification Officer that the organisation would have remained on the list, and that the certificate would have remained in force, had that legislation had effect at and after that time in accordance with subsection (1) above.

• (6) Where this subsection applies—

• (a) the Certification Officer shall restore the name to the list and delete from his records any entry relating to the cancellation of the certificate;

• (b) the removal of the name from the list, the making of the deleted entry and the cancellation of the certificate shall be deemed never to have occurred; and

• (c) the organisation shall accordingly be deemed, for the purposes for which it is treated by virtue of subsection (4) above as having been a trade union, to have been independent throughout the period between the cancellation of the certificate and the deletion of the entry relating to that cancellation.

Inducements to withhold services or to indiscipline.

127

• (1) A person contravenes this subsection if he induces a prison officer—

• (a) to take (or continue to take) any industrial action;

• (b) to commit a breach of discipline.

• (1A) In subsection (1) “ industrial action ” means—

• (a) the withholding of services as a prison officer; or

• (b) any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).

• (2) The obligation not to contravene subsection (1) above shall be a duty owed to the Secretary of State. or, in Scotland, to the Scottish Ministersor, in Northern Ireland, to the Department of Justice

• (3) Without prejudice to the right of the Secretary of State or, in Scotland, to the Scottish Ministersor, in Northern Ireland, of the Department of Justice, by virtue of the preceding provisions of this section, to bring civil proceedings in respect of any apprehended contravention of subsection (1) above, any breach of the duty mentioned in subsection (2) above which causes the Secretary of State or, in Scotland, to the Scottish Ministersor, in Northern Ireland, the Department of Justice to sustain loss or damage shall be actionable, at his suit or instance, against the person in breach.

• (4) In this section “prison officer” means any individual who—

• (a) holds any post, otherwise than as a chaplain or assistant chaplain or as a medical officer, to which he has been appointed . . . under section 2(2) of the Prison Act (Northern Ireland) 1953 (appointment of prison staff),

• (aa) holds any post, other than as a chaplain or assistant chaplain, to which he has been appointed for the purposes of section 7 of the Prison Act 1952 (appointment of prison staff),

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) is a custody officer within the meaning of Part I of this Act or a prisoner custody officer, within the meaning of Part IV of the Criminal Justice Act 1991 or Chapter II or III of this Part.

• (5) The reference in subsection (1) above to a breach of discipline by a prison officer is a reference to a failure by a prison officer to perform any duty imposed on him by the prison rules or any code of discipline having effect under those rules or any other contravention by a prison officer of those rules or any such code.

• (6) In subsection (5) above “the prison rules” means any rules for the time being in force under section 47 of the Prison Act 1952, section 39 of the Prisons (Scotland) Act 1989 or section 13 of the Prison Act (Northern Ireland) 1953 (prison rules).

• (7) This section shall be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

• (8) Nothing in the relevant employment legislation shall affect the rights of the Secretary of State or in Scotland, the Scottish Ministersor, in Northern Ireland, the Department of Justice by virtue of this section.

• (9) In this section “the relevant employment legislation” has the same meaning as in section 126 above.

Power to suspend the operation of section 127

127A

• (1) The Secretary of State may make orders suspending, or later reviving, the operation of section 127.

• (1A) In the application of this section to Northern Ireland, in subsection (1) the reference to the Secretary of State is to be read as a reference to the Department of Justice in Northern Ireland.

• (2) An order under this section may make different provision in relation to different descriptions of prison officer.

• (3) The power to make orders under this section is exercisable by statutory instrument(subject to subsection (5)).

• (4) A statutory instrument containing an order under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

• (5) The power of the Department of Justice in Northern Ireland to make orders under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

• (6) No order may be made by the Department of Justice under this section unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

• (7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

Pay and related conditions.

128

• (1) The Secretary of State may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

• (a) the rates of pay and allowances to be applied to the prison service; and

• (b) such other terms and conditions of employment in that service as may appear to him to fall to be determined in association with the determination of rates of pay and allowances.

