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Welcome to the EuroPris Knowledge Management System. The table below shows questions and responses from European National Agencies. Select a question for more information or use the filters on the left to narrow down questions based on Agency or Category.
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Introduction: In Hungary, the authority and jurisdiction of police officers and correctional professionals is significantly different. For example, while „regular” police officers can and must react – even while not in service – if they perceive criminal activity or detect a violation of law; correctional professionals do not have this right nor the obligation. Police officers also wear a sidearm during their service in general, while in the case of correctional officers this mandate only applies to a few particular tasks that have to be performed while armed. We would like to obtain some insight into the practice followed by other countries, therefore the Hungarian Prison Service is kindly ask you to answer a few questions related to the topic detailed above.
Measures that could be taken by correctional officers are described in the Enforcement of Penal Sanctions Act and in the Rules on the Exercise of the Powers and Duties of Judicial Police Officers. For example in Article 239/2 of the Enforcement of Penal Sanctions Act it is stated that correctional officers »while carrying out their work, shall also be entitled to use means of compulsion against other persons if they hinder their work, threaten the safety of protected buildings and persons therein or guarded persons outside protected buildings. Judiciary police officers, while carrying out their work, shall be entitled to use means of compulsion against a person who is caught committing a criminal offence or in the breach of public law and order, and to detain such a person until the arrival of the police.« The Act stresses that these measures are entitled to use “while carrying out their work”. For example correctional officers are not entitled to give payment orders as do »regular« police officer.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?All limitations upon the measures are imposed. Each extraordinary event has to be noted down and if there is any use of limitations upon the measures have to be marked in a special report.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.In the case of identity check for example correctional officers guarding or working in protected facilities may establish the identity of persons entering or leaving protected facilities or being in an area in which movement is prohibited or restricted. Jurisdiction is limited to the time of carrying out their work.
Are there any significant differences related to the carry and use of service weapons or sidearms?In the Enforcement of Penal Sanction Act conditions for the use of service weapons or sidearms by correctional officers are prescribed. In the article 240/ par. 1 it is stated: »When performing official tasks, a judiciary police officer may deploy firearms only if otherwise unable: to protect human lives; to repel a direct life-threatening attack on them; to repel an attack on the facility they are guarding that would endanger the lives of the people inside the facility; to repel an attack against a person under their protection.« / par. 2 »In order to prevent escape from a closed or high-security prison or department, the judiciary police officer may use rubber bullets against escapees.« / par. 3 »In cases referred to in the preceding paragraphs, the judiciary police officer may use firearms only once it is clear that other means prescribed by regulations on performing the job will not ensure the execution of the official task. Circumstances permitting, the judiciary police officer must warn the person against whom the weapon is to be used with a call and a warning shot before any use of firearms.« / par. 4 »A judiciary police officer on an official task under the direct command of a superior officer may only use firearms on the superior officer's orders. The use of firearms may only be ordered in cases referred to in paragraphs one and two of this Article.« It is quite the same regarding the use of sidearm and gas dispensers. Regular police officers could use their weapon also in cases of passive resistance, while correctional officers could use only in case of active resistance.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?It is not allowed for them to have their own sidearms. They can only use those issued by the authorities.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?During the service correctional officers are obliged to take care for the security and safety of people in the given area as well as for their own security and safety. When correctional officers are out of their service they are not obligated to do anything.
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Prison officers only have authority within the custodial setting as specified in the Prison Rules. If criminal activity is detected in Scottish Prisons, Police Scotland would be called to investigate. In cases of criminal activity within the community, prison officers have no authority over and above that of an ordinary citizen.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?Within the custodial setting, prison officers would report any alleged violation of the law to Police Scotland. In cases of alleged violation of law in the community, prison officers have the status of an ordinary citizen.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.Prison officers have no jurisdiction in the community.
Are there any significant differences related to the carry and use of service weapons or sidearms?Prison officers in the Scottish Prison Service do not carry sidearms.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?Not applicable to Scottish Prison Service staff.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?No overlap.
