- Statutory Instrument 2004 No. 1408
The Prisoner Custody Officers (Searching of Prisoners) Rules (Northern Ireland) 2004
© Crown Copyright 2004
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Prisoner Custody Officers (Searching of Prisoners) Rules (Northern Ireland) 2004, ISBN 0110493311. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 20th May 2004 | ||
| Laid before Parliament | 21st May 2004 | ||
| Coming into force | 11th June 2004 |
The Secretary of State, in exercise of the powers conferred upon him by section 120(1)(a) of the Criminal Justice and Public Order Act 1994[1], hereby makes the following Rules:
1. - (1) These Rules may be cited as the Prisoner Custody Officers (Searching of Prisoners) Rules (Northern Ireland) 2004 and shall come into force on 11 June 2004.
(2) In these Rules -
-
"full search" means a search during which a prisoner is required to remove any clothing other than an outer coat, hat, jacket, gloves or footwear
-
"officer" means a prisoner custody officer who is authorised to perform escort functions in accordance with section 122 of the Criminal Justice and Public Order Act 1994
-
"officer of a prison" means a person appointed under section 2(2) of the Prison Act (Northern Ireland) 1953[2].
2.
- (1) An officer shall only search a prisoner when it appears necessary to do so in the interests of security, good order or discipline.
(2) These Rules do not permit the search of a body cavity, but a prisoner may be required to open his mouth to permit a visual inspection.
3.
- (1) This rule does not apply to a prisoner who is being subjected to a full search.
(2) Subject to sub-paragraph (3), a prisoner shall not be searched in any place where he can be seen by any person who is not an officer, a police officer, an officer of a prison or the prisoner escort monitor.
(3) Sub-paragraph (2) does not apply where it appears to an officer that it is necessary to search a prisoner in a place where he can be seen by a person who is not an officer, a police officer, an officer of a prison or the prisoner escort monitor.
4.
A prisoner shall not be subjected to a full search in any place where he can be seen by any person other than the officers who are present during the search.
5.
A minimum of two officers shall be present when a prisoner is being subjected to a full search.
6.
A prisoner shall only be subjected to a full search by officers of the same sex as the prisoner.
Ian Pearson
Parliamentary Under-Secretary of State Northern Ireland Office
20th May 2004
(This note is not part of the Rules)
These Rules provide the circumstances and manner in which a prisoner custody officer may search a prisoner (as defined in section 125(1) of the Criminal Justice and Public Order Act 1994) for whose custody or delivery he is responsible. The role of prisoner custody officer was created by Chapter 3 of Part 8 of the Criminal Justice and Public Order Act 1994. Under section 118(1) of that Act the Secretary of State may make arrangements for the functions of the delivery of prisoners between premises and the custody of prisoners in any court, or during the delivery of a prisoner between premises to be performed by prisoner custody officers.
Notes:
[1] 1994 c. 33.back
[2] 1953 c. 18 (N.I.) as amended by S.I. 1973/2163.back
ISBN 0 11 049331 1