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

• (8) A person, who is not a relative or friend, wishing to visit a prisoner shall make an application in writing to the Governor, detailing the purpose of the visit and such a visit may be permitted subject to such conditions, if any, as may be specified by the Governor.

• (9) The Governor, shall consider whether or not a visit should be permitted under paragraph (8) and, if so, what if any conditions should be imposed and take into account,

• (a) the prisoner's consent or otherwise to the visit

• (b) the interests of the prisoner

• (c) the need to maintain good order and safe and secure custody within the prison,

• (d) the need to avoid:

• (i) the facilitation or encouragement of a criminal offence or the hampering of the prevention, detection, investigation or prosecution of a criminal offence,

• (ii) any person being threatened or put in fear,

• (iii) serious offence or distress being caused to any person, including the victim, or family of the victim, of the crime for which the prisoner has been convicted,

• (iv) giving rise to a legal action by a third party,

• (v) jeopardising the interests of national security or

• (vi) infringing the rights and freedoms of another person (including the right to privacy of another prisoner), and

• (e) any guidelines issued by the Director General.

• (10) A prisoner shall not be under any obligation to receive a visit under paragraph (9).

Regulation of visits

36. (1) In the interests of security, good order and government of the prison, visits to which Rule 35 (Ordinary visit) applies shall take place on such days and times as are designated by the Governor.

• (2) A prisoner shall be notified of the name of any person who attends at the prison for the purposes of visiting the prisoner where the visit will be allowed.

• (3) A prisoner shall not be required to meet with a person who attends at the prison for the purpose of visiting the prisoner.

• (4) Visits to which Rules 35 (Ordinary visit), 37 (Visit for prisoner committed in default of payment of money or in prison in default of bail) or 39 (Visit to foreign national) apply shall take place within the view and hearing of a prison officer, unless the Governor otherwise directs.

• (5) No articles shall be exchanged between a prisoner and a visitor during the course of a visit, except with the permission of the Governor.

• (6) Visits to which Rules 35 (Ordinary visit), 37 (Visit for prisoner committed in default of payment of money or in prison in default of bail) or 39 (Visit to foreign national) apply shall take place in a part of the prison designated for that purpose but the Governor may permit a visit to take place in a part of the prison other than a part so designated, where,

• (a) a prisoner is certified by a prison doctor to be too ill to attend a visit in that part of the prison designated, or

• (b) in the Governor's opinion it would not be appropriate for the visit to take place in the part so designated.

• (7)
• (a) A part of the prison designated under paragraph (6) for visits shall have facilities to allow a prisoner and visitor to see and talk to one another but which prevent, through the use of screens or otherwise, physical contact between a prisoner and a visitor.

• (b) The Governor may allow physical contact between a prisoner and a visitor when he or she is satisfied that such contact will not facilitate the entry into the prison of controlled drugs or other prohibited articles or substances.

• (8) A person who attends the prison for the purpose of visiting a prisoner shall, if requested to do so, provide photographic evidence of identification and evidence of address and failure to do so may result in refusal of entry to the prison.

• (9) The Governor, where he or she believes it to be necessary in order to,

• (a) prevent the entry into the prison of controlled drugs or other prohibited articles or substances,

• (b) prevent a conspiracy to commit a criminal offence, or

• (c) otherwise maintain good order and safe and secure custody,

may refuse to permit a visit to a prisoner by a person or persons.

• (10)
• (a) The Governor may refuse to allow a visit to take place unless a person, attending at the prison for the purpose of visiting a prisoner pursuant to Rules 35 (Ordinary visit) or 37 (Visit for prisoner committed in default of payment of money or in prison in default of bail), permits a search of his or her person to be carried out prior to the visit.

• (b) The Governor may require that a visitor shall, before any visit pursuant to Rules 35 (Ordinary visit) or 37 (Visit for prisoner committed in default of payment of money or in prison in default of bail) takes place, be asked to consent to the carrying out of a search of his or her person after the visit takes place but before his or her departure from the prison, and if he or she refuses to so consent the Governor shall not permit the visit to take place.

• (11) A search of a visitor may be undertaken for the purposes of ensuring that the visitor is not in possession of a prohibited article, confiscating of a prohibited article, or seizing and retaining anything under Rule 7 (Articles found in search and offences), where,

• (a) permission referred to in paragraph (10) (a) has been given or

• (b) such consent referred to in paragraph (10) (b) has been given, the visit has taken place and the Governor has reason to believe that the person may be in possession of a prohibited article.

• (12) The carrying out of a search under this Rule may consist of an examination of the person and clothing which may involve the removal of the other outer clothing only and any articles in the possession of the visitor.

• (13) A search shall be carried out with due regard to decency, privacy and the dignity of the person being searched.

• (14) A search under this Rule shall be undertaken by not less than two prison officers, who are of the same gender as the person being searched.

• (15) The Governor may, where he or she 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 person who is being searched) may, pursuant to such a request, be in attendance during the conduct of such a search.

• (16) A visitor who is refused permission to visit a prisoner under paragraph (9) or who fails to give his or her permission or consent under paragraph (10) may be required to leave the prison by the Governor and if he or she refuses to leave the prison, upon being so required, the Governor may use, or cause to be used, only such force as is reasonably necessary and proportionate to effect the person's removal from the prison.

• (17) The Governor may, for the purposes of effecting the removal of a person from the prison in accordance with this Rule, request the assistance of such number of members of the Garda Síochána as he or she considers appropriate.

• (18) Nothing in these Rules shall entitle a prisoner to any additional visit as a result of a visit having been refused under this Rule.

Visit for prisoner committed in default of payment of money or in prison in default of bail

37. (1) A person committed to prison for failing or refusing to pay a sum payable by him or her by virtue of an order of a court in proceedings of either a criminal or civil nature, shall be entitled to receive a visit at any reasonable time from a person whose purpose in visiting the prisoner is to arrange for the payment of such sum, and such visit shall, unless the Governor otherwise directs, take place within the view and hearing of a prison officer.

• (2) An unconvicted prisoner who has been admitted to bail but who remains in prison pending the payment of the amount of a recognisance entered into shall be entitled to receive a visit at any reasonable time from a person whose purpose in visiting the prisoner is to arrange for the payment ofthe amount of the recognisance, and such visit shall, unless the Governor otherwise directs, take place within the view and hearing of a prison officer.

Visit by legal adviser or relating to court appearance

38. (1) A prisoner shall be entitled to receive a visit from his or her legal adviser at any reasonable time for the purposes of consulting in relation to any matter of a legal nature in respect of which the prisoner has a direct interest, and any such visit shall take place within the view of, but out of the hearing of a prison officer.

