Rules For the Government of Prisons 1947

JurisdictionIreland
CitationIR SI 320/1947

STATUTORY RULES AND ORDERS. 1947. No. 320.

RULES FOR THE GOVERNMENT OF PRISONS, 1947.

TABLE OF CONTENTS.

PART I.

RULES

PRELIMINARY

1

PART II.

GENERAL RULES FOR THE GOVERNMENT OF PRISONS

(1) Application of Part II

2

(2) Accommodation

3

to

6

(3) General Treatment :—

(I)

Admission, Discharge and Removal

7

to

21

(II)

Prohibited Articles

22

to

24

(III)

Food, Clothing, Bedding

25

to

33

(IV)

Cleanliness

34

and

35

(V)

Classification and Remission

36

to

40

(VI)

Employment

41

to

45

(VII)

Health

46

(VIII)

Religious Instruction

47

to

53

(IX)

Secular Instruction

54

to

58

(X)

Visits and Communications

59

to

65

(XI)

Offences and Punishments

66

to

71

(XII)

Corporal Punishment—Carrying out of Court Order

72

and

73

(XIII)

Restraints

74

to

78

(XIV)

Prisoners under sentence of death

79

to

81

(4) Staff :—

(I)

Prison Officers generally

82

to

114

(II)

Governor

115

to

149

(III)

Female Officer in charge

150

to

154

(IV)

Chaplains

155

to

171

(V)

Medical Officer

172

to

188

Part III.

SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS.

(1)

Prisoners on Remand or Awaiting Trial—

(I)

Admission, Discharge and Removal

189

to

195

(II)

Food, Clothing and Bedding

196

to

200

(III)

Cleanliness and Health

201

to

203

(IV)

Books

204

(V)

Employment

205

to

208

(VI)

Visits and Communications

209

to

213

RULES

(2)

Juvenile Prisoners Awaiting Trial

214

to

221

(3)

Juvenile Offenders Under Conviction

222

to

229

(4)

Prisoners between the Ages of 17 and 21 years

230

to

236

(5)

Offenders of the First Division :—

(I)

Admission and General Treatment

237

to

242

(II)

Food and Clothing

243

to

246

(III)

Cleanliness

247

and

248

(IV)

Books

249

(V)

Employment

250

(VI)

Visits and Communications

251

and

252

(6)

Offenders of the Second Division

253

to

261

(7)

Offenders of the Third Division

262

(8)

Debtors or Contempt of Court Prisoners :—

(I)

Admission and General Treatment

263

and

264

(II)

Food and Clothing

265

and

266

(III)

Cleanliness

267

and

268

(IV)

Employment

269

(V)

Remission and Stage

270

(VI)

Health

271

(VII)

Visits and Communications

272

to

275

(9)

Appellants

276

to

281

Part IV.

REVOCATION OF EXISTING RULES

282

STATUTORY RULES AND ORDERS.

1947. No. 320.

RULES FOR THE GOVERNMENT OF PRISONS, 1947.

I. Gerald Boland, Minister for Justice, in exercise of the powers conferred by the Prisons (Ireland) Acts, 1826 to 1907, the Penal Servitude Act, 1891, the Prisons Act, 1898, and the Criminal Justice Administration Act, 1914 (as adapted by the General Prisons Board (Transfer of Functions) Order, 1928 ( S. R. & O. No. 79 of 1928 ), and in consequence of the enactment of the Constitution), and of every and any other power me in this behalf enabling, hereby make the following rules :—

PART I. PRELIMINARY.

1 Short title and interpretation

1. (1) These rules may be cited as the Rules for the Government of Prisons, 1947.

(2) In these Rules the expression "the Minister" means the Minister for Justice.

(3) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Rules.

PART II. GENERAL RULES FOR THE GOVERNMENT OF PRISONS.

1. APPLICATION OF PART II.

2 Application of general rules

2. The Rules in this Part apply to all prisons, but are subject to the special rules in Part III hereof as to particular classes of prisoners.

2. ACCOMMODATION.

3 Cells

3. A cell shall not be used for the separate confinement of a prisoner unless it is certified by the Minister to be of such a size, and to be lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison.

