Prison Rules 2007
S.I. No. 252 of 2007
PRISON RULES 2007
REVISED
Updated to 1 January 2024
This Revised Statutory Instrument is an administrative consolidation of the Prison Rules 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 Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, and all statutory instruments up to and including Income Tax (Employments) Regulations 2024 (S.I. No. 1 of 2024), made 4 January 2024, were considered in the preparation of this Revised Statutory Instrument.
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.
S.I. No. 252 of 2007
PRISON RULES 2007
REVISED
Updated to 1 January 2024
ARRANGEMENT OF RULES
PART 1
Preliminary and General
Article
|
1. |
Citation and commencement |
|
2. |
Interpretation |
PART 2
Reception and Registration
|
3. |
Lawful detention |
|
4. |
Recording of prisoner's details |
|
5. |
Informing family member or friend |
|
6. |
Searching |
|
7. |
Articles found in search and offences |
|
8. |
Prisoner's property |
|
9. |
Prohibited articles |
|
10. |
Measurements, photographs, fingerprints and palm prints |
|
11. |
Medical examination |
|
12. |
Hot bath or shower |
|
13. |
Explanation of prisoner's entitlements, obligations and privileges |
|
14. |
Meeting with Governor |
|
15. |
Release date |
|
16. |
Foreign nationals |
|
17. |
Child of female prisoner |
PART 3
Treatment of Prisoners
Basic Provisions
|
18. |
Certification of cells or rooms |
|
19. |
Insufficient accommodation |
|
20. |
Prison hygiene |
|
21. |
Clothing |
|
22. |
Bedding |
|
23. |
Food and drink |
|
24. |
Sanitary and washing facilities |
|
25. |
Personal cleanliness |
|
26. |
Tobacco, intoxicating liquor and drugs |
Association and Activity
|
27. |
Out-of-cell time and authorised structured activity |
|
28. |
Work |
|
29. |
Gratuity |
|
30. |
Employment of prisoners |
|
31. |
Restrictions on the involvement of prisoners in certain activities |
|
32. |
Exercise |
|
32A. |
Suspension, restriction or modification of entitlements under Rule 32 where necessary to prevent or limit the spread of an infectious disease |
Support Services
|
33. |
Entitlement to Health Services |
|
34. |
Religious, spiritual and moral life |
Contact with Outside Community
|
35. |
Ordinary visit |
|
36. |
Regulation of visits |
|
36A. |
Suspension, restriction or modification of entitlements under Rule 35 where necessary to prevent or limit the spread of an infectious disease |
|
37. |
Visit for prisoner committed in default of payment of money or in prison in default of bail |
|
38. |
Visit by legal adviser or relating to court appearance |
|
39. |
Visit to foreign national |
|
40. |
Visit by Probation and Welfare Officer relating to reports for court or other relevant purpose |
|
41. |
Visit by member of the Garda Síochána |
|
42. |
Video links |
|
43. |
Letters |
|
44. |
Letter to authorities |
|
45. |
Examination of letters |
|
46. |
Telephone calls |
|
47. |
Contact in case of emergency or death of prisoner |
|
48. |
Current affairs, sport and other developments |
|
49. |
Provision of services by persons outside prison |
Privacy
|
50. |
Transport of prisoners to and from prison |
|
51. |
Breach of confidence |
|
52. |
Separation of male and female prisoners |
Searches and Prohibitions
|
53. |
Search of prisoner's property |
|
54. |
Conveying articles into or out of prison |
Grievance Procedures
|
55. |
Governor's meeting with prisoners |
|
56. |
Prisoner's request to meet with visiting committee |
|
57. |
Prisoner's meeting with officer of Minister |
|
57A. |
Complaints of a criminal offence |
|
57B. |
Preparation of internal reports on complaints |
Long Term Prisoners
|
58. |
Prisoners serving long sentences |
Remission, Transfer and Release
|
59. |
Remission |
|
60. |
Record of transfer or release |
|
61. |
Basic provision on release |
PART 4
Control, Discipline and Sanctions
|
62. |
Removal of prisoner from structured activity or association on grounds of order |
|
63. |
Protection of vulnerable prisoners |
|
64. |
Use of special observation cell |
|
65. |
Use of restraints |
Discipline
|
66. |
Breach of prison discipline |
|
67. |
Inquiry into breach of prison discipline |
|
68. |
Notification of Appeal Tribunal Decision |
PART 5
