Criminal Justice Act, 1960

JurisdictionIreland


Number 27 of 1960.


CRIMINAL JUSTICE ACT, 1960.


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

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

3.

Temporary release of criminal lunatics.

4.

Conditions in relation to temporary release.

5.

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

6.

Persons unlawfully at large.

7.

Arrest of persons unlawfully at large.

8.

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

9.

Remand or committal for trial or sentence of certain young persons to remand institutions.

10.

Power of Minister to transfer a person detained under section 9.

11.

Lawful custody of persons detained under sections 9 and 10.

12.

Discontinuance of use of term “Borstal.”

13.

Sentencing of certain young persons to detention in Saint Patrick's Institution.

14.

Expenses.

15.

Short title.


Acts Referred to

Central Criminal Lunatic Asylum (Ireland) Act, 1845

1845, c. 107

Mental Treatment Act, 1945

1945, No. 19

Army Act, 1881

1881, c. 58

Defence Act, 1954

1954, No. 18

Criminal Justice Administration Act, 1914

1914, c. 58

Criminal Lunatics (Ireland) Act, 1838

1838, c. 27

Lunatic Asylums (Ireland) Act, 1875

1875, c. 67

Central Criminal Lunatic Asylum (Ireland) Act, 1845

1845, c. 107

Prevention of Crime Act, 1908

1908, c. 59


Number 27 of 1960.


CRIMINAL JUSTICE ACT, 1960.


AN ACT TO AMEND CRIMINAL LAW AND ADMINISTRATION. [26th July, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

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 Patricks” and situate at North Circular Road, Dublin.

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

2.—(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.

Temporary release of criminal lunatics.

3.—(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.

Conditions in relation to temporary release.

4.—(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.

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.

Persons unlawfully at large.

6.—(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...

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