Prison Rules (Amendment) 2013

• Jurisdiction: Ireland
• Citation: IR SI 11/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 35 of the Prisons Act, 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-

Citation, interpretation, construction and commencement

1. (1) These Rules may be cited as the Prison Rules (Amendment) 2013.

(2)"the Prison Rules 2007" mean the Prison Rules 2007 ( S.I. No. 252 of 2007 ).

(3) The Prison Rules 2007 and these Rules shall be construed together as one.

(4) The Prison Rules 2007 and these Rules may be cited together as the Prison Rules 2007 to 2013.

(5) These Rules shall come into operation on 14 January 2013.

2. The Prison Rules 2007 are amended by the insertion of the following rules after Rule 57 (Prisoners meeting with officer of Minister):

"Complaints of a criminal offence

57A.(1) Any allegation by a prisoner to a prison officer or a member of the Irish Prison Service that an act has been committed that may constitute a criminal offence shall be notified, by such officer or member, to the Governor and to the Garda Síochána and the Governor shall arrange for a record to be kept of—

(a) the identity of the complainant and the time and date the complaint was made,

(b) the details of the complaint,

(c) the time and date the complaint was notified to the Governor, and

(d) the time and date of the notification to the Garda Síochána and the name of the member notified.

(2) The Governor shall, on being notified of such a complaint—

(a) arrange for any relevant evidence, including CCTV recordings, to be preserved as long as they may be required for any investigation by the Garda Síochána, or any criminal proceedings,

(b) arrange for the prisoner in question to be examined and any injuries or marks recorded and photographed if any physical force is alleged, and

(c) arrange for the names of all prisoners, staff and others who may be potential witnesses to be recorded.

Preparation of internal reports on complaints

57B.(1)(a) This Rule shall apply to any complaint made after the Rule comes into operation by any person alleging—

(i) assault or use of excessive force against a prisoner, or

(ii) ill treatment, racial abuse, discrimination, intimidation, threats or any other conduct against a prisoner of a nature and gravity likely to bring discredit on the Irish Prison Service,

whether or not the incident occurred before this Rule comes into operation and shall apply notwithstanding Rule 57A.

(b) It shall not be necessary to duplicate a record for the purposes of this Rule if a record has already been made for the purposes of Rule 57A.

(c) Nothing shall be done under this Rule which might interfere with or prejudice any investigation by the Garda Síochána or possible criminal proceedings.

(2)(a) It shall be the duty of every prisoner, prison officer and other member of prison staff whether engaged under a contract of employment or a civil servant, to whom a complaint is made, to notify the Governor of any such complaint to which this Rule applies.

(b) The Governor shall arrange for a record to be kept of

(i) the identity of the complainant and the time and date the complaint was made,

(ii) the details of the complaint, and

(iii) the time and date the complaint was notified to the Governor.

(c) If necessary the complainant shall be given assistance to record his or her complaint in writing. The prisoner shall be assured that the complaint can be made without fear of repercussions and the Governor shall take any steps necessary to ensure that there is no victimisation of the prisoner.

(d) If the Governor is a subject of the complaint, the Governor shall forthwith notify the Director General of the Irish Prison Service and the Inspector of Prisons.

(3) The Governor shall, on being notified of such a complaint, or if the provisions of subparagraph (2) (d) apply, such other person as may be designated by the Director General of the Irish Prison Service (hereafter referred to as the "Designated Officer"),

(a) arrange for any relevant material, including CCTV recordings, to be preserved as long as they may be required for any investigation by the Garda Síochána and any investigation under this Rule, or any proceedings,

(b) arrange for the prisoner in question to be examined and any injuries or marks recorded and photographed if any physical force is alleged,

(c) arrange for the names of all prisoners, staff and others who may be potential witnesses to be recorded, and

(d) advise the complainant that the complaint is being investigated and the procedures involved.

(4) The Governor shall, within seven days of being notified of such a complaint, or the Designated Officer where the Governor is the subject of the complaint, refer the complaint and the evidence gathered...