Prisons Act 2015

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Power of Minister to close Saint Patrick’s Institution

6. (1) The Minister may by order (in this Part referred to as the “closing order”) direct that Saint Patrick’s Institution shall be closed on and from a specified date.

(2) When the Minister makes the closing order, he or she may also, if he or she so thinks fit, by the same order direct—

(a) that any person who, immediately before such closing, was to be committed to Saint Patrick’s Institution—

(i) to be remanded in custody, or

(ii) to serve a sentence of detention,

by virtue of an order made or warrant issued by a court that was in force upon such closing but which had not been executed before such closing, shall be committed to such prison as is specified in the closing order for that purpose;

(b) that any person who, immediately before such closing, was on temporary release from Saint Patrick’s Institution, shall be on temporary release from such prison as is specified in the closing order for that purpose.

(3) If the closing order contains a direction under paragraph (a) of subsection (2), a reference in an order made or warrant issued by a court referred to in that paragraph to Saint Patrick’s Institution shall, on and after such closing, be construed as a reference to the prison specified in the closing order under that paragraph, and the order made or warrant issued by the court shall have effect accordingly.

(4) Where, on or after the coming into operation of the closing order, a person referred to in paragraph (a) of subsection (2) is committed, pursuant to the order made or warrant issued by a court concerned, to the prison specified in the closing order under that paragraph, such person shall be deemed to be in lawful custody.

(5) If the closing order contains a direction under paragraph (b) of subsection (2), a person referred to in that paragraph shall, on and after the coming into operation of the closing order, be regarded as being on temporary release from the prison specified in the closing order under that paragraph, and the direction concerned given by the Minister under section 2 of the Criminal Justice Act 1960 in respect of the person shall have effect accordingly.

(6) Where, on or after the coming into operation of the closing order, a person referred to in paragraph (b) of subsection (2) is, following the expiry of the period of temporary release concerned, detained in the prison specified in the closing order under that paragraph, such person shall be deemed to be in lawful custody.

(7) When the Minister makes the closing order, Saint Patrick’s Institution thereby directed to be closed shall be closed in accordance with that closing order.

(8) The Minister shall cause a copy of the closing order to be laid before each House of the Oireachtas as soon as may be after it is made.