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In force since 2026-05-11, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Prison Act 1952 1952 c.52 An Act to consolidate certain enactments relating to prisons and other institutions for offenders and related matters with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949. [1st August 1952]
Propose a changeAll powers and jurisdiction in relation to prisons and prisoners which before the commencement of the Prison Act 1877 were exercisable by any other authority shall, subject to the provisions of this Act, be exercisable by the Secretary of State.
Propose a change(1) The Secretary of State may, for the purposes of this Act, appoint such officers and employ such other persons as he may, with the sanction of the Minister for the Civil Service as to number, determine. (2) There shall be paid out of moneys provided by Parliament to the officers and servants appointed under this section such salaries as the Secretary of State may with the consent of the Minister for the Civil Service determine.
Propose a change(1) The Secretary of State shall have the general superintendence of prisons and shall make the contracts and do the other acts necessary for the maintenance of prisons and the maintenance of prisoners. (2) Officers of the Secretary of State duly authorised in that behalf, shall visit all prisons and examine the state of buildings, the conduct of officers, the treatment and conduct of prisoners and all other matters concerning the management of prisons and shall ensure that the provisions of this Act and of any rules made under this Act are duly complied with. (3) The Secretary of State and his officers may exercise all powers and jurisdiction exercisable at common law, by Act of Parliament, or by charter by visiting justices of a prison.
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Propose a change(1) Her Majesty may appoint a person to be Chief Inspector of Prisons. (2) It shall be the duty of the Chief Inspector to inspect or arrange for the inspection of prisons in England and Wales and to report to the Secretary of State on them. (3) The Chief Inspector shall in particular report to the Secretary of State on the treatment of prisoners and conditions in prisons. (4) The Secretary of State may refer specific matters connected with prisons in England and Wales and prisoners in them to the Chief Inspector and direct him to report on them. (5) The Chief Inspector shall in each year submit to the Secretary of State a report in such form as the Secretary of State may direct, and the Secretary of State shall lay a copy of that report before Parliament. (5A) Subsections (2) to (5) shall apply— (a) in relation to removal centres within the meaning of section 147 of the Immigration and Asylum Act 1999 (c. 33), (b) in relation to short-term holding facilities within the meaning of that section, ... (ba) in relation to pre-departure accommodation within the meaning of that section, and (c) in relation to escort arrangements within the meaning of that section. (5B) In their application by virtue of subsection (5A) subsections (2) to (5)— (a) shall apply to centres, facilities , accommodation and arrangements anywhere in the United Kingdom, and (b) shall have effect— (i) as if a reference to prisons were a reference to removal centres, short-term holding facilities , pre-departure accommodation and escort arrangements, (ii) as if a reference to prisoners were a reference to detained persons and persons to whom escort arrangements apply, and (iii) with any other necessary modifications. (5C) The Chief Inspector shall also inspect or arrange for the inspection of— (a) areas of the Crown Court, county courts and magistrates’ courts where prisoners are detained in custody; and (b) any vehicle used to transport prisoners in custody to and from the Crown Court, county courts or magistrates’ courts, and shall report to the Secretary of State on them. (6) The Chief Inspector shall be paid such salary and allowances as the Secretary of State may with the consent of the Treasury determine. (7) Schedule A1 to this Act (which makes further provision about the Chief Inspector) has effect.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The Secretary of State shall appoint for every prison . . . a group of independent monitors of whom not less than two shall be justices of the peace. (2A) The groups so appointed are to be known as independent monitoring boards. (3) Rules made as aforesaid shall prescribe the functions of . . . independent monitoring boards and shall among other things require members to pay frequent visits to the prison and hear any complaints which may be made by the prisoners and report to the Secretary of State any matter which they consider it expedient to report; and any member of an independent monitoring board may at any time enter the prison and shall have free access to every part of it and to every prisoner. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Every prison shall have a governor, a chaplain ... and such other officers as may be necessary. (2) Every prison in which women are received shall have a sufficient number of women officers; . . . (3) A prison which in the opinion of the Secretary of State is large enough to require it may have a deputy governor or an assistant chaplain or both. (4) The chaplain and any assistant chaplain shall be a clergyman of the Church of England ... . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeEvery prison officer while acting as such shall have all the powers, authority, protection and privileges of a constable.
