S.I. No. 252/2007 - Prison Rules, 2007

STATUTORY INSTRUMENTS

S.I. No. 252 of 2007

Prison Rules, 2007

Prison Rules, 2007

ARRANGEMENT OF RULES

PART 1 preliminary and general

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

Support Services

33.	Entitlement to Health Services
34.	Religious, spiritual and moral life

Contact with Outside Community

35.	Ordinary visit
36.	Regulation of visits
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

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

Control

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

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:

PART 1 preliminary and general

Citation and commencement

1. (1) These Rules may be cited as the Prison Rules, 2007.

• (2) These Rules shall come into operation on 1^st October 2007.

Interpretation

2. (1) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Rules.

• (2) In these Rules, unless the context otherwise requires -

“Act of 1960” means the Criminal Justice Act 1960 (No.27 of 1960);

“Act of 1970” means the Prisons Act 1970 (No.11 of 1970);

“Act of 1972” means the Prisons Act 1972 (No.7 of 1972);

“Appeal Tribunal” means a body established under Part 3 of the Prisons Act 2007

“approved work” means work of such a class or type as may be approved by the Minister;

“approved person” means a person approved by the Minister;

“asylum applicant” means a person referred to in section 8(1) (a) of the Refugee Act, 1996 (No. 17 of 1996);

“authorised structured activity” has the meaning assigned to it by paragraph (2) of Rule 27 (Out-of-cell time and authorised structured activity);

“breach of prison discipline” shall be construed in accordance with Rule 66 (Breach of prison discipline);

“chaplain” means a chaplain of a prison or other person for the time being authorised to perform all or any of the functions of chaplain of the prison concerned;

“consul” means, in relation to a person who is not an Irish citizen -

• (a) the diplomatic or consular representative of the state of which that person is a citizen either in the State or accredited to the State on a non-residential basis, or

• (b) a diplomatic or consular representative of a state (being a state of which that person is not a citizen) that may formally or informally offer consular assistance to -

• (i) a citizen of a state that has no resident representative in the State, or

• (ii) a person who is not a citizen of any state;

“controlled drug” has the same meaning as in section 2 of the Misuse of Drugs Act, 1977 (No. 12 of 1977);

“convicted prisoner” means a prisoner who is being detained in prison by virtue of having been convicted of an offence, whether or not a sentence of imprisonment or detention has yet been imposed in relation to the conviction;

“Department” means the Department of State for which the Minister has charge;

“Director General” is the person appointed by the Minister to the post of Director General of the Irish Prison Service or such a person as may be designated by the Director General to perform the functions of the Director General in his temporary absence;

“Director of Prison Healthcare Services” shall be construed in accordance with paragraph (2) of Rule 99 (Provision of healthcare services);

“Director of the Probation Service” is the person appointed by the Minister to the post of Director of the Probation Service;

“doctor” means a registered medical practitioner;

“foreign national” means a person who is not a citizen of the State;

“Governor” means the Governor of a prison or other officer for the time being authorised to perform all or any of the functions of Governor of the prison concerned;

“Health Service Executive” means that body established under section 6 of the Health Act, 2004 (No. 218 of 2004);

“healthcare professional” means -

• (a) a registered medical practitioner,

• (b) a registered dentist,

• (c) a nurse, or

• (d) such other persons belonging to a class of persons approved by the Director of Prison Healthcare Services for the purposes of these Rules engaged in the provision of services of a healthcare or medical nature;

“legal adviser” means -

• (a) a person who is entitled to practice as a solicitor or barrister in the State,

• (b) a person who is entitled under the laws of a state other than the State to carry on in that state activities the same as or similar to those carried on in the State by a barrister or solicitor, or

• (c) an employee or apprentice acting on the authority of a person to whom paragraph (a) or (b) applies;

“local order” has the meaning assigned to it by Rule 78 (Local orders);

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

“nurse officer” means an officer who is a nurse as defined under the Nurses Act 1985 (No. 18 of 1985);

“place of detention” means a place provided under section 2 of the Act of 1970;

“primary healthcare” has the meaning assigned to it by paragraph (1) of Rule 33 (Entitlement to Health Services);

“prison officer” means an officer of the Minister assigned to perform the duties of prison officer;

“prison” includes -

• (a) Saint Patrick's Institution,

• (b) any place provided under section 2 of the Act of 1970, or

• (c) any place specified to be used as a prison under section 3 of the Act of 1972;

“prison doctor” means a registered medical practitioner engaged by the Minister to provide care to prisoners or a registered medical practitioner acting in a locum capacity for that person;

“prisoner” means a person who is lawfully detained in prison and includes a person detained

-on foot of a sentence of imprisonment or a sentence of detention, including a sentence imposed pursuant to the Defence Act 1954 (No.18 of 1954),

-on committal by a court on remand or awaiting trial,

• on foot of an order of the Special Criminal Court made pursuant to section 43 (1)(c) of the Offences Against the State Act 1939 (No. 13 of 1939),

• on foot of a detention order or warrant under section 5 of the Immigration Act 1999 (No. 22 of 1999) as amended by section 10 of the Illegal Immigrants Trafficking Act, 2000 (No. 29 of 2000) or under section 5 of the Immigration Act 2003 (No. 26 of 2003),

• pursuant to section 9 of the Refugee Act 1996 (No. 17 of 1996) as amended by section 7 of the Immigration Act 2003 (No. 26 of 2003),

