Prison (Amendment) (No. 2) Rules 2014

• Jurisdiction: Ireland
• Year: 2014
• Citation: IR SI 385/2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th August, 2014.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 35 of the Prisons Act 2007 (No. 10 of 2007) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), hereby make the following rules:

1. (1) These Rules may be cited as the Prison (Amendment) (No.2) Rules 2014.

(2) The Principal Rules and these Rules may be cited together as the Prison Rules 2007 to 2014.

(3) These Rules shall come into operation on 15 August 2014.

2. In these Rules “Principal Rules” means the Prison Rules 2007 ( S.I. No. 252 of 2007 ) (as amended by the Prison Rules (Amendment) 2013 ( S.I. No. 11 of 2013 ) and the Prison (Amendment) Rules 2014 ( S.I. No. 227 of 2014 )).

3. Rule 27 of the Principal Rules is amended by substituting the following for paragraph (2):

“(2) Subject to Rule 72 (Authorised structured activity), each prisoner may, while in prison, engage or participate in such structured activity as may be authorised by the Governor (in these Rules referred to as ‘authorised structured activity’) including work, vocational training, education, or programmes intended to increase the likelihood that a prisoner, when released from prison, will be less likely to re-offend or better able to re-integrate into the community.”

4. Rule 59 of the Principal Rules is amended by substituting the following for paragraph (2):

“(2)(a) A prisoner who has engaged in authorised structured activity may apply to the Minister for enhanced remission.

(b) An application shall be made in such form and manner and shall be accompanied by such other information and documentation as may be specified by the Minister.

(c) An application under subparagraph (a) shall not be made earlier than 6 months prior to the date on which the prisoner would be released if enhanced remission of one third of the prisoners sentence were to be granted to him or her.

(d) Where the Minister receives an application under subparagraph (a), the Minister shall, as soon as practicable thereafter—

(i) if he or she is satisfied that the prisoner, having regard to the matters referred to in subparagraph (f) is less likely to re-offend and better able to re-integrate into the community, notify the prisoner of his or her decision to grant enhanced remission to the...