Prisons Act 2007

35.

Prison rules.

35.— (1) The Minister may make rules for the regulation and good government of prisons.

(2) Without prejudice to the generality of subsection (1) and to Part 3 , such rules may provide for—

( a) the duties and conduct of the governor and officers of a prison,

( b) the classification of prisoners,

( c) the treatment of prisoners, including their diets, clothing, maintenance, employment, instruction, discipline and correction,

( d) the provision of facilities and services to prisoners, including educational facilities, medical services and services relating to their general moral and physical welfare,

( e) the acts which constitute breaches of prison discipline committed by prisoners while inside a prison or outside it in the custody of a prison officer or prisoner custody officer,

( f) the remission of portion of a prisoner’s sentence,

( g) the manner of publication of decisions of an Appeal Tribunal,

( h) the entry to a prison of a member of the Garda Síochána in the performance of his or her functions,

( i) photographing and measuring prisoners and taking fingerprints and palmprints from them, and

( j) testing prisoners for intoxicants, including alcohol and other drugs.

(3) The governor of a prison or an officer of the prison acting on his or her behalf may give to a member of the Garda Síochána copies of—

( a) photographs, measurements, fingerprints or palmprints obtained in accordance with rules under this section, and

( b) documents relating to the testing of prisoners under subsection (2)(j).

(4) Rules under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the rules is passed by either such House within the next 21 days on which the House has sat after they are laid before it, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(5) Rules under section 12 of the General Prisons (Ireland) Act 1877 and the Prisons (Ireland) Act 1907, and regulations made under section 8 of the Penal Servitude Act 1891, that were in force immediately before the commencement of this section by virtue of section 19(8) of the Criminal Justice (Miscellaneous Provisions) Act 1997 shall continue in force as if made under this section and may be amended or revoked accordingly.

Annotations:

Editorial Notes:

E17

Power pursuant to section exercised (30.11.2018) by Prison (Amendment) Rules 2018 (S.I. No. 507 of 2018).

E18

Power pursuant to section exercised (3.07.2017) by Prison (Amendment) Rules 2017 (S.I. No. 276 of 2017), in effect as per rule 1(3).

E19

Power pursuant to section exercised (15.08.2014) by Prison (Amendment) (No. 2) Rules 2014 (S.I. No. 385 of 2014), in effect as per rule 1(3).

E20

Power pursuant to section exercised (29.05.2014) by Prison (Amendment) Rules 2014 (S.I. No. 227 of 2014), in effect as per rule 1(3).

E21

Power pursuant to section exercised (14.01.2014) by Prison Rules (Amendment) 2013 (S.I. No. 11 of 2013), in effect as per rule 1(5).

E22

Power pursuant to section exercised (1.11.2009) by Prison (Disciplinary Code for Officers) (Amendment) Rules 2009 (S.I. No. 438 of 2009), in effect as per rule 1(2).

E23

Power pursuant to section exercised (1.10.2007) by Prison Rules 2007 (S.I. No. 252 of 2007), in effect as per rule 1(2).