Section 90 Protection of prisoner custody officers.I1

England and Wales

(1)

Any person who assaults a prisoner custody officer

F1(a)

acting in pursuance of prisoner escort arrangements;

(b)

performing custodial duties at a contracted out prison; or

(c)

performing contracted out functions at a directly managed prison,

shall be liable on summary conviction to fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

(2)

Section 17(2) of the M1Firearms Act 1968 (additional penalty for possession of firearms when committing certain offences) shall apply to offences under subsection (1) above.

(3)

Any person who resists or wilfully obstructs a prisoner custody officer

(a)

acting in pursuance of prisoner escort arrangements;

(b)

performing custodial duties at a contracted out prison; or

(c)

performing contracted out functions at a directly managed prison,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4)

For the purposes of this section, a prisoner custody officer shall not be regarded as acting in pursuance of prisoner escort arrangements at any time when he is not readily identifiable as such an officer (whether by means of a uniform or badge which he is wearing or otherwise).

Annotations

Textual amendments

F1: Words in s. 90(1)(3) substituted (3.11.1994) by 1994 c. 33, s. 101(5).

Marginal citations

M1: 1968 c. 27.

Commencement

I1: S. 90 wholly in force at 31.10.1991 see s. 102(2)(3) and S.I. 1991/2208, art. 2(4) and Sch. 3

Notes on Part IV

Modifications

C1: Pt. IV (ss. 73-92) applied (30.6.1999) by 1999 c. 9, s. 1(2), Sch. 1 as added by 1991 c. 56, Sch. 4A para. 13(2)(a)