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PrisonSecurity Act 1992

Adopted 16th March 1992

An Act to make provision for an offence ofprisonmutiny and for a new offence and new penalties in connection with escapes fromprison.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Offence ofprisonmutiny.

1.—(1) Anyprisonerwho takes part in aprisonmutiny shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.

(2) For the purposes of this section there is aprisonmutiny where two or moreprisoners, while on the premises of anyprison, engage in conduct which is intended to further a common purpose of overthrowing lawful authority in thatprison.

(3) For the purposes of this section the intentions and common purpose ofprisonersmay be inferred from the form and circumstances of their conduct and it shall be immaterial that conduct falling within subsection (2) above takes a different form in the case of differentprisoners.

(4) Where there is aprisonmutiny, aprisonerwho has or is given a reasonable opportunity of submitting to lawful authority and fails, without reasonable excuse, to do so shall be regarded for the purposes of this section as taking part in the mutiny.

(5) Proceedings for an offence under this section shall not be brought except by or with the consent of the Director of Public Prosecutions.

(6) In this section—

"conduct" includes acts and omissions;

"prison" means anyprison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the [1952 c. 52.]PrisonAct 1952, including a contracted outprisonwithin the meaning of Part IV of the [1991 c. 53.] Criminal Justice Act 1991;

"prisoner" means any person for the time being in aprisonas a result of any requirement imposed by a court or otherwise that he be detained in legal custody.

Offences relating to escape.

2.—(1) In section 39 of thePrisonAct 1952 (offence of assistingprisonerto escape)—

(a) after the word "prisoner", in the third place where it occurs, there shall be inserted the words "sends any thing (by post or otherwise) into aprisonor to aprisoner" and

(b) for the words "five years" there shall be substituted the words "ten years".

(2) In section 22(2)(b) of the [1961 c. 39] Criminal Justice Act 1961 (penalty on indictment for harbouring or assisting a person unlawfully at large), for the words "two years" there shall be substituted the words "ten years".

(3) In that Act of 1961, section 22(1) and the entry in Schedule 4 relating to section 39 of thePrisonAct 1952 (which increased from two years to five years the maximum term of imprisonment for an offence under section 39) are hereby repealed.

(4) This section shall not affect the penalty for any offence committed before the commencement of this Act.

Short title, commencement and extent.

3.—(1) This Act may be cited as thePrisonSecurity Act 1992.

(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

(3) This Act extends to England and Wales only.

Source: HMSO - Her Majesty Stationery Office

Crown Copyright