Overview A prison officer shall, in relation to prisoners in his charge or supervision, ensure maintenance of good order safe and secure custody, interact with each prisoner in a manner that supports his rehabilitation and welfare and where he is of the opinion that the prisoner needs medical, psychiatric or other assistance or special care, or closer observation, inform an officer of higher rank or […]
General Structure of Prisons Subject to the directions of the Minister and the Director General of the Prison Service, the Governor is responsible for the management of the prison of which he is Governor. He shall conduct himself and perform his functions in such a manner as to influence prisoners for good by his or her example, maintain the respect of prisoners in the prison […]
Transfer Outwards The Transfer of Sentenced Persons Act makes provision for the transfer between the State and places outside the State of persons who are detained in prisons, hospitals and other institutions by order of courts in the exercise of criminal jurisdiction. It is made under the Council of Europe Convention on the Transfer of Sentenced Persons made in Strasburg 1983 as amended. A sentenced […]
Breach of Discipline Breach of the matters set out, are disciplinary breaches. Where a prisoner is alleged to have committed a breach of discipline, the Governor may hold an inquiry into the breach. If he does not do so, he should record the reason. Disciplinary action may be taken by the Governor following an enquiry. Where the Governor decides to hold an inquiry into the […]
Prisoner Meetings The Governor shall meet with the prisoner where he so requests. The prisoner may make a complaint or, at the request of the governor, bring matters to his attention relating to the prisoner, in respect to which a decision is warranted. Upon making a decision, the prisoner is to be notified as soon as practicable. Particulars of the request and the decision are […]
Inspector of Prisons The Prisons Act provides for the appointment of an inspector of prisons. The inspector’s functions are to carry out regular inspections of prisons. He may enter any prison and obtain records and documents. He may bring issues of concern to the attention of the governor, the director general of the Irish Prison Service or the Minister as he considers appropriate. The Minister […]
Special Prison Procedure The Prisons Act 2007 introduces a special mechanism for the construction of new prisons. The normal planning rules are varied. It provides for special planning provisions. The Minister must direct that the provisions apply to the prison development covered by the legislation. An approved development is not subject to the Planning Acts, the Building Control Acts or the National Monument Act. Provision is […]
Visits A convicted prisoner over 18 years is entitled to receive not less than one visit from relatives and friends in each week of not less than 30 minutes duration. A person under 18 is entitled to two such visits weekly. An unconvicted prisoner is entitled to one visit per day of not less than 15 minutes duration on each six days of the week. […]
Power to Make Rules The Prisons Act 2007 makes provision for making rules for the good government of prison. They may provide for the duties and conduct of the governors and officers of a prison, classification and treatment of prisoners, provision of facilities and services to prisoners, acts which constitute a breach of prison discipline, remission of a portion of a prisoner’s sentence, the manner […]
Imprisonment Prisoners are committed by a warrant issued by a court after a finding of guilt. They are delivered to the custody of the prison governor. The governor exercises the power to imprison inmates and restrict their liberties. The objectives of the prison system are to provide an efficient and effective prison system containing keeping in custody those committed to prison by the courts promoting […]
Remission and Release Temporary release may be granted under the Criminal Justice (Temporary Release of Prisoners) Act. The Prison Rules allow for standard remission of a quarter of the sentence, subject to compliance with criteria. The availability of remission should not be the subject of discrimination between prisoners. In theory, prison remission is earned but to a large extent it is automatic. There is provision […]
Overview Notwithstanding that a prisoner is deprived of liberty, he or she retains a range of other rights protected by the Constitution. This includes the right of access to courts to challenge the legality of their detention. Challenges to the legality of the conditions of detention may be permissible. It is unlikely that any such challenge would lead to release from detention unless their health […]