• pursuant to a warrant issued under S.I. No. 656 of 2006,

• pursuant to section 22 of the Refugee Act, 1996,

• pursuant to the Extradition Acts 1965 to 2001 or the European Arrest Warrant Act 2003 (No.45 of 2003),

• pursuant to a warrant under section 7 of the Transfer of Sentenced Persons Act 1995 (No. 16 of 1995) as amended by the Transfer of Sentenced Persons Act 1997 (No. 41 of 1997),

• transferred under section 7 of the Prevention of Crime Act (1908, c 59),

• for default of payment of debt,

• for contempt of court,

and includes such a person when temporarily outside the prison in the custody of a prison officer, a prison custody officer or other person authorised by the Governor;

“Probation Service” means the Probation Service of the Department of Justice, Equality and Law Reform;

“Probation and Welfare Officer” means a person appointed by the Minister to be -

• (a) a Probation and Welfare Officer

• (b) a welfare officer, or

• (c) a probation officer

“prohibited article” has the meaning assigned to it by paragraph (1) of Rule 9 (Prohibited articles);

“psychologist” means a person appointed by the Minister to provide psychological services;

“record” means information recorded in any form so as to be capable of being reproduced (with or without the aid of some other instrument) in a legible or recognisable visual, tactile (Braille) or audible form and cognate words shall be construed accordingly;

“registered dentist” has the same meaning as it has under the Dentists Act 1985 (No.9 of 1985);

“registered medical practitioner” has the same meaning as it has under the Medical Practitioners Act 1978 (No.4 of 1978);

“special observation cell” means a cell so constructed and designed, and incorporating such exceptional safety features, furnishings and methods of observation, as to afford enhanced safety for the prisoner accommodated therein, including safeguarding against self-harm;

“unconvicted prisoner” means a prisoner other than a convicted prisoner;

“stateless person” means a person who is neither a citizen of the State nor of any other state;

“visiting committee” means, in relation to a prison, the visiting committee constituted in respect of that prison under section 2 of the Prisons (Visiting Committees) Act 1925 (No. 11 of 1925) and, in relation to Saint Patrick's Institution, the visiting committee constituted in respect of that institution under section 13 of the Criminal Justice Act, 1960 (No. 27 of 1960) and Regulation 9 of Saint Patrick's Institution Regulations 1960 (S.I. No. 224 of 1960).

• (3) In these Rules -

• (a) a reference to a Part, Rule or Schedule is a reference to a Part or Rule of, or a Schedule to, these Rules, unless it is indicated that a reference to some other enactment or instrument is intended,

• (b) a reference to a paragraph, subparagraph or clause is a reference to the paragraph, subparagraph or clause of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

• (c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended whether before or after the commencement of these Rules, by or under any subsequent enactment, and

• (d) a reference to any instrument under an enactment shall be construed as a reference to that instrument as amended, adapted or extended whether before or after the commencement of these Rules, by or under any subsequent enactment, or by any subsequent instrument under an enactment.

PART 2 reception and registration

Lawful detention

3. (1) A person shall not be admitted to a prison as a prisoner unless there is in force in respect of him or her for the time being a valid committal order, warrant, order or certificate authorising his or her detention in prison.

• (2) A prisoner shall be provided with a copy of the order, warrant or certificate referred to in paragraph (1), upon a request being made to the Governor in that behalf, as soon as is practicable after the making of such a request.

Recording of prisoner's details

4. Particulars relating to the admission of each prisoner shall be recorded by a person designated by the Governor upon his or her admission to a prison including the following:

• (a) the prisoner's name, date of birth, nationality and any other information that will enable him or her to be identified,

• (b) the prisoner's physical measurements and physical features and any distinctive marks and / or scars on his or her body,

• (c) any indication of recent physical injuries that the prisoner had upon his or her admission,

• (d) any details provided during healthcare screening on admission concerning conditions or addictions for which treatment is being provided or for which treatment has previously been provided including any medication, the prisoner was taking prior to admission,

• (e) contact details for either,

• (i) a parent or lawful guardian of a prisoner under 18 years of age or,

• (ii) such member of the prisoner's family as the prisoner may nominate, or

• (iii) such other person as the prisoner may nominate,

• (f) particulars of the order, warrant or certificate referred to in paragraph (1) of Rule 3 (Lawful detention),

• (g) the date and time of the prisoner's admission,

• (h) where the prisoner has been transferred from another prison, the prison from which he or she has been transferred,

• (i) the religious denomination (if any) to which the prisoner declares himself or herself to belong, and

• (j) any other information provided by the prisoner which the Governor, in the interests of good order and safe and secure custody, deems relevant.

Informing family member or friend

5. (1) Subject to this Rule, a person who -

• (a) is committed to a prison (whether or not for the first time),

• (b) having been unlawfully at large is readmitted to prison, or

• (c) is transferred from one prison to another prison,

shall, as soon as may be after his or her committal, readmission or transfer, be facilitated in informing, as soon as is practicable, either a family member or such other person as he or she may nominate of his or her committal, readmission or transfer and the name and address of the prison in which he or she is, for the time being, being held.

• (2) Where a person who -

• (a) is committed to a prison (whether or not for the first time),

• (b) having been unlawfully at large is readmitted to prison, or

• (c) is transferred from one prison to another prison,

is under the age of 18 years, the Governor shall, as soon as may be after his or her committal, readmission or transfer inform -

• (i) a parent or guardian of that person, or

• (ii) if he or she is married, his or her spouse,

of such committal, readmission or transfer and the reason therefore, and of the name and address of the prison in which he or she is, for the time being, being held unless there are reasonable grounds for believing that the safety or best interest of the prisoner would be prejudiced.

