S.I. No. 138/1972 - Prisons Act, 1972 (Military Custody) Regulations, 1972.

1. PRISONERS ON REMAND OR AWAITING TRIAL.

(I) Admission, Discharge and Removal.

146 Application, of regulations.

146.

Regulations 147 to 170 apply to any person in those regulations referred to as a prisoner awaiting trial committed to prison for safe custody in any of the following circumstances:—

(

a

) While awaiting trial for any indictable offence;

(

b

) Pending the preliminary hearing before a justice of the District Court of a charge against him of an indictable offence, or pending the hearing of an information or complaint against him;

(

c

) Awaiting sentence;

(

d

) Aliens not under sentence who are detained under Aliens' Orders;

(

e

) On commitment to await extradition.

147 Bath.

147.

A prisoner awaiting trial shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor decides that it is unnecessary, or the medical officer states that it is for medical reasons inadvisable.

148 Separation from each other.

148.

In order to prevent prisoners awaiting trial from being contaminated by each other, or endeavouring to defeat the ends of justice, they shall be kept separate, and shall not be permitted to communicate together.

149 Separation from convicted prisoners.

149.

Prisoners awaiting trial shall be kept apart from convicted prisoners, and while attending church and at other times shall, if possible, be placed so that they may not be in view of the convicted prisoners.

150 Power to modify routine.

150.

The visiting committee may authorise the Governor to modify the routine of the prison in regard to any prisoner awaiting trial so far as to dispense with any practice which, in the opinion of the Governor, is clearly unnecessary in the case of that particular prisoner.

151 Application of prisoner's money.

151.

Any money in the hands of the Governor belonging to any prisoner awaiting trial may be applied to the purpose of making special provision for him in cases where the prisoner is, by these regulations, required to make any payment in respect of such special provision.

152 Use of books or papers.

152.

The Governor shall, on the application of any prisoner awaiting trial, permit him to have any books, papers, documents, or other articles in his possession at the time of his arrest, which may not be required for evidence against him, and are not reasonably suspected of forming part of property improperly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice or of prison discipline.

(II) Food, Clothing and Bedding.

153 Power to procure food, clothing, or bedding.

153.

A prisoner awaiting trial may procure for himself, or receive at proper hours, food and intoxicating liquor (other than spiritous liquors), clothing, bedding or other necessaries, subject to examination and to such regulations as may be approved by the Minister; and any articles so procured may be paid for out of the money belonging to the prisoner in the hands of the Governor. If a prisoner awaiting trial does not provide himself with food, he shall receive the allowance of food allotted to prisoners awaiting trial by the regulations of the prison.

154 Prison dress.

154.

A prisoner awaiting trial may, if he desires it, wear the prison dress, and he shall be required to do so if his own clothes are insufficient or unfit for use, or necessary to be preserved for the purposes of justice. The prison dress for a prisoner awaiting trial shall be of a different colour from that of convicted prisoners.

155 Disinfection.

155.

When a prisoner awaiting trial is allowed by the regulations to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected; and thereupon the clothing shall be disinfected as speedily as possible, and during the progress of disinfection the prisoner may be required to wear the prison clothing prescribed for the class of prisoners to which he belongs.

156 Notice as to provision of food.

156.

(1) If a prisoner awaiting trial prefers to provide his own food for any meal, he shall give notice thereof beforehand at the time required; but the Governor shall not permit any such prisoner to receive any prison allowance of food for the meal for which he procures or receives food at his own expense.

Restriction on provision of food.

(2) Articles of food shall be received by a prisoner awaiting trial only at such hours as may be laid down from time to time. They shall be inspected by the members of the prison staff, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.

157 Prohibition of sale.

157.

No prisoner awaiting trial shall sell or transfer any article whatsoever allowed to be introduced for his use to any other person; and any prisoner transgressing this regulation shall be prohibited from procuring any such article for such period as the Minister deems proper.

(III) Cleanliness and Health.

158 Hair-cutting.

158.

A prisoner awaiting trial shall not be compelled either to have his hair cut or to shave a beard or moustache he usually wears except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness, regard however being had to the circumstance that untried prisoners while in prison shall not change their external aspect so as to impede identification, and that when brought to the bar for trial they shall retain as nearly as may be practicable the same external appearance which they had when committed.

