Commentary on Sections Schedule 10: Contracting out secure colleges Part 1 Contracting out provision and running of secure colleges
382.Paragraph 1 gives the Secretary of State a power to enter into a contract with another person for the other person to provide a secure college (or part of one) or run a secure college (or part of one), or both. Express provision is made allowing such a contract to provide for the running of the college to be sub-contracted.
383.Paragraph 2 limits the power in paragraph 1 by providing that a contracted-out secure college must be run in accordance with Schedule 10 to the Act, the Prison Act 1952 as it applies to contracted-out secure colleges, and secure college rules (that is, rules made under section 47 of the Prison Act, as amended by Schedule 9 to this Act).
384.Paragraph 3 exempts land leased by the Secretary of State for the purposes of a secure college from the operation of certain specified landlord and tenant and property legislation.
385.Paragraph 4 imposes requirements as to the appointment of the principal of a contracted-out secure college and makes provision about the principal’s functions.
386.Paragraph 5 provides that a contracted-out secure college is to have a monitor, whose reviewing, investigatory and reporting functions are set out in sub-paragraph (3). The contractor (and any sub-contractors) are under a duty to take all reasonable steps to facilitate the carrying out of the monitor’s functions.
387.Paragraph 6 provides that the constabulary powers of prison officers do not apply in relation to officers of a contracted-out secure college. Paragraph 7 sets out who may be an officer of a contracted-out secure college who performs custodial duties. The officers’ duties and powers are set out in paragraphs 8 to 11. In particular, an officer has duties to prevent escape, to prevent the commission of unlawful acts, to ensure good order and discipline and to attend to the well-being of a person detained in a secure college. An officer has powers of search, and may use reasonable force where necessary in carrying out functions under paragraphs 8 and 9 if authorised to do so by secure college rules.
388.Paragraph 12 makes provision in relation to intervention by the Secretary of State. The Secretary of State may, where it appears to him that the principal of a contracted-out secure college has lost effective control of the college, and the intervention is necessary to preserve a person’s safety or prevent serious damage to property, replace the principal with a Crown servant whom the Secretary of State has appointed. During the period of intervention that person is to carry out the functions of the principal and the monitor. Paragraph 12(4) and (6) make provision about notification at the end of a period of intervention.
389.Paragraph 13 creates an offence of resisting or obstructing a secure college custody officer. Paragraph 14 creates an offence of assaulting a secure college custody officer.
390.Paragraph 15 creates an offence of wrongful disclosure, by a person who is or has been employed at a contracted-out secure college, of information relating to persons in youth detention accommodation.