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Criminal Justice and Public Order Act 1994 (c. 33)

(The document as of February, 2008)

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(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--

(a) section 11(4) of the 1989 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

113 Provision of new prisons

(1) The Secretary of State 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 Secretary of State or any other person.

(2) Section 106(1) and subsection (1) above are without prejudice to the Secretary of State's 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 Secretary of State; and

(c) may be revoked by the Secretary of State 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 Secretary of State) 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 Secretary of State; or

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

to be vested in the Secretary of State.



Supplemental

114 Prisoner custody officers: general provisions

(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 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.

115 Wrongful disclosure of information

(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 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.

116 Minor and consequential amendments

(1) In section 19(4)(b) of the 1989 Act (remand centres and young offenders institutions), for "33" there shall be substituted " 33A " .

(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 Power of governor to delegate functions

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. " .

117 Interpretation of Chapter II

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

  • "the 1989 Act" means the [1989 c. 45.] 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--

    (a)

    any prison other than a naval, military or air force prison; and

    (b)

    a 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 215 or 426 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

  • "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 orthern Ireland

Prisoner escorts

118 Arrangements for the provision of prisoner escorts

(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 [S.I. 1986/595 (N.I. 4).] 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 [1980 c. 47.] 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.

119 Monitoring etc. of prisoner escort arrangements

(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.

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

(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 [S.I. 1981/1675 (N.I.26).] 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.

121 Breaches of discipline by prisoners under escort

(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 [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953.



Supplemental

122 Certification of custody officers

(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.

123 Protection of prisoner custody officers

(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) Article 18(2) of the [S.I.1981/155 (N.I. 2).] Firearms (Northern Ireland) Order 1981 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

(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).

124 Wrongful disclosure of information

(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.

125 Interpretation of Chapter III

(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 [1953 c. 18 (N.I.).] 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 [1968 c. 34 (N.I.).] 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 [1989 c. 45.] Prisons (Scotland) Act 1989.



Chapter IV he Prison Service

126 Service in England and Wales and Northern Ireland

(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 [1978 c. 44.] Employment Protection (Consolidation) Act 1978 and the [1992 c. 52.] Trade Union and Labour Relations (Consolidation) Act 1992; and

(b) the [S.I. 1976/1043 (N.I. 16).] Industrial Relations (Northern Ireland) Order 1976, the [S.I. 1976/2147 (N.I. 28).] Industrial Relations (No. 2) (Northern Ireland) Order 1976 and the [S.I. 1992/807 (N.I. 5).] Industrial Relations (Northern Ireland) Order 1992.

(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 [1952 c. 52.] Prison Act 1952 or under section 2(2) of the [1953 c. 18 (N.I.).] 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.

127 Inducements to withhold services or to indiscipline

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

(a) to withhold his services as such an officer; or

(b) to commit a breach of discipline.

(2) The obligation not to contravene subsection (1) above shall be a duty owed to the Secretary of State.

(3) Without prejudice to the right of the Secretary of State, 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 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 for the purposes of section 7 of the [1952 c. 52.] Prison Act 1952 or under section 2(2) of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953 (appointment of prison staff),

(b) holds any post, otherwise than as a medical officer, to which he has been appointed under section 3(1) of the [1989 c. 45.] Prisons (Scotland) Act 1989, or

(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 [1991 c. 53.] 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 by virtue of this section.

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

128 Pay and related conditions

(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 are prison officers within the meaning of section 127 above, apart from those who are custody officers within the meaning of Part I of this Act or prisoner custody officers within the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991 or Chapter II or III of this Part.



Part IX Miscellaneous Amendments: Scotland

129 Transfer of persons detained by police and customs officers

(1) In subsection (1) of section 2 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (detention of suspect at police station or other premises)--

(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 police station, or as the case may be the other premises or place " .

(2) In subsection (4) 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 police station or other premises" there shall be substituted the words "release from detention".

(3) In section 3(1)(b) of that Act (intimation to solicitor and other person of detention under section 2)--

(a) for the words "in a police station or other premises" there shall be substituted the words "and has been taken to a police station or other premises or place"; and

(b) for the words "place where he is being detained" there shall be substituted the words "police station or other premises or place".

(4) In subsection (1) of section 48 of the [1987 c. 41.] 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".

130 Detention and release of children: Scotland

(1) In section 7 of the [1993 c. 9.] 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 ection 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) In section 39(7) of the [1989 c. 45.] Prisons (Scotland) Act 1989 (award of additional days), at the end there shall be added-- " ; and the foregoing provisions of this subsection (except paragraph (b)) shall apply in respect of a person sentenced to be detained under section 206 of the 1975 Act, the detention not being without limit of time, as those provisions apply in respect of any such short-term or long-term prisoner. " .

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

In section 12(3)(a) of the [1993 c. 9.] 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 Provision for standard requirements in supervised release orders in Scotland

In section 212A of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (which makes provision for the supervised release of short-term prisoners)--

(a) in subsection (2)--

(i) for the words from "and", where it occurs immediately after paragraph (a), to the end of sub-paragraph (i) of paragraph (b), there shall be substituted--

" (b) comply with--

(i) such requirements as may be imposed by the court in the order; " ; and

(ii) at the end there shall be added-- " ; and

(c) comply with the standard requirements imposed by virtue of subsection (3)(a)(i) below " ; and

(b) in subsection (3), for paragraph (a) there shall be substituted--

" (a) shall--

(i) without prejudice to subsection (2)(b) above, contain such requirements (in this section referred to as the "standard requirements"); and

(ii) be as nearly as possible in such form,

as may be prescribed by Act of Adjournal; " .

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

In section 10(4) of the [1993 c. 9.] 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 [1955 c. 18.] Army Act 1955 (imprisonment and detention rules); or

(iv) rules made under section 122(1)(a) of the [1955 c. 19.] Air Force Act 1955 (imprisonment and detention rules); or

(v) a determination made under section 81(3) of the [1957 c. 53.] 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. " .

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

(1) In Schedule 6 to the [1993 c. 9.] 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

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