Prisons Act 2007


Number 10 of 2007


PRISONS ACT 2007

REVISED

Updated to 3 July 2017


This Revised Act is an administrative consolidation of the Prisons Act 2007. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Criminal Justice Act 2017 (14/2017), enacted 28 June 2017, and all statutory instruments up to and including Prison (Amendment) Rules 2017 (S.I. No. 276 of 2017), made 29 June 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 10 of 2007


PRISONS ACT 2007

REVISED

Updated to 3 July 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.

Related legislation

Prisons Acts 1826 to 2015 : this Act is one of a group of Acts included in this collective citation, to be cited together as one ( Prisons Act 2015 (57/2015), s. 1(3)). The Acts in the group include:

Prisons (Ireland) Act 1826 (7 Geo. IV, c. 74)

Prisoners (Ireland) Amendment Act 1884 (47 & 48 Vict., c. 36)

Fine or Imprisonment (Scotland and Ireland) Act 1899 (62 & 63 Vict., c. 11)

Prisons (Ireland) Act 1907 (7 Edw. 7, c. 19)

Prisons Act 1933 (51/1933)

Prisons Act 1956 (9/1956)

Prisons Act 1970 (11/1970) (repealed)

Prisons Act 1972 (7/1972) (repealed)

Prisons Act 1974 (10/1974)

Prisons Act 1977 (14/1977)

Prisons Act 1980 (6/1980)

Prisons Act 2007 (10/2007)

Prisons Act 2015 (57/2015), parts 1 and 2, s. 11 and part 4

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. A list of legislative changes to any Act, and to statutory instruments from 1995, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Prisons Act 2015 (57/2015)

Prison Development (Confirmation of Resolutions) Act 2013 (28/2013)

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Prison Development (Confirmation of Resolutions) Act 2010 (10/2008)

All Acts up to and including Criminal Justice Act 2017 (14/2017), enacted 28 June 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Prison (Amendment) Rules 2017 (S.I. No. 276 of 2017)

Prison (Amendment) (No. 2) Rules 2014 (S.I. No. 385 of 2014)

Prison (Amendment) Rules 2014 (S.I. No. 227 of 2014)

Prison Rules (Amendment) 2013 (S.I. No. 11 of 2013)

Direction under Section 18(1) of Prisons Act 2007 (S.I. No. 240 of 2012)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No 192 of 2011)

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011)

Ethics in Public Office (Designated Positions in Public Bodies) (Amendment) (No. 2) Regulations 2010 (S.I. No. 596 of 2010)

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010)

Prison (Disciplinary Code for Officers) (Amendment) Rules 2009 (S.I. No. 438 of 2009)

Prisons Act 2007 (Commencement) Order 2008 (S.I. No. 337 of 2008)

Prisons Act 2007 (Commencement) (No. 3) Order 2007 (S.I. No. 650 of 2007)

Prisons Act 2007 (Commencement) (No. 2) Order 2007 (S.I. No. 370 of 2007)

Prison Rules 2007 (S.I. No. 252 of 2007)

Direction under Section 18(1) of Prisons Act 2007 (S.I. No. 251 of 2007)

Prisons Act 2007 (Commencement) Order 2007 (S.I. No. 180 of 2007)

Ethics in Public Office (Designated Positions in Public Bodies) Regulations 2004 (S.I. No. 698 of 2004)

All statutory instruments up to and including Prison (Amendment) Rules 2017 (S.I. No. 276 of 2017), made 29 June 2017, were considered in the preparation of this revision.


Number 10 of 2007


PRISONS ACT 2007

REVISED

Updated to 3 July 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation.