Propose a change(1) An authorised person at a prison shall have the power to search any prisoner for the purpose of ascertaining whether he has any unauthorised property on his person. (2) An authorised person searching a prisoner by virtue of this section— (a) shall not be entitled to require a prisoner to remove any of his clothing other than an outer coat, jacket, headgear, gloves and footwear; (b) may use reasonable force where necessary; and (c) may seize and detain any unauthorised property found on the prisoner in the course of the search. (3) In this section “authorised person ” means a person working at the prison, of a description for the time being authorised by the governor to exercise the powers conferred by this section. (4) The governor of a prison shall take such steps as he considers appropriate to notify to prisoners the descriptions of persons who are for the time being authorised to exercise the powers conferred by this section. (5) In this section “unauthorised property”, in relation to a prisoner, means property which the prisoner is not authorised by prison rules or by the governor to have in his possession or, as the case may be, in his possession in a particular part of the prison.
Propose a change(1) A person shall not officiate as chaplain of two prisons unless the prisons are within convenient distance of each other and are together designed to receive not more than one hundred prisoners. (2) Notice of the nomination of a chaplain or assistant chaplain to a prison shall, within one month after it is made, be given to the bishop of the diocese in which the prison is situate; and the chaplain or assistant chaplain shall not officiate in the prison except under the authority of a licence from the bishop.
Propose a change(1) Where in any prison the number of prisoners who belong to a religious denomination other than the Church of England is such as in the opinion of the Secretary of State to require the appointment of a minister of that denomination, the Secretary of State may appoint such a minister to that prison. (2) The Secretary of State may pay a minister appointed under the preceding subsection such remuneration as he thinks reasonable. (3) The Secretary of State may allow a minister of any denomination other than the Church of England to visit prisoners of his denomination in a prison to which no minister of that denomination has been appointed under this section. (4) No prisoner shall be visited against his will by such a minister as is mentioned in the last preceding subsection; but every prisoner not belonging to the Church of England shall be allowed, in accordance with the arrangements in force in the prison in which he is confined, to attend chapel or to be visited by the chaplain. (5) The governor of a prison shall on the reception of each prisoner record the religious denomination to which the prisoner declares himself to belong, and shall give to any minister who under this section is appointed to the prison or permitted to visit prisoners therein a list of the prisoners who have declared themselves to belong to his denomination; and the minister shall not be permitted to visit any other prisoners.
Propose a change(1) Where any living accommodation is provided for a prison officer or his family by virtue of his office, then, if he ceases to be a prison officer or is suspended from office or dies, he, or, as the case may be, his family, shall quit the accommodation when required to do so by notice of the Secretary of State. (2) Where a prison officer or the family of a prison officer refuses or neglects to quit the accommodation forty–eight hours after the giving of such a notice as aforesaid, any two justices of the peace, on proof made to them of the facts authorising the giving of the notice and of the service of the notice and of the neglect or refusal to comply therewith, may, by warrant under their hands and seals, direct any constable, within a period specified in the warrant, to enter by force, if necessary, into the accommodation and deliver possession of it to a person acting on behalf of the Secretary of State.
Propose a change(1) A prisoner, whether sentenced to imprisonment or committed to prison on remand or pending trial or otherwise, may be lawfully confined in any prison. (2) Prisoners shall be committed to such prisons as the Secretary of State may from time to time direct; and may by direction of the Secretary of State be removed during the term of their imprisonment from the prison in which they are confined to any other prison. (3) A writ, warrant or other legal instrument addressed to the governor of a prison and identifying that prison by its situation or by any other sufficient description shall not be invalidated by reason only that the prison is usually known by a different description.
Propose a change(1) Every prisoner shall be deemed to be in the legal custody of the governor of the prison. (2) A prisoner shall be deemed to be in legal custody while he is confined in, or is being taken to or from, any prison and while he is working, or is for any other reason, outside the prison in the custody or under the control of an officer of the prison and while he is being taken to any place to which he is required or authorised by or under this Act or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000 or section 271, 276 or 329 of the Sentencing Code to be taken, or is kept in custody in pursuance of any such requirement or authorisation.