159 Cleaning of rooms.

159.

The beds of prisoners awaiting trial shall be made up and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him by an assistant provided under these regulations.

160 Medical attendance.

160.

If any prisoner awaiting trial who is out of health desires the attendance of his usual medical attendant or dentist, the visiting committee shall, if they are satisfied that the application is bona fide, permit him to be visited by that medical attendant or dentist at his own expense. He may also be supplied with medicine at his own expense, proper precautions being in all cases observed to prevent abuse of these privileges.

(IV) Books, etc.

161 Books, newspapers etc.

161.

A prisoner awaiting trial shall be permitted to have supplied to him, at his own expense, such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the visiting committee, or in their absence, and pending their approval, in the opinion of the Governor, of an objectionable kind.

(V) Employment.

162 Employment.

162.

A prisoner awaiting trial shall have the option of employment, but shall not be compelled to perform any labour.

163 Allowance for earnings.

163.

If any such prisoner is discharged such an allowance on account of his earnings, if any, shall be paid to the prisoner on his discharge, as the Minister may think reasonable due allowance being made for the cost of his maintenance in prison.

164 Facilities for carrying on usual employment.

164.

So far as prison arrangements admit, facilities shall be given to prisoners awaiting trial to work and follow their trades and employments, and all earnings of any such prisoner, after payment thereout of such sum as the Minister may determine on account of the cost of his maintenance in the prison, or on account of the use of implements lent to him, shall belong to him.

165 Light in cell.

165.

The Governor shall permit the light to remain burning in the cell of any prisoner awaiting trial to enable the prisoner to continue to read or write, or to work and follow his trade, until the final locking-up of the prison, provided any reasonable or satisfactory ground exists for the allowance of such privilege.

(VI) Visits and Communications.

166 Visits.

166.

(1) Due provision shall be made for the admission, at proper times and under proper restrictions, of persons with whom prisoners awaiting trial desire to communicate, care being taken that, so far as is consistent with the interests of justice, the prisoners shall see their legal advisers alone.

(2) Every prisoner awaiting trial shall be permitted to be visited by not more than three persons at the same time, for a quarter of an hour on any week-day, during such hours as may be appointed. Provided always that the Minister may suspend and withdraw the permission hereby granted in any case when he considers it necessary so to do for the purposes of the security, good order, and government of the prison and prisoners therein, or for the purposes of preventing any tampering with evidence, or any plans for escape, or other like considerations.

(3) The visiting committee may, in any special case, for special reasons, prolong the period of the visit allowed to any prisoner awaiting trial, or allow him to be visited by more than three persons at the same time.

(4) Every endeavour shall be made to provide that prisoners awaiting trial be not, when being visited, exposed to the view of the friends of other prisoners, and to prevent the friends of one prisoner from coming in contact with the friends of another while in the prison.

167 Communication with legal and medical adviser.

167.

(1) A prisoner awaiting trial shall be allowed to see his legal adviser any week-day at any reasonable hour in the sight but not in the hearing of a member of the prison staff.

(2) A prisoner awaiting trial shall if necessary for the purpose of his defence be allowed to see a registered medical practitioner appointed by his friends or legal adviser. Such visit may, on request, be in the sight but not in the hearing of a member of the prison staff.

168 Communication for the purpose of bail.

168.

A prisoner awaiting trial who is in prison in default of bail shall be permitted to see any of his friends, on any week-day at any reasonable hour, for the bona-fide purpose of providing bail.

169 Written communications.

169.

Paper and all other writing materials to such extent as may appear reasonable to the Governor shall be furnished to any prisoner awaiting trial who requires to be so supplied for the purposes of communicating with friends or preparing a defence. Any confidential written communication prepared as instructions for a legal adviser may be delivered personally to him or his authorised clerk without being previously examined by any member of the prison staff; but all other written communications are to be considered as letters and are not to be sent out of the prison without being previously inspected by the Governor.

170 Application of general regulations.

170.

Prisoners awaiting trial shall also be subject to the general prison regulations, except so far as they are inconsistent with the special regulations relating to prisoners awaiting trial.

