(LRC Revised)

Number 10 of 2007

PRISONS ACT 2007

REVISED

Updated to 1 August 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Prisons Act 2007

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Wildlife (Amendment) Act

2023

(25/2023), enacted 20 July 2023, and all statutory instruments up to and

including

Criminal Justice (Miscellaneous Provisions) Act 2023 (Commencement) Order

2023

(S.I. No. 391 of 2023), made 28 July 2023, were considered in the

preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

10

of

2007

PRISONS ACT 2007

REVISED

Updated to 1 August

2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation.

2. Interpretation (general).

3. Expenses.

PART 2

Prisoner Escort Services

4. Interpretation (

Part 2

).

5. Agreement for the provision of prisoner escort services.

6. Certification of prisoner custody officers.

7. Revocation of certificate.

8. Functions of prisoner custody officer.

9. Prohibition of unauthorised disclosure of information.

10. Reports to Minister.

PART 3

Prison Discipline

11. Interpretation (

Part 3

).

12. Inquiry into alleged breach of prison discipline.

13. Sanctions for breach of prison discipline.

14. Petition by prisoner against sanction.

15. Appeal against forfeiture of remission of portion of sentence.

16. Appeal Tribunals.

PART 4

Requirements relating to Construction and Extensions of Prisons

17.

Interpretation (

Part 4

).

(Repealed)

18. Application

of this Part.

(Repealed)

19.

Environmental impact assessment.

(Repealed)

20. Notice of

development.

(Repealed)

21. Contents of

notice.

(Repealed)

22. Publication

of information on development.

(Repealed)

23. Appointment

of rapporteur.

(Repealed)

24. Procedure

where substantive amendments by Minister to development.

(Repealed)

25. Decision by

Minister on development.

(Repealed)

26. Oireachtas

approval for development.

(Repealed)

27. Questioning

of acts, etc.

, done pursuant to this Part.

(Repealed)

28. Exemptions,

etc.

, relating to development.

(Repealed)

29.

Saving.

(Repealed)

PART 5

Inspector of Prisons

30. Inspector of Prisons.

31. Functions of Inspector.

32. Annual report.

PART 6

Miscellaneous

33. Certain

applications to court to be heard using videolink.

(Repealed)

34. Application

of

section 33

to children in remand centres or children detention schools and

other detained persons.

(Repealed)

35. Prison rules.

36. Prohibition of unauthorised possession or use of mobile telecommunications device

by prisoner.

37. Amendment of National Minimum Wage Act 2000.

38. Payment by prisoners for requested services.

39. Absence from prison on compassionate, etc., grounds.

40. Lawful custody of prisoners while absent from prison.

41. Minor and consequential amendments.

42. Repeals.

43. Regulations.

Acts Referred to

Building Control Act 1990

1990, No. 3

Children Act 2001

2001, No. 24

Criminal Justice (Miscellaneous Provisions) Act 1997

1997, No. 4

Criminal Justice (Public Order) Act 1994

1994, No. 2

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1990

1990, No. 16

Criminal Law (Insanity) Act 2006

2006, No. 11

Criminal Procedure Act 1967

1967, No. 12

General Prisons (Ireland) Act 1877

40 & 41 Vic., c. 49

National Minimum Wage Act 2000

2000, No. 5

National Monuments Act 1930

1930, No. 2

National Monuments Acts 1930 to 2004

Penal Servitude Act 1891

54 & 55 Vic., c. 69

Planning and Development Act 2000

2000, No. 30

Planning and Development Acts 2000 to 2006

Prisons Act 1933

1933, No. 51

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Prisons Acts 1826 to 1980

Prisons (Ireland) Act 1907

7. Edw. 7., c. 19

Prisons (Visiting Committees) Act 1925

1925, No. 11

Statutory Instruments Act 1947

1947, No. 44

Number

10

of

2007

PRISONS ACT 2007

REVISED

Updated to 1 August

2023

AN ACT TO ENABLE THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM TO ENTER INTO

AGREEMENTS FOR THE PROVISION OF SERVICES RELATING TO THE ESCORT OF PRISONERS BY PERSONS

OTHER THAN PRISON OFFICERS; TO PROVIDE FOR THE CONDUCT OF INQUIRIES BY GOVERNORS OF

PRISONS INTO ALLEGED BREACHES OF DISCIPLINE BY PRISONERS, FOR THE SANCTIONS THAT MAY

BE IMPOSED AFTER SUCH INQUIRIES AND FOR THE ESTABLISHMENT OF APPEAL TRIBUNALS TO HEAR

APPEALS AGAINST FORFEITURES SO IMPOSED OF REMISSION OF PORTION OF SENTENCES; TO ENABLE

SPECIAL REQUIREMENTS TO BE PROVIDED FOR IN RELATION TO THE CONSTRUCTION OR EXTENSION

OF PRISONS AND OTHER PLACES OF DETENTION, INCLUDING APPROVAL THEREOF BY A RESOLUTION

OF EACH HOUSE OF THE OIREACHTAS AND CONFIRMATION BY ACT OF THE OIREACHTAS OF THE RESOLUTION;

