Prison Act 1952

39 Assisting a prisoner to escape

(1) A person who— (a) assists a prisoner in escaping or attempting to escape from a prison, or (b) intending to facilitate the escape of a prisoner— (i) brings, throws or otherwise conveys anything into a prison, (ii) causes another person to bring, throw or otherwise convey anything into a prison, or (iii) gives anything to a prisoner or leaves anything in any place (whether inside or outside a prison), is guilty of an offence. (2) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding ten years.

40A Sections 40B and 40C: classification of articles

(1) This section defines the categories of articles which are referred to in sections 40B and 40C. (2) A List A article is any article or substance in the following list (“List A”)— (a) a controlled drug (as defined for the purposes of the Misuse of Drugs Act 1971); (b) an explosive; (c) any firearm or ammunition (as defined in section 57 of the Firearms Act 1968); (d) any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984). (3) A List B article is any article or substance in the following list (“List B”)— (a) alcohol (as defined for the purposes of the Licensing Act 2003); (b) a mobile telephone; (c) a camera; (d) a sound-recording device. (4) In List B— “camera” includes any device by means of which a photograph (as defined in section 40E) can be produced; “sound-recording device” includes any device by means of which a sound-recording (as defined in section 40E) can be made. (5) The reference in paragraph (b), (c) or (d) of List B to a device of any description includes a reference to— (a) a component part of a device of that description; or (b) an article designed or adapted for use with a device of that description (including any disk, film or other separate article on which images, sounds or information may be recorded). (6) A List C article is any article or substance prescribed for the purposes of this subsection by prison rules. (7) The Secretary of State may by order amend this section for the purpose of— (a) adding an entry to List A or List B; (b) repealing or modifying any entry for the time being included in List A or List B; (c) adding, repealing or modifying any provision for the interpretation of any such entry.

40B Conveyance etc. of List A articles into or out of prison

(1) A person who, without authorisation— (a) brings, throws or otherwise conveys a List A article into or out of a prison, (b) causes another person to bring, throw or otherwise convey a List A article into or out of a prison, (c) leaves a List A article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner, or (d) knowing a person to be a prisoner, gives a List A article to him, is guilty of an offence. (2) In this section “authorisation” means authorisation given for the purposes of this section— (a) in relation to all prisons or prisons of a specified description, by prison rules or by the Secretary of State; or (b) in relation to a particular prison, by the Secretary of State or by the governor or director of the prison. In paragraph (a) “specified” means specified in the authorisation. (3) Authorisation may be given to specified persons or persons of a specified description— (a) in relation to specified articles or articles of a specified description; (b) in relation to specified acts or acts of a specified description; or (c) on such other terms as may be specified. In this subsection “specified” means specified in the authorisation. (4) Authorisation given by the Secretary of State otherwise than in writing shall be recorded in writing as soon as is reasonably practicable after being given. (5) Authorisation given by the governor or director of a prison shall— (a) be given in writing; and (b) specify the purpose for which it is given. (6) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding ten years or to a fine (or both).

40C Conveyance etc. of List B or C articles into or out of prison

(1) A person who, without authorisation— (a) brings, throws or otherwise conveys a List B article into or out of a prison, (b) causes another person to bring, throw or otherwise convey a List B article into or out of a prison, (c) leaves a List B article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner, or (d) knowing a person to be a prisoner, gives a List B article to him, is guilty of an offence. (2) A person who, without authorisation— (a) brings, throws or otherwise conveys a List C article into a prison intending it to come into the possession of a prisoner, (b) causes another person to bring, throw or otherwise convey a List C article into a prison intending it to come into the possession of a prisoner, (c) brings, throws or otherwise conveys a List C article out of a prison on behalf of a prisoner, (d) causes another person to bring, throw or otherwise convey a List C article out of a prison on behalf of a prisoner, (e) leaves a List C article in any place (whether inside or outside a prison) intending it to come into the possession of a prisoner, or (f) while inside a prison, gives a List C article to a prisoner, is guilty of an offence. (3) A person who attempts to commit an offence under subsection (2) is guilty of that offence. (4) In proceedings for an offence under this section it is a defence for the accused to show that— (a) he reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or (b) in all the circumstances there was an overriding public interest which justified the doing of that act. (5) A person guilty of an offence under subsection (1) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both); (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or both). (6) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale. (7) In this section “authorisation” means authorisation given for the purposes of this section; and subsections (1) to (3) of section 40E apply in relation to authorisations so given as they apply to authorisations given for the purposes of section 40D.