• (3) If the Governor has, after having made all reasonable efforts, been unable to comply with paragraph (2), paragraph (1) shall apply in relation to that person.

• (4) If the Governor is of the opinion that a person to whom paragraph (1) applies, who is over the age of 18 years and is incapable of contacting a family member or other person of his or her choosing within a reasonable time, the Governor shall make all reasonable efforts to do so on his or her behalf.

Searching

6. (1) Where a prisoner is -

• (a) committed to a prison (whether or not for the first time),

• (b) transferred from one prison to another prison, or

• (c) is admitted to a prison from a place outside that prison

he or she may be searched pursuant to section 6(3) of the Criminal Law Act 1976 and this Rule.

• (2) Prisoners may, in addition to being searched under paragraph (1), be searched at any other time, where the Governor considers, upon reasonable grounds, that the carrying out of such searches is necessary for the purposes of -

• (a) ensuring that a prisoner is not in possession of a prohibited article,

• (b) confiscating a prohibited article, or

• (c) seizing and retaining anything under Rule 7 (Articles found in search and offences), or

• (d) ensuring safe and secure custody and good government of the prison

• (3) The carrying out of a search under this Rule may consist of -

• (a) an examination of the prisoner's person and clothing which may involve the removal of any hat, overcoat, jacket or other outer clothing only, or

• (b) (i) the removal and examination of all the prisoner's clothing, and

• (ii) the examination of the prisoner's body following removal of the prisoner's clothing in as seemly a manner as is consistent with the necessity of discovering any concealed article

and any such searches shall be carried out in accordance with such directions of the Governor as may for the time being be in force relating to the degrees of search required to maintain good order and safe and secure custody.

• (4) A search shall be carried out with due regard to decency, privacy and the dignity of the person being searched and at no stage shall a prisoner be left in a state of complete undress.

• (5) A search under this Rule shall not be undertaken by a prison officer who is not of the same gender as the prisoner being searched.

• (6) A search under this Rule to which paragraph (3) (b) applies shall not be conducted in the presence or view of another prisoner and shall be conducted in the presence and view only of such and such number of prison officers (being prison officers who are of the same gender as the prisoner) as are required to ensure the effective conduct of the search and the maintenance of good order and safe and secure custody.

• (7) A search to which paragraph (3) (b) applies shall be conducted by not less than two prison officers.

• (8) The Governor may, where he considers it necessary or expedient for the maintenance of good order or safe or secure custody, request the attendance of one or more members of the Garda Síochána during the conduct of a search under this Rule and a member of the Garda Síochána (being of the same gender as the prisoner who is being searched) may, pursuant to such a request, be in attendance during the conduct of such a search.

• (9) If a prisoner refuses to permit the carrying out of a search under this Rule such force only as is reasonably necessary and proportionate to carry out the search may be applied in relation to the prisoner but this Rule shall not permit invasive searching of the orifices of a prisoner's body.

Articles found in search and offences

7. (1) Where in the course of a search under these Rules a prison officer or a member of the Garda Síochána finds or comes into possession of anything that he or she believes relates to the commission or alleged commission of an offence, he or she may, subject to paragraph (2), seize and retain it for use as evidence in any criminal proceedings, or in relation to any proceedings for a breach of prison discipline, for such period from the date of seizure as is reasonable or, until the conclusion of any such proceedings.

• (2) If a prison officer or member of the Garda Síochána, proposes to seize or retain a document found in the course of a search under these Rules and becomes aware that the document was, or may have been, created for the purpose of legal advice being obtained from a legal adviser, or the giving of legal advice by a legal adviser, that prison officer or member of the Garda Síochána shall not seize or retain the document unless he or she has reasonable grounds for believing that the document was not created for such a purpose only.

• (3) Nothing in this Rule shall operate to prevent the Governor from placing any thing, the possession of which by a person would constitute an offence, in the custody of the Garda Síochána.

• (4) A register of things seized and retained under this Rule shall be established and maintained by the Governor and the following details shall be entered in such register -

• (a) any thing so seized and retained,

• (b) the name of the person from whom it was seized,

• (c) the name of the person by whom it was seized,

• (d) the name of the person by whom, for the time being, it is retained, and

• (e) such other particulars as the Governor considers appropriate.

• (5) Any thing retained under this Rule shall be handled and stored in accordance with such directions as may be given by the Minister or any local order under Rule 78 (Local orders).

Prisoner's property

8. (1) The Governor shall maintain an inventory of all articles including money brought into the prison by each prisoner, or handed in or sent to the prisoner for his or her use, and every such article shall be placed in the custody of the Governor who shall make a record thereof in that inventory.

• (2) The Governor shall prepare and publish in the prison a list of -

• (a) articles the retention of which, or of a stated amount of which, by a prisoner, or

• (b) classes of articles, the retention of an article of which, or of a stated amount of an article of which, by a prisoner,

is considered by the Governor to be consistent with the maintenance of good order and safe and secure custody.

• (3) The Governor may amend a list under this Rule.

• (4) Any article that is taken from, or not given to, a prisoner in accordance with paragraph (1), may be retained by the Governor in a secure place until the prisoner is released or is transferred to another prison.

• (5) Any article that a prisoner is permitted, in accordance with this Rule, to have in his or her possession shall be retained by the prisoner for his or her own use and at his or her own risk.

• (6) If any article not given to the prisoner has been retained by the Governor and placed in a secure place under paragraph (4), the Governor shall cause the prisoner to be informed as soon as may be.