2. PRISONERS BETWEEN THE AGES OF 17 AND 21 YEARS.

171 Location in special prison.

171.

Prisoners between the ages of 17 and 21 may be collected in a prison or part of a prison set apart for the purpose, and be subjected to the following special regulations.

172 Classification

172.

They shall be strictly classified, regard being had to their character and antecedents.

173 Separation.

173.

Each class shall be kept apart from the other.

174 Employment.

174.

They shall be employed in association in workshops or in outdoor work, such as farming; and they shall be specially instructed in useful trades and industries which may fit them to earn their livelihood on release.

175 Education.

175.

Special attention shall be given to their education by instruction in the ordinary subjects of elementary education, by lectures and moral addresses, and by their being provided with library books and useful literature, which they shall be encouraged to read.

176 Discharge.

176.

At a reasonable time before the discharge of any prisoner, arrangements shall be made with a discharged prisoners' aid, or other philanthropic societies, or benevolent persons, for the prisoner's future welfare.

177 Application of general regulations.

177.

They shall also be subject to any general prison regulations, except so far as they are inconsistent with these Special Regulations.

3. PRISONERS IMPRISONED FOR DEFAULT IN PAYMENT OF A DEBT, OR IN DEFAULT OR IN LIEU OF DISTRESS TO SATISFY A SUM OF MONEY ADJUDGED TO BE PAID BY A COURT OF SUMMARY JURISDICTION, OR IMPRISONED FOR CONTEMPT OF COURT (hereinafter referred to as "DEBTORS OR CONTEMPT OF COURT PRISONERS").

(I) Admission and General Treatment.

178 Separation.

178.

A debtor or contempt of court prisoner shall not be associated with criminal prisoners.

179 Bath.

179.

A debtor or contempt of court prisoner shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor shall decide that it is unnecessary, or the medical officer shall state that it is, for medical reasons, inadvisable.

(II) Food and Clothing.

180 Diet.

180.

A debtor or contempt of court prisoner shall receive the allowance of food prescribed for prisoners awaiting trial who do not maintain themselves.

181 Clothing.

181.

A debtor or contempt of court prisoner shall be permitted to wear his own clothing, unless it is unfit for use in which case prison clothing as necessary shall be issued to the prisoner.

(III) Cleanliness.

182 Hair-cutting.

182.

A debtor or contempt of court prisoner shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness; and the hair of such prisoner shall not be cut closer than may be necessary for the purposes of health and cleanliness.

183 Cleaning of cells, etc.

183.

The beds of debtors and contempt of court prisoners shall be made up and the rooms and yards in their occupation shall be swept and cleaned by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them.

(IV) Employment.

184 Employment.

184.

A debtor or contempt of court prisoner shall be required to work either at his own trade or profession provided his employment does not interfere with the regulations or arrangements of the prison, or at work of an industrial or manufacturing nature, and he shall be allowed to receive the whole of his earnings subject to a deduction for the cost of his maintenance, and for the use of implements when furnished by the prison.

(V) Remission.

185 ..

185.

The general regulations relating to remission of sentence shall not apply to debtors or contempt of court prisoners.

(VI) Health.

186 Exercise.

186.

Debtors or contempt of court prisoners may be permitted to exercise in the forenoon and afternoon of each day during such periods as the circumstances of the prison may allow, and during the same periods they shall be permitted to associate together in an orderly manner.

(VII) Visits and Communications.

187 Letters and visits.

187.

A debtor or contempt of court prisoner shall be permitted to receive a visit of twenty minutes' duration and also to write and receive one letter in each week, and the visiting committee may, for special reasons, prolong the period of the visit allowed to any such prisoner or accord additional visits or letters to such reasonable extent as they may deem advisable. After three months in custody visits may be of thirty minutes' duration.

188 Visits from legal adviser, etc.

188.

In applying to a debtor or contempt of court prisoner regulation 61, any request from the legal adviser, wife, husband, or relative of such prisoner to visit the prisoner is to be granted at any reasonable hour of the day.

189 Place of visits.

189.

The place in which debtor or contempt of court prisoners receive their visits shall not be the same as that in which criminal prisoners receive their visits, if any other suitable place can conveniently be provided.