• (2) A prisoner may, at the discretion of the Governor receive a visit at any reasonable time from a legal adviser or from any other person approved of by that legal adviser who is assisting in making preparations on behalf of a party to proceedings before the courts whether criminal or civil in nature, and such a visit shall take place,

• (a) within the view, and

• (b) except where the prisoner or visitor requests otherwise, out of the hearing, of a prison officer.

• (3) Where, in relation to a visit under paragraph (1) or (2), the prisoner requests the attendance of an interpreter, the Governor may allow such attendance where the lack of such services during such visit would cause the prisoner substantial difficulty in communicating with the person visiting.

• (4) Paragraph (6) of Rule 35 (Ordinary visit) shall apply to a visit under this Rule.

Visit to foreign national

39. (1) A foreign national shall be entitled to receive a visit from his or her consul at any reasonable time or where he or she is a stateless person the consul of a state of his or her choosing who is willing to visit him or her.

• (2) An asylum applicant shall be entitled to receive a visit at any reasonable time from -

• (a) such national or international authorities or organisations, as may be designated by the Minister, whose principal object is to serve the interests of refugees or stateless persons, and

• (b) a consul of a state of his or her choosing.

• (3) A visit under paragraph (1) or (2) shall, unless the Governor otherwise directs, take place in the hearing and view of a prison officer.

• (4) Paragraphs (5) (a) (ii) and (6) of Rule 35 (Ordinary visit) shall apply to a visit under this Rule.

Visit by Probation and Welfare Officer relating to reports for court or other relevant purpose

40. (1) A Probation and Welfare Officer shall be entitled to visit a prisoner at any reasonable time for the purpose of preparing a report for a court or other report relevant to a matter in which the prisoner has an interest.

• (2) A visit under paragraph (1) shall take place within the view and, unless the Probation and Welfare Officer or prisoner otherwise request, out of the hearing of a prison officer.

• (3) Where, in relation to a visit under paragraph (1), the prisoner or Probation and Welfare Officer requests the attendance of an interpreter, the Governor may allow such attendance where the lack of such services during such visit would cause the prisoner substantial difficulty in communicating with the Probation and Welfare Officer.

Visit by member of the Garda Síochána

41. (1) The Governor of a prison may permit a member of the Garda Síochána to visit a prisoner for the purposes of enabling the member to identify the prisoner.

• (2) A member of the Garda Síochána shall, upon notification to the Governor, for the purposes of obtaining the assistance of a prisoner in relation to any matter connected with the performance by the Garda Síochána of their functions, be permitted to visit a prisoner -

• (a) (i) where the member concerned produces a written request, addressed to the Governor and signed by a member of the Garda Síochána not below the rank of Superintendent, that the member concerned be permitted to visit the prisoner, and

• (ii) the prisoner consents.

• (b) on production of a court order.

• (3) A visit under paragraph (1), or (2) shall take place in the view of and, unless otherwise requested by the prisoner or the member of the Garda Síochána, out of the hearing of a prison officer.

• (4) Subject to paragraph (5), if it is proposed that, in relation to a prisoner who is under the age of 18 years, a visit under paragraph (2) will take place the Governor shall make all reasonable efforts to so inform -

• (a) a parent or guardian of that prisoner, or

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

and to further inform that person that he or she may be in attendance while the visit takes place, and a person so informed may so attend.

• (5) A visit under paragraph (2) may take place before there has been compliance with paragraph (4), or the attendance of the person informed under that paragraph, if the Governor is reasonably satisfied, upon consideration of any information given to him or her by a member of the Garda Síochána, that to delay the holding of the visit could result in -

• (a) the death of, or injury to, a person,

• (b) the loss of, or serious damage to, property,

• (c) the destruction of, or interference with, evidence relating to an offence, or

• (d) the flight from justice of a person suspected of committing an offence.

• (6) A visit under paragraph (5) shall take place in the presence of a prison officer.

• (7) Where at a visit to which this Rule applies the Governor is of the opinion that the conduct of a person attending under the provisions of paragraph (4), is such as to threaten the maintenance of good order or safe or secure custody, the Governor may remove him or her, or cause him or her to be removed, from the prison and the Governor may use, or cause to be used, only such force as is reasonably necessary and proportionate to effect the person's removal from the prison.

• (8) Not more than three members of the Garda Síochána may visit a prisoner at any one time under this Rule unless the Governor otherwise permits.

Video links

42. (1) Where facilities are available and if practicable, the Governor may, as an alternative to a visit under these Rules, permit a prisoner and persons outside the prison to communicate by means of a device capable of transmitting simultaneously sounds and visual images for such period or periods of time as the Governor shall determine.

• (2) A communication under paragraph (1) shall only take place with the consent of the prisoner concerned.

• (3) A communication under paragraph (1) shall take place in the hearing and view of a prison officer unless it is a communication with a person to which Rule 38 (Visit by legal adviser or relating to court appearance) or 41 (Visit by member of the Garda Síochána) would apply.

• (4) Nothing in this Rule shall be construed as imposing an obligation on the Minister to ensure that a device referred to in paragraph (1) is installed in a prison.

• (5) The Minister may establish rates at which such communications referred to in paragraph (1) may be charged to a prisoner or a person and the Governor of a prison shall inform or cause to be informed every prisoner of such charges and of the method of payment of such charges, if applicable, prior to such communications being made.

Letters

43. (1) Subject to the provisions of these Rules, a prisoner shall be entitled to send letters to his or her family or friends, and to receive as many letters as are sent to him or her by his or her family or friends.

• (2) An unconvicted prisoner shall, in addition to being entitled to send letters under paragraph (1), be entitled to send such number of letters to persons (other than persons referred to in that paragraph) as are reasonably necessary for the purposes of the management of his or her property or business affairs, and to receive such number of letters as are sent to him or her for that purpose by persons (other than persons referred to in that paragraph).

• (3) A prisoner who, after sending seven letters in any one week, sends one or more other letters during that week may be required to pay for postage and writing materials in respect of the other letter or letters.

• (4) A prisoner to whom Rule 37 (Visit for prisoner committed in default of payment of money or in prison in default of bail) or Rule 39 (Visit to foreign national) applies shall, in addition to being entitled to send or receive a letter under paragraph (1), (2) or (3), be entitled to send a letter to and receive a letter from a person from whom he is entitled to receive a visit in accordance with either such Rule.

Letter to authorities

44.(1) A prisoner shall, in addition to being entitled to send or receive a letter under Rule 43 (Letters), be entitled to send a letter to, or receive a letter from any one or more of the following persons or bodies, that is to say:

• (a) his or her legal adviser,

• (b) a member of the visiting committee,

• (c) the Minister,

• (d) the Chief Justice, the President of the High Court, The President of the Circuit Court, the President of the District Court or the Presiding Judge of the Special Criminal Court,

• (e) the European Court of Human Rights,

• (f) the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, known as CPT,

• (g) the Parole Board,

• (h) the Inspector of Prisons,

• (i) the Irish Human Rights Commission,

• (j) the International Committee of the Red Cross.

