Defence Act, 1954. Rules For Military Prisons and Detention Barracks, 1954.

Date23 December 1954
Statutory Instrument No.291/1954

S.I. No. 291 of 1954.

DEFENCE ACT, 1954. RULES FOR MILITARY PRISONS AND DETENTION BARRACKS, 1954.

ARRANGEMENT OF RULES.

PART I.—PRELIMINARY AND GENERAL.

1. Title and commencement.

2. Interpretation.

3. Application of Rules.

4. Detained men to be treated humanely.

5. Revocation.

PART II.—INSPECTORS, VISITORS, GOVERNORS AND OTHER OFFICERS.

SECTION I.—INSPECTORS.

6. Appointment of Inspectors.

7. Duties of Inspectors.

8. Taking of statements.

9. Powers of Inspectors.

SECTION II.—VISITORS.

10. Appointment of Visitors.

11. Duties of Visitors.

12. Record of visit and report.

13. Visits not to be notified in advance.

14. Lists to be available for Visitor.

SECTION III.—GOVERNORS.

15. Appointment of Governors.

16. Responsibility to receive and confine.

17. Responsibility for government, management, regulation, etc.

18. Miscellaneous duties of Governor.

19. Absence of Governor.

SECTION IV.—MEDICAL OFFICERS AND OTHER OFFICERS.

20. Appointment of Medical Officers.

21. Appointment of other officers.

PART III.—GOVERNMENT, MANAGEMENT AND REGULATION.

SECTION I.—MEDICAL PROVISIONS.

22. Duties and powers of Medical Officers.

23. Assistance to Medical Officers.

24. Daily list of men ill, etc.

25. Personal cleanliness—detained men.

26. Medical directions—Governor's responsibility.

27. Weighing of detained men on release, etc.

SECTION II.—ROOMS AND CELLS.

28. Certification of rooms and cells.

29. Re-certification after alteration.

30. Numbering or marking of rooms and cells.

31. Disposal of certificates.

32. Allocation of rooms and cells.

33. Lighting, heating, etc. of occupied rooms and cells.

SECTION III.—FOOD AND BEDDING.

34. Rations.

35. Complaints regarding food.

36. Bedding and bed clothes.

SECTION IV.—SPIRITUAL WELFARE.

37. Chaplains and officiating clergymen.

38. Bibles and other religious books.

39. Lists and requests of men ill, etc., to be delivered to Chaplain.

40. Church Parades and Divine Service.

SECTION V.—ROUTINE, TRAINING AND RECREATION.

41. Daily Routine.

42. Training.

43. Recreation.

44. Library.

SECTION VI.—SECURITY.

45. Authorised persons only to be admitted.

46. Liquor, drugs and tobacco—restrictions as to.

47. Letters, documents and other articles—restrictions as to.

48. Examination of articles before admission.

49. Prevention of secretion of aids to escape, etc.

50. Unauthorized articles to be delivered to Governor.

51. Locks, bolts and keys.

52. Prevention of escape and rescue.

53. Precautions as to ladders, etc.

SECTION VII.—STAFF.

54. Provision of staff.

55. Duties of members of staff.

56. Prohibitions—members of staff.

57. Gate-Keeper.

SECTION VIII.—STANDING ORDERS.

58. Making of Standing Orders.

59. Matters to be covered in Standing Orders.

60. Standing Orders—making known.

SECTION IX.—CONTROL OF VIOLENCE.

61. Control of violence.

62. Permitted means of mechanical restraint.

63. Handcuffs.

64. Restraint Jacket and Belt.

65. Withdrawal of razor, etc.

PART IV.—ADMISSION, LABOUR AND EMPLOYMENT, REMISSION OF SENTENCE, RELEASE, ETC.

SECTION I.—ADMISSION.

66. Admission of detained men.

67. Searching of detained men.

68. Disposal of moneys and personal property of detained men.

69. Bathing, weighing, etc. on admission.

70. Notifying detained men of Rules and orders.

71. Delivery of service documents of detained men.

72. Particulars of every detained man to be registered.

SECTION II.—LABOUR AND EMPLOYMENT.

73. Cleaning rooms, cells, etc.

74. Nature of labour.

75. Daily period of labour.

76. Labour outside prison or barrack.

77. Labour to depend on capabilities of prisoner or man.

78. Sundays, Army Holidays, etc.

79. Prohibition of work for private benefit.

SECTION III.—REMISSION OF SENTENCE.

80. Eligibility for remission.

81. Prisoner or man sentenced whilst undergoing imprisonment or detention.

82. Notional date of release to be recorded.

83. Review of industry and conduct.

84. Assessment of industry and conduct during illness.

SECTION IV.—RELEASE, TRANSFER AND DELIVERY INTO SERVICE CUSTODY.

