S.I. No. 103/1985:

TEMPORARY RELEASE OF OFFENDERS (FORT MITCHEL) RULES, 1985.

TEMPORARY RELEASE OF OFFENDERS (FORT MITCHEL) RULES, 1985.

I, MICHAEL NOONAN, Minister for Justice, in exercise of the powers conferred on me by section 2 of the Criminal Justice Act, 1960 (No. 27 of 1960), as applied by section 4 of the Prisons Act, 1970 (No. 11 of 1970) hereby make the following Rules:

1. These Rules may be cited as the Temporary Release of Offenders (Fort Mitchel) Rules, 1985.

2. In these Rules--

"the Minister" means the Minister for Justice;

"Fort Mitchel" means Fort Mitchel, Spike Island in the county of Cork, being a place provided by the Minister under section 2 of the Prisons Act, 1970 (No. 11 of 1970).

3. The Governor, or other officer for the time being in charge of Fort Mitchel may, subject to--

(a) any conditions which the Governor or such other officer may impose,

(b) any directions of the Minister, and

(c) any exceptions which may be specified in directions of the Minister,

release temporarily for a specified period persons detained therein.

4. Directions of the Minister under Rule 3 of these Rules may be given in relation to releases generally or in relation to a particular release or series of releases or in relation to the release of any category or class of person.

5. In addition to any other conditions which may be imposed in any particular case, the release of a person under these Rules shall be subject to the following conditions, namely, that--

(a) the persons shall keep the peace and be of good behaviour during the period of release,

(b) the person shall be of sober habits.

6. Where it is proposed to release a person under these Rules--

(a) a notice in the form set out in the Schedule to these Rules, or in a form to the like effect, shall be completed, and shall be signed by the person making the release, being the Governor or other officer for the time being in charge of Fort Mitchel,

(b) the person whom it is proposed to release shall be given a copy of the notice and shall acknowledge its receipt by signing or placing his mark on the original notice in the presence of a witness who shall also sign the original notice.

7. Where a person is released under these Rules, he shall return to Fort Mitchel on or before the expiration of the period for which he was temporarily released and failure to do so or the breach by him of a condition to which his release was made subject shall be deemed to be a breach of discipline of Fort Mitchel.

SCHEDULE

NOTICE

CRIMINAL JUSTICE ACT, 1960 .

PRISONS ACT, 1970 .

TEMPORARY RELEASE FROM FORT MITCHEL, SPIKE ISLAND.

and that your release is subject to the following conditions with which you are obliged to comply during the period of your release:

(a) You shall keep the peace and be of good behaviour during the period of release,

(b) you shall be of sober habits,

(c) ............................................................ ............................................................ ..

Signature............................................................ ............................................................ .......

Governor/Officer for the time being in charge of Fort Mitchel

............................................................ ............................................................ ........19.........

Note: Failure to return on or before the expiration of the period of temporary release or breach of any of the conditions attached to temporary release is a breach of the discipline of Fort Mitchel and is an offence under section 6 of the Criminal Justice Act, 1960 , punishable on conviction by imprisonment for a term not exceeding six months.

I hereby acknowledge that I am aware of the terms and conditions of my temporary release stated above which have been explained to me and of the time when my period of release expires. I have received a copy of this notice.

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

             Person being released.

............................................................ ............................................................ ...19..................

Witness............................................................ ............................................................ ..........

GIVEN under my Official Seal, this 4th day of April, 1985.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These Rules make provision in relation to the temporary release of offenders from Fort Mitchel, at Spike Island, Cork.