Prisons Act 2007
Lawful custody of prisoners while absent from prison.
40.— (1) A prisoner who—
( a) is absent from a prison pursuant to an order under section 39 or another enactment or an order of a court, or
( b) is being brought to or from a prison or court,
may be placed in the custody of a prison officer, a prisoner custody officer or a member of the Garda Síochána.
(2) A prisoner in such custody is deemed to be in lawful custody.