Part VIIIU.K. Prison Services and the Prison Service

Chapter IIU.K. Scotland

Extent Information

E1Pt. VIII Chapter II extends to Scotland only except that ss. 102(1) to (3), 104, 105 and 117 extend also to the British Islands so far as relating to the transfer of prisoners to or from premises situated in a part of the British Islands outside Scotland see s. 172(12)

Contracted out prisonsS

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

(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.