• (2) A prisoner may, at the discretion of the Governor, in addition to being entitled to send or receive a letter under Rule 43 (Letters), send a letter to, and receive a letter from, a person from whom he or she might receive a visit under paragraph (2) of Rule 38 (Visit by legal adviser or relating to court appearance).

• (3) A letter from a prisoner intended for a person or body referred to in this Rule shall be sent to that person or body without delay and shall not be opened before it is so sent.

• (4) A letter sent to a prisoner by a person or body referred to in this Rule shall be given to the prisoner without delay and shall not be examined to any greater extent than is necessary to determine that it is such a letter. If any such letter is to be examined, it shall only be opened in the presence of the prisoner to whom it is addressed.

Examination of letters

45. (1) A letter given by a prisoner for sending, other than a letter referred to in Rule 44 (Letter to authorities), may be opened and examined by the Governor and he or she may confiscate the letter or any article enclosed therewith if he or she is of the opinion that -

• (a) it is threatening in nature,

• (b) were the letter or article sent to the person for whom it was intended, it could cause serious offence or distress to that person or other persons or there could be an interference with the course of justice,

• (c) the prisoner has not adequately identified himself or herself as the sender of the letter,

• (d) the person for whom it is intended has informed either the Minister or the Governor that he or she does not wish to receive letters from the prisoner,

• (e) it would facilitate or encourage the commission of a criminal offence or hamper the prevention, detection, investigation or prosecution of a criminal offence,

• (f) it could give rise to a legal action by a third party against the Governor or the Minister,

• (g) it is contrary to the interests of national security,

• (h) it is contrary to the interests of the security, good order and government of the prison or

• (i) it infringes the rights and freedoms of another person (including the right to privacy of another prisoner).

• (2) A letter sent to a prisoner under paragraph (1), (2) or (3) of Rule 43 (Letters) may be opened and examined by the Governor and he or she may confiscate the letter or any article enclosed therewith, if he or she, upon reasonable grounds, believes that were the letter or article to be given to the prisoner, that

• (a) the maintenance of good order or safe or secure custody in the prison could be threatened, or

• (b) it might facilitate a criminal offence or hamper the prevention, detection, investigation or prosecution of a criminal offence or

• (c) it might, otherwise, cause an interference with the course of justice.

• (3) A prisoner shall not, without the prior consent of the intended recipient, send a letter to the victim of his or her offence or the family of that person.

• (4) If a letter or an article is confiscated under this Rule, the prisoner or the author of the letter concerned shall be so informed wherever possible.

Telephone calls

46. (1) The Governor may permit a prisoner to communicate with members of his or her family or his or her friends by means of telephone calls, for such period or periods of time and in accordance with such procedures, as the Governor shall determine.

• (2) Subject to the availability of facilities, a convicted prisoner who is not less than 18 years of age shall be entitled to make not less than one telephone call per week to a member of his or her family or to a friend.

• (3) Subject to the availability of facilities, a convicted prisoner who is less than 18 years of age shall be entitled to make not less than two telephone calls per week to a member of his or her family or to a friend.

• (4) Subject to the availability of facilities, an unconvicted prisoner shall be entitled to make -

• (a) not less than five telephone calls per week to a member of his or her family or to a friend, and

• (b) as many telephone calls as are reasonably necessary for the purpose of enabling him or her to manage his or her property or business affairs, subject to such reasonable limitations as the Governor may impose in the interest of the effective management of the prison and to the maintenance of good order and safe and secure custody.

• (5) A prisoner to whom Rule 38 (Visit by legal adviser or relating to court appearance) or Rule 39 (Visit to foreign national) applies shall, in addition to being entitled to make a telephone call under paragraph (2), (3) or (4), be entitled to make a telephone call to a person from whom he is entitled to receive a visit in accordance with either such Rule, at any reasonable time.

• (6) A prisoner to whom Rule 37 (Visit for prisoner committed in default of payment of money or in prison in default of bail) applies shall, in addition to being entitled to make a telephone call under paragraph (2), (3) or (4), be entitled to make a telephone call to a person from whom he is entitled to receive a visit in accordance with such Rule, at any reasonable time.

• (7) The Governor may, for the purposes of maintaining good order and safe and secure custody or ensuring that a prisoner does not make any telephone calls to which paragraph (8) applies, intercept a telephone communications message made during a telephone call, provided that the prisoner or the person with whom he or she proposes to communicate is informed before any communication takes place that any telephone communications message made during the course of the telephone call may be intercepted.

• (8) The Governor or a prison officer authorised by the Governor may effect the termination of a telephone call to which this Rule applies if, upon reasonable grounds, he or she believes that the telephone communication -

• (a) is threatening in nature,

• (b) could cause serious offence or distress to the recipient of the call

• (c) could cause an interference with the course of justice,

• (d) the recipient of the call has informed either the Minister or the Governor that he or she does not wish to receive telephone calls from the prisoner,

• (e) would facilitate or encourage the commission of a criminal offence or hamper the prevention, detection, investigation or prosecution of a criminal offence,

• (f) could give rise to a legal action by a third party against the Governor or the Minister,

• (g) is contrary to the interests of national security,

• (h) is contrary to the interests of the security, good order and government of the prison or

• (i) infringes the rights and freedoms of another person (including the right to privacy of another prisoner).

• (9) In this Rule “intercept” means to listen, attempt to listen, record or attempt to record, howsoever affected, a telephone communications message taking place during a telephone call.

• (10) The Minister may set down the rates at which telephone calls to local, mobile, national or international numbers from a prison may be charged to a prisoner and the Governor of a prison shall inform or cause to be informed every prisoner of such charges and of the method of payment of such charges, if applicable, prior to such calls being made by a prisoner.

• (11) The Governor may set out by local order arrangements for making telephone calls under this Rule, including the period or periods of time for calls.

• (12) The Governor may, if he considers it appropriate, arrange for recipients of telephone calls from prisoners to be informed as to the origin of the call in advance of it being connected.

Contact in case of emergency, or death of prisoner

47. (1) Subject to paragraph (3), if a prisoner dies the Governor shall so inform or cause to be so informed, the nominated next-of-kin (or other such person as the prisoner may have nominated to be informed in the event of an emergency) as soon as may be after his or her death.

• (2) Subject to the Governor being satisfied that it would not compromise the safe and secure custody of the prisoner and subject to paragraph (3), if a prisoner becomes seriously ill or is seriously injured the Governor shall so inform a member of his or her family or such other person as the prisoner nominates, as soon as may be thereafter, unless the prisoner expresses a wish to the contrary.

• (3) Where a prisoner who is under 18 years of age dies or becomes seriously ill, is seriously injured or is admitted to a hospital for treatment the Governor shall so inform -

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

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

as soon as may be thereafter.