85. Prisoner or man not to be kept beyond currency of sentence.

86. Release pursuant to subsection 229 (6) of Act.

87. Release due on Sunday or Holiday—special provisions.

88. Hour of release.

89. Action regarding impending release.

90. Return of service documents to commanding officer.

91. Person held for safe custody—release on order of commanding officer.

92. Transfer and delivery into service custody.

SECTION V.—TEMPORARY RELEASE.

93. Authority for, period and circumstances of temporary release.

94. Form of release order ; notification to commanding officer.

95. Issue of leave-pass.

PART V.—CLASSIFICATION AND AMENITIES.

SECTION I.—CLASSIFICATION.

96. Classification of military prisoners and men undergoing detention.

97. Classes not to associate.

98. Segregation of persons kept for safe custody.

SECTION II.—AMENITIES.

99. Amenities.

100. Letters—despatch of.

101. Power to read and withhold letters.

102. Communication of important matters where detained man not permitted correspondence.

103. Visits—time, period and conditions.

104. Refusal and termination of visits.

PART VI.—MAINTENANCE OF DISCIPLINE—OFFENCES AND PUNISHMENT.

105. Offences against Rules.

106. Trial and punishment.

107. Commencement of punishment awarded.

108. Record of offences and punishments.

109. Offences to be reported to Officer Commanding the Command.

110. Conditions of close confinement.

PART VII.—JOURNALS, REGISTERS, BOOKS AND RECORDS.

111. Journals, Registers, etc. to be kept.

112. Manner of recording.

113. Amendment of records.

114. Custody of records.

Appendices I and II.

I, SEAN MacEOIN, Minister for Defence, in exercise of the powers conferred on me by section 233 of the Defence Act, 1954 (No. 18 of 1954), and of every and any other power me in this behalf enabling, do hereby make the following Rules :—

PART I. —PRELIMINARY AND GENERAL.

1 Title and commencement.

1.—(1) These Rules may be cited as the Rules for Military Prisons and Detention Barracks, 1954.

(2) These Rules shall come into operation on the 1st day of January, 1955.

2 Interpretation.

2.—(1) In these Rules :—

" the Act " means the Defence Act, 1954 (No. 18 of 1954) ;

" detained man " means—

(a) in relation to a military prison, a military prisoner undergoing imprisonment therein, and

(b) in relation to a detention barrack,

(i) a military prisoner or man undergoing imprisonment or detention therein, or

(ii) a person kept therein for safe custody ;

" detention barrack " means any building or part of a building which has been declared by the Minister pursuant to section 232 of the act to be a detention barrack or which by virtue of section 301 of the act is deemed to have been so declared ;

" Governor " means a person appointed pursuant to Rule 15 to be the Governor of a military prison or a detention barrack and, when used in relation to a detained man, means the Governor of the military prison or detention barrack in which that man is detained ;

" Medical Officer " means, in relation to a military prison or detention barrack, the officer appointed pursuant to Rule 20 to be the Medical Officer of that military prison or detention barrack ;

" member of the staff " means a person provided by an Officer Commanding a Command pursuant to Rule 54 and includes, unless the contrary otherwise appears from the context, a Governor, Medical or other officer appointed pursuant to Rules 15, 20 and 21 respectively ;

" military prison " means any building or part of a building which has been declared by the Minister pursuant to section 232 of the act to be a military prison ;

" Officer Commanding the Command ", when used in relation to a military prison or a detention barrack, means the Officer Commanding the Command in which that military prison or detention barrack is located, unless otherwise stated ;

" the Rules of Procedure " means the Rules of Procedure (Defence Forces), 1954 ( S.I. No. 243 of 1954 ).

(2) In these Rules, reference by number to a Rule is to that Rule of these Rules bearing that number unless it is indicated that a reference to the Rules of Procedure is intended.

3 Application of Rules.

3.—(1) These Rules shall apply to every military prison or detention barrack.

(2) Every detained man shall observe the provisions of these Rules and of any orders made under these Rules and shall comply with all lawful orders and directions given to him by the Governor or any member of the staff.

4 Detained men to be treated humanely.

4. Every member of the staff shall treat every detained man humanely and with all due consideration.

5 Revocation

5.—(1) The Rules for military detention barracks and Regulations governing soldiers undergoing detention in military custody or in barrack detention rooms made by the Minister for Defence on the 29th day of February, 1932, and all amendments thereto, are hereby revoked.

(2) Any sentence, proceeding or thing, undergone, held, done or commenced under the Rules revoked by paragraph (1) of this Rule shall be as valid and may be completed and carried into effect as if such sentence, proceeding or thing had been undergone, held, done or commenced under these Rules.

PART II. —INSPECTORS, VISITORS, GOVERNORS AND OTHER OFFICERS.

SECTION I.—INSPECTORS.

6 Appointment of Inspectors.

6.—(1) The Chief of Staff may, from time to time as may be necessary, appoint an officer of a rank not lower than that of Lieutenant-Colonel to be an Inspector of Military Prisons and Detention Barracks. Such Inspector may at any time be removed from his appointment by the Chief of Staff.

(2) More...

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