Explanatory Notes

Criminal Justice and Immigration Act 2008

2008 CHAPTER 4

8 May 2008

The Act

Commentary on Sections

Part 10: Special immigration status
Section 138: Amendment to section 127 of Criminal Justice and Public Order Act 1994

804.Section 138 reintroduces a statutory prohibition on inducing prison officers in England and Wales and Scotland to take industrial action or commit a breach of discipline. Subsection (3) broadens the definition of industrial action to include “any action likely to put at risk the safety of any person”. This provision came into force on Royal Assent for England, Wales and Northern Ireland as well as for private sector prisons across the UK. Subsection (4)which extends the prohibition to public sector prison officers in Scotland comes into force by order.