Prisons act 2007

• Act Number: 10
• Enactment Date: 31 March 2007

Number 10 of 2007
PRISONS ACT 2007
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, commencement and collective citation.
2. Interpretation (general).
3. Expenses.
PART 2
Prisoner Escort Services
4. Interpretation (Part 2).
5. Agreement for the provision of prisoner escort services.
6. Certification of prisoner custody officers.
7. Revocation of certificate.
8. Functions of prisoner custody officer.
9. Prohibition of unauthorised disclosure of information.
10. Reports to Minister.
PART 3
Prison Discipline
11. Interpretation (Part 3).
12. Inquiry into alleged breach of prison discipline.
13. Sanctions for breach of prison discipline.
14. Petition by prisoner against sanction.
15. Appeal against forfeiture of remission of portion of sentence.
16. Appeal Tribunals.
PART 4
Requirements relating to Construction and Extensions of Prisons
17. Interpretation (Part 4).
18. Application of this Part.
19. Environmental impact assessment.
20. Notice of development.
21. Contents of notice.
22. Publication of information on development.
23. Appointment of rapporteur.
24. Procedure where substantive amendments by Minister to development.
25. Decision by Minister on development.
26. Oireachtas approval for development.
27. Questioning of acts, etc. , done pursuant to this Part.
28. Exemptions, etc. , relating to development.
29. Saving.
PART 5
Inspector of Prisons
30. Inspector of Prisons.
31. Functions of Inspector.
32. Annual report.
PART 6
Miscellaneous
33. Certain applications to court to be heard using videolink.
34. Application of section 33 to children in remand centres or children detention schools and other detained persons.
35. Prison rules.
36. Prohibition of unauthorised possession or use of mobile telecommunications device by prisoner.
37. Amendment of National Minimum Wage Act 2000.
38. Payment by prisoners for requested services.
39. Absence from prison on compassionate, etc., grounds.
40. Lawful custody of prisoners while absent from prison.
41. Minor and consequential amendments.
42. Repeals.
43. Regulations.
Acts Referred to
Building Control Act 1990 1990, No. 3 Children Act 2001 2001, No. 24 Criminal Justice (Miscellaneous Provisions) Act 1997 1997, No. 4 Criminal Justice (Public Order) Act 1994 1994, No. 2 Criminal Justice Act 1960 1960, No. 27 Criminal Justice Act 1990 1990, No. 16 Criminal Law (Insanity) Act 2006 2006, No. 11 Criminal Procedure Act 1967 1967, No. 12 General Prisons (Ireland) Act 1877 40 & 41 Vic., c. 49 National Minimum Wage Act 2000 2000, No. 5 National Monuments Act 1930 1930, No. 2 National Monuments Acts 1930 to 2004 Penal Servitude Act 1891 54 & 55 Vic., c. 69 Planning and Development Act 2000 2000, No. 30 Planning and Development Acts 2000 to 2006 Prisons Act 1933 1933, No. 51 Prisons Act 1970 1970, No. 11 Prisons Act 1972 1972, No. 7 Prisons Acts 1826 to 1980 Prisons (Ireland) Act 1907 7. Edw. 7., c. 19 Prisons (Visiting Committees) Act 1925 1925, No. 11 Statutory Instruments Act 1947 1947, No. 44
Number 10 of 2007
PRISONS ACT 2007
AN ACT TO ENABLE THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM TO ENTER INTO AGREEMENTS FOR THE PROVISION OF SERVICES RELATING TO THE ESCORT OF PRISONERS BY PERSONS OTHER THAN PRISON OFFICERS; TO PROVIDE FOR THE CONDUCT OF INQUIRIES BY GOVERNORS OF PRISONS INTO ALLEGED BREACHES OF DISCIPLINE BY PRISONERS, FOR THE SANCTIONS THAT MAY BE IMPOSED AFTER SUCH INQUIRIES AND FOR THE ESTABLISHMENT OF APPEAL TRIBUNALS TO HEAR APPEALS AGAINST FORFEITURES SO IMPOSED OF REMISSION OF PORTION OF SENTENCES; TO ENABLE SPECIAL REQUIREMENTS TO BE PROVIDED FOR IN RELATION TO THE CONSTRUCTION OR EXTENSION OF PRISONS AND OTHER PLACES OF DETENTION, INCLUDING APPROVAL THEREOF BY A RESOLUTION OF EACH HOUSE OF THE OIREACHTAS AND CONFIRMATION BY ACT OF THE OIREACHTAS OF THE RESOLUTION; TO PROVIDE FOR THE APPOINTMENT OF AN INSPECTOR OF PRISONS; TO PROVIDE FOR THE GIVING OF EVIDENCE BY PRISONERS IN CERTAIN TYPES OF PROCEEDINGS BEFORE THE COURTS BY LIVE TELEVISION LINK; TO AMEND AND REPEAL CERTAIN ENACTMENTS IN RELATION TO PRISONS AND PRISONERS AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[31st March, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	Short title, commencement and collective citation.	1.— (1) This Act may be cited as the Prisons Act 2007.
