Prison Rules, 2007

• Statutory Instrument No.: 252/2007
• Date: 29 May 2007

STATUTORY INSTRUMENTS
S.I. No. 252 of 2007
Prison Rules, 2007
Prison Rules, 2007
ARRANGEMENT OF RULES
PART 1
preliminary and general
1. Citation and commencement 2. Interpretation
PART 2
reception and registration
3. Lawful detention 4. Recording of prisoner's details 5. Informing family member or friend 6. Searching 7. Articles found in search and offences 8. Prisoner's property 9. Prohibited articles 10. Measurements, photographs, fingerprints and palm prints 11. Medical examination 12. Hot bath or shower 13. Explanation of prisoner's entitlements, obligations and privileges 14. Meeting with Governor 15. Release date 16. Foreign nationals 17. Child of female prisoner
PART 3
treatment of prisoners
Basic Provisions
18. Certification of cells or rooms 19. Insufficient accommodation 20. Prison hygiene 21. Clothing 22. Bedding 23. Food and drink 24. Sanitary and washing facilities 25. Personal cleanliness 26. Tobacco, intoxicating liquor and drugs
Association and Activity
27. Out-of-cell time and authorised structured activity 28. Work 29. Gratuity 30. Employment of prisoners 31. Restrictions on the involvement of prisoners in certain activities 32. Exercise
Support Services
33. Entitlement to Health Services 34. Religious, spiritual and moral life
Contact with Outside Community
35. Ordinary visit 36. Regulation of visits 37. Visit for prisoner committed in default of payment of money or in prison in default of bail 38. Visit by legal adviser or relating to court appearance 39. Visit to foreign national 40. Visit by Probation and Welfare Officer relating to reports for court or other relevant purpose 41. Visit by member of the Garda Síochána 42. Video links 43. Letters 44. Letter to authorities 45. Examination of letters 46. Telephone calls 47. Contact in case of emergency or death of prisoner 48. Current affairs, sport and other developments 49. Provision of services by persons outside prison
Privacy
50. Transport of prisoners to and from prison 51. Breach of confidence 52. Separation of male and female prisoners
Searches and Prohibitions
53. Search of prisoner's property 54. Conveying articles into or out of prison
Grievance Procedures
55. Governor's meeting with prisoners 56. Prisoner's request to meet with visiting committee 57. Prisoner's meeting with officer of Minister
Long Term Prisoners
58. Prisoners serving long sentences
Remission, Transfer and Release
59. Remission 60. Record of transfer or release 61. Basic provision on release
PART 4
control, discipline and sanctions
Control
62. Removal of prisoner from structured activity or association on grounds of order 63. Protection of vulnerable prisoners 64. Use of special observation cell 65. Use of restraints
Discipline
66. Breach of prison discipline 67. Inquiry into breach of prison discipline 68. Notification of Appeal Tribunal Decision
PART 5
young prisoners
69. Separation of young prisoners 70. Release
PART 6
prisoners not serving sentence
71. Separate accommodation 72. Authorised structured activity 73. Private healthcare - request by unconvicted prisoner 74. Payment by unconvicted prisoner for private healthcare
PART 7
governors
75. Duties of Governor 76. Delegation by Governor of functions 77. Inspection of prison 78. Local orders 79. Viewing of prison 80. Special monitoring of prisoner 81. Burial or cremation of deceased prisoner 82. Power to search person and remove person from prison 83. Reporting to Minister 84. Annual report to Minister
PART 8
prison officers
85. Duties of prison officer 86. Observation and direction of prisoners 87. Examination of and report on buildings, structures and equipment 88. Communication with Governor or officer of higher rank 89. Communication with Minister 90. Request of prisoner to see Governor or officer of higher rank 91. Reporting breach of prison discipline 92. Imposition of punishment or penalty 93. Use of force 94. Sick leave and annual leave 95. Suspended officer 96. Notification of proceedings for a criminal offence or bankruptcy 97. Contact by prison officers with former prisoners or connected persons
PART 9
98. Official Accommodation
PART 10
healthcare