• (2) Before making any regulations under this section the Secretary of State shall consult with such organisations appearing to him to be representative of persons working in the prison service and with such other persons as he thinks fit.

• (3) The power to make regulations under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) Regulations under this section may—

• (a) provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

• (b) authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;

• (c) make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit; and

• (d) make different provision for different cases.

• (5) For the purposes of this section, the prison service comprises all the individuals who:

• (a) hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 7 of the Prison Act 1952;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) hold any post, otherwise than as a medical officer, to which those individuals have been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989.

Pay and related conditions: Northern Ireland

128A

• (1) The Department of Justice in Northern Ireland may by regulations provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

• (a) the rates of pay and allowances to be applied to the prison service; and

• (b) such other terms and conditions of employment in that service as may appear to the Department of Justice to fall to be determined in association with the determination of rates of pay and allowances.

• (2) Before making any regulations under this section the Department of Justice shall consult with such organisations appearing to it to be representative of persons working in the prison service and with such other persons as it thinks fit.

• (3) The power to make regulations under this section shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

• (4) Regulations made under this section shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).

• (5) Regulations under this section may—

• (a) provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

• (b) authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined;

• (c) make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit; and

• (d) make different provision for different cases.

• (6) For the purposes of this section, the prison service comprises all the individuals who hold any post, other than as chaplain or assistant chaplain, to which they have been appointed for the purposes of section 2(2) of the Prison Act (Northern Ireland) 1953.

Part IX — Miscellaneous Amendments: Scotland

Transfer of persons detained by police and customs officers.

129

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

• (4) In subsection (1) of section 48 of the Criminal Justice (Scotland) Act 1987 (detention of suspect by customs officer)—

• (a) after the word “premises” there shall be inserted the words “ and may thereafter for that purpose take him to any other place ”; and

• (b) for the word “there” there shall be substituted the words “ at the customs office, or as the case may be the other premises or place. ”.

• (5) In subsection (5) of that section—

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

(aa) any other place to which the person is, during the detention, thereafter taken;

; and

• (b) in paragraph (f), for the words “departure from the customs office or other premises” there shall be substituted the words “ release from detention ”.

• (6) In section 49(1) of that Act (intimation to solicitor and other person of detention under section 48)—

• (a) for the words “at a customs office or other premises” there shall be substituted the words “ and has been taken to a customs office or other premises or place ”; and

• (b) for the words “place where he is being detained” there shall be substituted the words “ customs office or other premises or place ”.

Detention and release of children: Scotland.

130

• (1) In section 7 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (children detained in solemn proceedings), after subsection (1) there shall be inserted—

(1A) The Secretary of State may by order provide— (a) that the reference to— (i) four years, in paragraph (a) of subsection (1) above; or (ii) four or more years, in paragraph (b) of that subsection, shall be construed as a reference to such other period as may be specified in the order; (b) that the reference to— (i) half, in the said paragraph (a); or (ii) two thirds, in the said paragraph (b), shall be construed as a reference to such other proportion of the period specified in the sentence as may be specified in the order. (1B) An order under subsection (1A) above may make such transitional provision as appears to the Secretary of State necessary or expedient in connection with any provision made by the order.

.

• (2) In section 45(3) of that Act (procedure in respect of certain orders), for the words “7(6)” there shall be substituted “ 7(1A) or (6) ”.

• (3) In Schedule 6 to that Act (transitional provisions and savings)—

• (a) in paragraph 8, after the word “revoked” there shall be inserted “ by virtue of paragraph 10 of this Schedule ”; and

• (b) after paragraph 9 there shall be added—

(10) Section 17 of this Act shall apply in respect of a release on licence under paragraph 4 of this Schedule as that section applies in respect of the release on licence, under Part I of this Act, of a long-term prisoner.

.

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

Conditions in licence of released prisoner: requirement for Parole Board recommendations.

131

In section 12(3)(a) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (requirement of Parole Board recommendations for inclusion of conditions in licences of certain released prisoners), after the word “inclusion” there shall be inserted the words “ or subsequent insertion, variation or cancellation ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

132

Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies.

