Prison (Disciplinary Code For Officers) Rules, 1996

• Jurisdiction: Ireland
• Citation: IR SI 289/1996
• Year: 1996

S.I. No. 289 of 1996.
PRISON (DISCIPLINARY CODE FOR OFFICERS) RULES, 1996.
I, Nora Owen, Minister for Justice, in exercise of the powers conferred on me by section 12 of the General Prisons (Ireland) Act, 1877, as adapted by the General Prisons Board (Transfer of Functions) Order, 1928 ( S.R. & O No. 79 of 1928 ), and with the approval of the Government, hereby make the following Rules:
	1 Preliminary	1. (1) These Rules may be cited as the Prison (Disciplinary Code for Officers) Rules, 1996.
(2) These Rules shall come into operation on the 1st day of October , 1996.
	2 ..	2. The Interpretation Acts, 1937 (No. 38 of 1937) and 1993 (no.35 of 1993) apply to these Rules.
	3 ..	3. Nothing contained in the Prison Rules for the Government of Prisons, 1947 (S.R. & O; No. 320 of 1947), which is inconsistent with these Rules shall be construed as affecting the operation of these Rules and Rule 102 of those Rules shall not apply in relation to any matter as respects which an appeal is provided for by these Rules.
	4 Interpretation	4. (1) In these Rules, save where the context otherwise requires –
"accused officer" means an officer who is alleged to have committed a breach of discipline;
"breach of discipline" means an act or omission specified in the First Schedule;
"the Governor" means the Governor, or other officer deputed to discharge the duties of Governor under these Rules, of the prison where the accused officer concerned was serving at the time the breach of discipline alleged occurred;
"the Minister" means the Minister for Justice;
"officer" means a member of the Prison Service up to and including the grade of Deputy Governor and analogous grades;
"oral hearing" means an oral hearing held by a Governor pursuant to Rule 7(9) of an allegation of a breach of discipline;
(2) A reference in these Rules to an act includes a reference to an omission and a reference in these Rules to the doing of an act includes a reference to the making of an omission.
(3) A reference in these Rules to a Rule or Schedule is to a Rule or Schedule of these Rules and a reference in these Rules to a paragraph or subparagraph is to a paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	5 Saver	5. Nothing in these Rules shall affect the right of a Governor or any officer whose duties include the supervision of another officer to deal informally (whether by advice, caution or admonition as the circumstances may require) with a breach of discipline of a minor nature.
	6 ..	6. A breach of discipline dealt with under Rule 5 shall not be recorded in the accused officer's record of service.
	7 Investigation and Disposal of Allegations of Breaches of Discipline	7. Preliminary Procedure
(1) Where it appears that an officer may have committed a breach of discipline and the Governor, having considered any statements and other relevant information, decides that there is a case to be answered, particulars of the breach shall be entered in a Complaint Form. A Complaint Form shall be in the form set out in the Second Schedule.
(2) An allegation against an officer of a breach of discipline shall be made to the Governor as soon as practicable, but not later than 7 working days, after the coming to the notice of a relevant superior officer of the information which gave rise to the allegation.
(3) A Complaint Form shall specify the paragraph number in the First Schedule of the breach of discipline alleged and there shall be attached to it a copy of a statement in writing of the evidence of each witness concerned in relation to the breach and the Form shall contain —
(a) such particulars as will enable the accused officer concerned to understand the nature of the allegation made against him or her, and
(b) a summary of the evidence on which the allegation is based.
No statement (other than a statement that constitutes or is part of the breach of discipline alleged), whether written or oral, made by the officer before the Complaint Form is given to him or her may be used in any subsequent proceedings in relation to the said breach without the officer's consent.
(4) Where more than one breach of discipline is alleged against the same officer, each one shall be entered in a separate Complaint Form.
(5) Each Complaint Form on which an alleged breach of discipline has been entered shall be given to the accused officer as soon as practicable.
(6) The accused officer shall state in the Complaint Form—
(a) whether he or she admits or denies the allegation,
(b) any comments he or she may wish to make on the allegation, and
(c) the names of any persons (from whom the Governor may request a written statement of evidence) whom he or she would wish to call as witnesses at any oral hearing of the allegation.