TO PROVIDE FOR THE APPOINTMENT OF AN INSPECTOR OF PRISONS; TO PROVIDE FOR THE GIVING

OF EVIDENCE BY PRISONERS IN CERTAIN TYPES OF PROCEEDINGS BEFORE THE COURTS BY LIVE

TELEVISION LINK; TO AMEND AND REPEAL CERTAIN ENACTMENTS IN RELATION TO PRISONS AND

PRISONERS AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.

[31

st March

, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering text)

C1

Prospective affecting provision: application of collectively cited

Prisons Acts 1826 to 1980

applied with modifications by

Children Act

2001

(24/2001), s. 156B, as inserted by

Criminal Justice Act 2006

(26/2006), s. 144, not commenced as of date of revision.

[

Application of Prisons

Acts, etc. rules to children detention schools.

156B.

—

Pending the making of rules under section 179 for the management of children

detention schools, the Prisons Acts 1826 to 1980 and any other enactments relating

to or applying to St. Patrick’s Institution or to persons serving sentences

therein shall, except where they may be inconsistent with this Act, apply and have

effect, with any necessary modifications, in relation to a children detention

school and to persons detained therein as if the school were that

Institution.]

C2

Functions under subs. (1)(c) transferred (14.09.2020) by

Heritage

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 339 of 2020), art. 3(1) and sch. part 1, in effect as per

art. 1(2), subject to transitional provisions in arts. 4-8.

Note alteration of name of

Department and title of Minister to Housing, Local Government and Heritage (30.09

2020) by

Housing, Planning and Local Government (Alteration of Name of

Department and Title of Minister) Order 2020

(S.I. No. 408 of 2020), in

effect as per art. 1(2).

3. (1) The functions vested

in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule are transferred to the Minister for Housing, Planning and

Local Government.

(2) References to the

Minister for Culture, Heritage and the Gaeltacht contained in any Act or

instrument made thereunder and relating to any functions transferred by paragraph

(1) shall, from the commencement of this Order, be construed as references to the

Minister for Housing, Planning and Local Government.

...

SCHEDULE

Part 2

...

Sections 20

(1)(

c

) and

28

of the

Prisons Act

2007

(No. 10 of 2007);

C3

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

(

a

) references to the Department of Justice and Law Reform shall be construed as references

to the Department of Justice and Equality;

(

b

) references to the Minister for Justice and Law Reform shall be construed as references

to the Minister for Justice and Equality.

Editorial Notes

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 216 of 2010), in effect as per art. 1(2); superseded as per C-note above.

E2

Previous affecting provision: collectively cited

Prisons Acts 1826 to 1980

applied with modifications (23.07.2007) by

Children Act 2001

(24/2001), s. 153(4), S.I. No. 524 of 2007; deleted (1.03.2007) by

Criminal Justice Act 2006

(26/2006), s. 158 and sch. 4 am. no. 19, S.I. No. 65 of 2007.

E3

Previous affecting provisions: application of collectively cited

Prisons Acts 1826 to 1980

restricted by

Employment Equality Act 1977

(16/1977), s. 17B(2)(d); as inserted (2.10.1985) by

European Communities (Employment Equality) Regulations 1985

(S.I. No. 331 of 1985), reg. 5; repealed (18.10.1999) by

Employment Equality Act 1998

(21/1998), s. 5(1), S. I. No. 320 of 1999, art. 2.

Annotations

Modifications (not altering text)

C1

Prospective affecting provision: application of collectively cited

Prisons Acts 1826 to 1980

applied with modifications by

Children Act

2001

(24/2001), s. 156B, as inserted by

Criminal Justice Act 2006

(26/2006), s. 144, not commenced as of date of revision.

[

Application of Prisons

Acts, etc. rules to children detention schools.

156B.

—

Pending the making of rules under section 179 for the management of children

detention schools, the Prisons Acts 1826 to 1980 and any other enactments relating

to or applying to St. Patrick’s Institution or to persons serving sentences

therein shall, except where they may be inconsistent with this Act, apply and have

effect, with any necessary modifications, in relation to a children detention

school and to persons detained therein as if the school were that

Institution.]