133

In section 10(4) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 (interpretation of expression “transferred life prisoner”)—

• (a) in paragraph (a), after the word “Scotland” there shall be inserted the words “ or a court-martial ”; and

• (b) in paragraph (b)—

• (i) for the word “(whether” there shall be substituted— “ , or in the case of a sentence imposed by a court martial in Scotland to a prison in Scotland (in either case whether ”;

• (ii) after sub-paragraph (ii) there shall be inserted—

; or (iii) rules made under section 122(1)(a) of the Army Act 1955 (imprisonment and detention rules); or (iv) rules made under section 122(1)(a) of the Air Force Act 1955 (imprisonment and detention rules); or (v) a determination made under section 81(3) of the Naval Discipline Act 1957 (place of imprisonment or detention),

; and

• (iii) at the end there shall be added— “ ; and in this subsection “prison” has the same meaning as in the 1989 Act. ”.

Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993.

134

• (1) In Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings)—

• (a) in paragraph 1—

• (i) in the definition of “existing provisions”, at the end there shall be added “ except that an amendment or repeal effected by any enactment shall apply for the purposes of the existing provisions if expressly stated to do so ”; and

• (ii) in the definition of “new provisions”, after the word “amended” there shall be added “ by this Act ”; and

• (b) in paragraph 2(1), for the words from “and to” to “Schedule” there shall be substituted— “ , to the following provisions of this Schedule and to the exception in the definition of “existing provisions” in paragraph 1 above, ”.

• (2) Sections 18 (constitution and functions of Parole Board etc.), 22 (release on licence of persons serving determinate sentences), 28 (revocation of licences and conviction of prisoners on licence) and 42(3) (exercise of power to make rules etc.) of the Prisons (Scotland) Act 1989, being provisions which, notwithstanding their repeal by the Prisoners and Criminal Proceedings (Scotland) Act 1993, are “existing provisions” for the purposes of that Act of 1993, shall for those purposes be amended in accordance with the following subsections.

• (3) In the said section 18, for subsections (3) and (4) there shall be substituted—

(3A) The Secretary of State may by rules make provision with respect to the proceedings of the Board, including provision— (a) authorising cases to be dealt with in whole or in part by a prescribed number of members of the Board in accordance with such procedure as may be prescribed; (b) requiring cases to be dealt with at prescribed times; and (c) as to what matters may be taken into account by the Board (or by such number) in dealing with a case. (3B) The Secretary of State may give the Board directions as to the matters to be taken into account by it in discharging its functions under this Part of this Act; and in giving any such directions the Secretary of State shall in particular have regard to— (a) the need to protect the public from serious harm from offenders; and (b) the desirability of preventing the commission by offenders of further offences and of securing their rehabilitation.

.

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

• (5) In the said section 22, at the beginning of subsection (7) there shall be inserted the words “ In a case where the Parole Board has recommended that a person be released on licence, and by virtue of subsection (1A) above such release is then mandatory, no licence conditions shall be included in the licence, or subsequently inserted, varied or cancelled in it, except in accordance with recommendations of the Board; and in any other case ”.

• (6) In the said section 42—

• (a) in each of subsections (1) and (4), for the words “22(2)” there shall be substituted “ 22(1A) or (2), 28(1A), ”; and

• (b) in subsection (3), for the word “(3)” there shall be substituted “ (3A) ”.

Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of “new provisions”.

135

In Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993 (transitional provisions and savings), after paragraph 6 there shall be inserted the following paragraphs—