• (7) Any article dealt with under paragraph (4) shall, upon a prisoner's release, be given to the prisoner, or upon his transfer to another prison, be forwarded to the Governor of the prison to which he or she is transferred and the provisions of this Rule shall, upon its receipt by that Governor, apply in respect of such article. Any article not removed by the prisoner from the prison at the time of his or her release may be dealt with in accordance with paragraph (2)(c) or (2)(d) of Rule 9 (Prohibited Articles), subject to the Governor giving three months notice in writing to the prisoner. Where the Governor, having made all reasonable efforts, is unable to contact a former prisoner to provide such notice, the Governor may proceed in accordance with paragraph (2)(c) or (2)(d) of Rule 9 (Prohibited Articles) after a period of not less than three months after the prisoner's release.

Prohibited articles

9. (1) Any article -

• (a) not included for the time being in a list prepared and published under Rule 8 (Prisoner's property),

• (b) the possession of which by a prisoner is considered by the Governor to present a threat to the maintenance of good order or safe or secure custody,

• (c) the possession of which in a part of the prison other than a part designated by the Governor is considered by the Governor to present a threat to the maintenance of good order or safe or secure custody, or

• (d) which is being used by a prisoner in a manner which is considered by the Governor to present a threat to the maintenance of good order or safe or secure custody,

(in these Rules referred to as a “prohibited article”) taken from a prisoner, or any article (in the case of an article sent to a prisoner or handed in for a prisoner by a person from outside the prison) not given to the prisoner, may be dealt with in accordance with this Rule.

• (2) Any article retained by the Governor under paragraph (1) of this Rule or any article retained by the Governor in the secure place mentioned in paragraph (4) of Rule 8 (Prisoner's property), shall be dealt with in one of the following ways:

• (a) it may be given to the prisoner, or in the case of money all or part of it may be given to the prisoner, at any time during the period of his or her imprisonment with the permission of the Governor provided that-

• (i) it is an article that is included for the time being in a list prepared and published under Rule 8 (Prisoner's property),

• (ii) it belongs to a class of articles so included, or

• (iii) the Governor considers that its possession by the prisoner concerned does not present a threat to the maintenance of good order or safe or secure custody,

• (b) in the case of an article sent to or handed in for a prisoner, the Governor may return it to the person who sent it or handed it in, where practicable, or it may be dealt with in accordance with any other provision of this paragraph, where appropriate,

• (c) it may be sold and the proceeds of sale may -

• (i) be dealt with under subparagraph (a), or

• (ii) in the case of an article that was handed in for, or sent to, the prisoner from outside the prison the proceeds may be given in whole or in part to the person who handed the article in or sent it to the prisoner,

or,

• (d) subject to paragraph (3), it may be disposed of at the discretion of the Governor, such disposal may include the destruction of the article.

• (3) If any article has been disposed of under paragraph (2)(d) or returned to its sender under paragraph (2)(b), the Governor shall cause a description of the article and the date of its disposal or return to be recorded and the prisoner informed as soon as may be.

• (4) If any article is sold under paragraph (2)(c), the Governor shall cause a description of the article, the date of its sale, the amount of the proceeds of sale and the manner in which it was dealt with to be recorded and the prisoner informed thereof as soon as may be after the sale.

• (5) Any article not dealt with under paragraph (2) shall, upon a prisoner's release, be given to the prisoner, or upon his or her transfer to another prison, be forwarded to the Governor of the prison to which he or she is transferred and the provisions of this Rule shall, upon its receipt by that Governor, apply in respect of such article.

Measurements, photographs, fingerprints and palm prints

10. (1) The Governor may take and record, or cause to be taken and recorded, measurements, photographs, fingerprints and palm prints of a prisoner at any time during the period of his or her imprisonment.

• (2) The Governor may provide or cause to be provided to the Garda Síochána, the measurements, photographs, fingerprints or palm prints of a prisoner upon lawful application by a member of the Garda Síochána.

Medical examination

11. (1) Subject to paragraphs (2) and (6), each prisoner shall be examined separately by a doctor on the day of his or her admission to a prison for the purpose of -

• (a) the diagnosis of any physical or mental illness and the taking of such measures as are necessary to ensure that any such illness is treated,

• (b) the isolation of, on medical grounds, a prisoner suspected of having a contagious condition or any condition that might threaten the health or well being of others if they were to come into contact with him or her,

• (c) the determination of the prisoner's fitness for work,

• (d) the noting of any physical or mental conditions that might impede the prisoner's integration into the prison regime or into society upon his or her release, and

• (e) the noting of any indication of recent injuries, and

• (f) the recording of any medication prescribed for the prisoner.

• (2) Save in the most exceptional circumstances, a prisoner admitted to prison on the day of his or her committal, at a time when a doctor is not available, shall, immediately following his or her committal, be given a preliminary medical screening by a nurse officer, or any other person, dulyauthorised in that behalf, and shall then be examined by the prison doctor on the first scheduled visit of the prison doctor to the prison following his or her committal.

• (3) Each prisoner on transfer to another prison shall be examined by the prison doctor on the first scheduled visit of the prison doctor to the prison after the transfer.

• (4) The prison doctor shall determine what use shall be made of medicines brought into the prison by a prisoner.

• (5) A prisoner who attends court and returns to the prison within 24 hours of leaving it shall not be required to be examined by the prison doctor unless particular circumstances exist that require his or her medical examination.

