Prison Security Act 1992
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| Long title | An Act to make provision for an offence of prison mutiny and for a new offence and new penalties in connection with escapes from prison. |
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| Citation | 1992 c 25 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 16 March 1992 |
| Commencement | 16 May 1992 |
| Text of statute as originally enacted | |
| Revised text of statute as amended | |
The Prison Security Act 1992 (c 25) is an Act of the Parliament of the United Kingdom.
This section reads:
(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-
Section 1(6) is prospectively amended by sections 74 and 80 of, and paragraph 115 of Schedule 7 to, the Criminal Justice and Court Services Act 2000.
Kenneth Baker said that section 1 was "intentionally quite strict"
As to sentencing, see R v Ali [1998] 2 Cr App R (S) 123, CA.
See also 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Section 2(3) repealed section 22(1) of, and the entry relating to section 39 of the Prison Act 1952 in Schedule 4 to, the Criminal Justice Act 1961.
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