Criminal Justice (Miscellaneous Provisions) Act, 1997
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Power to make Prison Rules. |
19.—(1) The Minister for Justice may make rules for the regulation and good government of prisons. | |
(2) For the purposes of this section “prison” means a place of custody administered by the Minister for Justice. | ||
(3) Without prejudice to the generality of the foregoing, rules under this section may provide for— | ||
(a) the duties and conduct of the governor and officers of a prison, | ||
(b) the classification of persons detained in a prison, | ||
(c) the treatment of persons detained in a prison, including the diet, clothing, maintenance, employment, instruction, discipline and correction of such persons, | ||
(d) the provision of facilities and services to persons detained in prison, including educational facilities, medical services, and services relating to the general moral and physical welfare of such persons, | ||
(e) the imposition of penalties by the governor of a prison or an officer of that prison acting on his or her behalf for such breaches of prison discipline as may be specified in such rules by persons detained in a prison, | ||
(f) remission for good conduct of a portion of a convicted person's sentence, | ||
(g) the photographing and measuring of persons detained in a prison and the taking of fingerprints and palmprints from such persons during their detention in a prison. | ||
(4) The governor of a prison or an officer of that prison acting on his or her behalf may furnish the Garda Síochána with copies of photographs, measurements, fingerprints or palmprints obtained in accordance with rules made under this section. | ||
(5) Section 3 of the Prisons (Visiting Committees) Act, 1925 , is hereby amended by the substitution of the following subsection for subsection (3): | ||
“(3) An appeal from a decision of the governor of a prison or an officer of that prison acting on his or her behalf to impose a penalty on a person, in accordance with rules made under section 19 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, may be heard by a visiting committee subject to and in accordance with rules made under this Act.”. | ||
(6) Subsection (3) of section 13 of the Criminal Justice Act, 1960 , is hereby amended by— | ||
(a) the substitution of the following paragraph for paragraph (a): | ||
“(a) the Prisons Acts, 1826 to 1956 (other than section 12 of the General Prisons (Ireland) Act, 1877 , the Prisons (Ireland) Act, 1907 , and section 8 of the Penal Servitude (Ireland) Act, 1891) and the rules made thereunder, whether made before or after the commencement of this Act,”, | ||
and | ||
(b) the insertion of the following paragraph: | ||
“(aa) rules made under section 19 of the Criminal Justice (Miscellaneous Provisions) Act, 1997, and”. | ||
(7) Rules made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made, and if a resolution annulling the rules is passed by either such House within the next 21 days on which that House has sat after the rules are laid before it, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. | ||
(8) Rules made under section 12 of the General Prisons (Ireland) Act, 1877 , and the Prisons (Ireland) Act, 1907 , and regulations made under section 8 of the Penal Servitude (Ireland) Act, 1891, that were in force immediately before the commencement of this Act, shall continue in force as if made under this section and may be amended or revoked accordingly. |