The Criminal Justice Act 1991 (Suspension ofPrisonerCustody Officer Certificate) Regulations 1992

Statutory Instrument 1992 No. 727

Entered into force 6th April 1992

In exercise of the power conferred upon me by paragraph 3(2) of Schedule 10 to the Criminal Justice Act 1991[1], I hereby make the following Regulations:

1.These Regulations may be cited as the Criminal Justice Act 1991 (Suspension ofPrisonerCustody Officer Certificate) Regulations 1992 and shall come into force on 6th April 1992.

2.In these Regulations "the Act of 1991" means the Criminal Justice Act 1991.

3.The prescribed circumstances for the purposes of paragraph 3 of Schedule 10 to the Act of 1991 (suspension ofprisonercustody officer certificate byprisonerescort monitor or controller) are

(a) where—

(i) an allegation has been made against aprisonercustody officer ("the officer") acting in pursuance ofprisonerescort arrangements or performing custodial duties at aprison; or

(ii) the officer has been charged with a criminal offence or disciplinary action is being taken against him by the contractor; or

(iii) it appears to theprisonerescort monitor or (as the case may be)

controller that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his duties; and

(b) theprisonerescort monitor or (as the case may be) controller considers that the suspension of the certificate would be conducive to the maintenance of order or discipline in theprisonor (as the case may be) the performance of the functions set out in section 80(1) of the Act of 1991 (arrangements for the provision ofprisonerescorts).

EXPLANATORY NOTE

(This note is not part of the Regulations)

Paragraph 3 of Schedule 10 to the Criminal Justice Act 1991 provides that if it appears to aprisonerescort monitor or (as the case may be) controller that aprisonercustody officer is not a fit and proper person to perform escort duties or (as the case may be) custodial duties he may refer the matter to the Secretary of State to decide whether to revoke that officer's certificate and may, in prescribed circumstances, suspend the officer's certificate pending the Secretary of State's decision.

These Regulations prescribe those circumstances which are

(a) where—

(i) an allegation has been made against aprisonercustody officer; or

(ii) that officer has been charged with a criminal offence or disciplinary action is being taken against him; or

(iii) it appears that he is by reason of physical or mental illness or for any other reason incapable of satisfactorily carrying out his duties; and

(b) theprisonerescort monitor or (as the case may be) controller considers that suspension of the certificate would be conducive to the performance of the functions set out in section 80(1) of the Act of 1991 (arrangements for the provision ofprisonerescorts) or (as the case may be) the maintenance of order or discipline in theprison.

Notes:

[1]1991 c. 53.

Source: HMSO - Her Majesty Stationery Office