Change 1 Article Choose an article Title and introductory text 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Provision etc. of secure training centres. 6 Management of secure training centres. 7 Contracting out of secure training centres. 8 Officers of contracted out secure training centres. 9 Powers and duties of custody officers employed at contracted out secure training centres. 9A Power of custody officers to detain suspected offenders 10 Intervention by Secretary of State in management of contracted out secure training centres. 11 Contracted out functions at directly managed secure training centres. 12 Escort arrangements and officers. 13 Protection of custody officers . . . . 14 Wrongful disclosure of information relating to persons detained in youth detention accommodation. 15 Interpretation of sections 7 to 14. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Maximum length of detention for young offenders. 18 Accommodation of young offenders sentenced to custody for life. 19 Extension of kinds of secure accommodation. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Management of secure accommodation. 23 Liability of young persons to arrest for breaking conditions of remand. 24 Detention of arrested juveniles after charge. 25 No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences. 26 No right to bail for persons accused or convicted of committing offence while on bail. 27 Power for police to grant conditional bail to persons charged. 28 Police detention after charge. 29 Power for police to arrest for failure to answer to police bail. 30 Reconsideration of decisions granting bail. 31 Imputations on character. 32 Abolition of corroboration rules. 33 Abolition of corroboration requirements under Sexual Offences Act 1956. 34 Effect of accused’s failure to mention facts when questioned or charged. 35 Effect of accused’s silence at trial. 36 Effect of accused’s failure or refusal to account for objects, substances or marks. 37 Effect of accused’s failure or refusal to account for presence at a particular place. 38 Interpretation and savings for sections 34, 35, 36 and 37. 39 Power to apply sections 34 to 38 to armed forces. 39A Power to apply sections 36 and 37 in relation to food crime officers 40 Disqualification for jury service of persons on bail in criminal proceedings. 41 Jury service: disabled persons. 42 Jury service: excusal on religious grounds. 43 Separation of jury during consideration of verdict. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Extension of procedures enabling magistrates’ courts to deal with cases in which accused pleads guilty. 46 Criminal damage, etc. as summary offence: relevant sum. 47 Recovery of fines, etc. by deduction from income support. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Restrictions on reports of proceedings in which children or young persons are concerned. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Intimidation, etc., of witnesses, jurors and others. 52 Circuit judges to act as judges of criminal division of Court of Appeal. 53 Expenses in criminal appeals in Northern Ireland Court of Appeal. 54 Powers of police to take intimate body samples. 55 Powers of police to take non-intimate body samples. 56 Fingerprints and samples: supplementary provisions. 57 Retention of samples in certain cases. 58 Samples: intimate and non-intimate etc. 59 Extension of powers to search persons’ mouths. 60 Powers to stop and search in anticipation of , or after violence. 60AA Powers to require removal of disguises 60A Retention and disposal of things seized under section 60. 60B Arrest without warrant for offences under section 60: Scotland. 60C Offence relating to residing on land without consent in or with a vehicle 60D Offence under section 60C: seizure of property etc 60E Offence under section 60C: forfeiture 61 Power to remove trespassers on land. 62 Supplementary powers of seizure. 62A Power to remove trespassers: alternative site available 62B Failure to comply with direction under section 62A: offences 62C Failure to comply with direction under section 62A: seizure 62D Common land: modifications 62E Sections 62A to 62D: interpretation 62F Guidance 63 Powers to remove persons attending or preparing for a rave. 64 Supplementary powers of entry and seizure. 65 Raves: power to stop persons from proceeding. 66 Power of court to forfeit sound equipment. 67 Retention and charges for seized property. 68 Offence of aggravated trespass. 69 Powers to remove persons committing or participating in aggravated trespass. 70 Trespassory assemblies. 71 Trespassory assemblies: power to stop persons from proceeding. 72 Violent entry to premises: special position of displaced residential occupiers and intending occupiers. 73 Adverse occupation of residential premises. 74 Protected intending occupiers: supplementary provisions. 75 Interim possession orders: false or misleading statements. 76 Interim possession orders: trespassing during currency of order. 77 Power of local authority to direct unauthorised campers to leave land. 78 Orders for removal of persons and their vehicles unlawfully on land. 79 Provisions as to directions under s. 77 and orders under s. 78. 80 Repeal of certain provisions relating to gipsy sites. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Indecent pseudo-photographs of children. 85 Arrestable offences to include certain offences relating to obscenity or indecency. 86 Indecent photographs of children: sentence of imprisonment. 87 Publishing, displaying, selling or distributing etc. obscene material in Scotland: sentence of imprisonment. 88 Video recordings: increase in penalties. 89 Video recordings: restriction of exemptions. 90 Video recordings: suitability. 91 Enforcement by enforcing authorities outside their areas. 92 Obscene, offensive or annoying telephone calls: increase in penalty. 93 Arrangements for the provision of prisoner escorts. 94 Powers and duties of prisoner custody officers acting in pursuance of such arrangements. 95 Breaches of discipline by prisoners under escort. 96 Contracted out parts of prisons, etc. 97 Temporary attachment of prison officers. 98 Prisoners temporarily out of prison. 99 Contracted out functions at directly managed prisons. 100 Provision of prisons by contractors. 101 Minor and consequential amendments. 102 Arrangements for the provision of prisoner escorts. 103 Monitoring of prisoner escort arrangements. 104 Powers and duties of prisoner custody officers performing escort functions. 