Propose a change(1) The Secretary of State shall satisfy himself from time to time that in every prison sufficient accommodation is provided for all prisoners. (2) No cell shall be used for the confinement of a prisoner unless it is certified by an inspector that its size, lighting, heating, ventilation and fittings are adequate for health and that it allows the prisoner to communicate at any time with a prison officer. (3) A certificate given under this section in respect of any cell may limit the period for which a prisoner may be separately confined in the cell and the number of hours a day during which a prisoner may be employed therein. (4) The certificate shall identify the cell to which it relates by a number or mark and the cell shall be marked by that number or mark placed in a conspicuous position; and if the number or mark is changed without the consent of an inspector the certificate shall cease to have effect. (5) An inspector may withdraw a certificate given under this section in respect of any cell if in his opinion the conditions of the cell are no longer as stated in the certificate. (6) In every prison special cells shall be provided for the temporary confinement of refractory or violent prisoners.
Propose a changeThe Secretary of State may make regulations as to the measuring and photographing of prisoners and such regulations may prescribe the time or times at which and the manner and dress in which prisoners shall be measured and photographed and the number of copies of the measurements and photographs of each prisoner which shall be made and the persons to whom they shall be sent.
Propose a change(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether the prisoner has in their body any— (a) controlled drug, (b) pharmacy medicine, (c) prescription only medicine, (d) psychoactive substance, or (e) specified substance. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine. (2A) The Secretary of State may use any prisoners' samples to test, on an anonymised basis, for the prevalence of the following substances in prisons— (a) controlled drugs, (b) medicinal products, (c) psychoactive substances, or (d) specified substances. (3) In this section— “authorisation” means an authorisation by the governor; “controlled drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 ...; “intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984; “medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012; “pharmacy medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012; “prescription only medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012; “prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991;... “prison rules” means rules under section 47 of this Act; “prisoners' samples” means any sample— provided under subsection (1) or (2), or provided by prisoners voluntarily; “psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016; “specified substance” means any substance or product specified in prison rules for the purposes of this section. (4) The Secretary of State may, by regulations, make such amendments of this section or section 47 as the Secretary of State considers appropriate in consequence of— (a) the amendment or revocation of the Human Medicine Regulations 2012, or (b) the making, amendment or revocation of any other subordinate legislation (whenever made) which relates to human medicines. (5) In subsection (4) “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Propose a change(1) If an authorisation is in force for the prison, any prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of breath for the purpose of ascertaining whether he has alcohol in his body. (2) If the authorisation so provides, the power conferred by subsection (1) above shall include power— (a) to require a prisoner to provide a sample of urine, whether instead of or in addition to a sample of breath, and (b) to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of breath, a sample of urine or both. (3) In this section— “authorisation” means an authorisation by the governor; “intimate sample” has the same meaning as in Part V of the Police and Criminal Evidence Act 1984; “prison officer” includes a prisoner custody officer within the meaning of Part IV of the Criminal Justice Act 1991; “prison rules” means rules under section 47 of this Act.
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Propose a change(1) A justice of the peace for assigned to any local justice area . . . may at any time visit any prison in that area . . . and any prison in which a prisoner is confined in respect of an offence committed in that area . . . and may examine the condition of the prison and of the prisoners and enter in the visitors’ book, to be kept by the governor of the prison, any observations on the condition of the prison or any abuses. (2) Nothing in the preceding subsection shall authorise a justice of the peace to communicate with any prisoner except on the subject of his treatment in the prison, .... (3) The governor of every prison shall bring any entry in the visitors’ book to the attention of the independent monitoring board at their next visit.
Propose a changeA prisoner shall not in any case be liable to pay the cost of his conveyance to prison.
Propose a change(1) Rules made under section forty–seven of this Act may provide in what manner an appellant within the meaning of Part I of the Criminal Appeal Act 1968when in custody, is to be taken to, kept in custody at, and brought back from, any place at which he is entitled to be present for the purposes of that Act, or any place to which the Court of Criminal Appeal or any judge thereof may order him to be taken for the purpose of any proceedings of that court. (2) The Secretary of State may— (a) . . . (b) if he is satisfied that a person so detained requires medical investigation or observation ormedical or surgical treatment of any description, direct him to be taken to a hospital or other suitable place for the purpose of the investigation, observation ortreatment; and where any person is directed under this subsection to be taken to any place he shall, unless the Secretary of State otherwise directs, be kept in custody while being so taken, while at that place, and while being taken back to the prison in which he is required in accordance with law to be detained.
