Section 108: Powers and duties of prisoner custody officers employed at contracted out prisons.

Criminal Justice and Public Order Act 1994 · 1994 c. 33View on legislation.gov.uk

Part VIII: Prison Services and the Prison Service — Chapter II: Scotland

A prisoner custody officer performing custodial duties at a contracted out prison shall have power to search—

any prisoner who is confined in the prison or for whose custody he is responsible; and
any other person who is in or is seeking to enter the prison and any article in the possession of such a person.

The power conferred by subsection (1)(b) above to search a person shall not be construed as authorising a prisoner custody officer to require a person to remove any of his clothing other than an outer coat, jacket, headgear and gloves.

A prisoner custody officer performing custodial duties at a contracted out prison shall, as respects the prisoners for whose custody he is responsible, have the duty—

to prevent their escape from legal custody;
to prevent, or detect and report on, the commission or attempted commission by them of other unlawful acts;
to ensure good order and discipline on their part; and
to attend to their wellbeing.

The powers conferred by subsection (1) above and the powers arising by virtue of subsection (3) above shall include power to use reasonable force where necessary.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.