• (6) The prison doctor may, as he or she considers appropriate, examine separately a prisoner prior to his or her final discharge from the prison.

• (7) All medical examinations by a prison doctor shall, except where the prison doctor, on grounds stated and recorded, requests otherwise, take place out of sight and hearing of persons other than healthcare professionals.

Hot bath or shower

12. Each prisoner shall, on committal, be required to have a hot bath or shower unless excused therefrom on medical grounds.

Explanation of prisoner's entitlements, obligations and privileges

13. (1) Each prisoner shall, upon admission to prison, be given an explanatory booklet outlining his or her entitlements, obligations, and privileges under these Rules.

• (2) Each prisoner who was admitted to prison before the commencement of these Rules and who is in prison on the date of such commencement shall be given an explanatory booklet outlining his or her entitlements, obligations, and privileges under these Rules.

• (3) A full copy of these Rules and any local orders directly addressed to prisoners shall be available for examination by prisoners at a convenient location in the prison, and in so far as is practicable, copies of these Rules and any such local orders shall be made available to prisoners.

• (4) The booklet referred to in paragraph (1) and (2) shall, in so far as is practicable, be provided to a foreign national in a language that is understood by him or her.

• (5) Where the booklet referred to in paragraph (1) and (2) is not available in a language that is understood by the foreign national concerned or he or she does not understand the contents thereof, all reasonable efforts shall be made to ensure that the said contents shall be explained to him or her in a language that he or she understands.

• (6) The booklet referred to in paragraphs (1) and (2) shall contain details in relation to the implementation of paragraph (3) in the prison concerned.

• (7) Where a prisoner is unable to read or is unable to understand the contents of a booklet referred to in paragraphs (1) and (2) the Governor shall take all reasonable measures to ensure that theprisoner's entitlements, obligations, and privileges under these Rules are explained to him or her as soon as is practicable.

Meeting with Governor

14. The Governor shall, as soon as may be after the admission of a prisoner on committal to the prison concerned, meet that prisoner, and satisfy himself or herself that the prisoner has been informed of, and understands, his or her obligations, entitlements and privileges under these Rules, and shall further ensure that details of any matters of significance to which the prisoner may draw his or her attention are recorded.

Release date

15. (1) A prisoner who has been sentenced to a term of imprisonment or detention (other than for life) shall, as soon as may be after his or her committal, be informed of the due date or dates of his or her release calculated on the basis of,

• (a) the service of the sentence without remission and,

• (b) if applicable, the service of the sentence where normal remission, as provided for in accordance with paragraph (1) of Rule 59 (Remission), has been earned.

• (2) Where there is an alteration of the date referred to in paragraph (1) the prisoner concerned shall be so informed as soon as may be thereof and of the reason for the alteration.

Foreign nationals

16. (1) A foreign national shall be provided with the means to contact a consul and, in addition, an asylum applicant shall be provided with the means to contact:

• (a) the United Nations High Commissioner for Refugees or the Representative in Ireland of the High Commissioner, and

• (b) subject to such limitation as to numbers as the Governor may reasonably impose, national or international authorities and organisations whose principal object is to serve the interests of refugees or stateless persons or to protect the civil and human rights of such persons.

• (2) A person to whom paragraph (1) applies shall be informed in particular of his or her entitlements under Rule 38 (Visit by legal adviser or relating to court appearance.).

Child of female prisoner

17. (1) A child, of less than twelve months of age, of a female prisoner may be admitted to a prison and remain with the mother to facilitate breast feeding until the child has reached twelve months of age.

• (2) In the case of a prisoner who gives birth to a child during the term of her imprisonment, the child may be admitted to a prison and remain with the mother in prison, until the child has reached twelve months of age.

• (3) Any child admitted to a prison under this Rule shall not be removed from the care of his or her mother unless -

• (a) upon the order of a Court or

• (b) the mother of the child consents.

and, in any such case to which paragraph (3) (b) of this Rule applies, the child may be removed, at the direction of the Governor, only after the prison doctor, and such other healthcare professionals as the Governor or prison doctor considers appropriate, have been consulted.

• (4) Except under special circumstances the child of a female prisoner shall not be permitted to remain in a prison after he or she has attained the age of twelve months.

• (5) The necessary requirements for the maintenance and care of a child admitted to a prison under this Rule shall be provided or supplied by the Governor.

• (6) A female prisoner whose child is permitted to remain with her while she is in prison may, with the consent of the Governor, arrange for the provision of articles or food for the child's maintenance and care (additional to those provided by the Governor under this Rule) at her own expense or at the expense of such other person as is willing to pay for such provision, subject to the maintenance of good order and safe and secure custody.

• (7) Before the discharge of a child from a prison without his or her mother the Governor shall, ascertain or cause to be ascertained, in consultation with the child's mother, and the Health Service Executive the appropriate placement for the care of the child.

PART 3 treatment of prisoners

Basic Provisions

Certification of cells or rooms

18. (1) The Minister shall, in relation to a prison or part of a prison, certify that all such cells or rooms therein as are intended for use in the accommodation of prisoners are, in respect of their size, and the lighting, heating, ventilation and fittings available in the cells or rooms in that prison or that part, suitable for the purposes of such accommodation.

• (2)
• (a) The Minister may specify the maximum number of persons who may, in normal circumstances, be accommodated in cells or rooms belonging to such class as may be so specified.

• (b) The Minister shall when specifying a maximum number under subparagraph (a) have regard to the size of, and the availability of lighting, heating, ventilation and fittings in cells or rooms belonging to the class concerned.