Propose a changeFor the purpose of taking a person to or from any prison under the order of any authority competent to give the order a constable or other officer may act outside the area of his jurisdiction and shall notwithstanding that he is so acting have all the powers, authority, protection and privileges of his office.
Propose a change(1) In any sentence of imprisonment the word “month” shall, unless the contrary is expressed, be construed as meaning calendar month. (2)
Propose a change(1) If the Secretary of State is satisfied that by reason of the condition of a prisoner’s health it is undesirable to detain him in prison, but that, such condition of health being due in whole or in part to the prisoner’s own conduct in prison, it is desirable that his release should be temporary and conditional only, the Secretary of State may, if he thinks fit, having regard to all the circumstances of the case, by order authorise the temporary discharge of the prisoner for such period and subject to such conditions as may be stated in the order. (2) Where an order of temporary discharge is made in the case of a prisoner not under sentence, the order shall contain conditions requiring the attendance of the prisoner at any further proceedings on his case at which his presence may be required. (3) Any prisoner discharged under this section shall comply with any conditions stated in the order of temporary discharge, and shall return to prison at the expiration of the period stated in the order, or of such extended period as may be fixed by any subsequent order of the Secretary of State, and if the prisoner fails so to comply or return, he may be arrested without warrant and taken back to prison. (4) Where a prisoner under sentence is discharged in pursuance of an order of temporary discharge, the currency of the sentence shall be suspended from the day on which he is discharged from prison under the order to the day on which he is received back into prison, so that the former day shall be reckoned and the latter shall not be reckoned as part of the sentence. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeThe Secretary of State may make such payments to or in respect of persons released or about to be released from prison as he may with the consent of the Treasury determine.
Propose a change(1) The Secretary of State may with the approval of the Treasury alter, enlarge or rebuild any prison and build new prisons. (2) The Secretary of State may provide new prisons by declaring to be a prison— (a) any building or part of a building built for the purpose or vested in him or under his control; or (b) any floating structure or part of such a structure constructed for the purpose or vested in him or under his control. (3) A declaration under this section may with respect to the building or part of a building declared to be a prison make the same provisions as an order under the next following section may make with respect to an existing prison. (4) A declaration under this section may at any time be revoked by the Secretary of State. (5) A declaration under this section shall not be sufficient to vest the legal estate of any building in the Secretary of State.
Propose a change(1) The transfer under the Prison Act 1877 of prisons and of the powers and jurisdiction of prison authorities and of justices in sessions assembled and visiting justices shall not be deemed to have affected the jurisdiction of any sheriff or coroner or, except to the extent of that transfer, of any justice of the peace or other officer. (2) The Secretary of State may by order direct that, for the purpose of any enactment, rule of law or custom dependent on a prison being the prison of any county or place, any prison situated in that county or in the county in which that place is situated, or any prison provided by him in pursuance of this Act, shall be deemed to be the prison of that county or place.
Propose a change(1) Every prison and all real and personal property belonging to a prison shall be vested in the Secretary of State for Justice and may be disposed of in such manner as the Secretary of State for Justice , with the consent of the Treasury, may determine. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) The Secretary of State may purchase by agreement orcompulsorily, any land required for the alteration, enlargement or rebuilding of a prison or for establishing a new prison or for any other purpose connected with the management of a prison (including the provision of accommodation for officers or servants employed in a prison). (2) The Acquisition of Land Act 1981 shall apply to the compulsory purchase of land by the Secretary of State under this section . . . . (3) In relation to the purchase of land by agreement under this section, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, section 10, and section 31, shall apply.
Propose a change(1) ... the Secretary of State may ... close any prison. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For the purposes of this and the next following section a prison shall not be deemed to be closed by reason only of its appropriation for use as a remand centre, detention centre or youth custody centre, secure training centre or secure college .
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