SCHEDULES
SCHEDULE 12 Discipline etc at F1Removal Centres
Measuring and photographing detained persons
I11
1
F1Removal centre rules may (among other things) provide for detained persons to be measured and photographed.
2
The rules may, in particular, prescribe—
a
the time or times at which detained persons are to be measured and photographed;
b
the manner and dress in which they are to be measured and photographed; and
c
the numbers of copies of measurements or photographs that are to be made and the persons to whom they are to be sent.
Testing for drugs or alcohol
I22
1
If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with F1removal centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—
a
whether he has a drug in his body; or
b
whether he has alcohol in his body.
2
The sample required may be one or more of the following—
a
a sample of urine;
b
a sample of breath;
c
a sample of a specified description.
3
Sub-paragraph (2)(c)—
a
applies only if the authorisation so provides; and
b
does not authorise the taking of an intimate sample.
4
“Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular F1removal centre.
5
“Drug” means a drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971.
6
“Specified” means specified in the authorisation.
7
“Intimate sample”—
a
in relation to England and Wales, has the same meaning as in Part V of the M2Police and Criminal Evidence Act 1984;
b
in relation to Scotland, means—
i
a sample of blood, semen or any other tissue fluid, urine or pubic hair;
ii
a dental impression;
iii
a swab taken from a person’s body orifice other than the mouth; and
c
in relation to Northern Ireland, has the same meaning as in Part VI of the M3Police and Criminal Evidence (Northern Ireland) Order 1989.
Medical examinations
I33
1
This paragraph applies if—
a
an authorisation is in force for a F1removal centre; and
b
there are reasonable grounds for believing that a person detained in the centre is suffering from a disease which is specified in an order in force under sub-paragraph (7).
2
A detainee custody officer may require the detained person to submit to a medical examination at the centre.
3
The medical examination must be conducted in accordance with F1removal centre rules.
4
A detained person who fails, without reasonable excuse, to submit to a medical examination required under this paragraph is guilty of an offence.
5
A person guilty of an offence under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale.
6
“Authorisation” means an authorisation given by the manager of the F1removal centre for the purpose of this paragraph.
7
The Secretary of State may by order specify any disease which he considers might, if a person detained in a F1removal centre were to suffer from it, endanger the health of others there.
Assisting detained persons to escape
4
1
2
A person who, with intent to facilitate the escape of any detained person from a F1removal centreF6, a short-term holding facility or pre-departure accommodation —
a
conveys any thing into the centreF7, facility or accommodation or to a detained person,
b
sends any thing (by post or otherwise) into the centreF8, facility or accommodation or to a person detained there,
c
places any thing anywhere outside the centreF9, facility or accommodation with a view to its coming into the possession of a person detained there,
is guilty of an offence.
3
A person guilty of an offence under this section is liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Alcohol
5
1
2
A person who places alcohol anywhere outside a F1removal centre, intending that it should come into the possession of a detained person there, is guilty of an offence.
3
4
A person guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 3 on the standard scale or to both.
5
“Alcohol” means any spirituous or fermented liquor.
Introduction of other articles
6
1
A person who—
a
b
is not as a result guilty of an offence under paragraph 4 or 5,
is guilty of an offence under this paragraph.
2
A person who—
a
places any thing anywhere outside a F1removal centre, intending it to come into the possession of a detained person, and
b
is not as a result guilty of an offence under paragraph 4 or 5,
is guilty of an offence under this paragraph.
3
A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Notice of penalties
7
1
In the case of a contracted out F1removal centre, the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4, 5 or 6 is liable to be fixed outside the centre in a conspicuous place.
2
In the case of any other F1removal centre, the Secretary of State must cause such a notice to be fixed outside the centre in a conspicuous place.
8
1
In the case of a contracted out short-term holding facility F3or contracted out pre-departure accommodation , the contractor must cause a notice setting out the penalty to which a person committing an offence under paragraph 4 is liable to be fixed outside the facility F3or contracted out pre-departure accommodation in a conspicuous place.
2
F2Prison officers and prisoner custody officers
Sch. 12 para. 9 and cross-heading added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 65(3), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.
9
A reference in this Schedule to a detainee custody officer includes a reference to a prison officer or prisoner custody officer exercising custodial functions.
Words in Sch. 12 substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss.66(2)(3)(l), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.