Section 129: Employment in prisons: deductions etc from payments to prisoners

Legal Aid, Sentencing and Punishment of Offenders Act 2012 · 2012 c. 10View on legislation.gov.uk

Part 3: Sentencing and Punishment of Offenders — CHAPTER 6: Prisoners etc

In section 47 of the Prison Act 1952 (power of Secretary of State to make rules for the regulation and management of prisons etc), in subsection (1) omit "employment,".

After that subsection insert—

In that section, after subsection (5) insert—

After that section insert—

In section 66(4) of the Criminal Justice Act 1967 (procedure applying to rules under section 47 of the Prison Act 1952), for "of the said Act of 1952" substitute ." or section 47A of the Prison Act 1952 "

In section 127(6) of the Criminal Justice and Public Order Act 1994 (inducements to prison officers to contravene prison rules: meaning of "prison rules"), after "section 47" insert ." or 47A "

In section 4 of the Prisoners' Earnings Act 1996 (interpretation)—

omit subsection (2) (application of the Act to England and Wales), and
in subsection (3) (application of the Act to Scotland), for "In the application of this Act to Scotland" substitute ." In this Act "

In section 5 of that Act (short title, commencement and extent), for subsection (3) substitute—

In section 45(2) of the National Minimum Wage Act 1998 (exclusion for prisoners doing work in pursuance of prison rules: interpretation), in paragraph (a) of the definition of "prison rules", after "section 47" insert ." or 47A "

Before the coming into force of section 59 of the Criminal Justice and Court Services Act 2000 (abolition of power to provide remand centres), section 47(1A) of the Prison Act 1952 has effect as if it referred also to persons required to be detained in remand centres.

Before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc)—

section 47(1A) of the Prison Act 1952 has effect as if the references to persons required to be detained in young offender institutions were to persons aged under 18 required to be so detained, and
section 47A of that Act has effect as if—
"prison" included a young offender institution, and
"prisoner" included a person aged 18 or over who is required to be detained in a young offender institution.

The Secretary of State may make such payments to such persons as the Secretary of State considers appropriate in connection with measures that appear to the Secretary of State to be intended to—

rehabilitate offenders,
prevent re-offending, or
limit the impact of crime.

In making payments under subsection (12), the Secretary of State must have regard to the sums that have been made available to, or received by, the Secretary of State by virtue of rules under section 47A of the Prison Act 1952 (reductions, deductions and levies in respect of payments to prisoners etc.).

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