S.I. No. 730/2003 - Prison Rules 2003

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997 (No. 4 of 1997), hereby order as follows:

1.         These Rules may be cited as the Prison Rules 2003.

2.         Where the Commissioner of the Garda Síochána, with the consent of the Minister directs a member of the Garda Síochána, or causes such a member to be directed, to enter a prison for the purposes of assisting the Governor thereof in maintaining good order and safe and secure custody in the prison, a member of the Garda Siochana who enters the prison as so directed or caused to be directed -

(a)      may, while in the prison, exercise such powers, and

(b)      shall, while in the prison, be entitled to such privileges,

as are conferred on prison officers by or under any enactment.

3.         Where the Minister for Defence, with the consent of the Minister, directs a member of the Defence Forces, or causes such a member to be directed, to enter a prison for the purposes of assisting the Governor thereof in maintaining good order and safe and secure custody in the prison, a member of the Defence Forces who enters the prison as so directed or caused to be directed -

(a)      may, while in the prison, exercise such powers, and

(b)      shall, while in the prison, be entitled to such privileges,

as are conferred on prison officers by or under any enactment.

4.         For the avoidance of doubt -

(a)      a member of the Garda Síochána to whom Rule 2 of these Rules applies shall, while in the prison concerned, remain under the direction and control of the Commissioner of the Garda Síochána, and

(b)      a member of the Defence Forces to whom Rule 3 of these Rules applies shall, while in the prison concerned, remain under the command and authority of the Minister for Defence.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules confer on members of the Defence Forces or the Garda Síochána the powers and privileges of prison officers where they assist the Governor of a prison in maintaning good order and safe and secure custody.