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According with Section 22 of the Prisons Administration Law "Rights and Duties of an Official": (1) A official, in performing service tasks, has the following rights and duties: 1) to request in accordance with the procedures specified in laws and other regulatory enactments that persons cease violations of the law and other actions that interfere with the performance of the duties of a official, as well as to use the provided for compulsory measures against offenders; 2) to check personal identification documents, as well as other documents, in accordance with the procedures specified by regulatory enactments; 3) to survey detained and sentenced persons in prisons in accordance with the procedures specified by the Cabinet in order to determine whether such persons have used alcohol, narcotic or psychotropic substances; 4) to perform an inspection of persons, an examination of personal effects and clothing, to remove objects, articles and substances that are prohibited from being brought into, used and kept in a prison in accordance with the procedures specified by law; 5) to perform pre-trial investigations in conformity with the competence specified in the Criminal Procedure law; 6) to perform investigatory operations in full extent, in accordance with the competence thereof and the procedures specified in the Investigatory Operations Law, in order to disclose, cease and preclude criminal offences in prisons; and 7) in accordance with the procedures specified by the Cabinet, to carry and store a firearm that has been issued to the official for official use.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?After work and outside imprisonment place, if not connected with carrying out their service duties, correctional officers are not allowed to carry out investigation or operational activities, aimed at investigating unlawful acts. In such cases they must immediately inform the State Police.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.Outside imprisonment places the Latvian Prison Administration officers may carry out procedural activities in order to investigate unlawful actions that have been committed inside imprisonment places or the suspect is outside imprisonment places, for example, a person that is evading sentence execution (unwarranted leave of imprisonment place, persons escaped from prison).
Are there any significant differences related to the carry and use of service weapons or sidearms?No.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?According with the internal regulations of the Latvian Prison Administration about the circulation of weaponry equipment, the correctional officers are not permitted to use their own personal sidearm while carrying out their service duties. Outside their working hours, if they have the necessary permit for carrying a sidearm, correctional officers may carry their personal weapon. According with the Law On Police and the internal regulations of the State Police about the circulation of weaponry equipment, the officers of State Police are permitted to use their own personal sidearm (handguns and revolvers) when carrying out their service duties.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?The authorities can overlap in cases when there is an ongoing search for persons who have escaped from imprisonment place or are evading serving their sentence. In such cases only actions that have been mutually agreed upon are carried out. In cases when there is an attempt to deliver forbidden items (narcotic/psychotropic substance delivery to prisoners) in the area adjoining imprisonment place, all actions are carried out together or separately, but with mutual agreement.
In the Republic of Croatia legal authority of correctional officers differs from the authority held by officials of the Ministry of the Interior, which means, among other things, that they are not allowed nor is expected of them to undertake the same measures and actions.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?Correctional officers have authority to act in accordance with the Law on Execution of Prison Sentences and authorizations only relate to actions within criminal bodies, the protection of criminal bodies, and the protection and safety of prisoners during their conduct in non-criminal bodies. In this regard, correctional officers may apply their powers in order to protect the facilities, officials of the Ministry, personal protection and the protection of prisoners who they accompany and can intervene only in those circumstances. All authorities of correctional officers , arising from the Law on Execution of Prison sentences, apply only in the area of criminal bodies, in the facilities they secure, and at the time when civil servants perform regular work tasks. Outside the service or when his / her working hours have ended, the correctional officers have no authority and can be treated as any other citizen.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.Correctional officers have the authority to carry out identity checks but only to persons entering the criminal body or to persons visiting the inmates who are being treated in external health facilities or at the entrance to the facilities of the Ministry of Justice under his/her protection. Correctional officer has no authority to check identity to the citizens except in the situations we have described in the answer to the second question.
Are there any significant differences related to the carry and use of service weapons or sidearms?Correctional officers don't have weapons in personal indebtedness, they engage them only during their working hours and return it after completing their work. Weapons may only be used in cases of direct unlawful attack on them, the person they protect, attack on the ministry officials, facility they protect and prevention of the escape of prisoners (of a closed type prison). Police officers in the Ministry of Interior have the authority to use weapons during 24 hours and have them in their personal indebtness, and their conduct and powers are prescribed in the Law on Police and Police Authorities.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?Correctional officers may only use and carry official weapons of the Ministry of Justice during their regular work.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?As we have mentioned above , the authority of correctional officers only relate to the treatment within the facilities of the Ministry of Justice, therefore there is no jurisdiction interference in this context. Any treatment in criminal bodies of the police officers of the Ministry of Interior is in accordance with the Criminal Procedure Act and the Law on Police and Police Authorities, and in the case of emergency situations, duties of correctional officers and police officers are regulated by the agreement between the Ministry of the Interior and the Ministry of Justice.