40CA Unauthorised possession in prison of knife or offensive weapon

(1) A person who, without authorisation, is in possession of an article specified in subsection (2) inside a prison is guilty of an offence. (2) The articles referred to in subsection (1) are— (a) any article that has a blade or is sharply pointed; (b) any other offensive weapon (as defined in section 1(9) of the Police and Criminal Evidence Act 1984). (3) In proceedings for an offence under this section it is a defence for the accused to show that— (a) he reasonably believed that he had authorisation to be in possession of the article in question, or (b) in all the circumstances there was an overriding public interest which justified his being in possession of the article. (4) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding four years or to a fine (or both); (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both). (5) In this section “authorisation” means authorisation given for the purposes of this section; and subsections (1) to (3) of section 40E apply in relation to authorisations so given as they apply to authorisations given for the purposes of section 40D.

40CB Throwing articles into prison

(1) A person who, without authorisation, throws any article or substance into a prison is guilty of an offence. (2) For the purposes of subsection (1)— (a) the reference to an article or substance does not include a reference to a List A article, a List B article or a List C article (as defined by section 40A); (b) the reference to “throwing” an article or substance into a prison includes a reference to doing anything from outside the prison that results in the article or substance being projected or conveyed over or through a boundary of the prison so as to land inside the prison. (3) In proceedings for an offence under this section it is a defence for the accused to show that— (a) he reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or (b) in all the circumstances there was an overriding public interest which justified the doing of that act. (4) A person guilty of an offence under subsection (1) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both); (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both). (5) In this section “authorisation” means authorisation given for the purposes of this section; and subsections (1) to (3) of section 40E apply in relation to authorisations so given as they apply to authorisations given for the purposes of section 40D.

40D Other offences relating to prison security

(1) A person who, without authorisation— (a) takes a photograph, or makes a sound-recording, inside a prison, or (b) transmits, or causes to be transmitted, any image , sound or information from inside a prison by electronic communications for simultaneous reception outside the prison, is guilty of an offence. (2) It is immaterial for the purposes of subsection (1)(a) where the recording medium is located. (3) A person who, without authorisation— (a) brings or otherwise conveys a restricted document out of a prison or causes such a document to be brought or conveyed out of a prison, or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is guilty of an offence. (3A) A person who, without authorisation, is in possession of any of the items specified in subsection (3B) inside a prison is guilty of an offence. (3B) The items referred to in subsection (3A) are— (a) a device capable of transmitting or receiving images, sounds or information by electronic communications (including a mobile telephone); (b) a component part of such a device; (c) an article designed or adapted for use with such a device (including any disk, film or other separate article on which images, sounds or information may be recorded). (4) In proceedings for an offence under this section it is a defence for the accused to show that— (a) he reasonably believed that he had authorisation to do the act in respect of which the proceedings are brought, or (b) in all the circumstances there was an overriding public interest which justified the doing of that act. (5) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both); or (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum (or both).

