Prisons Act 2015

PART 4

Closing of Prisons

Amendment of section 2 of Prisons Act 1933

23. Section 2 of the Prisons Act 1933 is amended—

(a) in subsection (1), by substituting for “by the same order direct that all the estate and interest of the Minister in the whole or any specified portion of the prison or part of a prison so directed to be closed shall, immediately upon such closing or on any specified subsequent date, vest in the local authority.” the following:

“by the same order direct all or any of the following:

(a) that any person who, immediately before such closing, was to be committed to the prison (or part thereof) so directed to be closed, whether to be remanded in custody or to serve a sentence of imprisonment, by virtue of an order made or warrant issued by a court that was in force upon such closing but which had not been executed before such closing, shall be committed to such other prison as is specified in the closing order for that purpose;

(b) that any person who, immediately before such closing, was on temporary release from the prison (or part thereof) so directed to be closed, shall be on temporary release from such other prison as is specified in the closing order for that purpose;

(c) that all the estate and interest of the Minister in the whole or any specified portion of the prison or part of a prison so directed to be closed shall, immediately upon such closing or on any specified subsequent date, vest in the local authority.”,

(b) by inserting the following subsections after subsection (1):

“(1A) If a closing order contains a direction under paragraph (a) of subsection (1), a reference in an order made or warrant issued by a court referred to in that paragraph to the prison (or part thereof) directed to be closed by the closing order shall, on and after such closing, be construed as a reference to the other prison specified in the closing order under that paragraph, and the order made or warrant issued by the court shall have effect accordingly.

(1B) Where, on or after the coming into operation of a closing order, a person referred to in paragraph (a) of subsection (1) is committed pursuant to the order made or warrant issued by a court concerned to the other prison specified in the closing order under that paragraph, such person shall be deemed to be in lawful custody.

(1C) If a closing order contains a direction under paragraph (b) of subsection (1), a person referred to in that paragraph shall, on and after the coming into operation of the closing order, be regarded as being on temporary release from the other prison specified in the closing order under that paragraph, and the direction concerned given by the Minister under section 2 of the Criminal Justice Act 1960 in respect of the person shall have effect accordingly.

(1D) Where, on or after the coming into operation of a closing order, a person referred to in paragraph (b) of subsection (1) is, following the expiry of the period of temporary release concerned, detained in the other prison specified in the closing order under that paragraph, such person shall be deemed to be in lawful custody.”,

and

(c) by adding the following subsection:

“(4) In this section ‘temporary release’, in relation to a person, means the release of the person from a prison for a temporary period in accordance with a direction given by the Minister under section 2 of the Criminal Justice Act 1960 .”.