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 and respect the dignity and human rights of all prisoners.
The Governor shall develop and maintain a regime which endeavours to ensure the maintenance of good order and safe and secure custody and well being of prisoners and assist them in coping with imprisonment, achieving personal development, taking responsibility for their lives, including offending behaviour and preparing for reintegration into society. He shall endeavour to ensure the wellbeing of all prison officers and good conduct in the performance of their duties.
Duties of Governor
The Governor may make orders relating to the activity, security, order and good management of prison insofar as they are consistent with the rules. They are to be deemed local order. Making of local orders are to be recorded and published in a box with notice of all persons to whom they apply.
He may promote awareness of and ensure compliance with statutory obligations regarding health, safety and welfare at the workplace; have in place equipment and procedures and plans to ensure must prison officers are trained to perform their duties, be it riot, fire and other emergencies.
The Governor shall ensure that the prison rules are applied fairly, impartially and without discrimination. All persons are to be aware of the rules and the consequences of breach.
The Governor shall coordinate the delivery of all services to prisoners and to ensure insofar as practicable, the preparation and implementation of sentence management plans, incorporating plans for reintegration into society. The Governor shall ensure that persons engaged in the delivery of services and preparation and implementation of plans, co-operate with each other in the delivery, preparation and implementation.
The Governor shall comply with directions of the Minister or Director General or such persons as may be designated by them. The Governor shall ensure the efficient and appropriate delivery of healthcare services in prisons and seek periodic reports from relevant healthcare professionals.
The Governor may delegate functions to a Deputy Governor, Assistant Governor or any grade of prison officer. Where a delegation is made, the person to whom functions are delegated remain under the general control and direction of the Governor. The person shall perform the functions concerned in accordance with the limitations specified in the delegation.
Functions conferred on the Governor by the rules may be undertaken by a delegate. The Governor shall make daily inspections of the prison, including those areas where prisoners are accommodated or congregated or otherwise held. Time shall be recorded.
Review of Prisoners
The Governor is to meet at least every two years, prisoners serving a term of imprisonment for five years or more, to confirm that the prisoner is aware of the services and facilities, of which he may avail and advising and encouraging the prisoner to avail of such services and facilities.
In the case of a prisoner who has served not less than four years, he shall prepare and submit to the Director General, a report including proposals in relation to the future management of the prisoner’s term of imprisonment and recommendations.
Where a prisoner is discharged from prison, whether on temporary release or otherwise, the Governor is to ensure he has sufficient means for traveling to his destination within the State. If on being discharged, he has no clothing or adequate clothing, he is to be provided with suitable clothing or means of subsistence.
Unconvicted Prisoner & Under 18 Years
Person under 18 shall be separated from older prisoners, insofar as practicable and subject to maintenance of good order, safe and secure custody.
Unconvicted prisoner shall insofar as practicable and subject to the maintenance of good order and safe custody, be accommodated in areas separate from those in which convicted prisoners are accommodated or to which they have access.
An un-convicted prisoner may, with the consent of the Governor, engage in authorised structured activity but shall not be required to engage in such activity. An unconvicted person may, with the approval of the Governor, participate with convicted prisoners in such authorised structural activity, as the Governor may determine.
The Governor may, insofar as practicable and subject to maintenance of good order and safe and secure custody, recoupment of cost, arrange for the provision of such facilities as he considers appropriate to an unconvicted person to enable him in it in his or the normal trade or employment. An unconvicted person may, where there is a good medical need, be attended by a doctor or dental practitioner of this choice, subject to paying the cost of thereof.
The Governor is to inform the Minister in writing of any activity, occurrence or matter, which is of particular importance and which he considers shall be brought to the attention of the Minister. The Governor may make any suggestion to the Minister for the improvement for the prison and its operation, generally, and prisons generally, as he considers appropriate.
The Governor, upon receipt of a complaint made by a prison officer, inform the same with comments to the Minister. Where the prison doctor or psychiatrist, inform the Governor that he is of the opinion
- that the life of prisoner would be endangered by continued imprisonment or he is unlikely to live until the expiration of the period of sentence;
- the prisoner is unfit for the prison regime or
- his mental and physical state or health are being significantly impaired by continued imprisonment,
The Governor shall inform the Minister, as soon as may be. The matter shall be recorded. The Governor shall make an annual report to the Director General and report in relation to the performance by him of its functions and the operation of the prison in the preceding year.