99. Provision of healthcare services 100. Performance of functions by healthcare professionals 101. Duties of prison doctor 102. Information about prisoner requiring medical attention 103. Recommendations of prison doctor 104. Information to Governor on detrimental aspects of prison environment 105. Information to Governor on state of health of prisoner 106. Outside medical assistance 107. Records and annual report
PART 11
probation service
108. Probation Service 109. Performance of functions by Probation and Welfare Officers
PART 12
education
110. Education and library services
PART 13
vocational training
111. Provision of vocational training
PART 14
psychology service
112. Provision of psychology service 113. Performance of functions by psychologist
PART 15
chaplains
114. Duties of chaplain 115. Provision of chaplaincy services 116. Information to chaplain 117. Time and place of chaplain visits 118. Information to Governor 119. Annual report
PART 16
revocations, savers and transitional provisions
120. Revocations 121. Savers 122. Transitional provisions
SCHEDULE 1
breaches of prison discipline
SCHEDULE 2
revocations
I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 35 of the Prisons Act, 2007 (No. 10) hereby make the following rules:
PART 1 preliminary and general
	Citation and commencement	1. (1) These Rules may be cited as the Prison Rules, 2007.
(2) These Rules shall come into operation on 1st October 2007.
	Interpretation	2. (1) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Rules.
(2) In these Rules, unless the context otherwise requires -
“Act of 1960” means the Criminal Justice Act 1960 (No.27 of 1960);
“Act of 1970” means the Prisons Act 1970 (No.11 of 1970);
“Act of 1972” means the Prisons Act 1972 (No.7 of 1972);
“Appeal Tribunal” means a body established under Part 3 of the Prisons Act 2007
“approved work” means work of such a class or type as may be approved by the Minister;
“approved person” means a person approved by the Minister;
“asylum applicant” means a person referred to in section 8(1) (a) of the Refugee Act, 1996 (No. 17 of 1996);
“authorised structured activity” has the meaning assigned to it by paragraph (2) of Rule 27 (Out-of-cell time and authorised structured activity);
“breach of prison discipline” shall be construed in accordance with Rule 66 (Breach of prison discipline);
“chaplain” means a chaplain of a prison or other person for the time being authorised to perform all or any of the functions of chaplain of the prison concerned;
“consul” means, in relation to a person who is not an Irish citizen -
(a) the diplomatic or consular representative of the state of which that person is a citizen either in the State or accredited to the State on a non-residential basis, or
(b) a diplomatic or consular representative of a state (being a state of which that person is not a citizen) that may formally or informally offer consular assistance to -
(i) a citizen of a state that has no resident representative in the State, or
(ii) a person who is not a citizen of any state;
“controlled drug” has the same meaning as in section 2 of the Misuse of Drugs Act, 1977 (No. 12 of 1977);
“convicted prisoner” means a prisoner who is being detained in prison by virtue of having been convicted of an offence, whether or not a sentence of imprisonment or detention has yet been imposed in relation to the conviction;
“Department” means the Department of State for which the Minister has charge;
“Director General” is the person appointed by the Minister to the post of Director General of the Irish Prison Service or such a person as may be designated by the Director General to perform the functions of the Director General in his temporary absence;
“Director of Prison Healthcare Services” shall be construed in accordance with paragraph (2) of Rule 99 (Provision of healthcare services);
“Director of the Probation Service” is the person appointed by the Minister to the post of Director of the Probation Service;
“doctor” means a registered medical practitioner;
“foreign national” means a person who is not a citizen of the State;
“Governor” means the Governor of a prison or other officer for the time being authorised to perform all or any of the functions of Governor of the prison concerned;
“Health Service Executive” means that body established under section 6 of the Health Act, 2004 (No. 218 of 2004);
“healthcare professional” means -
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