190 Application of general regulations.

190.

Debtors or contempt of court prisoners shall also be subject to any general prison regulations for the government of the prisons, except so far as they are inconsistent with the special regulations relating to debtors or contempt of court prisoners.

4. APPELLANTS.

191 Application of regulations.

191.

The following regulations shall apply to prisoners who have entered an appeal against a conviction or sentence by a Court—hereinafter called "appellants".

192 Production in Court.

192.

(1) Any appellant who when in custody is to be brought to any place at which he is entitled to be present for the purpose of the hearing of an appeal shall, while absent from the prison, be kept in the custody of a member of the prison staff directed by the Governor of the prison, or of a member of the Garda Síochána, to convey him to that place.

(2) Any appellant, when absent from prison under this regulation, shall wear his own clothing. Should his own clothing not be in a fit condition he shall be supplied with clothing from prison stocks.

193 Gratuities.

193.

If an appellant is ordered to be released by a Court he shall be paid a gratuity at the appropriate rate provided he has worked during the period he was in custody awaiting the hearing of his appeal.

194 Visits from legal and medical advisers.

194.

(1) An appellant shall be allowed to see his legal adviser on any week-day at any reasonable hour in the sight but not in the hearing of a member of the prison staff.

(2) An appellant shall, if necessary, for the purposes of his appeal be allowed to see a registered medical practitioner appointed by his friends or legal adviser, in the sight but not in the hearing of a member of the prison staff.

195 Letters.

195.

(1) Writing materials, to such extent as may appear reasonable to the Governor, shall be furnished to any appellant who requires them for the purposes of preparing his appeal.

(2) An appellant shall be permitted to write such letters to his legal adviser as may be necessary for the prosecution of his appeal.

(3) Any confidential written communication prepared as instructions for his legal adviser may be delivered personally to him or his authorised clerk without being previously examined by a member of the prison staff; but all other written communications shall be treated as letters and shall not be sent out of the prison without being previously inspected by the Governor.

196 Application of general regulations.

196.

Appellants shall also be subject to any general prison regulations for the government of prisons, except so far as they are inconsistent with the special regulations relating to appellants.

PART IV. Regulations for Prison Hospitals specified in Part II of the Appendix.

197 General regulations.

197.

Subject as hereinafter mentioned the Regulations for prisons specified in Part I of the Appendix to these Regulations shall apply to the Prison Hospitals specified in Part II of that Appendix.

198 Command and administration.

198.

Subject as in this regulation hereinafter set out the command and administration of Prison Hospitals shall remain the duty of the Officer Commanding Hospital, who shall exercise all the powers and duties conferred or imposed on the Governor and Medical Officer by these Regulations.

Provided, however, that the powers and duties conferred or imposed by these Regulations on a Governor of a Prison in respect of the following matters, that is to say, visits, letters, intercourse between prisoners, safe custody, the keeping of non-medical records, the maintenance of discipline and the punishment of offences against prison discipline shall in respect of such Prison Hospitals be conferred or imposed on such commissioned officer of the staff of the Provost Marshal as may be appointed for that purpose by the Chief of Staff.

APPENDIX.

PART I.

The Military Detention Barracks, Curragh Training Camp, Co. Kildare.

PART II.

The General Military Hospital, Curragh Training Camp, Co. Kildare.

GIVEN under my Official Seal, this 30th day of May, 1972.

DIARMUID Ó CRÓINÍN,

Minister for Defence.

EXPLANATORY NOTE.

These Regulations provide for the government of prisons in which civilian prisoners are kept in military custody.

S.I. No. 138 of 1972.

PRISONS ACT, 1972 (MILITARY CUSTODY) REGULATIONS, 1972.

TABLE OF CONTENTS.

Regulations

PART I.

Preliminary .. .. .. .. .. .. ..

1 to 3

PART II.

GENERAL REGULATIONS FOR THE GOVERNMENT OF PRISONS SPECIFIED IN PART I OF THE APPENDIX.

(1) Application of Part II .. .. .. .. ..

4 and 5

(2) Accommodation .. .. .. .. .. ..

6 to 8

(3) General Treatment:—

(I)

Admission, Discharge and Removal ..