(6A) (1) This paragraph applies where a prisoner sentenced before the relevant date to a sentence of imprisonment for life for an offence the sentence for which is not fixed by law has been (whether before, on or after that date) released on licence under the 1989 Act. (2) Without prejudice to section 22(6) of the 1989 Act, in a case to which this paragraph applies, the new provisions shall apply as if the prisoner were a discretionary life prisoner, within the meaning of section 2 of this Act, whose licence has been granted under subsection (4) of that section of this Act on his having served the relevant part of his sentence. (6B) (1) This paragraph applies where— (a) a prisoner was, at the relevant date, serving a sentence or sentences of imprisonment, on conviction of an offence, passed before that date and that sentence was for a term of, or as the case may be those sentences fall to be treated as for a single term of, two or more years; and (b) on or after that date he is, or has been, sentenced to a further term or terms of imprisonment, on conviction of an offence, to be served consecutively to, or concurrently with, the sentence or sentences mentioned in head (a) above. (2) In a case to which this paragraph applies— (a) the sentence or sentences mentioned in head (b) of sub-paragraph (1) above shall be treated as a single term with the sentences mentioned in head (a) of that sub-paragraph and that single term as imposed on or after the relevant date (so however that nothing in the foregoing provisions of this head shall affect the application of sections 39(7) (which makes provision as respects the award of additional days for breaches of discipline) and 24 (which makes provision as respects remission for good conduct) of the 1989 Act); and (b) the new provisions shall apply accordingly, except that— (i) where the prisoner is a long-term prisoner by virtue only of the aggregation provided for in head (a) of this sub-paragraph, he shall be released unconditionally on the same day as he would have been but for that aggregation; (ii) where, notwithstanding the aggregation so provided for, the prisoner remains a short-term prisoner, subsection (1) of section 1 of this Act shall in its application be construed as subject to the qualification that the prisoner shall be released no earlier than he would have been but for that aggregation; (iii) that section shall in its application be construed as if for subsection (3) there were substituted— (“) Without prejudice to subsection (1) above and to sub-paragraph (2)(b)(i) of paragraph 6B of Schedule 6 to this Act, after a prisoner to whom that paragraph applies has either served one-third of the sentence, or as the case may be sentences, mentioned in sub-paragraph (1)(a) of that paragraph, or (if it results in a later date of release) has served twelve months of that sentence or those sentences, the Secretary of State may, if recommended to do so by the Parole Board under this section, release him on licence; and where such a prisoner has been released on licence under section 22 of the 1989 Act, that licence shall be deemed to have been granted by virtue of this subsection.”; (iv) section 11(1) shall in its application be construed as if the sentence referred to were the further term or terms mentioned in head (b) of sub-paragraph (1) above; and (v) section 16 shall in its application be construed as if the original sentence (within the meaning of that section) were the further term or terms so mentioned.

.

Part X — Cross-Border Enforcement

Execution of warrants.

136

• (1) A warrant issued in England, Wales or Northern Ireland for the arrest of a person charged with an offence may (without any endorsement) be executed in Scotland by any constable of any police force of the country of issue or of the country of execution or by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 as well as by any other persons within the directions in the warrant.

• (2) A warrant issued in—

• (a) Scotland; or

• (b) Northern Ireland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in England or Wales by any constable of any police force of the country of issue or of the country of execution or by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004 as well as by any other persons within the directions in the warrant.

• (3) A warrant issued in—

• (a) England or Wales; or

• (b) Scotland,

for the arrest of a person charged with an offence may (without any endorsement) be executed in Northern Ireland by any constable of any police force of the country of issue or of the country of execution as well as by any other persons within the directions in the warrant.

• (4) A person arrested in pursuance of a warrant shall be taken, as soon as reasonably practicable, to any place to which he is committed by, or may be conveyed under, the warrant.

• (4A) The following provisions apply in relation to the execution under this section by a constable of a warrant issued in England and Wales or Northern Ireland—

• (a) where the warrant is executed under subsection (1), the constable has the same powers of entry and search for the purpose of executing the warrant as a constable of a police force in Scotland would have if the warrant had been issued in Scotland;

• (b) where the warrant is executed under subsection (2)(b) or (3)(a), the constable has the powers of entry and search conferred by section 137E;

• (c) where the warrant is executed under subsection (1), (2)(b) or (3)(a), the constable has the powers conferred by section 139 in relation to the arrested person;

• (d) the constable may use reasonable force, if necessary, in arresting the person or in exercising the powers conferred by sections 137E and 139.

