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by Munro Research

Prison (Property) Act 2013


Official Summary

A Bill to make provision for the destruction of certain property found in prisons and similar institutions.

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Overview

The Prisons (Property) Bill grants prison governors the power to destroy or dispose of certain unauthorized property found in prisons and similar institutions in England and Wales. This includes items belonging to prisoners who aren't allowed to possess them, or items whose owners can't be identified.

Description

Key Provisions

The bill amends the Prison Act 1952 by adding a new section (42A). This section allows the prison governor or director to destroy or dispose of items found in prisons if they meet specific criteria. This applies to items in a prisoner's possession that they are not permitted to have, or items found in the prison (excluding prisoner's possessions) where the owner is unauthorized or unknown.

The governor can also deem an authorized item as unauthorized if they reasonably believe the item is, has been, or may be used to conceal prohibited items, cause harm, or compromise prison security.

The bill also clarifies that "disposing" of an item includes selling it. The new power can be used for items found before the bill comes into force after a six-month unclaimed period for specific items (cameras, recording devices, and electronic communication devices).

Extent and Commencement

The Act applies only to England and Wales and comes into force on a day appointed by the Secretary of State.

Government Spending

The bill is not expected to significantly impact government spending. The cost of implementing and administering the new procedures is likely to be minimal.

Groups Affected

  • Prison Governors and Prison Staff: They will be responsible for implementing the new procedures and making decisions about the disposal of property.
  • Prisoners: Prisoners will be directly affected by the loss of any unauthorized property. They might also indirectly feel the impact of stricter security measures.
  • Owners of Lost or Unclaimed Property: If their property is deemed unauthorized or unattributable, it may be destroyed or disposed of.
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