Criminal Justice Act, 1960

JurisdictionIreland
CitationIR No. 27/1960


CRIMINAL JUSTICE ACT, 1960

1960 Number 27

AN ACT TO AMEND CRIMINAL LAW AND ADMINISTRATION.

[26th July 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

S-1 Definitions

1 Definitions

1.—In this Act—

"remand institution" means an institution (other than a prison) whose use for the purposes of this Act has been approved of by the Minister;

"the Central Mental Hospital" means the Central Criminal Lunatic Asylum established in pursuance of the Central Criminal Lunatic Asylum (Ireland) Act, 1845;

"district mental hospital" has the meaning assigned to it by the Mental Treatment Act, 1945 ;

"the Minister" means the Minister for Justice;

"Saint Patrick's Institution" means the institution called and known as "Saint Patrick's" and situate at North Circular Road, Dublin.

S-2 Temporary release of persons from prisons and from Saint Patrick's Institution

2 Temporary release of persons from prisons and from Saint Patrick's Institution

(1) The Minister may make rules providing for the temporary release, subject to such conditions (if any) as may be imposed in each particular case, of persons serving a sentence of penal servitude or imprisonment, or of detention in Saint Patrick's Institution.

(2) Rules made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the rules is passed by either such House within the next twenty-one days on which that House has sat after the rules are laid before it, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

S-3 Temporary release of criminal lunatics

3 Temporary release of criminal lunatics

(1) In this section—

"criminal lunatic" means a person who is detained in a district mental hospital or in the Central Mental Hospital by warrant, order or direction of the Government or the Minister or under the provisions of section 91 of the Army Act, 1881, or of the Defence Act, 1954 , and, if he is undergoing a sentence of penal servitude or imprisonment, or of detention in Saint Patrick's Institution, whose sentence has not expired;

"person in charge" means—

(a) in relation to a criminal lunatic detained in a district mental hospital, the resident medical superintendent thereof, and

(b) in relation to a criminal lunatic detained in the Central Mental Hospital, the Resident Physician and Governor thereof.

(2) A criminal lunatic who, in the opinion of the person in charge, is not dangerous to himself or to others may, with the consent of the Minister, be released temporarily by the person in charge subject to such conditions (if any) as he may, with the consent of the Minister, impose.

(3) (a) The consent of the Minister to the release of a criminal lunatic under this section may be given in relation to a particular release or in relation to the release from time to time during a specified period of that criminal lunatic.

(b) The consent of the Minister to the imposition of conditions in relation to the release of a criminal lunatic under this section may relate to the imposition of conditions in relation to a particular release of that criminal lunatic or to the imposition of conditions in relation to the release from time to time during a specified period of that criminal lunatic.

S-4 Conditions in relation to temporary release

4 Conditions in relation to temporary release

(1) Where the release of a person under section 2 or section 3 of this Act is made subject to conditions, the conditions shall be communicated to the person at the time of his release by notice in writing.

(2) A person temporarily released under section 2 or section 3 of this Act shall comply with any conditions to which his release is made subject.

S-5 Power to suspend currency of sentence in respect of period of temporary release

5 Power to suspend currency of sentence in respect of period of temporary release

5.—The currency of the sentence, if any, of a person temporarily released under section 2 or section 3 of this Act may, at the time of release or at any time during or after the period of release, be suspended by the Minister, if he so thinks fit, in respect of the whole or part of the period.

S-6 Persons unlawfully at large

6 Persons unlawfully at large

(1) A person who, by reason of having been temporarily released under section 2 or section 3 of this Act, is at large shall be deemed to be unlawfully at large if—

(a) the period for which he was temporarily released has expired, or

(b) a condition to which his release was made subject has been broken.

(2) A person who is unlawfully at large shall be guilty of an offence under this section and on summary conviction thereof shall be liable to imprisonment for a term not exceeding six months.

(3) Where, by reason of the breach of a condition to which his release under section 2 or section 3 of this Act was made subject, a person is deemed to be unlawfully at large and is arrested under section 7 of this Act, the period for which he was temporarily released shall thereupon be deemed to have expired.

(4) The currency of the sentence of a person who is unlawfully at large for any period shall be suspended in respect of the whole of that period.

S-7 Arrest of persons unlawfully at large

7 Arrest of persons unlawfully at large

7.—A member of the Garda Síochána may arrest without warrant a person whom he suspects to be unlawfully at large and may take such person to the place in which he is required in accordance with law to be detained.

S-8 Extension of powers in relation to the places of confinement of criminal lunatics

8 Extension of powers in relation to the places of confinement of criminal lunatics

(1) A warrant under section 2 or section 3 of the Criminal Lunatics (Ireland) Act, 1838, or section 13 of the Lunatic Asylums (Ireland) Act, 1875, in relation to any person may, at the discretion of the Minister, order the removal of the person to the Central Mental Hospital or to any district mental hospital and, where the warrant so orders, references in the section under which the warrant is issued to an asylum shall be construed as references to the Central Mental Hospital or district mental...

To continue reading

Request your trial