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

• (5) If the Governor becomes aware that a member of the prisoner's family or a close friend of the prisoner has died, is seriously ill, or has been seriously injured, he or she shall, as soon as may be after becoming so aware, inform the prisoner thereof.

• (6) The Governor may permit a prisoner to whom paragraph (5) applies to make and receive such number of telephone calls and receive such number of visits from members of his or her family or other persons whom he or she may nominate, as the Governor considers is practicable and consistent with the maintenance of good order and safe and secure custody.

• (7) If a prisoner dies while in prison the Governor shall, forthwith, notify or cause to be notified -

• (a) the coroner having jurisdiction,

• (b) the Garda Síochána,

• (c) the Minister,

• (d) the Director General of the Irish Prison Service,

• (e) the prison doctor,

• (f) the chaplain,

• (g) the Inspector of Prisons, and

• (h) the Chair of the Visiting Committee to the prison.

• (8) Where a prisoner dies while in prison the Governor shall as soon as may be after the prisoner's death, prepare, and submit to the Minister, a report and such other information as he or she may require in relation to the prisoner's death.

Current affairs, sport and other developments

48. (1) The Governor shall, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, provide such facilities as he or she considers appropriate, to enable a prisoner to be kept informed in relation to current affairs and developments outside the prison of a sporting, cultural or other nature and such facilities may include newspapers and other periodicals, radio and television.

• (2) The Governor shall, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, provide such facilities as he or she considers appropriate to enable a prisoner who is a foreign national to be kept informed in relation to current affairs in the state of which he or she is a citizen or spent the greater part of his or her life, as may be appropriate, and developments in that state of a sporting, cultural or other nature and the Governor shall seek theassistance of any one or more of the following persons or bodies to enable him or her to provide such facilities, taking account of the views of the prisoner, -

• (a) such national or international authorities and organisations, as may be designated by the Minister, whose principal object is to serve the interests of foreign persons or foreign prisoners or refugees or stateless persons or to protect the civil rights of such persons, and

• (b) the consul of the state of which the prisoner is a citizen or such other consul as the prisoner nominates.

• (3) Nothing in this Rule shall be construed as imposing any obligation to provide a particular facility or shall preclude a prisoner being charged a reasonable sum for availing of a facility.

• (4) A prisoner may, with the consent of the Governor, be provided with a facility to which this Rule applies by a member of his or her family or any other person, and such consent shall only be withheld where the Governor, upon reasonable grounds, considers that its provision would be impracticable or prejudicial to the maintenance of good order and safe and secure custody.

Provision of services by persons outside prison

49. (1) Subject to any direction under paragraph (3), the Governor may, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, permit such persons as he or she considers appropriate to enter the prison for the purposes of providing such services or facilities to -

• (a) prisoners generally,

• (b) prisoners of a certain class of prisoner, or

• (c) individual prisoners,

as he or she is of opinion would be beneficial to the welfare of the prisoners concerned, and the Governor shall, when performing a function under this Rule, have regard to such guidelines (if any) as the Minister may give.

• (2) Where the Governor permits a person to enter the prison under paragraph (1) he or she shall take special care to safeguard the privacy and preserve the human dignity of prisoners.

• (3) The Minister may give a direction to the Governor in relation to the performance by him or her of his or her functions under this Rule and where such a direction is given the Governor shall comply therewith.

Privacy

Transport of prisoners to and from prison

50. (1) When a prisoner is being moved to or from prison, or is otherwise outside of a prison but in lawful custody, such measures as are practicable shall be taken to ensure that he or she is not exposed to public view and is protected from insult, curiosity or publicity of any kind.

• (2) When a prisoner is being transported to or from prison, or is otherwise outside of a prison but in lawful custody, the conveyance in which he or she is being carried shall have adequate light and ventilation and shall be such as preserves his or her human dignity and allows him or her to be so transported in reasonable comfort and safety.

Breach of confidence

51. Subject to Rule 88 (Communication with Governor or officer of higher rank), personal or private information relating to a prisoner shall not be disclosed to any person by the Governor, a prison officer or any person employed or engaged in the provision of services to prisoners except where such disclosure is necessary in the performance of official duty or in the interests of justice.

Separation of male and female prisoners

52. (1) Unless otherwise authorised by the Minister, male and female prisoners shall be accommodated in separate areas to which prisoners of the opposite gender do not normally have access, and, subject to paragraph (2), prisoners of one gender shall not be permitted access to areas to which prisoners of the other gender have access at the same time.

• (2) Both male and female prisoners may participate together in such authorised activities as the Governor shall determine, at such times as he or she determines and such activities shall be supervised in such manner as the Governor directs.

Searches and Prohibitions

Search of prisoner's property

53. (1) The Governor or a prison officer may examine prisoners' property or anything for the time being in their possession at any time, if such examination is reasonably considered necessary for the maintenance of good order and safe and secure custody.

• (2) A prison officer may search a prisoner's cell at any time if the Governor is of opinion that such searches are necessary to ensure the maintenance of good order and safe and secure custody.

Conveying articles into or out of prison

54. (1) A prisoner shall not receive any article or thing from a person from outside of the prison without the permission of the Governor and no person shall, whether during a visit to which these Rules apply or otherwise, convey or attempt to convey any article or thing into or out of a prison or to a prisoner without such permission.

• (2) No person, without the permission of the Governor, shall place any article or thing in any place inside or outside the prison or convey by throwing or otherwise into or out of the prison any article or thing with the intent that it shall come into the possession of a person in the prison.

• (3) The Minister may issue directions as to the circumstances when a Governor shall be under a duty to report an incident to the Garda Síochána for investigation as to whether an offence has been committed under section 6(2) of the Criminal Law Act, 1976 (No. 32 of 1976) under this Rule.

Grievance Procedures

Governor's meeting with prisoners

55. (1) The Governor shall, as soon as is practicable, meet with a prisoner where the prisoner so requests.

• (2) Where at a meeting to which this Rule applies, the prisoner makes a complaint to or request of the Governor, or brings to the Governor's attention any other matter relating to the prisoner in respect of which a decision by the Governor is warranted, the Governor shall, upon making a decision in relation to any such complaint, request or matter, notify the prisoner as soon as is practicable thereafter.

• (3) The Governor shall record the date and time on which a meeting under this Rule took place, the name of the prisoner concerned, the nature of any request, complaint or matter brought to the Governor's attention during the meeting and the decision (if any) of the Governor in relation thereto.

Prisoner's request to meet with visiting committee

56. Where a prisoner makes a request to meet with the visiting committee or a member of the visiting committee the Governor shall forward the request without undue delay to the visiting committee or the member concerned, as may be appropriate.