During the performance of the service, prison officers are obligated to perform a service intervention against accused, convicted or other persons who obstruct the purpose of pre-trial detention execution, the purpose of prison sentence execution, disturb the activities and order in the facilities of the Corps of Prison and Court Guard (hereinafter only “the Corps“), in the premises of the facility for mentally ill offenders, in the facilities of the court, in the facilities of prosecution and its surroundings or to perform necessary measures needful for fulfilment of the purpose of the service intervention. Outside of the performance of the service, prison officers, as well as police officers, are obligated to perform the service intervention (anywhere and against anyone) in case the criminal offence or trespass is committed that directly endangers human life, health or property. Subsequently, prison officers of the Corps are obligated to notify about such service intervention the nearest unit of the Police Force.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?Prison officers, as well as police officers, are not obligated to perform service intervention; e.g. if not professionally trained or educated for such action and in case the nature of the service intervention requires such professional training or education; their health condition, drug influence or other substances significantly reduce or eliminate their ability to act; other important intention of service prevents that; in consideration of particular situation there is no precondition that service intervention will be performed successfully.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.Prison officers can perform selected legal authorisations (authorisation to request the explanation; authorisation to request the proof of identity; authorisation to tow the transport mean away) also in immediate surrounding outside of the protected facility of the Corps (prison/ remand prison, facility for mentally ill offenders, court, prosecution), respectively while fulfilling tasks according to the Act no. 4/2001 Coll. on the Corps of Prison and Court Guard as amended. When pursuing the person on the run (escaped prisoner), prison officers can moreover perform the authorisation to stop and search/inspect transport means; authorisation to perform a search of publicly accessible facilities; authorisation to close publicly accessible places; authorisation to use coercive means.
Are there any significant differences related to the carry and use of service weapons or sidearms?We cannot accurately answer because the carry and use of service weapons is regulated in departmental internal regulations. The Corps is subordinated under the Ministry of Justice of the Slovak Republic, while the Police Force is subordinated under the Ministry of Interior of the Slovak Republic.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?Prison officers shall carry and use service sidearm during the performance of the service. In justified cases, the Director General of the Corps or the Prison Governor can grant an exception.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?The Corps and the Police Force collaborate while protecting the fundamental rights and freedoms, especially while protecting the life, health, personal freedom and security of persons and while protecting the property. However each of the mentioned institutions fulfils this task within its scope given by particular legal regulation (Act no. 4/2001 Coll. on the Corps of Prison and Court Guard as amended; Act no. 171/1993 Coll. on the Police Force as amended). However, duties and authorisations of prison officers and police officers are similarly defined in the mentioned particular legal regulations.
Correctional officers are committed to stop every criminal activity of inmates they become aware of. In case they approach a battery they have to tear the opponents apart to prevent all participants from further bodily harm and to maintain safety and order. Unlike “regular” police officers they don’t need to determine the opponents’ identity. Correctional officers are allowed to take coercive action when inmates offer heavy resistance against lawful measures or show violent behavior.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?See above. In case of violation of law correctional officers don’t investigate the facts and circumstances. This is responsibility of the police only. So the prison brings a charge against the inmate in question.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.Outside a prison facility the supreme obligations of correctional officers are to detain an attempted escape by the inmate and to prevent him from making contact to people outside if there is no permission. The correctional officers are not allowed to perform identity checks.
Are there any significant differences related to the carry and use of service weapons or sidearms?Inside a prison facility guns are never carried by the correctional officers. This is prohibited absolutely! In case if needed they can use a baton, but never carry it instantly.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?They are allowed to use the official eligible weapons only.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?It’s quite not possible to compare the authorities of police and correctional officers because of the totally different workspaces and the different legal regulations that built the foundation for their official duties.
Any criminal activity discovered within the prison environment is normally reported to police to be dealt with
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?Prison Officers will only initiate measures in connection with a breach of Prison Rules any breaches criminal law will be referred to Police
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.NIPS Prison Officers do not carry out any duties beyond the prison with the exception of courthouses which are treated as an extension of the prison while staff are on duty there.
