Prisons Act 2007

PART 1 Preliminary and General

1. Short title, commencement and collective citation.

1.— (1) This Act may be cited as the Prisons Act 2007.

(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.

(3) This Act and the Prisons Acts 1826 to 1980 may be cited together as the Prisons Acts 1826 to 2007.

2. Interpretation (general).

2.— In this Act—

“governor” means the governor of a prison or an officer of the prison acting on his or her behalf;

“Minister” means the Minister for Justice, Equality and Law Reform;

“prison” means a place of custody administered by or on behalf of the Minister (other than a Garda Síochána station) and includes—

(a) F1[…]

(b) a place provided under section 2 of the Prisons Act 1970,

(c) a place specified under section 3 of the Prisons Act 1972;

“prisoner” means a person who is ordered by a court to be detained in a prison and includes a prisoner who is in lawful custody outside a prison;

“prison rules” means any rules for the government of prisons made under section 35 or other enactment and in force at a material time.

3. Expenses.

3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Prisoner Escort Services

4. Interpretation (Part 2).

4.— In this Part—

“agreement” means an agreement mentioned in section 5;

“certificate” means a certificate issued by the Minister under section 6;

“contractor” has the meaning assigned to it by section 5;

“employment” includes employment under a contract for services, and cognate words shall be construed accordingly;

“prisoner custody officer” means a person—

(a) in respect of whom a certificate under section 6 is in force, and

(b) who is, for the time being, in the employment of a contractor;

“prisoner escort services” has the meaning assigned to it by section 5.

5. Agreement for the provision of prisoner escort services.

5.— (1) The Minister may, with the consent of the Minister for Finance and the approval of the Government, enter into an agreement with another person (in this Act referred to as a “contractor”) for the provision by that person of prisoner escort services.

(2) An agreement to which subsection (1) applies shall be subject to such terms and conditions as the Minister, with the consent of the Minister for Finance, shall determine.

(3) The Minister may terminate an agreement under subsection (1) if the contractor fails to comply with any of the terms or conditions of the agreement concerned or contravenes a provision of this Act.

(4) In this section “prisoner escort services” means services that before the passing of this Act were normally provided by members of the Garda Síochána or prison officers in relation to—

(a) the transfer of prisoners from any place (including a prison) to a prison or from a prison to any place (including a prison),

(b) the detention in custody of prisoners in a prison in the course of their transfer from one prison to another prison,

(c) the detention in custody of prisoners in a place other than a prison, or

(d) the production of a prisoner to a court.

6. Certification of prisoner custody officers.

6.— (1) An application may be made to the Minister by or on behalf of any person for a certificate that the person is, in the opinion of the Minister, a fit and proper person to perform the functions of a prisoner custody officer.

(2) An application under this section shall be in such form and accompanied by such fee as may be determined by the Minister and shall also be accompanied by such information or documentation as the Minister may reasonably require to enable him or her to perform his or her functions under this section.

(3) The Minister may, for the purposes of performing his or her functions under this section, make such further inquiries as he or she considers appropriate.

(4) It shall be the duty of an applicant for a certificate, at all times, to provide the Minister with such information as he or she may reasonably require to enable him or her to perform his or her functions under this section.

(5) Subject to subsection (7), the Minister may, on an application under this section, issue a certificate in respect of the person to whom the application relates.

(6) The Minister shall not issue a certificate unless he or she is satisfied that the person—

(a) is of good character,

(b) is capable of performing the functions of prisoner custody officer,

(c) has undergone such course of training relating to, or has such experience of, custody of prisoners as would, in the opinion of the Minister, enable the person to perform the functions of a prisoner custody officer in an efficient manner, and

(d) is otherwise a fit and proper person to perform the functions of a prisoner custody officer.

(7) It shall be a condition of a certificate that the person in respect of whom it is issued shall, in the performance of his or her functions as a prisoner custody officer—

(a) not contravene the terms of an agreement under section 5, and

(b) comply with the provisions of this Act and any prison rules relating to the treatment of prisoners in custody.

(8) The Minister may attach such other conditions to a certificate as he or she considers appropriate.

(9) A certificate shall remain in force for such period, not exceeding 5 years, as is specified in the certificate.

(10) Where the Minister refuses to issue a certificate, he or she shall, by notice in writing, inform the applicant of the reasons for his or her so refusing.

(11) If the Minister refuses to issue a certificate to an applicant, the applicant may, not later than 6 weeks from the date on which he or she receives a notice under subsection (10), or such later date as the court may permit, appeal to the court for an order directing the Minister to issue a certificate to the applicant.

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

(a) dismiss the appeal and affirm the refusal of the Minister to issue the certificate, or

(b) allow the appeal and direct the Minister to issue a certificate to the applicant.

(13) The Minister shall comply with a direction of the court under this section.

(14) A person who knowingly or recklessly provides the Minister with information or documentation that is false or misleading in a material respect is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

(15) A person who—

(a) forges or utters, knowing it to be forged, a certificate purporting to have been issued under this section (in this subsection referred to as a “forged certificate”),

(b) alters with intent to deceive or defraud or utters, knowing it to be so altered, a certificate (in this subsection referred to as an “altered certificate”), or

(c) without lawful authority or other reasonable excuse, has in his or her possession a forged certificate or an altered certificate,

is guilty of an offence and liable—

(i) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 5 years or both.

(16) In this section—

“applicant” includes a person on whose behalf another person applies for a certificate;

“court” means the Circuit Court for the circuit in which—

(a) the applicant resides, or

(b) the contractor concerned has his or her principal office in the State.

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.

8. Functions of prisoner custody officer.

8.— (1) A prisoner custody officer shall, while escorting a prisoner, have all such powers as are conferred on prison officers by or under any enactment and shall, in particular, have the power to search the person of any prisoner for whose transfer or custody he or she is responsible and to remove any prohibited articles found during the course of such a search.

