OpenLegislation

Article 72 Persons having access to service custody premisesI1

United Kingdom

(1)

No person shall without the commandant’s permission enter service custody premises or, while there, make any sketch or take any photograph. No person shall remain in service custody premises after being requested to leave by the commandant. In deciding whether to grant permission, grant permission subject to certain conditions or refuse permission to enter a service custody premises, the commandant shall have regard to the orders of any court of competent jurisdiction, the provisions of these Rules and the directions or instructions of higher authority.

(2)

Subject to these Rules, the commandant of service custody premises may—

(a)

grant permission to any person to enter the service custody premises subject to such conditions as he considers appropriate; and

(b)

may make it a condition of granting permission to a person to enter or do anything within the service custody premises that such person agrees to being searched if requested.

(3)

The commandant may order the removal from a service custody premises of any person who without the commandant’s permission, enters the service custody premises or, while there, makes any sketch or takes any photograph, refuses to be searched or fails to comply with any condition imposed by the commandant under this rule.

(4)

If any member of staff of service custody premises suspects that any visitor or other person has committed an offence against any of sections 39 to 42 of the Prison Act 1952, as modified by these Rules, or against these Rules or of being in improper possession of any property used or intended for use in the service custody premises, he shall stop that person and immediately inform the commandant, who may, if he thinks fit, order that person to be searched.

(5)

Paragraphs (1) to (3) do not apply to a member of the independent monitoring board carrying out any of his functions under these Rules or to the service visiting officer.

Annotations

Commencement

I1

Art. 72 in force at 31.10.2009, see art. 1(1)