DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

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rgmoore
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DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by rgmoore » Thu Nov 19, 2009 1:04 am

IS IT TRUE THAT A PRISON OFFICER HAS THE POWER OF ARREST WHILST ON DUTY WITHIN THE PRISON GROUNDS? DO THEY HAVE ANY POWERS WHILST OFF DUTY OR OUTSIDE OF WORK?

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by kanga1990 » Thu Nov 19, 2009 6:48 am

Power of a constable - Every Prison Officer while acting as such has all the powers of a constable (prison act 1952 15 & 16 geo 6 and eliz 2 section 8)

the only time you will probably be able to arrest someone is if you work on visits.
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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by godhelpus » Thu Nov 19, 2009 9:32 am

ONLY WHEN ON DUTY, AND REMEMBER CAPS LOCK IS FOR SHOUTING ONLINE. :slsh: :slsh: :slsh:

There is no need!!!!!!!!

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by sharpe » Thu Nov 19, 2009 11:58 am

and in the unlikely event it did happen it be most likely a senior officer that does it anyway

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Prae » Thu Nov 19, 2009 11:35 pm

The power of a constable isn't exclusively for use on duty or just within the prison. It's for use "whilst acting as a Prison Officer".

An unlikely example, you are off duty walking down the street and you see a con walk past you wearing prison clothing and you know he got sentenced to 15 years the week before. It would be entirely reasonable for you to suspect that individual was unlawfully at large and arrest them on suspicion of that offence. This is acceptable because you are "acting as a Prison Officer".

Never going to happen but entirely plausible.

The main reasons Prison Officers have the power of a constable is to enable us to wear a baton as part of our uniform and to arrest persons who commit an offence that is likely to jeapordise the security of the establishment or an escort/bedwatch. This could include trafficking drugs, helping an inmate escape, visitors assaulting staff, etc...

We have no power of arrest over prisoners within the prison though, as they have already had their liberty taken away by the courts.

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Easylife » Fri Nov 20, 2009 10:47 am

Prae wrote:The power of a constable isn't exclusively for use on duty or just within the prison. It's for use "whilst acting as a Prison Officer".

An unlikely example, you are off duty walking down the street and you see a con walk past you wearing prison clothing and you know he got sentenced to 15 years the week before. It would be entirely reasonable for you to suspect that individual was unlawfully at large and arrest them on suspicion of that offence. This is acceptable because you are "acting as a Prison Officer".

Never going to happen but entirely plausible.

The main reasons Prison Officers have the power of a constable is to enable us to wear a baton as part of our uniform and to arrest persons who commit an offence that is likely to jeapordise the security of the establishment or an escort/bedwatch. This could include trafficking drugs, helping an inmate escape, visitors assaulting staff, etc...

We have no power of arrest over prisoners within the prison though, as they have already had their liberty taken away by the courts.
We have this debate at work from time to time as for some training was many years ago . As Prae says ,Generally arrests would be made in the visits room upon those bringing in drugs .
The police have complained that it gives them less time to deal with the suspect ,not sure if thats true .
The Police can be called to an incident , for example an assault in the prison and may level further charges.
We all have the power of citizens arrest outside the prison .
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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by sharpe » Fri Nov 20, 2009 6:55 pm

Prae wrote:The power of a constable isn't exclusively for use on duty or just within the prison. It's for use "whilst acting as a Prison Officer".

An unlikely example, you are off duty walking down the street and you see a con walk past you wearing prison clothing and you know he got sentenced to 15 years the week before. It would be entirely reasonable for you to suspect that individual was unlawfully at large and arrest them on suspicion of that offence. This is acceptable because you are "acting as a Prison Officer".

Never going to happen but entirely plausible.
That would be a citizen arrest completely different, you only have power of a constable while you are being paid be it in the prison or on an escort, as has been put before you can not arrest a prisoner

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Prae » Fri Nov 20, 2009 7:52 pm

Sharpe, you're wrong.

