S.I. No. 104/1985 - Detention of Offenders (Fort Mitchel) Regulations, 1985.

S.I. No. 104 of 1985.

DETENTION OF OFFENDERS (FORT MITCHEL) REGULATIONS, 1985.

I, MICHAEL NOONAN, Minister for Justice, in exercise of the powers conferred on me by section 3 of the Prisons Act, 1970 (No. 11 of 1970) hereby make the following Regulations:

1. These Regulations may be cited as the Detention of Offenders (Fort Mitchel) Regulations, 1985.

2. In these Regulations—

"Governor" means the Governor of Fort Mitchel;

"offender" means a person detained in Fort Mitchel;

"Fort Mitchel" means Fort Mitchel, Spike Island, in the county of Cork, being a place provided by the Minister under section 2 of the Prisons Act, 1970 (No. 11 of 1970);

"Visiting Committee" means the Visiting Committee to Fort Mitchel.

3. Male persons who, at the time of their transfer to Fort Mitchel, are not less than 16 years of age may be detained therein.

4. (1) Offenders shall, in so far as the period of their detention permits, be given training and treatment intended to encourage and assist them to lead law-abiding and self-supporting lives.

(2) Any restriction imposed on offenders shall, subject to the requirements of safe custody, be kept to the minimum required for well-ordered community life.

(3) Staff assigned to Fort Mitchel shall seek to influence offenders by good example and leadership and to enlist their willing co-operation.

(4) At all times the training and treatment of offenders shall be such as the encourage in them self-respect and a sense of personal responsibility.

5. (1) If an offender is in breach of the good order and discipline (including absconding) of Fort Mitchel, the Governor or the Visiting Committee, subject to Regulation 6 of these Regulations, may apply any one or more of the following measures, namely—

(a) a caution or reprimand,

(b) a stoppage of gratuity for a period not exceeding twenty-eight days,

(c) a restriction of visits, communications and any other privileges for a period not exceeding twenty-eight days,

(d) a forfeiture of remission of sentence up to a maximum of—

(i) in case the forfeiture is imposed by the Governor — — fourteen days,

(ii) in case the forfeiture is imposed by the Visiting Committee —— twenty-eight days.

(2) A measure imposed in accordance with this Regulation shall apply or continue to apply, as may be appropriate, to the person on whom it was imposed notwithstanding the fact that such person has been transferred from Fort Mitchel under section 5 of the Prisons Act, 1970 .

6. In case the Governor is absent, the officer in charge of Fort Mitchel may—

(a) apply any measure which may be applied by the Governor under Regulation 5 of these Regulations, and

(b) in so far as it may be necessary for the rule and management of Fort Mitchel or for the control of offenders, exercise or perform the other powers or the functions or duties which may be exercised or performed by the Governor.

7. Regulations 5, 6 and 8 of the Saint Patrick's Institution Regulations, 1960 ( S.I. No. 224 of 1960 ), together with the rules specified in Regulation 10 of those Regulations shall, in so far as they are conducive to promoting the rehabilitation of offenders and are not inconsistent with these Regulations, apply and have effect in relation to offenders and to Fort Mitchel in the same way as they apply and have effect in relation to persons sentenced to detention in St. Patrick's Institution and to that Institution.

GIVEN under my Official Seal, this 4th day of April, 1985.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations specify the classes of persons who may be detained in Fort Mitchel on Spike Island, Cork and provide for the rule and management of Fort Mitchel and the training and treatment of offenders detained there.