Are there any significant differences related to the carry and use of service weapons or sidearms?Officers working in prisons in Northern Ireland do not carry weapons
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?Not applicable
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?No normal areas that overlap
Foreword There are four Law Enforcement Agencies provided for by the Italian law. 1) The State Police (Ministry of Interiors) 2) The Carabinieri Corps (Ministry of Defense) 3) The Corps of Finance Police (Ministry of Economics and Finances) 4) The Corps of the Penitentiary Police (Ministry of Justice), which has competences specialized in the duties and services concerning the management of people undergoing liberty restrictions and the management of prisons, besides having competences of investigating police and of prevention police. All those Police Corps have the duties of both investigating and prevention police (police of security). Article 109 of the Italian Constitution mentions the investigating police and provides for that it operates at the disposal of the judicial authorities. The investigating police must, even on its own initiative, receive information about crimes perpetrated, prevent that further crimes are perpetrated, identify the offenders, make all the necessary deeds to gather evidence and collect everything is necessary to enforce the criminal law; they also carry out investigations and all the actions ordered or delegated to them by the judicial authorities. The Code of criminal procedure provides for the obligation for the investigating police to communicate (within 48 hours) to the public prosecutor every crime report. The concept of police of security is not defined from a normative point of view, but it refers to surveillance on and active prevention of perpetration of crimes. In general, the protection of public order and security, as well as the coordination of the law enforcement agencies fall within the competence of the Ministry of Interiors. As for the staff employed by the Italian Penitentiary Administration, it must be underlined that in our prisons work both civilian staff and Penitentiary Police staff. Prison governors belong to a different category of staff. The workers who can be defined as “civilians” are: educators, psychologists, medical doctors, social workers, accountants, clerks and tecnichal staff (e.g.: IT technicians). The Law 395 of 15 December 1990 (Act on the Corps of Penitentiary Police) established the Corps of Penitentiary Police, under the competence of the Ministry of Justice, Department of Penitentiary Administration. It is a civilian Corps with a military organization (grades, hierarchy, uniform, and so on). As mentioned, the Corps of the Penitentiary Police is one of the Law Enforcement Agencies of Italy. The specific institutional tasks of the Penitentiary Police are: to ensure the enforcement of the orders depriving people of their liberty; to ensure order, safety and security in all the prisons; to participate in the activities of offenders’ behavior observation and of their rehabilitation treatment; to carry out escorted transports of prisoners and to guard inmates hospitalized in outside healthcare structures. Moreover, the Corps of the Penitentiary Police performs further tasks, such as: to carry out duties of road police; to participate in maintaining public order; to carry out activities of investigation and public security also outside prisons; to carry out escorts for high-standing institutional authorities. The members of the Penitentiary Police are equipped with service weapons, an namely with a gun Beretta 92 FS, besides having also unit weapons at their disposal in prisons armories. As law enforcement officers, the members of the Penitentiary Police always carry their weapon with them. That said, please find below our answers to your questionnaire. Question 1 Yes, since the Penitentiary Police officer is a law enforcement agent.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?The Penitentiary Police officers are required to intervene, as law enforcement agents, every time there are law infringements.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.As highlighted in our foreword, the members of the Corps of the Penitentiary Police can and must perform all the police duties also outside the prisons, therefore they can perform identity checks and carry out investigations as well as acts aimed at preventing crimes.
Are there any significant differences related to the carry and use of service weapons or sidearms?There are no differences among law enforcement officers concerning the use of personal firearms.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?As law enforcement agents, the Penitentiary Police officers have their own service weapon and are responsible of it. The Penitentiary Police officers on duty inside the prison do not carry any weapon. During their duty time, their service weapon is kept in the prison armoury. Only in cases of extraordinary seriousness, such as riots and collective assaults, the order can be given to intervene with unit weapons.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?We confirm that the Penitentiary Police members are law enforcement officers, therefore they have the duty to carry out every police activity provided for all the other law enforcement agencies indicated in our foreword.
No. Prison Officers competence is limited only to prisoners inside the prison and to prisoners performing legitimate activities (e.g. work or study) outside the prison or prisoners that are being transported. Prison officers have competence only when they are on duty.
Do you impose limitations upon the measures correctional officers can initiate in the case of a violation of law when compared to „regular” police officers? To what extent can they intervene?See question 1.
How far does the jurisdiction of correctional officers extend while not in a prison facility? For example, can they perform an identity check? Please describe in a few sentences.See question 1.
Are there any significant differences related to the carry and use of service weapons or sidearms?Prison officers do not normally carry side arms inside the prison. Side arms are used for example when prisoner is being transported.
Are the members of law enforcement authorities – and correctional officers – entitled to have their own sidearms or can only use those issued by the authorities?They are not allowed to use their own side arms.
Please describe – if applicable – overlaps between the authorities of police officers and correctional officers. Is there anything that both of them can and must do during and out of service in order to maintain the security of a given area?There is no overlap between the authorities of police officers and correctional officers. The police can be called to give assistance inside the prison if needed.
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