40E Section 40D: meaning of “authorisation” and other interpretation

(1) In section 40D (and the following provisions of this section) “authorisation” means authorisation given for the purposes of that section— (a) in relation to all prisons or prisons of a specified description, by prison rules or by the Secretary of State; (b) in relation to a particular prison— (i) by the Secretary of State; (ii) by the governor or director of the prison; (iii) by a person working at the prison who is authorised by the governor or director to grant authorisation on his behalf. In paragraph (a) “specified” means specified in the authorisation. (2) Authorisation may be given— (a) to persons generally or to specified persons or persons of a specified description; and (b) on such terms as may be specified. In this subsection “specified” means specified in the authorisation. (3) Authorisation given by or on behalf of the governor or director of a prison must be in writing. (4) In section 40D “restricted document” means the whole (or any part of)— (a) a photograph taken inside the prison; (b) a sound-recording made inside the prison; (c) a personal record (or a document containing information derived from a personal record); (d) any other document which contains— (i) information relating to an identified or identifiable relevant individual, if the disclosure of that information would or might prejudicially affect the interests of that individual; or (ii) information relating to any matter connected with the prison or its operation, if the disclosure of that information would or might prejudicially affect the security or operation of the prison. (5) In subsection (4)— “personal record” means any record which is required by prison rules to be prepared and maintained in relation to any prisoner (and it is immaterial whether or not the individual concerned is still a prisoner at the time of any alleged offence); “relevant individual” means an individual who is or has at any time been— a prisoner or a person working at the prison; or a member of such a person's family or household. (6) In section 40D and this section— “document” means anything in which information is recorded (by whatever means); “electronic communications” has the same meaning as in the Electronic Communications Act 2000 (c. 7); “photograph” means a recording on any medium on which an image is produced or from which an image (including a moving image) may by any means be produced; and “sound-recording” means a recording of sounds on any medium from which the sounds may by any means be reproduced.

40F Offences under sections 40B to 40D: extension of Crown immunity

(1) An individual who— (a) works at a prison; (b) does not do that work as a servant or agent of the Crown; and (c) has been designated by the Secretary of State for the purposes of this section, shall be treated for the purposes of the application of sections 40B to 40D as if he were doing that work as a servant or agent of the Crown. (2) A designation for the purposes of this section may be given— (a) in relation to persons specified in the designation or persons of a description so specified; and (b) in relation to all work falling within subsection (1)(a) or only in relation to such activities as the designation may provide.

41 Unlawful introduction of other articles.

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42 Display of notice of penalties.

The Prison Commissioners shall cause to be fixed in a conspicuous place outside every prison a notice of the penalties to which persons committing offences under sections 39 to 40D are liable.

42A Disposal of unauthorised or unattributable property

(1) The governor or director of a prison may destroy or otherwise dispose of, or arrange for the destruction or other disposal of— (a) an article found in the possession of a prisoner who is not authorised to have it in his or her possession, or (b) an article found inside the prison or in a prisoner escort vehicle, otherwise than in the possession of a prisoner, where— (i) the owner of the article is a prisoner who is not authorised to have it in his or her possession, or (ii) the owner of the article cannot be ascertained. (2) An article which a prisoner is authorised to have in his or her possession is to be treated for the purposes of subsection (1) as not so authorised where the governor or director of the prison reasonably believes that the article is being, has been or may be used for any of the purposes mentioned in subsection (3). (3) Those purposes are— (a) concealing an article which a prisoner is not authorised to have in his or her possession; (b) causing harm to the prisoner or others; (c) prejudicing the security or operation of the prison. (4) Where a prisoner is authorised to have an article in his or her possession in a particular part of the prison, subsection (1)(a) or (b)(i) applies only where the property is found otherwise than in that part. (5) In this section— (a) “authorised” means authorised in accordance with prison rules or by the governor or director of the prison; (b) “prisoner escort vehicle” means a vehicle used for taking a prisoner to or from a prison or other place while in custody; (c) references to disposing of an article include selling it. (6) The power under subsection (1)— (a) may be exercised in relation to a relevant article found before the day on which this section comes into force if the article remains unclaimed at the end of six months beginning with that day; (b) may not otherwise be exercised in relation to an article found before that day. (7) In subsection (6)(a) “relevant article” means an article specified in section 40A(3)(c) or (d) (cameras and sound-recording devices) or section 40D(3B) (devices capable of transmitting or receiving images, sounds or information by electronic communications, etc).