105 Breaches of discipline by prisoners under escort. 106 Contracting out of prisons. 107 Officers of contracted out prisons. 108 Powers and duties of prisoner custody officers employed at contracted out prisons. 109 Breaches of discipline by prisoners temporarily out of contracted out prison. 110 Consequential modifications of 1989 Act, prison rules and directions. 111 Intervention by the Secretary of State. 112 Contracted out functions at directly managed prisons. 113 Provision of new prisons. 114 Prisoner custody officers: general provisions. 115 Wrongful disclosure of information. 116 Minor and consequential amendments. 117 Interpretation of Chapter II. 117A Exercise of functions by the Department of Justice 118 Arrangements for the provision of prisoner escorts. 119 Monitoring etc. of prisoner escort arrangements. 120 Powers and duties of prisoner custody officers acting in pursuance of such arrangements. 121 Breaches of discipline by prisoners under escort. 122 Certification of custody officers. 123 Protection of prisoner custody officers. 124 Wrongful disclosure of information. 125 Interpretation of Chapter III. 126 Service in England and Wales and Northern Ireland. 127 Inducements to withhold services or to indiscipline. 127A Power to suspend the operation of section 127 128 Pay and related conditions. 128A Pay and related conditions: Northern Ireland 129 Transfer of persons detained by police and customs officers. 130 Detention and release of children: Scotland. 131 Conditions in licence of released prisoner: requirement for Parole Board recommendations. 132 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 Extension of categories of prisoner to whom Part I of Prisoners and Criminal Proceedings (Scotland) Act 1993 applies. 134 Amendment of provisions continued in effect for certain prisoners by Prisoners and Criminal Proceedings (Scotland) Act 1993. 135 Further amendment of Schedule 6 to the Prisoners and Criminal Proceedings (Scotland) Act 1993: application of “new provisions”. 136 Execution of warrants. 137 Cross-border powers of arrest etc. 137ZA Arrest under section 136 or 137 in connection with offence in Scotland 137A Additional cross-border powers of arrest etc: urgent cases 137B Meaning of “specified offence” for the purposes of section 137A 137C Detention for the purpose of re-arrest 137D Rights of persons arrested under section 137A 137E Entry and search for the purposes of arrest 138 Powers of arrest etc.: supplementary provisions. 139 Search powers available on arrests under sections 136, 137 and 137A. 140 Reciprocal powers of arrest. 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 Rape of women and men. 143 Male rape and buggery. 144 Revised penalties for buggery and indecency between men. 145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 Extension of Sexual Offences Act 1967 to the armed forces and merchant navy. 147 Homosexuality on merchant ships and in the armed forces: Northern Ireland. 148 Amendment of law relating to homosexual acts in Scotland. 149 Incorporation of the Parole Board. 150 Powers to recall prisoners released on licence. 151 Power to test prisoners for drugs. 152 Powers of search by authorised employees in prisons. 153 Prohibited articles in Scottish prisons. 154 Offence of causing intentional harassment, alarm or distress. 155 Offence of racially inflammatory publication etc. to be arrestable. 156 Prohibition on use of cells from embryos or foetuses. 157 Increase in penalties for certain offences. 158 Extradition procedures. 159 Backing of warrants: Republic of Ireland. 160 Extension of powers, etc., of constables to United Kingdom waters. 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Access to computer material by constables and other enforcement officers. 163 Local authority powers to provide closed-circuit television. 164 Extension of powers of Serious Fraud Office and of powers to investigate serious fraud in Scotland. 165 Enforcement of certain offences relating to copyright and illicit recordings. 166 Sale of tickets by unauthorised persons. 166A Supplementary provision relating to sale and disposal of tickets on internet 167 Touting for hire car services. 168 Minor and consequential amendments and repeals. 169 Power of Secretary of State to make payments or grants in relation to crime prevention, etc. 170 Security costs at party conferences. 171 Expenses etc. under Act. 172 Short title, commencement and extent. SCHEDULES SCHEDULE 1 Escort Arrangements: England and Wales SCHEDULE 2 Certification of Custody Officers: England and Wales SCHEDULE 3 Bail: Supplementary Provisions SCHEDULE 4 SCHEDULE 5 Magistrates’ Courts: Dealing with cases where accused pleads guilty SCHEDULE 6 Certification of Prisoner Custody Officers: Scotland SCHEDULE 7 Certification of Prisoner Custody Officers: Northern Ireland Schedule 7A Offences specified for the purposes of section 137A Schedule 7B Rights of persons arrested under section 137A: modifications SCHEDULE 8 Increase in Penalties SCHEDULE 9 Minor Amendments SCHEDULE 10 Consequential Amendments SCHEDULE 11 Repeals
What to do with it
As published
113 Provision of new prisons.
(1) The Scottish Ministers 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 Scottish Ministers or any other person.
(2) Section 106(1) and subsection (1) above are without prejudice to the Scottish Ministers 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 Scottish Ministers; and
(c) may be revoked by the Scottish Ministers 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 Scottish Ministers) 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 Scottish Ministers; or
(c) any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,
to be vested in the Scottish Ministers.
Your wording
Your change, as a redline
113 Provision of new prisons.
(1) The Scottish Ministers 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 Scottish Ministers or any other person.
(2) Section 106(1) and subsection (1) above are without prejudice to the Scottish Ministers 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 Scottish Ministers; and
(c) may be revoked by the Scottish Ministers 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 Scottish Ministers) 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 Scottish Ministers; or
(c) any heritable or moveable property belonging to any prison mentioned in paragraph (a) or (b) above,
to be vested in the Scottish Ministers.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.