You are acting as a prison officer in that example and as such can use your power of a constable. A citizen cannot arrest someone on suspicion of commiting an offence, they do not have the statutory protection from prosecution that a constable has, i.e. if you were wrong.

This type of confusion arises due to the poor training we are given, luckily some of us have prior experience. :slda:

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Easylife » Fri Nov 20, 2009 9:13 pm

Prae wrote:Sharpe, you're wrong.

You are acting as a prison officer in that example and as such can use your power of a constable. A citizen cannot arrest someone on suspicion of commiting an offence, they do not have the statutory protection from prosecution that a constable has, i.e. if you were wrong.

This type of confusion arises due to the poor training we are given, luckily some of us have prior experience. :slda:

If I remember right ,a citizen can only act after an offence is committed.A constable can act prior to an act taking place in order to prevent it from happening if he or she believes it is going to happen.
I also think that an off duty prison officer would be expected to act in some capacity if they saw an escaped prisoner running around ie outside of working hours . Is that true or have I made that one up ? memory is not what it was . :slin: I wish i'd spent more time listening at Newbold and less time playing snooker.
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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Prae » Sat Nov 21, 2009 9:17 am

Easylife wrote:If I remember right ,a citizen can only act after an offence is committed.A constable can act prior to an act taking place in order to prevent it from happening if he or she believes it is going to happen.
I also think that an off duty prison officer would be expected to act in some capacity if they saw an escaped prisoner running around ie outside of working hours . Is that true or have I made that one up ? memory is not what it was . :slin: I wish i'd spent more time listening at Newbold and less time playing snooker.
You're half way there.

A citizen may arrest anybody who is in the act of commiting an arrestable offence or someone who has already commited an arrestable offence.

A constable can arrest someone for the above two reasons AND anyone who he thinks is about to commit an arrestable offence or someone who he suspects may have commited an arrestable offence.

So you can see that in my example, only a constable could make that arrest.

I don't think you would be obliged to actually arrest an escaped inmate whilst off duty, but you would certainly be duty bound to make some enquiries and report it.

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Gopper » Sat Nov 21, 2009 3:53 pm

The term "whilst serving as a prison officer" means all the time you are in gainful employment as a prison officer. It was only dragged out of the statute books to prevent prison officers going on strike (so that worked, NOT!).

My advice would be leave it to the police to carryout the arrest as prison officers are not trained to make an arrest. Mistakes made at this crucial point could result in the gopper getting off Scott free, or worse still result in you being disciplined by your ever so supportive management.

There is a great book that covers this subject, "Bang em Up" by Jeff Kelly

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Prae » Sat Nov 21, 2009 9:34 pm

Again, you're wrong. It says whilst "acting" as a Prison Officer. This means when on duty or acting within the remit of the job, as in my example. Prison Officers do not have the power of a constable at all times like our Police colleagues. They are attested by a magistrate and we are not.

I agree that interviews should be conducted by the Police but there isn't always time to let them make arrests as non-emergency response is anywhere up to 2 hours around here.

Finally, if you would like to advertise your book then please do it in the right place. Shamelessly plugging it in every thread is frankly embarrasing.
:slno:

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by godhelpus » Sat Nov 21, 2009 10:00 pm

Prae wrote:Finally, if you would like to advertise your book then please do it in the right place. Shamelessly plugging it in every thread is frankly embarrasing.
:slno:

Oh no killjoying in a thread by a prison officer.

There is a chapter in a book called “Bang 'Em Up” that covers this very subject. Cant for the life of me remember the author.

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by Prae » Sat Nov 21, 2009 10:05 pm

It's not by Jeff Kelly is it, by any chance?

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Re: DOES A PRISON OFFICER HAVE THE POWER OF ARREST?

Post by godhelpus » Sat Nov 21, 2009 10:13 pm

Prae wrote:It's not by Jeff Kelly is it, by any chance?

Of course thanks for that.

There is a chapter in the book about forgetfulness im sure.

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