• (4B) Where, under subsection (2)(a) or (3)(b), a constable executes a warrant issued in Scotland, any enactment or rule of law which concerns—

• (a) the powers and duties of a constable who executes such a warrant;

• (b) the rights of a person arrested under such a warrant;

• (c) the procedures to be followed after an arrest under such a warrant,

applies in relation to the arrest (subject to the modifications set out in section 137ZA) as though the warrant had been executed in Scotland and, if the constable who executed it is not a constable of a police force in Scotland, as though the constable were.

• (5) ...

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Any other person within the directions in a warrant executing that warrant under this section shall have the same powers and duties, and the person arrested the same rights, as they would have had if execution had been in the country of issue by the person within those directions.

• (7) This section applies as respects—

• (a) a warrant of commitment and a warrant to arrest a witness issued by a judicial authority in England, Wales or Northern Ireland as it applies to a warrant for arrest; and

• (b) a warrant for committal, a warrant to imprison (or to apprehend and imprison) and a warrant to arrest a witness issued by a judicial authority in Scotland as it applies to a warrant for arrest.

• (7A) This section applies as respects a warrant issued under paragraph 3(2) of Schedule 4 to the Sentencing Code (warrant for arrest of offender referred back to court by youth offender panel) or under Schedule 7 to that Code (youth rehabilitation orders: breach etc.) as it applies to a warrant issued in England or Wales for the arrest of a person charged with an offence.

• (8) In this section “judicial authority” means any justice of the peace or the judge of any court exercising jurisdiction in criminal proceedings; and any reference to a part of the United Kingdom in which a warrant may be executed includes a reference to the adjacent sea and other waters within the seaward limits of the territorial sea.

• (9) Powers under this section and sections 137 to 139 may be exercised by an officer of Revenue and Customs in accordance with section 87 of the Finance Act 2007.

Cross-border powers of arrest etc.

137

• (1) If the condition applicable to this subsection is satisfied, any constable of a police force in England and Wales who has reasonable grounds for suspecting that an offence has been committed or attempted in England or Wales and that the suspected person is in Scotland or in Northern Ireland may arrest without a warrant the suspected person wherever he is in Scotland or in Northern Ireland.

• (2) If the condition applicable to this subsection is satisfied, any constable of a police force in Scotland who has reasonable grounds for suspecting that an offence has been committed or attempted in Scotland and that the suspected person is in England or Wales or in Northern Ireland may, as respects the suspected person, wherever he is in England or Wales or in Northern Ireland, exercise the same powers of arrest ... as it would be competent for him to exercise were the person in Scotland.

• (2A) The powers conferred by subsections (1) and (2) may be exercised in England and Wales and Scotland by a constable appointed under section 24 of the Railways and Transport Safety Act 2003 or under section 55 of the Energy Act 2004.

• (3) If the condition applicable to this subsection is satisfied, any constable of a police force in Northern Ireland who has reasonable grounds for suspecting that an offence has been committed or attempted in Northern Ireland and that the suspected person is in England or Wales or in Scotland may arrest without a warrant the suspected person wherever he is in England or Wales or in Scotland.

• (4) The condition applicable to subsection (1) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in England and Wales.

• (5) The condition applicable to subsection (2) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Scotland.

• (6) The condition applicable to subsection (3) above is that it appears to the constable that it would have been lawful for him to have exercised the powers had the suspected person been in Northern Ireland.

• (7) It shall be the duty of a constable who has arrested ... a person under this section—

• (a) if he arrested him in Scotland, to take the person arrested either to the nearest convenient designated police station in England or in Northern Ireland or to a designated police station in a police area in England and Wales or in Northern Ireland in which the offence is being investigated;

• (ba) if he arrested him in England or Wales under subsection (2) above and has charged him with an offence, to take the person arrested to the nearest convenient police station in Scotland or to a police station within a sheriffdom in which the offence is being investigated;

• (bb) if he arrested him in England or Wales under subsection (2) above and has not charged him with an offence, to take the person arrested either to a police station in Scotland mentioned in paragraph (ba) above, or to the nearest convenient designated police station in England or Wales;