Young Prisoners
|
69. |
Separation of young prisoners |
|
70. |
Release |
PART 6
Prisoners Not Serving Sentence
|
71. |
Separate accommodation |
|
72. |
Authorised structured activity |
|
73. |
Private healthcare - request by unconvicted prisoner |
|
74. |
Payment by unconvicted prisoner for private healthcare |
PART 7
Governors
|
75. |
Duties of Governor |
|
76. |
Delegation by Governor of functions |
|
77. |
Inspection of prison |
|
78. |
Local orders |
|
79. |
Viewing of prison |
|
80. |
Special monitoring of prisoner |
|
81. |
Burial or cremation of deceased prisoner |
|
82. |
Power to search person and remove person from prison |
|
83. |
Reporting to Minister |
|
84. |
Annual report to Minister |
PART 8
Prison Officers
|
85. |
Duties of prison officer |
|
86. |
Observation and direction of prisoners |
|
87. |
Examination of and report on buildings, structures and equipment |
|
88. |
Communication with Governor or officer of higher rank |
|
89. |
Communication with Minister |
|
90. |
Request of prisoner to see Governor or officer of higher rank |
|
91. |
Reporting breach of prison discipline |
|
92. |
Imposition of punishment or penalty |
|
93. |
Use of force |
|
94. |
Sick leave and annual leave |
|
95. |
Suspended officer |
|
96. |
Notification of proceedings for a criminal offence or bankruptcy |
|
97. |
Contact by prison officers with former prisoners or connected persons |
PART 9
|
98. |
Official Accommodation |
PART 10
Healthcare
|
99. |
Provision of healthcare services |
|
100. |
Performance of functions by healthcare professionals |
|
101. |
Duties of prison doctor |
|
102. |
Information about prisoner requiring medical attention |
|
103. |
Recommendations of prison doctor |
|
104. |
Information to Governor on detrimental aspects of prison environment |
|
105. |
Information to Governor on state of health of prisoner |
|
106. |
Outside medical assistance |
|
107. |
Records and annual report |
PART 11
Probation Service
|
108. |
Probation Service |
|
109. |
Performance of functions by Probation and Welfare Officers |
PART 12
Education
|
110. |
Education and library services |
PART 13
Vocational Training
|
111. |
Provision of vocational training |
PART 14
Psychology Service
|
112. |
Provision of psychology service |
|
113. |
Performance of functions by psychologist |
PART 15
Chaplains
|
114. |
Duties of chaplain |
|
115. |
Provision of chaplaincy services |
|
116. |
Information to chaplain |
|
117. |
Time and place of chaplain visits |
|
118. |
Information to Governor |
|
119. |
Annual report |
PART 16
Revocations, Savers and Transitional Provisions
|
120. |
Revocations |
|
121. |
Savers |
|
122. |
Transitional provisions |
SCHEDULE 1
Breaches of Prison Discipline
SCHEDULE 2
Revocations
S.I. No. 252 of 2007
PRISON RULES 2007
REVISED
Updated to 1 January 2024
I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 35 of the Prisons Act, 2007 (No. 10) hereby make the following rules:
Annotations
Modifications (not altering text):
C1
Application of Rules extended (4.12.2009) by Courts and Court Officers Act 2009 (36/2009), s. 11(2) and (5), commenced on enactment.
Definitions (Part 2)
5.—In this Part— ...
“holding area officer” means—
(a) a governor, or a member of the Garda Síochána, in whose temporary custody a person is placed under section 6,
(b) a person who assumes the duties of a holding area officer under section 11(6),
(c) a member in charge who assumes the powers and functions of a holding area officer under paragraph (a) of section 11(7), or
(d) a member of the Garda Síochána to whom the powers and functions referred to in paragraph (c) are transferred under paragraph (b) of section 11 (7);
...
“Prison Rules” means the Prison Rules 2007 (S.I. No. 252 of 2007)
...
Functions of holding area officer.
11.— ...
(2) A holding area officer may search, in accordance with the Prison Rules, the person of any person who has been placed in his or her temporary custody under section 6 if he or she is of the opinion that it is necessary to do so to perform his or her functions under this Part.
...
(5) Nothing in this section shall be construed as limiting the powers under the Prison Rules of a holding area officer who is a prison officer.
...