Legal Aid, Sentencing and Punishment of Offenders Act 2012

129 Employment in prisons: deductions etc from payments to prisoners

(1) 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,”.

(2) After that subsection insert—

“(1A) The Secretary of State may make rules about—

(a) the employment of persons who are required to be detained in secure training centres or young offender institutions;

(b) the making of payments to such persons in respect of work or other activities undertaken by them, or in respect of their unemployment.”

(3) In that section, after subsection (5) insert—

“(6) Rules made under this section may—

(a) make different provision for different cases;

(b) contain supplementary, incidental, transitional, transitory or saving provision.”

(4) After that section insert—

“47A Rules about employment in prisons etc

(1) The Secretary of State may make rules about—

(a) the employment of prisoners;

(b) the making of payments to prisoners in respect of work or other activities undertaken by them, or in respect of their unemployment.

(2) The Secretary of State may make rules about the making, by the governor of the prison in which a prisoner is detained or the Secretary of State, of reductions in payments to the prisoner in respect of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,

where those payments are made by or on behalf of the Secretary of State.

(3) Rules under subsection (2) may make provision, in a case where reductions are made by the governor, for amounts generated by the reductions to be used by the governor—

(a) for making payments for the benefit of victims or communities;

(b) for making payments for the purposes of the rehabilitation of offenders;

(c) for other prescribed purposes.

(4) Rules under subsection (2) may make provision, in a case where reductions are made by the governor—

(a) for amounts generated by the reductions to be used by the governor for making payments into an account of a prescribed kind;

(b) for the administration of the account;

(c) for the making of payments out of the account to a prisoner before or after the prisoner’s release on fulfilment by the prisoner of prescribed conditions.

(5) Rules under subsection (2) that make provision for amounts generated by reductions to be used to make payments may provide for such payments to be made after the deduction of amounts of a prescribed description.

(6) The Secretary of State may make rules about the making of deductions from, or the imposition of levies on, payments to a prisoner in respect of—

(a) work undertaken by the prisoner,

(b) other activities undertaken by the prisoner, or

(c) the prisoner’s unemployment,

where those payments are made otherwise than by or on behalf of the Secretary of State.

(7) Rules under subsection (6)—

(a) may provide for deductions to be made, or levies to be imposed, by the governor of the prison or by the Secretary of State;

(b) must provide that, if the governor makes the deductions or imposes the levies, the governor must pay amounts generated to the Secretary of State.

(8) The Secretary of State may make rules providing—

(a) for the making of payments by the Secretary of State into an account of a prescribed kind;

(b) for the administration of the account;

(c) for the making of payments out of the account to a prisoner before or after the prisoner’s release on fulfilment by the prisoner of prescribed conditions.

(9) Rules under this section may—

(a) make different provision for different cases;

(b) contain supplementary, incidental, transitional, transitory or saving provision.

(10) In this section references to the governor of a prison include—

(a) the director of a contracted out prison within the meaning of Part 4 of the Criminal Justice Act 1991, and

(b) an officer of a prison who may exercise the functions of a governor in accordance with rules under section 47 or this section.

(11) In this section—

• “prescribed” means prescribed by rules under this section;

• “prisoner” includes a prisoner on temporary release.”

(5) 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”.

(6) 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”.

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

(a) omit subsection (2) (application of the Act to England and Wales), and

(b) in subsection (3) (application of the Act to Scotland), for “In the application of this Act to Scotland” substitute “In this Act”.

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

“(3) This Act extends to Scotland only.”

(9) 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”.

(10) 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.

(11) 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)—

(a) 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

(b) section 47A of that Act has effect as if—

(i) “prison” included a young offender institution, and

(ii) “prisoner” included a person aged 18 or over who is required to be detained in a young offender institution.

(12) 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—

(a) rehabilitate offenders,

(b) prevent re-offending, or

(c) limit the impact of crime.

(13) 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.).