43 Remand centres, detention centres and youth custody centres. Places for the detention of young offenders etc

(1) The Secretary of State may provide— (a) remand centres, that is to say places for the detention of persons not less than 14 but under 21 years of age who are remanded or committed in custody for trial or sentence; (aa) young offender institutions, that is to say places for the detention of offenders sentenced to detention in a young offender institution or to custody for life; or other persons who may be lawfully detained there (b) (c) (d) secure training centres, that is to say places in which offenders in respect of whom detention and training orders have been made under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 may be detained and given training and education and prepared for their release. and in which children who have been remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 may be detained (2) The Secretary of State may from time to time direct— (a) that a woman aged 21 years or over who is serving a sentence of imprisonment or who has been committed to prison for default shall be detained in a remand centre or a youth custody centre instead of a prison: (b) that a woman aged 21 years or over who is remanded in custody or committed in custody for trial or sentence shall be detained in a remand centre instead of a prison; (c) that a person under 21 but not less than 17 years of age who is remanded in custody or committed in custody for trial or sentence shall be detained in a prison instead of a remand centre or a remand centre instead of a prison, notwithstanding anything in section 27 of the Criminal Justice Act 1948 or section 23(3) of the Children and Young Persons Act 1969. (3) Notwithstanding subsection (1) above, any person required to be detained in an institution to which this Act applies may be detained in a remand centre for any temporary purpose and a person [aged 18 years] or over may be detained in such a centre for the purpose of providing maintenance and domestic services for that centre. (4) Sections 5A, 6(2) and (3), 16, 22, 25 , 36 and 42A of this Act shall apply to remand centres, detention centres and youth custody centres and to persons detained in them as they apply to prisons and prisoners. (4A) Sections 16, 22 , 36 and 42A of this Act shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners. (5) The other provisions of this Act preceding this section, except section 28 above, shall apply to centres of the descriptions specified in subsection (4) above and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptation and modifications as may be specified in rules made by the Secretary of State. (5A) The other provisions of this Act preceding this section, except sections 5, 5A, 6(2) and (3), 12, 14, 19, 25 and 28 above, shall apply to secure training centres and to persons detained in them as they apply to prisons and prisoners, but subject to such adaptations and modifications as may be specified in rules made by the Secretary of State. (6) References in the preceding provisions of this Act to imprisonment shall, so far as those provisions apply to institutions provided under this section, be construed as including references to detention in those institutions. (7) Nothing in this section shall be taken to prejudice the operation of section 108(5) of the Powers ofCriminal Courts (Sentencing) Act 2000. (8) The application of this Act to a person on whom a custodial sentence (within the meaning of the Armed Forces Act 2006) has been passed in respect of a service offence (within the meaning of that Act) is not affected by the omission from subsection (1) of a reference to that sentence. (1) The Secretary of State may provide the following places for the detention of young persons sentenced to detention for an offence or remanded to custody (or for the detention of a class of such persons)— (a) young offender institutions, (b) secure training centres, and (c) secure colleges. (2) In subsection (1), “young person” means a person who is aged under 18 or who was aged under 18 when convicted of the offence or remanded. (3) Sections 1 to 42A and Schedule A1 (“the prisons provisions”) apply in relation to places listed in subsection (1) and to persons detained in them as they apply to prisons and prisoners, subject to subsections (4) to (7). (4) The following provisions do not apply in relation to the following places— Place | Provisions Young offender institutions | Section 28 Secure training centres or secure colleges | Sections ... 6(2) and (3), 12, 14, 19 and 28 (5) In their application in relation to secure colleges, the prisons provisions apply as if references to the governor and deputy governor were references to the principal and deputy principal. (6) In their application in relation to places listed in subsection (1), the prisons provisions apply— (a) as if references to imprisonment included references to detention in those places, and (b) subject to any other modifications specified in rules made by the Secretary of State (but see subsection (7)). (7) The following provisions, as they apply in relation to the following places, may not be modified by rules made under this section— Place | Provisions Young offender institutions | Sections 5A, 6(2) and (3), 16, 22, 36 and 42A and Schedule A1 Secure training centres or secure colleges | Sections 5A, 16, 22, 36 and 42A and Schedule A1 (8) Rules made under this section may— (a) make different provision for different cases; (b) contain transitional, transitory or saving provision. (9) The references in this section to a young person sentenced to detention— (a) include a person sentenced to a detention and training order or an order under section 211 of the Armed Forces Act 2006; (b) do not include a person sentenced to service detention within the meaning of the Armed Forces Act 2006. (10) Subsections (11) to (13) have effect in relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution). (11) Subsection (2) of this section, as it applies for the purposes of the power under subsection (1) to provide young offender institutions, has effect as if for “18”, in each place, there were substituted “ 21 ”. (12) The Secretary of State may from time to time direct that a woman aged 21 or over who is serving a sentence of imprisonment or who has been committed to prison for default is to be detained in a young offender institution. (13) Nothing in this section prejudices the operation of section 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000 (detention of persons aged at least 18 but under 21 for default or contempt).