(2) A prisoner custody officer shall not, in the performance of his or her functions under subsection (1), remove or require the removal of a prisoner’s clothing (other than outer clothing) unless he or she has reasonable grounds for believing that the prisoner has concealed a prohibited article beneath his or her clothing.

(3) A prisoner custody officer shall not conduct a search—

(a) of a prisoner who is not of his or her sex, or

(b) in public view.

(4) A prisoner custody officer shall, as respects any prisoner for whose transfer or custody he or she is responsible—

(a) prevent his or her escape from lawful custody,

(b) prevent the commission of an offence by him or her,

(c) ensure that he or she behaves in an orderly and disciplined fashion,

(d) comply with any order of a court relating to him or her, including any such order relating to his or her custody, treatment or transfer.

(5) A prisoner custody officer may, where necessary, use all reasonable force in the performance of his or her functions under this section.

(6) It shall be the duty of a prisoner custody officer, when escorting a prisoner from a court to a prison, to give to the governor of the prison—

(a) the original or a copy of any order of the court committing the prisoner to the prison or any other document relating to the committal,

(b) any medication or prescription for medication given to the officer in respect of the prisoner, and

(c) any information relating to the prisoner’s health that the officer is aware of.

(7) A prisoner custody officer shall, in the performance of any function under this Act in relation to a prisoner, comply with such provisions of prison rules as apply in relation to the performance of that function by a prison officer.

(8) In this section—

“outer clothing” means—

(a) a hat, shoes or gloves, or

(b) a coat, sweater, jumper or similar garment, provided that the prisoner is wearing another garment underneath that covers all or the greater part of that part of the body that is covered by the said coat, sweater, jumper or similar garment;

“prohibited article” means any article that a prisoner would not be permitted to have in his or her possession while in prison.

9. Prohibition of unauthorised disclosure of information.

9.— (1) A prisoner custody officer shall not disclose information relating to a prisoner which is obtained by him or her in the course of his or her employment as a prisoner custody officer unless he or she—

(a) is authorised by the Minister to so do, or

(b) does so for the purposes of performing his or her functions as a prisoner custody officer.

(2) A person who contravenes subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

10. Reports to Minister.

10.— (1) The Minister shall appoint one of his or her officers to monitor the performance by a contractor of his or her functions under an agreement.

(2) A person appointed under this section shall, not later than 31 March in each year, prepare and submit a report to the Minister on the performance by a contractor of his or her functions under an agreement in respect of the year immediately preceding the year in which the report is so prepared and submitted.

(3) A person appointed under this section may, for the purposes of performing his or her functions under this section—

(a) at all reasonable times enter the principal office in the State of a contractor or any premises at which he or she carries on business in the State, and

(b) inspect and take copies of any books, records, other documents (including documents stored in non-legible form) or extracts therefrom which he or she finds in the course of his or her inspection.

PART 3 Prison Discipline

11. Interpretation (Part 3).

11.— In this Part—

“Appeal Tribunal” means a tribunal appointed under section 16;

“breach of prison discipline” is to be construed in accordance with the relevant provisions of prison rules.

12. Inquiry into alleged breach of prison discipline.

12.— (1) If a prisoner is alleged to have committed a breach of prison discipline, the governor of the prison may decide to hold an inquiry into the alleged breach.

(2) The prisoner shall be informed of the alleged breach and of the date and time of the inquiry.

(3) The procedure relating to an inquiry may be specified in prison rules.

(4) At the conclusion of an inquiry, the governor shall—

(a) if he or she finds that the prisoner committed a breach of prison discipline—

(i) impose such one or more of the sanctions provided for in section 13 as he or she considers appropriate, and

(ii) record the finding and the sanction imposed,

or

(b) if he or she does not so find, record a finding that the allegation has not been substantiated.

13. Sanctions for breach of prison discipline.

13.— (1) One or more than one of the following sanctions may be imposed on a prisoner who is found by the governor to have committed a breach of prison discipline:

(a) caution;

(b) reprimand;

(c) confinement in a cell (other than a special observation cell) for a period not exceeding 3 days;

(d) prohibition, for a period not exceeding 60 days, on—

(i) engaging in specified authorised structured activities or recreational activities,

(ii) receiving visits (except those from a doctor or other healthcare professional, his or her legal adviser, a chaplain or member of the visiting committee to the prison, the Inspector of Prisons, a judge or representative of a court or tribunal, a member of either House of the Oireachtas, a representative of the Minister, Parole Board, Human Rights Commission or European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment or, if the prisoner is a national of another state, a diplomatic or consular officer of that state),

(iii) sending or receiving letters (except letters from a person mentioned in subparagraph (ii) or the United Nations Committee against Torture or any document relating to the registration of electors (including entry in the postal voters’ list) or to voting at an election or a referendum),

(iv) using money or credit or any other facilities, including telephone facilities, or

(v) possessing specified articles or articles of a specified class the possession of which is permitted as a privilege;

(e) forfeiture of such sum of money credited or to be credited to the prisoner from public funds as may be specified by the governor;

(f) forfeiture of not more than 14 days’ remission of portion of a sentence;

(g) postponement, for a specified period not exceeding 60 days, of payment of the amount of any gratuity to which the prisoner would have been entitled under prison rules in respect of such a period;

(h) where the breach of prison discipline concerned relates to an attempt to escape from lawful custody, a requirement to wear prison clothes for a specified period not exceeding 60 days.

(2) The governor may suspend, subject to such conditions as he or she may specify, the operation of the whole or any part of a sanction so imposed (other than a sanction of forfeiture of remission) for a period not exceeding 3 months from the date of the conclusion of the inquiry concerned.