• (3) The Minister shall, in relation to a prison or part of a prison, designate particular cells or rooms, to be used only for the purposes of the special observation of prisoners in accordance with theprovisions of Rule 64 (Use of special observation cell), and such cells or rooms must comply with the design requirements approved by the Minister for such special observation cells.

• (4) Each cell or room used to accommodate prisoners shall be fitted with a mechanism by which a prisoner locked inside may attract the attention of a prison officer and each such mechanism shall be capable of being operated by such a prisoner at all times.

Insufficient accommodation

19. (1) A prisoner may be temporarily accommodated otherwise than in a cell or room, to which a certificate under paragraph (1) of Rule 18 (Certification of cells or rooms) applies, if the Governor considers on reasonable grounds that exceptional circumstances exist that would warrant the prisoner concerned to be so accommodated.

• (2) The Governor shall notify the Minister if circumstances require the accommodation of a prisoner under paragraph (1) of this Rule for a period of more than 24 hours.

Prison hygiene

20. (1) A prisoner shall maintain the cell or room, utensils, books, clothing, bedding and other articles used by him or her clean and neatly arranged.

• (2) A prisoner shall comply with any local orders in relation to housekeeping, including the maintenance of a healthy and safe living environment.

Clothing

21. (1) A prisoner may, at the discretion of the Governor and subject to the maintenance of good order and safe and secure custody, be allowed to wear his or her own clothing in prison, when attending court, or when otherwise in custody outside the prison, provided that -

• (a) the clothing is maintained in sound and clean condition,

• (b) the clothing is adequate for warmth and health,

• (c) the clothing is not required to be preserved as evidence in relation to an alleged offence or an alleged breach of discipline, and

• (d) the prisoner can arrange for regular changes of clothing including underwear.

• (2) Arrangements shall be made for cleaning and laundering clothing as necessary and in so far as practicable and subject to the maintenance of good order and safe and secure custody, facilities may be made available to a prisoner for cleaning and laundering his or her clothing.

• (3) If a prisoner is not permitted to wear his or her own clothing under this rule, he or she shall be provided with clothing adequate for warmth and maintenance of health and, in so far as is practicable, of a kind that is generally worn by persons of his or her age and gender outside prison.

Bedding

22. (1) Each prisoner shall be issued with separate bedding adequate for warmth and health, which shall be cleaned regularly.

• (2) A prisoner shall not be required to sleep without a mattress.

Food and drink

23. (1) The Governor shall ensure that each prisoner is provided with a sufficient quantity of wholesome and nutritious food and drink each day and that food and drink shall be properly prepared, well presented and reasonably varied.

• (2) Subject to the maintenance of good order and safe and secure custody, the Governor shall, in so far as is practicable in the performance of his or her functions under paragraph (1), ensure that provision shall be made to enable a prisoner to observe dietary practices of a religion or culture of which he or she professes to be a follower.

• (3) The Governor shall, in the performance of his or her functions under paragraph (1), ensure that, where the prison doctor so advises, special provision is made in relation to the dietary needs of a prisoner who suffers from a medical condition the treatment, prevention or alleviation of the symptoms of which necessitates adherence to a special diet.

• (4) Sufficient clean drinking water shall be available to each prisoner each day.

Sanitary and washing facilities

24. (1) In so far as is practicable, sanitary and washing facilities shall be provided in the prisoner's cell or room.

• (2) Where adequate sanitary and washing facilities are not provided in the prisoner's cell or room, the prisoner shall have reasonable access to sanitary and washing facilities.

Personal cleanliness

25. (1) A prisoner shall keep his or her person clean.

• (2) A prisoner shall be permitted to take a hot shower or bath as often as is reasonably practicable and shall be entitled to, and may be required to, take a hot shower or bath at least once a week.

• (3) A prisoner shall be provided, free of charge, with such toilet articles as are necessary for the maintenance of health and cleanliness.

• (4) Additional toilet articles shall be available for purchase in the prison at such times and in such parts of the prison as the Governor considers appropriate.

• (5) Unless the prison doctor considers it necessary on health grounds, a prisoner's hair shall not be cut, and a male prisoner shall not be prevented from growing or be required to remove or grow a moustache or beard, without his or her consent.

• (6) The Governor may require a prisoner to cover or restrain his or her hair at such times as are necessary for the maintenance of good health or for reasons of hygiene or safety.

Tobacco, intoxicating liquor and drugs

26. (1) A prisoner shall not

• (a) smoke or have in his or her possession any tobacco product or

• (b) consume or have in his or her possession any intoxicating liquor

other than in accordance with permission given by the Governor.

• (2) A prisoner shall not have in his possession, nor shall any member of the staff of a prison provide a prisoner with, any controlled drug or medicinal product, other than in accordance with a duly issued prescription by the prison doctor, a psychiatrist who provides psychiatric services in the prison, a registered dentist who provides dental services in the prison or a doctor, psychiatrist, dentist or other health professional to whom Rules 73 (Private healthcare - request by unconvicted prisoner) or 106 (Outside medical assistance) refer, and the prison doctor, psychiatrist or dentist, as the case may be, shall keep a record of all such prescriptions issued by him or her or those other doctors, psychiatrists, dentists or health professionals referred to in this paragraph and the Governor may confirm the existence of the records with the prison doctor or the Director of Prison Healthcare Services.