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47 Rules for the management of prisons and places for the detention of young offenders

(1) The Secretary of State may make rules for the regulation and management of prisons, remand centres , young offender institutions , secure training centres or secure colleges, and for the classification, treatment, employment, discipline and control of persons required to be detained therein. (2) Rules made under this section shall make provision for ensuring that a person who is charged with any offence under the rules shall be given a proper opportunity of presenting his case. (3) Rules made under this section may provide for the training of particular classes of persons and their allocation for that purpose to any prison or other institution in which they may lawfully be detained. (3A) Rules made under this section may specify any substance or product ... in relation to which a person may be required to provide a sample for the purposes of section 16A of this Act ; but a substance or product may not be specified if it is— (a) a controlled drug, (b) a pharmacy medicine, (c) a prescription only medicine, or (d) a psychoactive substance within the meaning of section 16A. (4) Rules made under this section shall provide for the special treatment of the following persons whilst required to be detained in a prison, that is to say— (a)—(c) . . . (d) any . . . person detained in a prison, not being a person serving a sentence or a person imprisoned in default of payment of a sum adjudged to be paid by him on his conviction or a person committed to custody on his conviction. (4A) Rules made under this section shall provide for — (a) the inspection of secure training centres and secure colleges, and (b) the appointment of independent persons to visit them and to whom representations may be made by offenders detained there . (5) Rules made under this section may provide for the temporary release of persons detained in a prison, remand centre , young offender institution , secure training centre or secure college not being persons committed in custody for trial before the Crown Courtor committed to be sentenced or otherwise dealt with by the Crown Courtor remanded in custody by any court.

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49 Persons unlawfully at large.