	(2) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or provisions.
	(3) This Act and the Prisons Acts 1826 to 1980 may be cited together as the Prisons Acts 1826 to 2007.
	Interpretation (general).	2.— In this Act—
	“ governor ” means the governor of a prison or an officer of the prison acting on his or her behalf;
	“ Minister ” means the Minister for Justice, Equality and Law Reform;
	“ prison ” means a place of custody administered by or on behalf of the Minister (other than a Garda Síochána station) and includes—
	(a) St. Patrick’s Institution,
	(b) a place provided under section 2 of the Prisons Act 1970 ,
	(c) a place specified under section 3 of the Prisons Act 1972 ;
	“ prisoner ” means a person who is ordered by a court to be detained in a prison and includes a prisoner who is in lawful custody outside a prison;
	“ prison rules ” means any rules for the government of prisons made under section 35 or other enactment and in force at a material time.
	Expenses.	3.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
PART 2 Prisoner Escort Services
	Interpretation (Part 2).	4.— In this Part—
	“ agreement ” means an agreement mentioned in section 5 ;
	“ certificate ” means a certificate issued by the Minister under section 6 ;
	“ contractor ” has the meaning assigned to it by section 5 ;
	“ employment ” includes employment under a contract for services, and cognate words shall be construed accordingly;
	“ prisoner custody officer ” means a person—
	(a) in respect of whom a certificate under section 6 is in force, and
	(b) who is, for the time being, in the employment of a contractor;
	“ prisoner escort services ” has the meaning assigned to it by section 5 .
	Agreement for the provision of prisoner escort services.	5.— (1) The Minister may, with the consent of the Minister for Finance and the approval of the Government, enter into an agreement with another person (in this Act referred to as a “contractor”) for the provision by that person of prisoner escort services.
	(2) An agreement to which subsection (1) applies shall be subject to such terms and conditions as the Minister, with the consent of the Minister for Finance, shall determine.
	(3) The Minister may terminate an agreement under subsection (1) if the contractor fails to comply with any of the terms or conditions of the agreement concerned or contravenes a provision of this Act.
	(4) In this section “prisoner escort services” means services that before the passing of this Act were normally provided by members of the Garda Síochána or prison officers in relation to—
	(a) the transfer of prisoners from any place (including a prison) to a prison or from a prison to any place (including a prison),
	(b) the detention in custody of prisoners in a prison in the course of their transfer from one prison to another prison,
	(c) the detention in custody of prisoners in a place other than a prison, or
	(d) the production of a prisoner to a court.
	Certification of prisoner custody officers.	6.— (1) An application may be made to the Minister by or on behalf of any person for a certificate that the person is, in the opinion of the Minister, a fit and proper person to perform the functions of a prisoner custody officer.
	(2) An application under this section shall be in such form and accompanied by such fee as may be determined by the Minister and shall also be accompanied by such information or documentation as the Minister may reasonably require to enable him or her to perform his or her functions under this section.
	(3) The Minister may, for the purposes of performing his or her functions under this section, make such further inquiries as he or she considers appropriate.
	(4) It shall be the duty of an applicant for a certificate, at all times, to provide the Minister with such information as he or she may reasonably require to enable him or her to perform his or her functions under this section.
	(5) Subject to subsection (7), the Minister may, on an application under this section, issue a certificate in respect of the person to whom the application relates.
	(6) The Minister shall not issue a certificate unless he or she is satisfied that the person—
	(a) is of good character,
	(b) is capable of performing the functions of prisoner custody officer,
	(c) has undergone such course of training relating to, or has such experience of, custody of prisoners as would, in the opinion of the Minister, enable the person to perform the functions of a prisoner custody officer in an efficient manner, and
	(d) is otherwise a fit and proper person to perform the functions of a prisoner custody officer.
	(7) It shall be a condition of a certificate that the person in respect of whom it is issued shall, in the performance of his or her functions as a prisoner custody...