Subordinate OfficersCentral

Section 21 of The Prisons Act, 1894

The officer acting as gate-keeper, or any other officer of the prison, may examine anything carried in or out of the prison, and may stop and search or cause to be searched any person suspected of bringing any prohibited article into or out of the prison, or of carrying out any property belonging to the prison, and, if any such article or property be found, shall give immediate notice thereof to the Jailer.

Summary

The officer acting as gate-keeper, or any other prison officer, has the power to examine anything carried into or out of the prison.
The gate-keeper or other officers can stop and search any person suspected of bringing in or taking out prohibited articles.
They can also stop and search any person suspected of carrying out property that belongs to the prison.
If they find any prohibited article or prison property, they must give immediate notice to the Jailer.

Practical examples

1On February 10, 2027, Gate-keeper Thomas Ross noticed a visitor, John Doe, carrying a bulky package. Thomas examined the package, found a hidden bottle of alcohol (a prohibited article), stopped John, and immediately notified Jailer Arthur Pendelton.

2On March 14, 2027, Prison Officer Sarah Jenkins saw a kitchen staff member leaving with several copper pots. Sarah stopped and searched the staff member, recovered the prison's kitchen property, and immediately notified the Jailer about the incident.

FAQ

1. Who is authorized to examine items and search people at the prison gate under this provision?

The officer acting as gate-keeper, or any other officer of the prison, has this authority.

2. What can a gate-keeper search a person for?

They can search any person suspected of bringing any prohibited article in or out of the prison, or of carrying out any property belonging to the prison.

3. What must the gate-keeper do immediately if they discover a prohibited article or stolen prison property during a search?

They must give immediate notice of the discovery to the Jailer.

Test yourself

Q1.Under Section 21 of The Prisons Act, 1894, who must be immediately notified if a gate-keeper finds a prohibited article or prison property during a search?

Q2.Under Section 21 of The Prisons Act, 1894, what are the two categories of items that justify a gate-keeper stopping and searching a suspected person?

Q3.Under Section 21 and Section 22 of The Prisons Act, 1894, if a gate-keeper wants to leave their post temporarily, can they do so without permission?

Q4.Under Section 21 of The Prisons Act, 1894, which officers are legally authorized to examine items carried in or out of the prison?

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