(1) Any person who, having been sentenced to imprisonment or custody for life or ordered to be detained in youth detention accommodation or in a young offenders institution, or having been committed to a prison or remand centre, is unlawfully at large, may be arrested by a constable without warrant and taken to the place in which he is required in accordance with law to be detained. (2) Where any person sentenced to imprisonment, or ordered to be detained in youth detention accommodation or in a young offenders institution is unlawfully at large at any time during the period for which he is liable to be detained in pursuance of the sentence or order, then, unless the Secretary of State otherwise directs, no account shall be taken, in calculating the period for which he is liable to be so detained, of any time during which he is absent from the place in which he is required in accordance with law to be detained: Provided that— (a) this subsection shall not apply to any period during which any such person as aforesaid is detained in pursuance of the sentence or order or in pursuance of any other sentence of any court in the United Kingdomin a prison or remand centre, in youth detention accommodation or in a young offenders institution; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . (3) The provisions of the last preceding subsection shall apply to a person who is detained in custody in default of payment of any sum of money as if he were sentenced to imprisonment. (3A) Where— (a) a person is extradited to the United Kingdom from a category 1 territory for the purpose of serving a term of imprisonment or another form of detention mentioned in subsection (2) of this section, and (b) the person was for any time kept in custody in that territory with a view to the extradition (and not also for any other reason), the Secretary of State shall exercise the power under that subsection to direct that account shall be taken of that time in calculating the period for which the person is liable to be detained. (3B) In subsection (3A) of this section “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act. (4) For the purposes of this section a person who, after being temporarily released in pursuance of rules made under subsection (5) of section forty–seven of this Act, is at large at any time during the period for which he is liable to be detained in pursuance of his sentence shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made by the Secretary of Statein pursuance of the rules. (4ZA) For the purposes of this section a person who, after being temporarily released in pursuance of section 163 of the Police, Crime, Sentencing and Courts Act 2022 (temporary release from a secure children’s home), is at large at any time during the period for which they are liable to be detained pursuant to their sentence shall be deemed to be unlawfully at large if the period for which they were temporarily released has expired or if they have been recalled under that section. (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section “ “youth detention accommodation” ” means— (a) a young offender institution; (b) a secure training centre; (ba) a secure college; or (c) any other accommodation that is youth detention accommodation within the meaning given by section 248(1) of the Sentencing Code (detention and training orders).

50 Application of certain provisions to remand homes and attendance centres.

Subsection (1) of section eighteen of this Act shall apply to attendance centres as it applies to prisons . . .

51 Payment of expenses out of moneys provided by Parliament.

All expenses incurred in the maintenance of prisons and in the maintenance of prisoners and all other expenses of the Secretary of State . . . incurred under this Act shall be defrayed out of moneys provided by Parliament.

52 Exercise of power to make orders, rules and regulations.

(1) Any power of the Secretary of State to make rules or regulations under this Act and the power of the Secretary of State to make an order under section thirty–four ... or 40A of this Act or under Schedule A1 to this Act shall be exercisable by statutory instrument. (2) Any statutory instrument containing regulations made under section sixteen ... . . . shall be laid before Parliament. (2A) A statutory instrument containing an order under section 40A(7) which relates to List A (whether or not it also relates to List B) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. (2B) A statutory instrument containing an order under section 40A(7) which relates only to List B is subject to annulment in pursuance of a resolution of either House of Parliament. (2C) A statutory instrument containing regulations under section 16A(4) shall not be made unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament. (2A) A statutory instrument containing an order under Schedule A1 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (3) The power of the Secretary of State to make an order under section six or section thirty–four of this Act or under Schedule A1 to this Act shall include power to revoke or vary such an order. (4) A statutory instrument containing rules under section 47 or 47A is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (5). (5) A statutory instrument containing rules under section 47 that (whether alone or with other provision)— (a) authorise a secure college custody officer performing custodial duties at a secure college to use reasonable force, or (b) otherwise make a substantive change to the circumstances in which such an officer is authorised to do so, may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (6) In subsection (5), “secure college custody officer” has the same meaning as in Schedule 10 to the Criminal Justice and Courts Act 2015.

53 Interpretation.

(1) In this Act the following expressions have the following meanings:— “Attendance centre” means a centre provided by the Secretary of State under section 221 of the Criminal Justice Act 2003 ; “Prison” does not include a naval, military or air force prison; . . . (2) For the purposes of this Act the maintenance of a prisoner shall include all necessary expenses incurred in respect of the prisoner for food, clothing, custody and removal from one place to another, from the period of his committal to prison until his death or discharge from prison. (3) References in this Act to the Church of England shall be construed as including references to the Church in Wales. (4) References in this Act to any enactment shall be construed as references to that enactment as amended by any other enactment.

