S.I. No. 52/2016 - Prisons Act 2015 (Section 24) Regulations 2016.

1. These Regulations may be cited as the Prisons Act 2015 (Section 24) Regulations 2016.

2. The form of notice set out in the Schedule is prescribed for the purposes of

section 24

(4) of the

Prisons Act 2015

(No. 57 of 2015).

SCHEDULE

PRISONS ACT 2015

NOTICE OF DIRECTION UNDER SECTION 24 (TAKING OF CERTAIN PERSONS FROM PRISON FOR THE PURPOSES OF DEPORTATION OR REMOVAL FROM THE STATE)

This notice is to inform you,......................................................................................., that the Minister for Justice and Equality has directed that you are to be taken from........................................................................ *Prison *Place of Detention

on.............................., 20........, in accordance with

section 24

of the

Prisons Act 2015

, to facilitate your *deportation *removal from the State and that your being so taken from that *prison *place of detention is subject to the condition, specified in

section 24

(3)(

a

) of the said Act, that you shall remain out of the State as required by the *deportation order *removal order to which you are subject.

Signature:.....................................................

*Governor *Person for the time being performing the functions of governor of........................................................................ *Prison *Place of Detention

Date:.............................., 20........

Note: Breach of the condition specified in section 24(3)(

a

) of the

Prisons Act 2015

requiring a person to remain out of the State as required by the deportation order or removal order to which the person is subject is (save for where section 24(13) applies) an offence under section 24(11) of the said Act and punishable on conviction by imprisonment for a term not exceeding 6 months. Under section 24(6)(

b

) of the said Act, refusal by the person specified in the direction to which this notice relates to sign or place his or her mark on the notice shall not affect the lawfulness of the person’s being taken from the prison or place of detention in accordance with section 24.

I hereby acknowledge that I am aware that I am to be taken from........................................................................ *Prison *Place of Detention to facilitate my *deportation *removal from the State and that my being taken from the *prison *place of detention is subject to the condition that I shall remain out of the State as required by the *deportation order *removal order to which I am subject. I have been given a copy of this notice.

Signature or mark:.....................................................

Person to be taken from *prison *place of detention

Date:.............................., 20........

Signature of Witness:.....................................................

Date..............................., 20........

*I hereby record that.....................................................having been requested to sign or place his or her mark on this notice has refused to do so.

Signature of Witness:.....................................................

Date..............................., 20........

*Delete if inapplicable

GIVEN under my Official Seal,

1 February 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations prescribe the form of notice to be used for the purposes of

section 24

of the

Prisons Act 2015

.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

5

th February

, 2016.

I, Frances Fitzgerald, Minister for Justice and Equality, in exercise of the powers conferred on me by

section 24

(5) of the

Prisons Act 2015

(No. 57 of 2015), hereby make the following regulations