• (3) A prisoner shall not have in his or her possession any drug or any medicinal product that may be lawfully purchased without a duly issued prescription unless it has been given to him or her by,

• (a) a prison doctor,

• (b) a psychiatrist to whom paragraph (2) applies,

• (c) a registered dentist to whom paragraph (2) applies, or

• (d) a member of the staff of a prison duly authorised in accordance with protocols issued by the Director of Prison Healthcare Services to provide the prisoner with the drug or medicinal product concerned.

• (4) A person to whom subparagraph (d) of paragraph (3) applies shall, when performing a function under that subparagraph, record the name of the prisoner to whom he or she gave the drug or medicinal product concerned, the date on which such drug or medicinal product was given, the name of such drug or medicinal product and the amount thereof given to the prisoner.

• (5)
• (a) In the interest of good order, safety, health and security and in accordance with directions set down by the Minister, a prisoner, if so requested by a person acting on the authority of the Governor, shall, for the purpose of detecting the presence or use of intoxicating liquor or any controlled drug or any medicinal product other than a controlled drug or medicinal product for which a prescription has been issued by a prison doctor, psychiatrist or registered dentist, provide all or any of the following samples, namely,

• (i) urine,

• (ii) saliva,

• (iii) oral buccal transudate,

• (iv) hair.

• (b) Without prejudice to any enactment, a refusal by a prisoner to provide a sample under paragraph (a) of this Rule shall be regarded as a breach of discipline under these Rules.

• (6) In this Rule “duly issued prescription” has the same meaning as it has in the Misuse of Drugs Act 1977 (No. 12 of 1977).

Association and Activity

Out-of-cell time and authorised structured activity

27. (1) Subject to any restrictions imposed under and in accordance with Part 3 of the Prisons Act 2007 and Part 4 of these Rules, each prisoner shall be allowed to spend as much time each day out of his or her cell or room as is practicable and, at the discretion of the Governor, to associate with other prisoners in the prison.

• (2) Subject to Rule 72 (Authorised structured activity), each prisoner may, while in prison, engage or participate in such structured activity as may be authorised by the Governor (in these Rules referred to as “authorised structured activity”) including work, vocational training, education, or programmes intended to ensure that a prisoner, when released from prison, will be less likely to re-offend or better able to re-integrate into the community.

• (3) In so far as is practicable, each convicted prisoner should be engaged in authorised structured activity for a period of not less than five hours on each of five days in each week.

Work

28. (1) Subject to this Rule, a convicted prisoner shall do work consisting of the performance of tasks necessary for the maintenance and operation of the prison.

• (2) A prisoner may be directed to clean or sweep the landings, yards or other parts of the prison.

• (3) Where a prison doctor certifies in writing that a prisoner is unfit for work, the prisoner shall not be allowed to engage or participate in work during the period to which the certificate concerned relates.

Gratuity

29. (1) Subject to Part 3 of the Prisons Act 2007 each prisoner shall be eligible for a gratuity of such amount as may be fixed by the Minister, with the consent of the Minister for Finance. Different levels of gratuity may be fixed for different prisons, different classes of prisoners and different levels of engagement in authorised structured activities.

• (2) All amounts due to a prisoner under paragraph (1) shall be credited to his or her account by the Governor who shall ensure that such amount thereof as is not given to the prisoner while he or she is in prison shall be given to him or her upon his or her final release from prison. The manner in which any amount is given to a prisoner shall be determined by the Governor.

• (3) Prisoners shall be permitted to use such part of any amount to which this Rule applies as the Governor determines for the purchase of such articles for the use of the prisoner as the Governor may approve, and may, with the Governor's consent -

• (a) give, or cause to be given, the remainder of that amount to members of his or her family, or

• (b) apply, or cause to be applied, that remainder in relation to such other purposes as he or she chooses but such funds may not be transferred to the account of another prisoner.

Employment of Prisoners

30. (1) A prisoner may, with his or her consent and with the authority of the Governor, engage or participate in approved employment for an approved person and the approved person shall remunerate the prisoner concerned at a rate no less favourable than he or she would remunerate a person who is not a prisoner.

• (2) In this Rule,

• (a) “approved employment” means employment of such a class or type as may be approved by the Minister, and

• (b) “approved person” means a person, company or other body approved by the Minister.

• (c) For the purposes of such employment, the Governor or the Minister shall not be deemed to be the employer of the prisoner

• (3) All amounts due to a prisoner under paragraph (1) shall be credited to his or her account by the Governor who shall ensure that such amount thereof as is not given to the prisoner while he or she is in prison shall be given to him or her upon his or her final release from prison. The manner in which any amount is given to a prisoner shall be determined by the Governor.

• (4) Prisoners shall be permitted to use such part of any amount to which this Rule applies as the Governor determines for the purchase of such articles for the use of the prisoner as the Governor may approve, and may, with the Governor's consent,

• (a) give, or cause to be given, the remainder of that amount to members of his or her family, or

• (b) apply, or cause to be applied, that remainder in relation to such other purposes as he or she chooses but such funds may not be transferred to the account of another prisoner.

• (5) Where a prison doctor certifies in writing that a prisoner is unfit for employment to which this Rule refers, the prisoner shall not be allowed to engage or participate in such employment during the period to which the certificate concerned relates.

Restrictions on the involvement of prisoners in certain activities

31. (1) A prisoner shall not be engaged in the enforcement or maintenance of discipline in a prison.

• (2) A prisoner shall not, without the permission of the Governor, be engaged in the service of a prison officer or any person employed, or engaged in the provision of a service, in a prison, and where the Governor grants such permission he or she shall record having so done.

• (3) A prisoner shall not, without the permission of the Governor, be engaged in the education of, or provision of a service to, another prisoner.

