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


About this Revised Statutory Instrument

This Revised Statutory Instrument presents the text of the instrument as it has been amended, and preserves the format in which it was made.

Related legislation

Prison Rules 2007 to 2020: this statutory instrument is one of a group of statutory instruments included in this collective citation, to be construed together as one (Prison (Amendment) Rules 2020, art. 1(2)). The instruments in this group are:

Prison Rules 2007 (S.I. No. 252 of 2007)

Prison Rules (Amendment) 2013 (S.I. No. 11 of 2013)

Prison (Amendment) Rules 2014 (S.I. No. 227 of 2014)

Prison (Amendment) (No.2) Rules 2014 (S.I. No. 385 of 2014)

Prison (Amendment) Rules 2017 (S.I. No. 276 of 2017)

Prison (Amendment) Rules 2018 (S.I. No. 507 of 2018)

Prison (Amendment) Rules 2020 (S.I. No. 250 of 2020)

Annotations

This Revised Statutory Instrument is annotated and includes textual and non-textual amendments and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this statutory instrument, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Irish Human Rights and Equality Commission Act 2014 (25/2014)

Courts and Court Officers Act 2009 (36/2009)

All Acts up to and including Electoral (Amendment) Act 2023 (40/2023), enacted 19 December 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 452 of 2020)

Prison (Amendment) Rules 2020 (S.I. No. 250 of 2020)

Prison (Amendment) Rules 2018 (S.I. No. 507 of 2018)

Prison (Amendment) Rules 2017 (S.I. No. 276 of 2017)

Prison (Amendment) (No.2) Rules 2014 (S.I. No. 385 of 2014)

Prison (Amendment) Rules 2014 (S.I. No. 227 of 2014)

Prison Rules (Amendment) 2013 (S.I. No. 11 of 2013)

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011)

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010)

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 revision.


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.

...