Prisoner's meeting with officer of Minister

57. (1) A prisoner may make a request, in writing, to the Governor to meet with an officer of the Minister (other than the Governor, a prison officer or any other person working in the prison) and the Governor shall, upon receipt of such request, forward the request without undue delay to the Director General.

• (2) An officer of the Minister, designated by the Director General, shall, as soon as is practicable, visit the prisoner and hear any request or complaint which the prisoner may wish to make.

• (3) Subject to the requirements of security, good order and the government of the prison, a meeting between a prisoner and an officer of the Minister attending the prison pursuant to this Rule shall take place within the view, and except where the prisoner or officer of the Minister requests otherwise, out of the hearing of a prison officer.

• (4) Where at a meeting to which this Rule applies the prisoner makes a complaint to or request of the officer of the Minister concerned, or brings to his or her attention any other matter relating to the prisoner in respect of which a course of action by the Governor is warranted, or appeals against any decision made by the Governor, the officer of the Minister may -

• (a) make a recommendation to the Governor, or

• (b) recommend to the prisoner that he or she make the complaint or request to the Governor or bring the matter to the attention of the Governor,

and the officer may, before making a recommendation under this paragraph, seek the views of the Governor in relation to the request, complaint or other matter, as the case may be.

• (5) Where the Governor fails or refuses to give full effect to a recommendation of an officer of the Minister under paragraph (4) (a) the Director General may give a direction to the Governor in relation to the complaint, request or other matter concerned and the Governor shall comply with the direction.

• (6) The Governor shall record -

• (a) the prisoner's name,

• (b) the date on which a request under this Rule was made,

• (c) the date on which it was forwarded under this Rule,

• (d) the date on which a meeting under this Rule took place,

• (e) a recommendation made or direction given under this Rule, and

• (f) any action taken or decision made by him or her pursuant to such a recommendation or direction.

Long Term Prisoners

Prisoners serving long sentences

58. (1) The Governor shall, at least every two years after the prisoner commenced serving the term concerned, meet with any prisoner, who is serving a term of imprisonment of five years or more, for the purpose of -

• (i) confirming that the prisoner is fully aware of services and facilities of which he or she may avail, and

• (ii) advising and encouraging the prisoner to avail fully of those services and facilities, particularly services and facilities that are likely to be of assistance in helping him or her to reintegrate into society upon his or her release from prison.

• (2) The Governor shall, in relation to a prisoner who has served not less than four years of a term of imprisonment, prepare and submit to the Director General a report and such report shall include proposals in relation to the future management of the prisoner's term of imprisonment and recommendations (if any) in relation to the prisoner.

Remission, Transfer and Release

Remission

59. (1) A prisoner who has been sentenced to -

• (a) a term of imprisonment exceeding one month, or

• (b) terms of imprisonment to be served consecutively the aggregate of which exceeds one month,

shall be eligible, by good conduct, to earn a remission of sentence not exceeding one quarter of such term or aggregate.

• (2) The Minister may grant such greater remission of sentence in excess of one quarter, but not exceeding one third thereof where a prisoner has shown further good conduct by engaging in authorised structured activity and the Minister is satisfied that, as a result, the prisoner is less likely to re-offend and will be better able to reintegrate into the community.

• (3) This Rule shall not apply to a prisoner who is serving a term of imprisonment ordered under section 18 of the Enforcement of Court Orders Act 1926 (No.18 of 1926), a prisoner sentenced to life imprisonment or to a prisoner committed to prison for contempt of court.

• (4) Nothing in this Rule shall result in a reduction in the period of remission of a sentence an individual prisoner has been granted prior to the entry into force of these Rules.

Record of transfer or release

60. (1) Where a prisoner is,

• (a) transferred to the Central Mental Hospital, another prison or any place outside the prison for the purposes of receiving medical treatment, or

• (b) released on temporary release,

the Governor shall, as soon as is practicable, record that the person has been so transferred or released, the date on which he or she has been so transferred or released, and the authority under which the transfer or release, as the case may be, took place.

• (2) In this Rule “Central Mental Hospital” has the same meaning as it has in the Act of 1960.

Basic provision on release

61. (1) When a prisoner is discharged from prison whether on temporary release or otherwise, the Governor shall ensure that he or she has sufficient means for travelling to his or her destination within the State.

• (2) If, upon being discharged from prison whether on temporary release or otherwise, a prisoner has no clothing of his or her own, or inadequate clothing, he or she shall be provided with suitable clothing, and, in so far as is practicable, of a type that is generally worn by persons of his or her age and gender outside prison.

• (3) If the Governor has reasonable grounds for believing that a prisoner who is being discharged from prison, whether on temporary release or otherwise, has insufficient means of subsistence, the Governor shall ensure, in so far as is practicable, that he or she is provided with such means of subsistence as the Governor considers appropriate in the circumstances.

PART 4 CONTROL, DISCIPLINE AND SANCTIONS

Control

Removal of prisoner from structured activity or association on grounds of order

62. (1) Subject to Rule 32 (Exercise) a prisoner shall not, for such period as is specified in a direction under this paragraph, be permitted to -

• (a) engage in authorised structured activities generally or particular authorised structured activities,

• (b) participate in communal recreation,

• (c) associate with other prisoners,

where the Governor so directs.

• (2) The Governor shall not give a direction under paragraph (1) unless information has been supplied to the Governor, or the prisoner's behaviour has been such as to cause the Governor to believe, upon reasonable grounds, that to permit the prisoner to so engage, participate or associate would result in there being a significant threat to the maintenance of good order or safe or secure custody.

• (3) A period specified in a direction under paragraph (1) shall not continue for longer than is necessary to ensure the maintenance of good order or safe or secure custody

• (4) Where the direction under paragraph (1) is still in force, the Governor shall review not less than once in every seven days a direction under paragraph (1) for the purposes of determining whether, having regard to all the circumstances, the direction might be revoked.

• (5) A prisoner in respect of whom a direction under this Rule is given shall be informed in writing of the reasons therefor either before the direction is given or immediately upon its being given, and shall further be informed of the outcome of any review as soon as may be after the Governor has made a decision in relation thereto.

• (6) The Governor shall make and keep a record of -

• (a) any direction given under this Rule,

• (b) the period in respect of which the direction remains in force,

• (c) the grounds upon which the direction is given,

• (d) the views, if any, of the prisoner, and

• (e) the decision made in relation to any review under paragraph (4).

• (7) The Governor shall, as soon as may be after giving a direction under paragraph (1) (c), inform the prison doctor, and the prison doctor shall, as soon as may be, visit the prisoner and, thereafter, keep under regular review, and keep the Governor advised of, any medical condition of the prisoner relevant to the direction.

• (8) The Governor shall, as soon as may be after giving a direction under paragraph (1) (c), inform a chaplain of the religious denomination, if any, to which the prisoner belongs of such a direction and a chaplain may, subject to any restrictions under a local order, visit the prisoner at any time.

