Prison Security Act 1992

{{Redirect|Prison mutiny|prison riot|Prison riot|the 1943 American film directed by Phil Rosen|You Can't Beat the Law}}

This section reads:

{{Blockquote|(1) Any prisoner who takes part in a prison mutiny shall be guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine or to both.

(2) For the purposes of this section there is a prison mutiny where two or more prisoners, while on the premises of any prison, engage in conduct which is intended to further a common purpose of overthrowing lawful authority in that prison.

(3) For the purposes of this section the intentions and common purpose of prisoners may be inferred from the form and circumstances of their conduct and it shall be immaterial that conduct falling within subsection (2) above takes a different form in the case of different prisoners.

(4) Where there is a prison mutiny, a prisoner who has or is given a reasonable opportunity of submitting to lawful authority and fails, without reasonable excuse, to do so shall be regarded for the purposes of this section as taking part in the mutiny.

(5) Proceedings for an offence under this section shall not be brought except by or with the consent of the Director of Public Prosecutions.

(6) In this section-

:"conduct" includes acts and omissions;

:"prison" means any prison, young offender institution or remand centre which is under the general superintendence of, or is provided by, the Secretary of State under the Prison Act 1952, including a contracted out prison within the meaning of Part IV of the Criminal Justice Act 1991;

:"prisoner" means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody.{{cite web|url=http://www.legislation.gov.uk/ukpga/1992/25/section/1 |title=Prison Security Act 1992 |publisher=Legislation.gov.uk |date= |accessdate=2011-11-09}}}}

Section 1(6) is prospectively amended by sections 74 and 80 of, and [http://www.legislation.gov.uk/ukpga/2000/43/schedule/7/paragraph/115 paragraph 115] of Schedule 7 to, the Criminal Justice and Court Services Act 2000.

Kenneth Baker said that section 1 was "intentionally quite strict"Hansard (House of Commons), vol. 200, col. 171

As to sentencing, see R v Ali [1998] 2 Cr App R (S) 123, CA.

See also [http://www.cps.gov.uk/legal/l_to_o/offences_by_prisoners/index.html#Guidance_on_Specific Crown Prosecution Service guidance on prison mutiny].

Section 2(1) amends section 39 of the Prison Act 1952.

Section 2(2) amends section 22(2)(b) of the Criminal Justice Act 1961.

Section 2(3) repealed section 22(1) of, and the entry relating to section 39 of the Prison Act 1952 in Schedule 4 to, the Criminal Justice Act 1961.

Section 3(2) provides that the Act came into force at the end of the period of two months that began on the date on which it was passed. The word "months" means calendar months.The Interpretation Act 1978, section 5 and Schedule 1 The day (that is to say, 16 March 1992) on which the Act was passed (that is to say, received royal assent) is included in the period of two months.Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA. This means that the Act came into force on 16 May 1992.

• Prison Act

• Halsbury's Statutes,

{{reflist}}

• {{wikisource-inline|single=true}}
• [http://www.legislation.gov.uk/ukpga/1992/25/contents The Prison Security Act 1992], as amended from the National Archives.
• [http://www.legislation.gov.uk/ukpga/1992/25/contents/enacted The Prison Security Act 1992], as originally enacted from the National Archives.

{{UK legislation}}

Category:United Kingdom Acts of Parliament 1992