This Order starts two months after it is made, defines some terms, lets designated prison officers require urine and sometimes breath or other non-intimate samples from prisoners when an authorisation is in force, requires a constable to take a person in custody to an authorised prison if practicable, and repeals section 40 of the Prison Act.
The Prison (Amendment) (Northern Ireland) Order 2004 This Order may be cited as the Prison (Amendment) (Northern Ireland) Order 2004. This Order shall come into operation on the expiration of two months from the day on which it is made. The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly. In this Order “the Prison Act” means the Prison Act (Northern Ireland) 1953 (c.18). Art. 3 rep. by 2005 NI 15 After section 15 of the Prison Act there shall be inserted— Where— a person is in the custody of a constable; it is the duty of the constable to take that person to a prison in which his detention is authorised by law; and it is for any reason not practicable to secure the admission of that person to that prison, that person may lawfully be detained in the custody of a constable until such time as he can be admitted to that prison or is required to appear before a court. After section 19 of the Prison Act there shall be inserted— If an authorisation is in force for the prison, any designated prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has alcohol in his body. If the authorisation so provides, the power conferred by subsection (1) shall include power— to require a prisoner to provide a sample of breath, whether instead of or in addition to a sample of urine, and to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine, a sample of breath or both. In this section— “authorisation” means an authorisation by the Secretary of State; “intimate sample” has the same meaning as in Part VI of the Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12); “designated prison officer”, in relation to any prison, means a person appointed under section 2(2) who has been designated for the purposes of this section by the governor of the prison. After section 19A of the Prison Act there shall be inserted— If an authorisation is in force for the prison, any designated prison officer may, at the prison, in accordance with prison rules, require any prisoner who is confined in the prison to provide a sample of urine for the purpose of ascertaining whether he has any drug in his body. If the authorisation so provides, the power conferred by subsection (1) shall include power to require a prisoner to provide a sample of any other description specified in the authorisation, not being an intimate sample, whether instead of or in addition to a sample of urine. “drug” means any drug which is a controlled drug for the purposes of the Misuse of Drugs Act 1971 (c. 38); “designated prison officer”, in relation to a prison, means a person appointed under section 2(2) who has been designated for the purposes of this section by the governor of the prison. Section 40 of the Prison Act (purchase of provisions by unconvicted prisoners) is repealed.