Exercise

32. (1) Each prisoner not employed in outdoor work or activities shall be entitled to not less than one hour of exercise in the open air each day, provided that, having regard to the weather on the day concerned, that is practicable.

• (2) In so far as is practicable, each prisoner shall be permitted to have access to, and the use of, indoor space and equipment, suitable for physical recreation, exercise or training, and shall be provided with appropriate instruction where necessary.

• (3) Where a prison doctor certifies that a prisoner is unfit for physical recreation, exercise or training either generally or of a particular type, the prisoner shall not be permitted to engage or participate therein during the period in relation to which the prison doctor so certifies.

• (4) Where a prison doctor certifies that a prisoner requires remedial physical education or therapy, the Governor shall, in so far as is practicable, make provision in relation thereto, in consultation with the Director of Prison Healthcare Services.

Support Services

Entitlement to Health Services

33. (1) Each prisoner shall be entitled, while in prison, to the provision of healthcare of a diagnostic, preventative, curative and rehabilitative nature (in these Rules referred to as “primary healthcare”) that is, at least, of the same or a similar standard as that available to persons outside of prison who are holders of a medical card.

• (2) The Governor shall make arrangements for female prisoners who are pregnant and are likely to give birth while in custody to be able to give birth in a hospital outside of prison.

• (3) No prisoner shall be subjected to, or required to, or participate in any experiment or trial of a product or process.

Religious, spiritual and moral life

34. (1) Each prisoner shall, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be permitted to practice and comply with the rules, observances and norms of behaviour of the religious denomination of which he or she is a follower or member.

• (2) On the Governor being informed of a prisoner converting to a particular religious denomination or renouncing the religious denomination in relation to which a record was made under subparagraph (i) of Rule 4 (Recording of prisoner's details), the Governor shall cause the particulars recorded under that Rule to be amended accordingly.

• (3) Subject to the maintenance of good order and safe and secure custody and to paragraph (1), each prisoner shall be permitted to have access to, for his or her own use, religious books, items and materials relating to the religious faith of which he or she is a follower or member.

• (4) Each prisoner who belongs to a religious denomination may attend such services or meetings in the prison of his or her denomination as may, with the consent of the Governor, be arranged by a chaplain, or any person approved for this purpose by a religious denomination, subject to good order, and safe and secure custody.

• (5) No prisoner shall be compelled to attend any religious service or meeting.

• (6) Subject to the maintenance of good order and safe and secure custody, a prisoner shall not, in so far as is practicable, be refused access to a chaplain of any religious denomination (including a chaplain of a religious denomination of which the prisoner is not a member).

• (7) Any request by a prisoner to see a chaplain, whether of his or her recorded denomination or not, shall be communicated to the chaplain concerned, as soon as may be, by the Governor or on his or her behalf.

• (8) A prisoner shall not be compelled to meet with a chaplain.

• (9) A meeting with a chaplain shall not, except in accordance with any local order for the time being in force under Rule 78 (Local Orders), be held in the presence or view, or within the hearing, of a prison officer unless the chaplain or prisoner concerned so requests.

• (10) Subject to good order and safe and secure custody, a prisoner who belongs to a religious denomination for which there is no authorised chaplain to the prison may, at his or her request and subject to the Governor's written consent, receive spiritual or pastoral visits at such times as the Governor considers appropriate from a minister or other representative of that religious denomination, upon the Governor being informed of the identity of the minister or other representative concerned.

• (11) Where a prisoner requests a spiritual or pastoral visit from a person other than an authorised chaplain and the Governor has so consented any such visit may take place at the discretion of the Governor in the view of but not within the hearing of a prison officer.

Contact with Outside Community

Ordinary visit

35. (1) Subject to the provisions of these Rules, a convicted prisoner who has reached the age of 18 years shall be entitled to receive by prior appointment not less than one visit from relatives or friends each week of not less than 30 minutes duration.

2) Subject to the provisions of these Rules, a convicted prisoner who has not reached the age of 18 years shall be entitled to receive by prior appointment not less than two visits from relatives or friends each week of not less than 30 minutes in duration.

• (3) Subject to the provisions of these Rules, an unconvicted prisoner shall be entitled to receive one visit per day from relatives or friends of not less than 15 minutes in duration on each of six days of the week, where practicable, but in any event, on not less than on each of three days of the week.

• (4) The Governor may permit -

• (a) a prisoner to receive such number of visits in excess of the minimum number specified in this Rule, or

• (b) any visit to which paragraph (1), (2) or (3) applies, to continue for a period in excess of the minimum period specified therein,

where he or she is of the opinion that to so permit would, in relation to the prisoner's welfare or rehabilitation, be beneficial.

• (5) In the interest of good order and safe and secure custody -

• (a) (i) the persons allowed visit any individual prisoner may be restricted by the Governor to persons nominated for the time being by the prisoner, and

• (ii) the number of persons allowed visit any one prisoner at the same time may be restricted by the Governor to not more than three persons, and

• (b) the Governor may restrict the number of persons who may be nominated by a prisoner in accordance with paragraph (5) (a) (i) but, in any case, the number of such persons may not be less than six.

• (6) A prisoner who is entitled under this Rule to receive a visit may request the Governor to notify or cause to be notified those persons from whom the prisoner wishes to receive a visit, and the Governor shall do so, in so far as is practicable, and subject to the maintenance of good order and safe and secure custody.

• (7) The Governor shall publish in the prison the days and times on which visits under this Rule may take place.