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Section 47 Rules for the management of prisons and places for the detention of young offendersF17C6C1C2C3C4C5

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State may make rules for the regulation and management of prisons, remand centres F1, young offender institutions F2, 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.

F3(3A)

Rules made under this section may specify any substance or product F4... in relation to which a person may be required to provide a sample for the purposes of section 16A of this Act F5; 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)

. . . F6

(d)

any . . . F7 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 F8or a person committed to custody on his conviction.

F9(4A)

Rules made under this section shall provide for F10—

(a)

the inspection of secure training centres and secure colleges, and

(b)

the appointment of independent persons to F11visit them and to whom representations may be made by offenders F12detained there .

(5)

Rules made under this section may provide for the temporary release of persons F13detained in a prison, remand centre F14, young offender institution F15, secure training centre or secure college not being persons committed in custody for trial F16before the Crown Courtor committed to be sentenced or otherwise dealt with by the Crown Courtor remanded in custody by any court.

Annotations

Textual amendments

F1

Words in s. 47(1) substituted (3.11.1994) by 1994 c. 33, ss. 6(2), 172(4)

F2

Words in s. 47(1) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(2); S.I. 2015/778, art. 2(1)(c)

F3

S. 47(3A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 16(3), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 12

F4

Words in s. 47(3A) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(1)(a), 3(2); S.I. 2021/1280, reg. 2

F5

Words in s. 47(3A) inserted (8.12.2021) by Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(1)(b), 3(2); S.I. 2021/1280, reg. 2

F6

S. 47(4)(a)–(c) repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F7

Word repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

F8

Words added by Criminal Justice Act 1967 (c. 80), s. 66(5)

F9

S. 47(4A) inserted (3.11.1994) by 1994 c. 33, ss. 6(3), 172(4)

F10

Words in s. 47(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(4)(a); S.I. 2015/778, art. 2(1)(c)

F11

Words in s. 47(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(4)(b); S.I. 2015/778, art. 2(1)(c)

F12

Words in s. 47(4A) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(4)(c); S.I. 2015/778, art. 2(1)(c)

F13

Word substituted by Criminal Justice Act 1961 (c. 39), Sch. 4

F14

Words in s. 47(5) substituted (3.11.1994) by 1994 c. 33, ss. 6(4), 172(4)

F15

Words in s. 47(5) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(5); S.I. 2015/778, art. 2(1)(c)

F16

Words substituted by Courts Act 1971 (c. 23), Sch. 8 para. 33

F17

S. 47 heading substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 3(6); S.I. 2015/778, art. 2(1)(c)

Modifications

C1

S. 47 extended by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 13(5), Sch. 17 para. 9

C2

S. 47 amended by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 123, Sch. 8 paras. 14, 16

C3

S. 47 extended (25.8.2000) by 2000 c. 6, ss. 99(4), 168(1)

C4

S. 47: transfer of functions (1.4.2009) by The Welsh Ministers (Transfer of Functions) Order 2009 (S.I. 2009/703), arts. 1(2), 2, 3

C5

S. 47 extended (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 329(6), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C6

S. 47 amended by Criminal Justice Act 1961 (c. 39), s. 23(2) and Courts–Martial (Appeals) Act 1968 (c. 20), s. 52