C2

Functions under subs. (1)(c) transferred (14.09.2020) by

Heritage

(Transfer of Departmental Administration and Ministerial Functions) Order

2020

(S.I. No. 339 of 2020), art. 3(1) and sch. part 1, in effect as per

art. 1(2), subject to transitional provisions in arts. 4-8.

Note alteration of name of

Department and title of Minister to Housing, Local Government and Heritage (30.09

2020) by

Housing, Planning and Local Government (Alteration of Name of

Department and Title of Minister) Order 2020

(S.I. No. 408 of 2020), in

effect as per art. 1(2).

3. (1) The functions vested

in the Minister for Culture, Heritage and the Gaeltacht by or under the Acts

specified in Part 1 of the Schedule and the provisions of the Acts specified in

Part 2 of the Schedule are transferred to the Minister for Housing, Planning and

Local Government.

(2) References to the

Minister for Culture, Heritage and the Gaeltacht contained in any Act or

instrument made thereunder and relating to any functions transferred by paragraph

(1) shall, from the commencement of this Order, be construed as references to the

Minister for Housing, Planning and Local Government.

...

SCHEDULE

Part 2

...

Sections 20

(1)(

c

) and

28

of the

Prisons Act

2007

(No. 10 of 2007);

C3

References to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.04.2011) by

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order

2011

(S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

(

a

) references to the Department of Justice and Law Reform shall be construed as references

to the Department of Justice and Equality;

(

b

) references to the Minister for Justice and Law Reform shall be construed as references

to the Minister for Justice and Equality.

Editorial Notes

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister)

Order 2010

(S.I. No. 216 of 2010), in effect as per art. 1(2); superseded as per C-note above.

E2

Previous affecting provision: collectively cited

Prisons Acts 1826 to 1980

applied with modifications (23.07.2007) by

Children Act 2001

(24/2001), s. 153(4), S.I. No. 524 of 2007; deleted (1.03.2007) by

Criminal Justice Act 2006

(26/2006), s. 158 and sch. 4 am. no. 19, S.I. No. 65 of 2007.

E3

Previous affecting provisions: application of collectively cited

Prisons Acts 1826 to 1980

restricted by

Employment Equality Act 1977

(16/1977), s. 17B(2)(d); as inserted (2.10.1985) by

European Communities (Employment Equality) Regulations 1985

(S.I. No. 331 of 1985), reg. 5; repealed (18.10.1999) by

Employment Equality Act 1998

(21/1998), s. 5(1), S. I. No. 320 of 1999, art. 2.

ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citation.

2. Interpretation (general).

3. Expenses.

PART 2

Prisoner Escort Services

4. Interpretation (

Part 2

).

5. Agreement for the provision of prisoner escort services.

6. Certification of prisoner custody officers.

7. Revocation of certificate.

8. Functions of prisoner custody officer.

9. Prohibition of unauthorised disclosure of information.

10. Reports to Minister.

PART 3

Prison Discipline

11. Interpretation (

Part 3

).

12. Inquiry into alleged breach of prison discipline.

13. Sanctions for breach of prison discipline.

14. Petition by prisoner against sanction.

15. Appeal against forfeiture of remission of portion of sentence.

16. Appeal Tribunals.

PART 4

Requirements relating to Construction and Extensions of Prisons

17.

Interpretation (

Part 4

).

(Repealed)

18. Application

of this Part.

(Repealed)

19.

Environmental impact assessment.

(Repealed)

20. Notice of

development.

(Repealed)

21. Contents of

notice.

(Repealed)

22. Publication

of information on development.

(Repealed)

23. Appointment

of rapporteur.

(Repealed)

24. Procedure

where substantive amendments by Minister to development.

(Repealed)

25. Decision by

Minister on development.

(Repealed)

26. Oireachtas

approval for development.

(Repealed)

27. Questioning

of acts, etc.

, done pursuant to this Part.

(Repealed)

28. Exemptions,

etc.

, relating to development.

(Repealed)

29.

Saving.

(Repealed)

PART 5

Inspector of Prisons

30. Inspector of Prisons.

31. Functions of Inspector.

32. Annual report.

PART 6

Miscellaneous

33. Certain

applications to court to be heard using videolink.

(Repealed)

34. Application

of

section 33

to children in remand centres or children detention schools and

other detained persons.

(Repealed)

35. Prison rules.

36. Prohibition of unauthorised possession or use of mobile telecommunications device

by prisoner.

37. Amendment of National Minimum Wage Act 2000.

38. Payment by prisoners for requested services.

39. Absence from prison on compassionate, etc., grounds.

40. Lawful custody of prisoners while absent from prison.

41. Minor and consequential amendments.

42. Repeals.

43. Regulations.