2. Interpretation (general).

3. Expenses.

PART 2

Prisoner Escort Services

4. Interpretation ( Part 2).

5. Agreement for the provision of prisoner escort services.

6. Certification of prisoner custody officers.

7. Revocation of certificate.

8. Functions of prisoner custody officer.

9. Prohibition of unauthorised disclosure of information.

10. Reports to Minister.

PART 3

Prison Discipline

11. Interpretation ( Part 3).

12. Inquiry into alleged breach of prison discipline.

13. Sanctions for breach of prison discipline.

14. Petition by prisoner against sanction.

15. Appeal against forfeiture of remission of portion of sentence.

16. Appeal Tribunals.

PART 4

Requirements relating to Construction and Extensions of Prisons

17. Interpretation ( Part 4).

18. Application of this Part.

19. Environmental impact assessment.

20. Notice of development.

21. Contents of notice.

22. Publication of information on development.

23. Appointment of rapporteur.

24. Procedure where substantive amendments by Minister to development.

25. Decision by Minister on development.

26. Oireachtas approval for development.

27. Questioning of acts, etc., done pursuant to this Part.

28. Exemptions, etc., relating to development.

29. Saving.

PART 5

Inspector of Prisons

30. Inspector of Prisons.

31. Functions of Inspector.

32. Annual report.

PART 6

Miscellaneous

33. Certain applications to court to be heard using videolink.

34. Application of section 33 to children in remand centres or children detention schools and other detained persons.

35. Prison rules.

36. Prohibition of unauthorised possession or use of mobile telecommunications device by prisoner.

37. Amendment of National Minimum Wage Act 2000.

38. Payment by prisoners for requested services.

39. Absence from prison on compassionate, etc., grounds.

40. Lawful custody of prisoners while absent from prison.

41. Minor and consequential amendments.

42. Repeals.

43. Regulations.


Acts Referred to

Building Control Act 1990

1990, No. 3

Children Act 2001

2001, No. 24

Criminal Justice (Miscellaneous Provisions) Act 1997

1997, No. 4

Criminal Justice (Public Order) Act 1994

1994, No. 2

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1990

1990, No. 16

Criminal Law (Insanity) Act 2006

2006, No. 11

Criminal Procedure Act 1967

1967, No. 12

General Prisons (Ireland) Act 1877

40 & 41 Vic., c. 49

National Minimum Wage Act 2000

2000, No. 5

National Monuments Act 1930

1930, No. 2

National Monuments Acts 1930 to 2004

Penal Servitude Act 1891

54 & 55 Vic., c. 69

Planning and Development Act 2000

2000, No. 30

Planning and Development Acts 2000 to 2006

Prisons Act 1933

1933, No. 51

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Prisons Acts 1826 to 1980

Prisons (Ireland) Act 1907

7. Edw. 7., c. 19

Prisons (Visiting Committees) Act 1925

1925, No. 11

Statutory Instruments Act 1947

1947, No. 44


Number 10 of 2007


PRISONS ACT 2007

REVISED

Updated to 3 July 2017


AN ACT TO ENABLE THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM TO ENTER INTO AGREEMENTS FOR THE PROVISION OF SERVICES RELATING TO THE ESCORT OF PRISONERS BY PERSONS OTHER THAN PRISON OFFICERS; TO PROVIDE FOR THE CONDUCT OF INQUIRIES BY GOVERNORS OF PRISONS INTO ALLEGED BREACHES OF DISCIPLINE BY PRISONERS, FOR THE SANCTIONS THAT MAY BE IMPOSED AFTER SUCH INQUIRIES AND FOR THE ESTABLISHMENT OF APPEAL TRIBUNALS TO HEAR APPEALS AGAINST FORFEITURES SO IMPOSED OF REMISSION OF PORTION OF SENTENCES; TO ENABLE SPECIAL REQUIREMENTS TO BE PROVIDED FOR IN RELATION TO THE CONSTRUCTION OR EXTENSION OF PRISONS AND OTHER PLACES OF DETENTION, INCLUDING APPROVAL THEREOF BY A RESOLUTION OF EACH HOUSE OF THE OIREACHTAS AND CONFIRMATION BY ACT OF THE OIREACHTAS OF THE RESOLUTION; TO PROVIDE FOR THE APPOINTMENT OF AN INSPECTOR OF PRISONS; TO PROVIDE FOR THE GIVING OF EVIDENCE BY PRISONERS IN CERTAIN TYPES OF PROCEEDINGS BEFORE THE COURTS BY LIVE TELEVISION LINK; TO AMEND AND REPEAL CERTAIN ENACTMENTS IN RELATION TO PRISONS AND PRISONERS AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[31 st March, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Prospective affecting provision: application of collectively cited Prisons Acts 1826 to 1980 applied with modifications by Children Act 2001 (24/2001), s. 156B, as inserted by Criminal Justice Act 2006 (26/2006), s. 144, not commenced as of date of revision.

[ Application of Prisons Acts, etc. rules to children detention schools.

156B.— Pending the making of rules under section 179 for the management of children detention schools, the Prisons Acts 1826 to 1980 and any other enactments relating to or applying to St. Patrick’s Institution or to persons serving sentences therein shall, except where they may be inconsistent with this Act, apply and have effect, with any necessary modifications, in relation to a children detention school and to persons detained therein as if the school were that Institution.]

C2

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

( a) references to the Department of Justice and Law Reform shall be construed as references to the Department of Justice and Equality;

( b) references to the Minister for Justice and Law Reform shall be construed as references to the Minister for Justice and Equality.

Editorial Notes:

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2); superseded as per C-note above.

E2

Previous affecting provision: collectively cited Prisons Acts 1826 to 1980 applied with modifications (23.07.2007) by Children Act 2001 (24/2001), s. 153(4), S.I. No. 524 of 2007; deleted (1.03.2007) by Criminal Justice Act 2006 (26/2006), s. 158 and sch. 4 am. no. 19, S.I. No. 65 of 2007.

E3

Previous affecting provisions: application of collectively cited Prisons Acts 1826 to 1980 restricted by Employment Equality Act 1977 (16/1977), s. 17B(2)(d); as inserted (2.10.1985) by European Communities (Employment Equality) Regulations 1985 (S.I. No. 331 of 1985), reg. 5; repealed (18.10.1999) by Employment Equality Act 1998 (21/1998), s. 5(1), S. I. No. 320 of 1999, art. 2.