Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 58: Functions of prison custody officers in relation to live link hearings
Section 58 amends sections 80 and 82 of the Criminal Justice Act 1991 ("the 1991 Act") to enable specially authorised prisoner custody officers (commonly known as PECS officers) to have custody over prisoners in police stations for purposes connected with certain hearings taking place by way of live link, including VRH.
	Section 80 of the 1991 Act provides the Secretary of State may make arrangements, including contractual arrangements, for named functions to be performed by prisoner custody officers authorised to do so in accordance with that section. Subsection (3) inserts new section 80(1)(ba) of the 1991 Act which provides for a new function to be performed by PECS. The new function for which arrangements may be made concerns the custody of prisoners at a police station for any purpose connected with the prisoners’ participation in a preliminary, sentencing or enforcement hearing taking place by way of live audio link or live video link. Subsection (4) inserts new section 80(1)(1B) which clarifies that the new function applies whether the hearing is yet to take place, is taking place or has taken place. Subsection (4) amends section 80(4) to provide for the terms "enforcement hearing", "live audio link"," live video link", "preliminary hearing" and "sentencing hearing" to have the meaning given to them in section 56(1) of the Criminal Justice Act 2003, as amended by paragraph 1(6) of Schedule 20.
	Section 82 of the 1991 Act sets out the powers and duties of prisoner custody officers acting in pursuit of arrangements made under section 80, which include powers of search and use of reasonable force where necessary. Subsection (7) inserts new subsections (4A) to (4C) into that section. New section 82(4A) provides that section 82(4B) and (4C) apply where an officer is acting pursuant to arrangements at a police station for the purpose of the new function. New section 82(4B) provides that it is the officer’s duty to give effect to, in relation to the prisoner, any order of the Crown Court under section 142 of the Powers of Criminal Courts (Sentencing) Act 2000 (concerning a power of the Crown Court to order a search of a person before it) or any order of a magistrates’ court under section 80 of the 1980 Act (concerning a similar power of a magistrates’ court). New section 82(4C) provides that the fact an officer is exercising, or may exercise, the new function does not prevent a constable from exercising any powers in relation to the prisoner that are otherwise available to the constable.