Prisons Act 2007
Number 10 of 2007
PRISONS ACT 2007
REVISED
Updated to 1 August 2023
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 the Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 391 of 2023), made 28 July 2023, 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 1 August 2023
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title, commencement and collective citation.
Prisoner Escort Services
5. Agreement for the provision of prisoner escort services.
6. Certification of prisoner custody officers.
8. Functions of prisoner custody officer.
9. Prohibition of unauthorised disclosure of information.
Prison Discipline
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.
Requirements relating to Construction and Extensions of Prisons
17. Interpretation (Part 4). (Repealed)
18. Application of this Part. (Repealed)
19. Environmental impact assessment. (Repealed)
20. Notice of development. (Repealed)
21. Contents of notice. (Repealed)
22. Publication of information on development. (Repealed)
23. Appointment of rapporteur. (Repealed)
24. Procedure where substantive amendments by Minister to development. (Repealed)
25. Decision by Minister on development. (Repealed)
26. Oireachtas approval for development. (Repealed)
27. Questioning of acts, etc., done pursuant to this Part. (Repealed)
28. Exemptions, etc., relating to development. (Repealed)
29. Saving. (Repealed)
Inspector of Prisons
Miscellaneous
33. Certain applications to court to be heard using videolink. (Repealed)
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.
Acts Referred to
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1990, No. 3 |
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2001, No. 24 |
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1997, No. 4 |
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1994, No. 2 |
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1960, No. 27 |
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1990, No. 16 |
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2006, No. 11 |
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1967, No. 12 |
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General Prisons (Ireland) Act 1877 |
40 & 41 Vic., c. 49 |
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2000, No. 5 |
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1930, No. 2 |
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National Monuments Acts 1930 to 2004 |
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Penal Servitude Act 1891 |
54 & 55 Vic., c. 69 |
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2000, No. 30 |
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Planning and Development Acts 2000 to 2006 |
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1933, No. 51 |
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1970, No. 11 |
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1972, No. 7 |
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Prisons Acts 1826 to 1980 |
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Prisons (Ireland) Act 1907 |
7. Edw. 7., c. 19 |
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1925, No. 11 |
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1947, No. 44 |
Number 10 of 2007
PRISONS ACT 2007
REVISED
Updated to 1 August 2023
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.
[31st 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
Functions under subs. (1)(c) transferred (14.09.2020) by Heritage (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 339 of 2020), art. 3(1) and sch. part 1, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.
Note alteration of name of Department and title of Minister to Housing, Local Government and Heritage (30.09 2020) by Housing, Planning and Local Government (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 408 of 2020), in effect as per art. 1(2).
3. (1) The functions vested in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts specified in Part 1 of the Schedule and the provisions of the Acts specified in Part 2 of the Schedule are transferred to the Minister for Housing, Planning and Local Government.
(2) References to the Minister for Culture, Heritage and the Gaeltacht contained in any Act or instrument made thereunder and relating to any functions transferred by paragraph (1) shall, from the commencement of this Order, be construed as references to the Minister for Housing, Planning and Local Government.
...
SCHEDULE
Part 2
...
Sections 20(1)(c) and 28 of the Prisons Act 2007 (No. 10 of 2007);
C3
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.