• (9) The Governor shall, as soon as may be, submit a report to the Director General including the views of the prisoner, if any, explaining the need for the continued removal of the prisoner from structured activity or association under this Rule on grounds of order where the period of such removal will exceed 21 days under paragraph (4). Thereafter, any continuation of the extension of the period of removal must be authorised, in writing, by the Director General.

Protection of vulnerable prisoners

63. (1) A prisoner may, either at his or her own request or when the Governor considers it necessary, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him or her.

• (2) A prisoner to whom paragraph (1) applies may participate with other prisoners of the same category in authorised structured activity if the Governor considers that such participation in authorised structured activity is reasonably likely to be beneficial to the welfare of the prisoner concerned, and such activity shall be supervised in such manner as the Governor directs.

• (3) The Governor shall make and keep in the manner prescribed by the Director General, a record of any direction given under this Rule and in particular

• (a) the names of each prisoner to whom this rule applies,

• (b) the date and time of commencement of his or her separation,

• (c) the grounds upon which each prisoner is deemed vulnerable,

• (d) the views, if any, of the prisoner,

• (e) the date and time when the separation ceases

Use of special observation cell

64. (1) Subject to paragraphs (6) and (7) a prisoner shall, where the Governor so directs, be accommodated in a special observation cell designated by the Minister under Rule 18 (Certification of cells or rooms) for the purposes of this Rule, for such period, not exceeding 24 hours, as is specified in the direction concerned.

• (2) A direction under paragraph (1) shall not be given, in relation to a prisoner, unless it is necessary to prevent the prisoner from causing imminent injury to himself or herself, or others and allother less restrictive methods of control have been or would, in the opinion of the Governor, be inadequate in the circumstances.

• (3) A prisoner to whom a direction under paragraph (1) applies shall be examined by the prison doctor as soon as practicable after he or she has been accommodated in a special observation cell pursuant to such direction.

• (4) If the prison doctor advises that a prisoner to whom a direction under paragraph (1) applies should be accommodated other than in accordance with such direction the Governor shall consider the matter and shall, if he or she decides against the advice of the prison doctor, record the reasons for his or her action.

• (5) A prisoner to whom a direction under paragraph (1) applies shall be observed by a prison officer at least once every 15 minutes while he or she is being accommodated in a special observation cell.

• (6) Subject to paragraph (7) a period specified in a direction under this Rule shall not exceed 24 hours, but the Governor may, having consulted the prison doctor and considered all other matters, if exceptional circumstances exist that would warrant the extension of the period, direct that the period be extended for not more than four further periods none of which shall exceed 24 hours commencing on the expiration of the first-mentioned period.

• (7) The Governor may extend the periods provided for in paragraph (6) that a prisoner may be accommodated in a special observation cell but only after submitting a report to the Director General explaining the need for such an extension and receiving written authorisation from the Director General for such an extension.

• (8) The Governor may require a prisoner's clothing, including underwear, to be removed before the prisoner is accommodated in a special observation cell where he or she considers that items or parts of the prisoner's clothing may be used by the prisoner to harm himself or herself, or others, or to cause significant damage to property, and such removal of clothing shall be carried out with due regard to decency and the dignity of the prisoner.

• (9) No prisoner shall be left unclothed in a special observation cell, but may be provided with appropriate clothing in the interests of his or her safety.

• (10) The Governor shall visit any prisoner accommodated in a special observation cell under this Rule not less than once on each day that he or she is so accommodated.

• (11) A doctor shall visit a prisoner accommodated in a special observation cell under this Rule at least daily and as frequently as the doctor believes it necessary.

• (12) The Governor shall, in the manner prescribed by the Director General, record -

• (a) any direction given under this Rule and its terms,

• (b) the date and time of the commencement of a period specified in a direction under this Rule,

• (c) the grounds upon which the direction is given,

• (d) the date and time of the termination of a period specified in a direction under this Rule,

• (e) all visits received by a prisoner to whom a direction under this Rule applies during any such period,

• (f) any request made by such prisoner to be permitted to meet with or receive a visit from a prison doctor, psychologist, healthcare professional, or chaplain, and the action taken by the Governor in response to such request,

• (g) any request made by such prisoner to be permitted to meet with or receive a visit from his or her legal adviser, and the action taken by the Governor,

• (h) any other significant occurrences, or requests of the prisoner, during such period and any other comments or observations of the Governor relating to any direction under this Rule,

• (i) any report issued under paragraph (7).

• (13) Under no circumstances shall a prisoner be accommodated in a special observation cell for purposes of punishment.

Use of restraints

65. (1) In this Rule a “restraint” means a device approved by the Minister that is designed to restrict the prisoner's movement without causing injury to the prisoner.

• (2) A prisoner may -

• (a) be placed in a restraint, in a manner approved by the Minister, where the Governor so directs, and

• (b) be kept in restraint for such period, not exceeding 24 hours, as is specified in the direction concerned.

• (3) A direction under paragraph (2) shall not be given in relation to a prisoner unless it is necessary, in case of urgent necessity, to prevent -

• (a) the prisoner from injuring himself or herself, or others, or

• (b) significant damage to property by the prisoner,

and the accommodation of the prisoner concerned without restraint in a cell would, in the opinion of the Governor, be inadequate.

• (4) The Governor shall as soon as may be after giving a direction under this Rule inform -

• (a) the Director General,

• (b) the prison doctor,

• (c) a member of the visiting committee, and

• (d) a chaplain of the religious denomination, if any, to which the prisoner belongs,

of the giving by him or her of the direction concerned, the reason for so doing and of its terms.

• (5) A prisoner to whom a direction under paragraph (2) applies shall be visited by a member of the healthcare staff immediately after he or she has been placed in a restraint pursuant to such direction and as soon as may be after such restraint is removed.

• (6) A prisoner to whom a direction under paragraph (2) applies shall be released from a restraint if the prison doctor so advises.

• (7) A prisoner to whom a direction under this Rule applies shall be observed by an officer at least once every 15 minutes while he or she is restrained in a restraint.

• (8) A period specified in a direction under this Rule shall not exceed 24 hours, but the Governor may, having consulted a doctor and considered all other matters, if exceptional circumstances exist that would warrant the extension of the period, direct that the period be extended for not more than one further period of 24 hours commencing on the expiration of the first-mentioned period.

• (9) Before a further extension of such period as described in paragraph (8) may be applied, the Governor shall submit a report to the Director General explaining the need for such an extension and obtain written authorisation from the Director General for such an extension.

• (10) The Governor shall visit any prisoner restrained under this Rule not less than once on each day that he or she is so accommodated or restrained.

• (11) The prison doctor shall visit any restrained prisoner under this Rule during each 24 hour period and more often if the prison doctor believes it necessary.