54 Consequential amendments, repeals and savings.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Nothing in this repeal shall affect any rule, order, regulation or declaration made, direction or certificate given or thing done under any enactment repealed by this Act and every such rule, order, regulation, direction, certificate or thing shall, if in force at the commencement of this Act, continue in force and be deemed to have been made, given or done under the corresponding provision of this Act. (4) Any document referring to any Act or enactment repealed by this Act shall be construed as referring to this Act or to the corresponding enactment in this Act. (5) The mention of particular matters in this section shall not be taken to affect the general application to this Act of section thirty–eight of the Interpretation Act 1889 (which relates to the effect of repeals).

55 Short title, commencement and extent.

(1) This Act may be cited as the Prison Act 1952. (2) This Act shall come into operation on the first day of October, nineteen hundred and fifty–two. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Except as provided in . . . the Criminal Justice Act 1961, this Act shall not extend to Scotland. (5) This Act shall not extend to Northern Ireland. (6) But (despite subsections (4) and (5)) the following shall extend to England and Wales, Scotland and Northern Ireland— (a) section 5A(5A) and (5B), and (b) section 5A(2) to (5) in so far as they apply by virtue of section 5A(5A).

SCHEDULE A1 Further provision about Her Majesty's Chief Inspector of Prisons

Section 5A Delegation of functions 1 (1) The Chief Inspector may delegate any of his functions (to such extent as he may determine) to another public authority. (2) If the carrying out of an inspection is delegated under sub-paragraph (1) above it is nevertheless to be regarded for the purposes of section 5A of this Act and this Schedule as carried out by the Chief Inspector. (3) In this Schedule “public authority” includes any person certain of whose functions are functions of a public nature. Inspection programmes and inspection frameworks 2 (1) The Chief Inspector shall from time to time, or at such times as the Secretary of State may specify by order, prepare— (a) a document setting out what inspections he proposes to carry out (an “inspection programme”); (b) a document setting out the manner in which he proposes to carry out his functions of inspecting and reporting (an “inspection framework”). (2) Before preparing an inspection programme or an inspection framework the Chief Inspector shall consult the Secretary of State and (subject to sub-paragraph (3) below)— (a) Her Majesty's Chief Inspector of Constabulary, (b) Her Majesty's Chief Inspector of the Crown Prosecution Service, (c) Her Majesty’s Chief Inspector of Probation for England and Wales , (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) the Care Quality Commission, (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) the Auditor General for Wales, ... (ia) the Commissioner for Victims and Witnesses, and (j) any other person or body specified by an order made by the Secretary of State, and he shall send to each of those persons or bodies a copy of each programme or framework once it is prepared. (3) The requirement in sub-paragraph (2) above to consult, and to send copies to, a person or body listed in paragraphs (a) to (j) of that sub-paragraph is subject to any agreement made between the Chief Inspector and that person or body to waive the requirement in such cases or circumstances as may be specified in the agreement. (4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks are to take. (5) Nothing in any inspection programme or inspection framework is to be read as preventing the Chief Inspector from making visits without notice. Inspections by other inspectors of organisations within Chief Inspector's remit 3 (1) If— (a) a person or body within sub-paragraph (2) below is proposing to carry out an inspection that would involve inspecting a specified organisation, and (b) the Chief Inspector considers that the proposed inspection would impose an unreasonable burden on that organisation, or would do so if carried out in a particular manner, the Chief Inspector shall, subject to sub-paragraph (7) below, give a notice to that person or body not to carry out the proposed inspection, or not to carry it out in that manner. (2) The persons or bodies within this sub-paragraph are— (a) Her Majesty’s Inspectorate of Probation for England and Wales ; (b) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) the Care Quality Commission; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The Secretary of State may by order amend sub-paragraph (2) above. (4) In sub-paragraph (1)(a) above “specified organisation” means a person or body specified by an order made by the Secretary of State. (5) A person or body may be specified under sub-paragraph (4) above only if it exercises functions in relation to any prison or other institution