Prisons Act 2007

15.

Appeal against forfeiture of remission of portion of sentence.

15.— (1) Without prejudice to section 14 , a prisoner—

( a) who is found by a governor to have committed a breach of prison discipline, and

( b) on whom a sanction of forfeiture of remission of portion of his or her sentence has been imposed,

may notify the governor of his or her intention to appeal against the finding or sanction, or both finding and sanction, to an Appeal Tribunal established under section 16 .

(2) On receipt of the notification, the governor shall refer the matter to an Appeal Tribunal.

(3) The Appeal Tribunal may invite the prisoner and the governor to make written submissions to it in relation to the appeal.

(4) The prisoner shall be notified by the Appeal Tribunal of the date and time of the hearing of the appeal and that he or she—

( a) may attend the hearing, and

( b) may, for the purposes of the hearing, avail himself or herself of legal aid, advice or representation or apply for free legal aid under the regulations referred to in subsection (7).

(5) If the appeal relates only to the sanction imposed, the Appeal Tribunal may limit the hearing to issues relating to the sanction.

(6) The Appeal Tribunal may—

( a) uphold or quash a finding that the prisoner has committed the breach of prison discipline concerned,

( b) affirm or quash the sanction imposed by the governor,

( c) vary the period of remission to be forfeited, subject to the period, as so varied, not exceeding 14 days, or

( d) where it quashes the sanction, substitute for it any other sanction provided for in section 13 .

(7) The Minister may, with the consent of the Minister for Finance, make regulations providing for the granting of legal aid to prisoners appealing to an Appeal Tribunal under this section.

(8) The decision of an Appeal Tribunal shall be notified in writing to the governor and prisoner and be published in accordance with prison rules.

Annotations:

Modifications (not altering text):

C6

Functions under subs. (7) transferred and references to “Department of Finance” and “Minister for Finance” under subs. (7) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

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Schedule 1

Enactments

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Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

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No. 10 of 2007

Prisons Act 2007

Sections 5, 15(7) and 16(4)

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Editorial Notes:

E12

Prisoner confirmed to be in breach of prison discipline if he or she gives false evidence to, frustrates or fails to cooperate with an investigation or inquiry under section (1.10.2007) by Prison Rules 2007 (S.I. No. 252 of 2007), rule 66 and sch. 1 par. 13, in effect as per rule 1(2).