9 to 19

(II)

Prohibited Articles .. .. .. ..

20 to 22

(III)

Food, Clothing, Bedding .. .. ..

23 to 31

(IV)

Cleanliness .. .. .. .. ..

32 and 33

(V)

Privileges .. .. .. .. ..

34 to 37

(VI)

Employment .. .. .. .. ..

38 to 42

(VII)

Health .. .. .. .. .. ..

43

(VIII)

Religious Instruction.. .. .. ..

44 to 50

(IX)

Secular Instruction .. .. .. ..

51 to 55

(X)

Visits and Communication .. .. ..

56 to 62

(XI)

Offences and Punishments .. .. ..

63 to 68

(XII)

Restraints .. .. .. .. ..

69 to 73

(XIII)

Prisoners under sentence of death .. ..

74 to 76

(4) Prison Staff

(I)

General .. .. .. .. ..

77 to 86

(II)

Governor .. .. .. .. ..

87 to 119

(III)

Chaplains .. .. .. .. ..

120 to 131

(IV)

Medical Officer .. .. .. ..

132 to 145

PART III.

SPECIAL REGULATIONS FOR PARTICULAR CLASSES OF PRISONERS.

(1) Prisoners on Remand or Awaiting Trial:—

(I)

Admission, Discharge and Removal ..

146 to 152

(II)

Food, Clothing and Bedding .. ..

153 to 157

(III)

Cleanliness and Health .. .. ..

158 to 160

(IV)

Books .. .. .. .. .. ..

161

(V)

Employment .. .. .. .. ..

162 to 165

(VI)

Visits and Communications .. .. ..

166 to 170

(2) Prisoners between the Ages of 17 and 21 years ..

171 to 177

(3) Debtors or Contempt of Court Prisoners:—

(I)

Admission and General Treatment ..

178 and 179

(II)

Food and Clothing .. .. .. ..

180 and 181

(III)

Cleanliness .. .. .. .. ..

182 and 183

(IV)

Employment .. .. .. .. ..

184

(V)

Remission .. .. .. .. ..

185

(VI)

Health .. .. .. .. .. ..

186

(VII)

Visits and Communications .. .. ..

187 to 190

(4) Appellants .. .. .. .. .. ..

191 to 196

PART IV.

Regulations for Prison Hospitals specified in Part II of the Appendix .. .. .. .. .. ..

197 and 198

APPENDIX

S.I. No. 138 of 1972.

PRISONS ACT, 1972

.

REGULATIONS.

(made under Section 2 (9) of the Act).

I, DIARMUID Ó CRÓINÍN, Minister for Defence, in exercise of the powers conferred on me by

section 2

(9) of the

Prisons Act, 1972

(No. 7 of 1972), hereby make the following regulations.

PART I. PRELIMINARY.

1 Short Title and Commencement.

1.

(1) These Regulations may be cited as the

Prisons Act, 1972

(Military Custody) Regulations, 1972.

(2) These Regulations shall come into operation at 4 p.m. on the 30th day of May, 1972.

2 Definitions.

2.

In these Regulations:—

(i) "the Minister" means the Minister for Defence;

(ii) "the Chief of Staff" means the Chief of Staff of the Defence Forces;

(iii) "the Adjutant-General" means the Adjutant-General of the Defence Forces;

(iv) "the Provost Marshal" means the Provost Marshal of the Defence Forces;

(v) "the Governor" means the officer of the Defence Forces appointed by the Chief of Staff to command and administer any of the places specified in Part I of the Appendix to these regulations and includes any commissioned officer authorised to act on behalf of the Governor;

(vi) "prisoner" means a person transferred to military custody under the provisions of

section 2

of the

Prisons Act, 1972

;

(vii) "visiting committee" means a visiting committee constituted under the provisions of the

Prisons (Visiting Committees) Act, 1925

, as applied by the

Prisons Act, 1972

.

3 Places in which persons may be kept in military custody.

3.

The places (in these regulations referred to as "prisons") in which persons transferred to military custody may be kept in military custody are specified in the Appendix to these regulations.

PART II. GENERAL REGULATIONS FOR THE GOVERNMENT OF PRISONS SPECIFIED IN PART I OF THE APPENDIX.