• (12) The Governor shall record -

• (a) any direction given under this Rule and its terms,

• (b) the date and time of the commencement of a period specified in a direction under this Rule,

• (c) the grounds upon which the direction is given,

• (d) the date and time of the termination of a period specified in a direction under this Rule,

• (e) all visits received by a prisoner to whom a direction under this Rule applies during any such period,

• (f) any request made by such prisoner to be permitted to meet with or receive a visit from a prison doctor, psychologist, healthcare professional, or chaplain, and the action taken by the Governor in response to such request,

• (g) any request made by such prisoner to be permitted to meet with or receive a visit from his or her legal adviser, and the action taken by the Governor in response to such request,

• (h) any other significant occurrences, or requests of the prisoner, during such period and any other comments or observations of the Governor relating to any direction under this Rule,

• (i) any report issued under paragraph (9).

• (14) Nothing in this Rule shall be construed as requiring that a direction under paragraph (2) be given in order to enable handcuffs or other restraints to be placed on a prisoner who is being escorted to or from a prison, or is otherwise outside of a prison but in lawful custody, or is being escorted from one part of the prison to another part of the prison.

Discipline

Breach of prison discipline

66. (1) An act or omission described in Schedule 1 of these Rules shall for the purposes of Part 3 of the Prisons Act, 2007, be a breach of prison discipline and “a breach of prison discipline” shall be construed accordingly.

• (2) Pursuant to Part 3 of the Prisons Act, 2007, if a prisoner is alleged to have committed a breach of discipline, the Governor of the prison may decide to hold an inquiry into the alleged breach. Where the Governor decides not to hold an inquiry into the alleged breach, this fact and the reason why such a decision has been made shall be recorded.

• (3) Subject to Rules 62 to 65, disciplinary action may only be taken by the Governor following an inquiry pursuant to Part 3 of the Prisons Act, 2007.

Inquiry into breach of prison discipline

67. (1) Where the Governor decides to hold an inquiry into an allegation of a breach of prison discipline, he or she shall inform the prisoner by notice in writing of the nature of the alleged breach.

• (2) Where the Governor decides to hold an inquiry, it shall commence -

• (a) not earlier than the next day after the prisoner has been given a notice under paragraph (1) unless the Governor has reasonable grounds for believing that delaying the holding of an inquiry would threaten the maintenance of good order or safe or secure custody, and

• (b) not later than the day falling seven days after the Governor has made his or her decision, unless the Governor upon reasonable grounds is of opinion that more time is required to enable the inquiry to be conducted effectively.

• (3) An inquiry into an allegation of a breach of prison discipline shall be conducted by the Governor, and the prisoner to whom the allegation relates shall be entitled to be present during the conduct of the inquiry.

• (4) As far as is reasonably practicable, a prisoner to whom an allegation relates shall not be escorted to or from an inquiry to which this Rule relates by the prison officer who made the allegation.

• (5) The prisoner shall be entitled to sit or stand as he or she wishes.

• (6) The prisoner shall be entitled to be told what is alleged against him or her and to hear or be given an opportunity to examine or have explained to him or her any evidence given or submitted in support of an allegation that he or she committed a breach of prison discipline.

• (7) The prisoner shall be entitled to reply to any allegation that he or she has committed a breach of prison discipline and, with the consent of the Governor, to call a witness to give evidence. A prisoner shall give notice prior to the commencement of the inquiry of a witness he or she wishes to call to the inquiry.

• (8) The Governor shall not withhold his or her consent under paragraph (7) unless he or she is satisfied, upon reasonable grounds that the evidence that the witness would propose to give would be of no assistance in furthering the inquiry.

• (9) At an inquiry the prisoner may put questions, through the Governor, to any witness.

• (10) The Governor may adjourn an inquiry to which this Rule applies where the interests of justice so require and he or she shall inform the persons present during the conduct of the inquiry of his or her reasons for so doing.

• (11) A prisoner to shall be entitled to make a plea in mitigation to the Governor before the Governor imposes any penalty

• (12) The Governor shall, where necessary and in so far as is practicable, arrange for the provision of the services of an interpreter to a prisoner during the conduct of an inquiry into a breach of prison discipline.

• (13) Pursuant to Part 3 of the Prisons Act, 2007, the Governor shall inform a prisoner of his decision to imposes a penalty, suspend the operation of a penalty or restore lost remission, as soon as may be after he or she has made a decision to so do.

Notification of Appeal Tribunal Decisions

68. (1) Pursuant to Part 3 of the Prisons Act, 2007, the Governor shall ensure that decisions made by the Appeal Tribunal shall be notified in writing to the prisoner and displayed in the prison in line with guidelines laid down from time to time by the Director General.

PART 5 YOUNG PRISONERS

Separation of young prisoners

69. (1) Subject to paragraph (2), a prisoner who has not attained the age of 18 years (in this Rule referred to as a “young prisoner”) shall, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be accommodated in areas that are separate from those in which older prisoners are accommodated or have access.

• (2) A young prisoner may participate with older prisoners in such authorised structured activity as the Governor may determine at such times as he or she may determine (in this paragraph referred to as “communal activity”), if the Governor considers that such communal activity is reasonably likely to be beneficial to the welfare of the young prisoner concerned, and such activity shall be supervised in such manner as he or she directs.

• (3) Subject to paragraph (4), a young prisoner shall, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause significant harm to him or her.

• (4) Where practicable a young prisoner shall associate with other young prisoners.

Release

70. (1) Where a prisoner who is under the age of 18 years is due to be released from prison, the Governor shall as soon as practicable before his or her release, inform, or cause to be informed -

• (a) a parent or guardian of the prisoner, or

• (b) (if the prisoner is married) his or her spouse,

of the proposed time and place of his or her release.

• (2) If the Governor, having made all reasonable efforts to contact the persons referred to in paragraph (1) has been unable to so do, or if none of those persons is willing or able to meet the prisoner, or provide him or her with accommodation, upon his or her release, the Governor shall, with the agreement of the prisoner, attempt to make contact or cause contact to be made with a relative or friend of the prisoner or with such other appropriate person or agency as might be able to provide the prisoner with accommodation, or assistance in finding accommodation, upon his or her release from prison, and if contact is made with such relative, friend or other person then that person shall be informed of the proposed time and place of the prisoner's release.

• (3) The Governor shall record of the name of any person or agency contacted by him or her under this Rule.

PART 6 PRISONERS NOT SERVING SENTENCE

Separate accommodation

71. Unconvicted prisoners shall, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, be accommodated in areas that are separate from those in which convicted prisoners are accommodated or to which convicted prisoners have access, and convicted prisoners shall, as far as is practicable, not be permitted access to areas to which unconvicted prisoners have access at those times when unconvicted prisoners have such access.

Authorised structured activity

72. (1) An unconvicted prisoner may, with the consent of the Governor, engage in authorised structured activity, but shall not be required to engage in such activity.

