Prisons Act 2007

7.

Revocation of certificate.

7.— (1) If, in relation to a prisoner custody officer, the Minister ceases to be satisfied as to any of the matters referred to in section 6 (6) , he or she shall revoke the certificate issued in respect of that person.

(2) Where it falls to the Minister to make a decision as to whether or not a certificate should be revoked, the Minister shall direct that, pending the making of the decision, the prisoner custody officer concerned shall not perform the functions of a prisoner custody officer.

(3) The prisoner custody officer concerned and the contractor by whom he or she is employed shall comply with a direction under subsection (2).

(4) Where the Minister revokes a certificate, he or she shall, by notice in writing, inform the prisoner custody officer concerned and the contractor concerned.

(5) If the Minister revokes a certificate, the prisoner custody officer concerned may, not later than 6 weeks from the date on which he or she receives a notice under subsection (4), or such later date as the court may permit, appeal to the court against the decision to revoke the certificate.

(6) The court may, on the hearing of the appeal—

( a) dismiss the appeal and affirm the decision of the Minister to revoke the certificate, or

( b) allow the appeal and set aside the revocation.

(7) A person who contravenes subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or a term of imprisonment not exceeding 6 months or both.

(8) A person in respect of whom a certificate is not in force and who purports to perform functions of a prisoner custody officer is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or a term of imprisonment not exceeding 6 months or both.

(9) Upon receipt by—

( a) a person appointed under section 10 ,

( b) the Commissioner of the Garda Síochána, or

( c) the governor of a prison or person for the time being performing the functions of governor of a prison,

of a complaint in writing concerning the conduct of a prisoner custody officer the said person, Commissioner, governor or person performing the functions of governor, as the case may be, shall refer the matter to the Minister.

(10) In this section “court” means the Circuit Court for the circuit in which—

( a) the prisoner custody officer concerned resides, or

( b) the contractor by whom he or she is employed has his or her principal office in the State.