or matter falling with the scope of the Chief Inspector's duties under section 5A of this Act. (6) A person or body may be specified under sub-paragraph (4) above in relation to particular functions that it has. In the case of a person or body so specified, sub-paragraph (1)(a) above is to be read as referring to an inspection that would involve inspecting the discharge of any of its functions in relation to which it is specified. (7) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. (8) Where a notice is given under this paragraph, the proposed inspection is not to be carried out, or (as the case may be) is not to be carried out in the manner mentioned in the notice. This is subject to sub-paragraph (9) below. (9) The Secretary of State, if satisfied that the proposed inspection— (a) would not impose an unreasonable burden on the organisation in question, or (b) would not do so if carried out in a particular manner, may give consent to the inspection being carried out, or being carried out in that manner. (10) The Secretary of State may by order make provision supplementing that made by this paragraph, including in particular— (a) provision about the form of notices; (b) provision prescribing the period within which notices are to be given; (c) provision prescribing circumstances in which notices are, or are not, to be made public; (d) provision for revising or withdrawing notices; (e) provision for setting aside notices not validly given. Co-operation 4 The Chief Inspector shall co-operate with— (a) Her Majesty's Inspectors of Constabulary, (b) Her Majesty's Chief Inspector of the Crown Prosecution Service, (c) Her Majesty’s Inspectorate of Probation for England and Wales , (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) Her Majesty's Chief Inspector of Education, Children's Services and Skills, (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) the Auditor General for Wales, and (j) any other public authority specified by an order made by the Secretary of State, where it is appropriate to do so for the efficient and effective discharge of his functions. Joint action 5 (1) The Chief Inspector may act jointly with another public authority where it is appropriate to do so for the efficient and effective discharge of his functions. (2) The Chief Inspector, acting jointly with the chief inspectors within sub-paragraph (3) below, shall prepare a document (a “joint inspection programme”) setting out— (a) what inspections he proposes to carry out in the exercise of the power conferred by sub-paragraph (1) above, and (b) what inspections the chief inspectors within sub-paragraph (3) below (or their inspectorates) propose to carry out in the exercise of any corresponding powers conferred on them. (3) The chief inspectors within this sub-paragraph are— (a) Her Majesty's Chief Inspector of Constabulary; (b) Her Majesty's Chief Inspector of the Crown Prosecution Service; (c) Her Majesty’s Chief Inspector of Probation for England and Wales ; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A joint inspection programme shall be prepared from time to time or at such times as the Secretary of State, the Lord Chancellor and the Attorney General may jointly direct. (5) Sub-paragraphs (2), (3) and (5) of paragraph 2 above apply to a joint inspection programme as they apply to a document prepared under that paragraph. (6) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction specify the form that a joint inspection programme is to take. (7) The Secretary of State, the Lord Chancellor and the Attorney General may by a joint direction require a joint inspection programme to include provision for the inspection, at specified times, of specified matters relating to the experiences and treatment of victims. (8) In sub-paragraph (7)— “specified” means specified in the direction; “victim” has the meaning given by section 1 of the Victims and Prisoners Act 2024. Assistance for other public authorities 6 (1) The Chief Inspector may if he thinks it appropriate to do so provide assistance to any other public authority for the purpose of the exercise by that authority of its functions. (1A) The Chief Inspector may do anything the Chief Inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities). (2) Anything done under this paragraph may be done on such terms (including terms as to payment) as the Chief Inspector thinks fit. Joint inspection of courts 7. (1) The Chief Inspector may inspect any aspect of the Crown Court or magistrates’ courts in relation to their criminal jurisdiction which could have been inspected by Her Majesty’s Inspectorate of Court Administration immediately before its abolition. (2) Sub-paragraph (1) applies only if the inspection includes matters other than any aspect of the Crown Court or magistrates’ courts. (3) The power of the Chief Inspector under this paragraph is in addition to the power under paragraph 5 to act jointly with another public authority.

FIRST AND SECOND SCHEDULES . . .

THIRD SCHEDULE . . .

FOURTH SCHEDULE . . .