Prisons Act, 1970

• Jurisdiction: Ireland
• Citation: IR No. 11/1970

Number 11 of 1970
PRISONS ACT, 1970
ARRANGEMENT OF SECTIONS
Section 1. Definitions. 2. Provision of places of detention other than prisons. 3. Regulations in relation to places provided under this Act and persons detained therein. 4. Application of enactments relating to prisons. 5. Power of Minister to direct removal of persons to and from places provided under this Act. 6. Amendment of Criminal Justice Act, 1960, and Prevention of Crime Act, 1908. 7. Power of Minister to direct transfer of detainees from Saint Patrick's Institution to prison to relieve overcrowding. 8. Expenses. 9. Short title, collective citation and construction.
Acts Referred to Criminal Justice Act, 1960 1960, No. 27 Criminal Justice Administration Act, 1914 1914, c. 58 Prevention of Crime Act, 1908 1908, c. 59
Number 11 of 1970
PRISONS ACT, 1970
AN ACT TO ENABLE THE MINISTER FOR JUSTICE, FOR THE PURPOSE OF PROMOTING THE REHABILITATION OF OFFENDERS, TO PROVIDE PLACES OTHER THAN PRISONS FOR THE DETENTION OF PERSONS WHO HAVE BEEN SENTENCED TO PENAL SERVITUDE OR IMPRISONMENT OR TO DETENTION IN SAINT PATRICK'S INSTITUTION AND TO AMEND IN OTHER RESPECTS THE LAW RELATING TO PRISONS AND THAT INSTITUTION. [28th July, 1970.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.—In this Act—
	“the Minister” means the Minister for Justice;
	“Saint Patrick's Institution” has the same meaning as in the Criminal Justice Act, 1960 .
	Provision of places of detention other than prisons.	2.—The Minister may, for the purpose of promoting the rehabilitation of offenders, provide places other than prisons for the detention of persons who have been sentenced to penal servitude or imprisonment or to detention in Saint Patrick's Institution.
	Regulations in relation to places provided under this Act and persons detained therein.	3.—(1) (a) The Minister may, by regulations, specify by reference to age and sex the classes of persons who may be detained in a place provided under section 2 of this Act.
	(b) A person who is not of a class standing so specified in relation to a particular place shall not be detained in that place.
	(2) The Minister may make regulations for the rule and management of places provided under section 2 of this Act and the classification, treatment, employment and control of persons detained therein.
	(3) Regulations 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 regulations is passed by either such House within the next twenty-one days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
	Application of enactments relating to prisons.	4.—The Prisons Acts, 1826 to 1956, the Prisons (Visiting Committees) Act, 1925 , and any other enactments relating to prisons, to Saint Patrick's Institution or to persons serving sentences in prisons or that Institution shall, subject to the provisions of this Act, apply in relation to a place provided under section 2 of this Act as if it were a prison or that Institution, as the case may be, and persons detained in such a place shall be deemed to be serving sentences of penal servitude or imprisonment or detention in that Institution, as the case may be, but section 17 (3) of the Criminal Justice Administration Act, 1914 , in so far as it provides for the committal of prisoners, shall not apply in relation to such a place.
	Power of Minister to direct removal of persons to and from places provided under this Act.	5.—(1) Subject to the provisions of this Act but without prejudice to the generality of section 4 of this Act, the Minister may direct—
	(a) the transfer of a prisoner—
	(i) from a prison to a place provided...