(7) A Complaint Form shall be submitted to the Governor immediately on completion of the relevant section of it by the accused officer and in any event not later than 48 hours after its receipt by the accused officer. The time limit referred to in this paragraph may be extended by the Governor if he or she is satisfied that the accused officer cannot, for good reason, comply with it or needs additional time to take advice.
(8) If a Complaint Form is not returned to the Governor within the time as specified in paragraph 7 or that time as extended under that paragraph, the Governor may deal with the allegation under Rule 9.
(9) Upon the submission of a Complaint Form to the Governor in accordance with paragraph (7) the Governor, having considered the matter, including any comments of the accused officer, if he or she is satisfied that the breach of discipline alleged is a serious one, shall arrange for the holding of an oral hearing of the allegation.
(10) Notwithstanding paragraph (9), if the accused officer concerned—
(a) admits the alleged breach of discipline, or
(b) denies the alleged breach of discipline and admits another such breach and the Governor substitutes in the Complaint Form the admitted breach for the alleged breach,
the Governor may dispense with an oral hearing of the allegation and deal with the admitted breach under Rule 9(2).
(11) Where the Governor dispenses with an oral hearing under paragraph (10), the accused officer concerned, or another officer acting on his or her behalf, if so requested by the accused officer, may make representations orally or in writing or both to the Governor.
	8 Oral Hearing	8. (1) An oral hearing shall be conducted by the Governor.
(2) The accused officer shall be present throughout an oral hearing and may put forward his or her answer to the allegation and call any relevant witness.
(3) The accused officer shall be allowed to have an officer of his or her choice to act on his or her behalf or assist him or her in the presentation of his or her case at an oral hearing.
(4) The accused officer or, on his or her behalf, the officer assisting him or her, if so requested by the accused officer, may present any relevant evidence, put questions to witnesses and address the Governor at an oral hearing.
(5) The officer making the allegation may be present throughout an oral hearing and may present any relevant evidence, put questions to witnesses and address the Governor at the hearing.
(6) At an oral hearing any question directed to a witness may be disallowed by the Governor.
(7) At an oral hearing the Governor may put questions to any person present.
(8) The Governor shall make or cause to be made a record of the proceedings at an oral hearing, including any rulings of the Governor in the course of the hearing.
	9 Conclusion of Investigation	9. (1) At an oral hearing the Governor —
(a) shall if he or she is satisfied that the commission by the accused officer of any breach of discipline alleged has not been proved or admitted, dismiss the allegation, or
(b) may, if he or she is satisfied that the commission by the accused officer of a breach of discipline alleged has been admitted or proved—
(i) in case the breach is of a minor nature, deal with it under Rule 5, and
(ii) in case the breach is not of a minor nature, deal with it under paragraph (2).
(2) Where the Governor decides to deal with a breach of discipline under this paragraph he or she may —
(a) award a reprimand, or
(b) award a reprimand and recommend to the Minister that the officer concerned be reduced in rank, where appropriate, or suffer a reduction in pay by way of deferment of one or more than one increment for one month, three months, six months or twelve months or such longer period as he or she may specify, or
(c) award a reprimand and recommend to the Minister that the officer be dismissed from the Prison Service and shall notify the officer accordingly
(3) The Governor shall notify the Minister of the award of a reprimand and of any recommendation under paragraph (2).
	10 ..	10. (1) On receipt of a notification from the Governor under Rule 9(3) the Minister, having considered the record of the oral hearing concerned or, if there has not been an oral hearing, the matters on which the Governor based his or her decision, shall —
(a) in case he or she is not satisfied of the guilt of the accused officer, reverse the finding of guilt and notify the Governor and the accused officer accordingly.
(b) in any other case, notify the accused officer that he or she intends to confirm the finding of guilt and confirm, vary or quash any penalty and confirm or quash any reprimand and notify the officer of his or her right to appeal under paragraph (2), and
(c) unless an appeal is brought under paragraph (2), cause any reprimand to be implemented and implement any penalty confirmed or varied under subparagraph (b) or, where appropriate, recommend to the Government the implementation of any such penalty.
(2) (a)...