No. 11/1970:

PRISONS ACT, 1970

ARRANGEMENT OF SECTIONS

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.

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:

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 .

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.

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.

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.

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 under section 2 of this Act, and

(ii) from such a place to a prison, to Saint Patrick's Institution, or to another such place,

to serve the whole or any part of the unexpired residue of his sentence,

( b ) the transfer of a person who has been sentenced to detention in Saint Patrick's Institution—

(i) from that Institution to such a place, and

(ii) from that place to that Institution or to another such place,

to serve the whole or any part of the unexpired residue of his sentence.

(2) Section 3 of the Prevention of Crime Act, 1908, shall not apply in relation to a person detained in a place provided under section 2 of this Act.

6.—(1) This section shall come into operation on such day as the Minister may appoint by order.

(2) The Criminal Justice Act, 1960 , is hereby amended in respect of persons remanded or committed in custody or sentenced after the commencement of this Act—

( a ) by the substitution in section 9 (1), in so far as it relates to the remand or committal in custody of persons to Saint Patrick's Institution, of "nineteen" for "twenty-one", and

( b ) by the substitution in section 13 (1) of "nineteen" for "twenty-one".

(3) Section 1 of the Prevention of Crime Act, 1908, is hereby amended, in respect of persons sentenced after the commencement of this Act—

( a ) by the substitution of "nineteen" for "twenty-one" in subsection (1) (a), and

( b ) by the deletion of subsection (2).

(4) Section 3 of the said Prevention of Crime Act, 1908, is hereby amended by the substitution of "not more than twenty-one years of age" for "within the limits of age within which persons may be detained in a Borstal Institution".

7.—(1) ( a ) This section shall come into and be in operation for such period as the Minister may specify by order from time to time, after consultation with the Visiting Committee to Saint Patrick's Institution, and shall cease to be in operation upon the expiration of any such period.

( b ) The Minister may by order, after consultation with the visiting Committee to Saint Patrick's Institution, amend or revoke an order under this subsection.

(2) Whenever the Minister is of opinion that it is necessary to do so for the purpose of relieving overcrowding in Saint Patrick's Institution, he may direct the transfer to prison of such number of persons serving sentences in that Institution (not being persons under the age of seventeen years) whose transfer is, in his opinion, necessary for that purpose, and shall commute the unexpired residue of the term of detention of each such person to such term of imprisonment (not exceeding such residue) as he may determine.

(3) Section 3 of the Prevention of Crime Act, 1908, shall apply in relation to a person transferred to prison under subsection (2) of this section as if the person had originally been sentenced to imprisonment and not to detention in Saint Patrick's Institution.

8.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

9.—(1) This Act may be cited as the Prisons Act, 1970 .

(2) The Prisons Acts, 1826 to 1956, the Prisons (Visiting Committees) Act, 1925 , and this Act may be cited together as the Prisons Acts, 1826 to 1970, and shall be construed as one.