4 Occupation of separate cell

4. Each prisoner shall occupy a cell by himself by day and by night (except as otherwise directed). If, for medical reasons or in other special circumstances, it is necessary that prisoners be associated, not fewer than three prisoners may be located in one room, in which each shall be supplied with a separate bed.

5 Infirmary

5. A proper place for the reception of sick prisoners shall be provided.

6 Locks

6. The wards, cells, and yards where females are confined shall be secured by locks different from those securing the wards, cells, and yards allotted to male prisoners.

3. GENERAL TREATMENT.

I. Admission, Discharge, and Removal.

7 Searching

7. (1) Every prisoner shall be searched on admission and at such times subsequently as may be directed, and all prohibited articles shall be taken from him.

(2) The searching of a prisoner shall be conducted with due regard to decency and self-respect and in as seemly a manner as is consistent with the necessity of discovering any concealed article.

(3) No prisoner shall be stripped or searched in the presence of another prisoner.

8 Provision as to female prisoners

8. A female prisoner shall be searched by female officers. In other respects the same course shall be pursued in reference to the admission, removal, or discharge of a female prisoner as in the case of a male prisoner.

9 Medical examination on admission

9. Every prisoner shall, as soon as possible after his admission, be separately examined by the medical officer, who shall record the state of health of the prisoner, and such other particulars as may be directed.

10 Bath

10. Every prisoner shall take a bath on reception, unless it is otherwise directed in any particular case by the governor or medical officer.

11 Vermin or infectious, etc., disease

11. (1) If the medical officer finds that any prisoner on admission to or while in prison is suffering from an infectious or contagious disease he shall at once report the fact in writing to the Governor, and shall take the necessary steps for the prisoner's treatment and for the prevention of the spread of the disease to other prisoners.

(2) If a prisoner, on admission, is found to be in a verminous condition, the necessary steps shall be taken without delay to deal with such condition, the medical officer being consulted if necessary.

12 Record of measurements and other particulars

12. The name, age, height, weight, features, particular marks, general appearance, and such other measurements and particulars as may be required in regard to a prisoner shall, upon his admission, and from time to time, be recorded in such manner as may be directed.

13 Photographing of prisoner

13. Every prisoner may, if required for purposes of justice be photographed on reception and subsequently ; but no copy of the photograph shall be given to any person unless he is officially authorised to receive it.

14 Prisoner's property

14. All money and other effects brought into the prison by any prisoner, or sent to the prison for his use, which he is not allowed to retain, shall be placed in the custody of the governor, who shall keep an inventory of them.

15 Notification of Rules to prisoners

15. (1) The Governor shall cause an abstract, approved by the Minister, of the regulations relating to the treatment and conduct of prisoners, with a copy of the prison dietaries (printed in legible characters), to be posted in each cell, and shall read them or cause them to be read to every prisoner who cannot read within 24 hours after his admission.

(2) The Governor shall take an early opportunity of seeing all prisoners after their admission, and satisfying himself that they understand the rules and regulations to which they are required to conform, the privileges they may gain by industry and good conduct, and the consequences of idleness and misconduct.

16 Medical examination on removal or discharge

16. Every prisoner shall be examined by the medical officer before being removed to any other prison, or being discharged from prison. No prisoner shall be removed to any other prison unless the medical officer certifies that he is fit for removal ; and no prisoner labouring under any acute or dangerous illness shall be discharged from prison until, in the opinion of the medical officer, the discharge is safe, unless the prisoner refuses to remain in the prison.

17 Removal to or from prison

17. A prisoner shall be exposed to public view as little as possible while being removed from or to prison. In order to avoid exposure while passing through the public streets, he shall, if necessary, be conveyed in a closed vehicle.

18 Release of prisoner on payment of portion of line

18. No payment made by a prisoner in part satisfaction of the sum adjudged to be paid by him, in order to obtain the remission of part of his imprisonment, as provided by law, shall be made on Sunday, but may be made at any reasonable time on any weekday.

19 Application of gratuity on discharge

19. Any gratuity granted to a prisoner on his discharge may be paid through a Prisoners' Aid Society, or in such manner and under such conditions as the Minister may order for the purpose of preventing its being misapplied.

20 Children of female prisoners

20. The child of a female prisoner may be received into prison with its mother, provided it is at the breast. In all such cases an authority from the committing court for the child's admission shall accompany the...

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