• (2) An unconvicted prisoner may, with the prior approval of the Governor, participate with convicted prisoners in such authorised structured activity as the Governor may determine at such times as he or she may determine.

• (3) The Governor may, in so far as is practicable and subject to the maintenance of good order and safe and secure custody, and recoupment of any additional costs involved, arrange for the provision of such facilities as he or she considers appropriate to an unconvicted prisoner to enable him or her to engage in his or her normal trade or employment.

Private healthcare - request by unconvicted prisoner

73. (1) Where an unconvicted prisoner requests the services of a registered medical practitioner other than a prison doctor or a registered dental practitioner other than one provided by the Minister, the Governor shall, if he or she is reasonably satisfied that there exists a genuine medical need for the attendance, permit the registered medical practitioner or registered dental practitioner concerned to attend at the prison and examine and provide treatment to the prisoner concerned, in so far as is practicable and subject to the maintenance of good order and safe and secure custody.

• (2) Where an unconvicted prisoner makes a request to be provided with medicine or equipment or access to facilities prescribed or recommended by a registered medical practitioner or registered dental practitioner to whom paragraph (1) applies the Governor may arrange for their provision, in so far as is practicable and subject to the maintenance of good order and safe and secure custody.

• (3) The Governor shall before performing a function under paragraph (1) or (2) consult with the prison doctor.

• (4) Where the Governor decides not to accede to a request to which this Rule applies he or she shall inform the prisoner concerned forthwith.

Payment by unconvicted prisoner for private healthcare

74. (1) An unconvicted prisoner who is permitted to receive private healthcare or to be provided with medicine, equipment or access to facilities under Rule 73 (Private healthcare - request by unconvicted prisoner) shall be required to pay expenses arising out of the attendance of the registered medical practitioner or a registered dental practitioner under paragraph (1) of Rule 73 (Private healthcare - request by unconvicted prisoner) and the provision of any medicine, equipment or other facilities under paragraph (2) of Rule 73 (Private healthcare - request by unconvicted prisoner).

• (2) Any expenses incurred in the provision of medicine, equipment or access to facilities to an unconvicted prisoner under paragraph (2) of Rule 73 (Private healthcare - request by unconvicted prisoner) or expenses referred to in paragraph (1) may, with the prior consent of the prisoner concerned, be paid out of any moneys belonging to an unconvicted prisoner that have been retained by the Governor under paragraph (6) of Rule 8 (Prisoner's property).

PART 7 GOVERNORS

Duties of Governor

75. (1) Subject to the directions of the Minister and the Director General, the Governor shall be responsible for the management of the prison of which he or she is Governor.

• (2) The Governor shall at all times conduct himself or herself and perform his or her functions in such a manner as to -

• (i) influence prisoners for good by his or her example,

• (ii) maintain the respect of the prisoners in the prison, and

• (iii) respect the dignity and human rights of all prisoners.

• (3) The Governor shall -

• (i) develop and maintain a regime which endeavours to ensure the maintenance of good order and safe and secure custody and personal well being of prisoners; and

• (ii) assist and encourage prisoners in -

• (a) coping with their imprisonment,

• (b) achieving their personal development,

• (c) taking responsibility for their lives, including offending behaviour, and

• (d) preparing for reintegration into society after release.

• (4) The Governor shall

• (i) endeavour to ensure the fitness for duty of all prison officers and good conduct in the performance of such duties;

• (ii) promote awareness of and ensure compliance with statutory obligations in regard to health, safety and welfare in the workplace;

• (iii) have in place plans, equipment and procedures and ensure that prison officers are trained to perform their duties to meet fire, riot and other such emergencies.

• (5) The Governor shall ensure that these Rules are applied fairly, impartially and without discrimination and that all persons to whom these Rules apply are made aware of these Rules and of the consequences of any breach of prison discipline under these Rules.

• (6) The Governor shall co-ordinate the delivery of all services to prisoners and ensure, in so far as is practicable, the preparation and implementation of sentence management plans incorporating plans for their reintegration into society. The Governor shall endeavour to ensure that the persons engaged in the delivery of such services and the preparation and implementation of such plans co-operate with one another in such delivery, preparation and implementation.

• (7) A Governor shall comply with any directions of the Minister or the Director General or such persons as may be designated by the Minister or the Director General.

• (8) The Governor shall ensure the efficient and appropriate delivery of healthcare services in his/her prison and shall seek periodic reports thereon from the relevant healthcare professionals.

Delegation by Governor of functions

76. (1) A Governor may, as occasion requires, delegate any function performable by him or her under these Rules to a Deputy Governor, Assistant Governor or any grade of prison officer.

• (2) Where a delegation is made under this Rule -

• (a) the person to whom the function is delegated shall perform the function under the general direction and control of the Governor,

• (b) the person shall perform the function concerned in accordance with any limitations specified in the delegation as to the part of the prison in respect of which, the period in which, or extent to which he or she is to perform that function, and

• (c) a provision of these Rules that vests functions in the Governor or regulates the manner in which any function is to be performed shall, if and in so far as it is applicable to the function concerned, have effect, for the purposes of the performance of that function by the person to whom it has been delegated, with the substitution of that person for the Governor.

• (3) Notwithstanding paragraph (2), every function delegated under this Rule shall continue to be vested in the Governor but shall be so vested concurrently with the person to whom it has been delegated and so as to be capable of being performed by either the Governor or the person concerned.

• (4) Where a delegation to a person is made under this Rule the Governor shall, where he or she proposes to perform the function himself or herself, inform the person concerned, where practicable, that he or she so proposes.

• (5) The Governor or the Minister may revoke a delegation under this Rule.

• (6) In the absence of the Governor, Deputy Governor or Assistant Governor, the Chief Officer or in his or her absence the senior Assistant Chief Officer, to whom such a role is normally assigned, shall have charge of the prison unless another officer has been designated these functions.

Inspection of prison

77. (1) The Governor shall make daily inspections of the prison including those areas of the prison where prisoners are accommodated or congregate or are otherwise held. The times of all such visits shall be at the Governor's discretion and recorded in a manner as prescribed by the Director General. In the event that the Governor is absent from the prison, he or she shall ensure that the responsibilities to carry out the inspections under this Rule shall be delegated to a Deputy Governor or Assistant Governor.

• (2) The Governor shall also, on a number of occasions during each year, inspect the prison at night time, such visits to be unsuspected and not announced in advance.

Local orders

78. (1) The Governor may make orders relating to the security, good order and government of the prison and the prisoners therein, in so far as they are consistent with these Rules (in these Rules referred to as “local orders”).

• (2) A record of the making of every local order shall be made and kept by the Governor and each local order shall, as appropriate, be published and brought to the notice of all persons to whom it applies.

• (3) A Governor may revoke or amend a local order.

Viewing of prison