S.I. No. 116/1997:

DETENTION OF OFFENDERS (RESTRICTIONS ON PRIVILEGES) REGULATIONS, 1997

DETENTION OF OFFENDERS (RESTRICTIONS ON PRIVILEGES) REGULATIONS, 1997

I, Nora Owen, Minister for Justice, in exercise of the powers conferred on me by section 3 of the Prisons Act, 1970 (No. 11 of 1970), hereby make the following Regulations:

1. (1) These Regulations may be cited as the Detention of Offenders (Restrictions on Privileges) Regulations, 1997.

2. The Detention of Offenders (Shanganagh Castle) Regulations, 1970 ( S.I. No. 313 of 1970 ), are hereby amended in Regulation 5 by the substitution for clause (i) of subparagraph (c) of paragraph (1) of the following:

"(i) in case the restriction is imposed by the Governor

(I) three months where the offender is under sentence of penal servitude, and

(II) two months in the case of any other offender,".

3. The Detention of Offenders (Loughan House) Regulations, 1973 ( S.I. No. 60 of 1973 ), are hereby amended in Regulation 5 by the substitution for clause (i) of subparagraph (c) of paragraph (1) of the following:

"(i) n case the restriction is imposed by the Governor

(I) three months where the offender is under sentence of penal servitude, and

(II) two months in the case of any other offender,".

4. The Detention of Offenders (Training Unit) Regulations, 1975 ( S.I. No. 251 of 1975 ), are hereby amended in Regulation 5 by the substitution for subparagraph (c) of paragraph (1) of the following:

"( c ) a restriction of visits, communications and any other privileges for a period not exceeding

(i) three months where an offender is under sentence of penal servitude, and

(ii) two months in the case of any other offender,".

5. The Detention of Offenders (Shelton Abbey) Regulations, 1976 ( S.I. No. 293 of 1976 ), are hereby amended in Regulation 5 by the substitution for subparagraph (c) of paragraph (1) of the following:

"( c ) restriction of visits, communications and any other privileges for a period not exceeding

(i) three months where an offender is under sentence of penal servitude, and

(ii) two months in the case of any other offender,".

6. The Detention of Offenders (Fort Mitchel) Regulations, 1985 ( S.I. No. 104 of 1985 ), are hereby amended in Regulation 5 by the substitution for subparagraph (c) of paragraph (1) of the following:

"( c ) restriction of visits, communications and any other privileges for a period not exceeding--

(i) three months where an offender is under sentence of penal servitude, and

(ii) two months in the case of any other offender,".

7. The Detention of Offenders (Wheatfield) Regulations, 1989 ( S.I. No. 135 of 1989 ), are hereby amended in Regulation 5 by the substitution for subparagraph (c) of paragraph (1) of the following:

"( c ) a restriction of visits, communications and any other privileges for a period not exceeding

(i) three months where an offender is under sentence of penal servitude, and

(ii) two months in the case of any other offender,".

8. The Detention of Offenders (Unit A Castlerea) Regulations, 1996 ( S.I. No. 361 of 1996 ), are hereby amended in Regulation 5 by the substitution for subparagraph (c) of paragraph (1) of the following:

"( c ) a restriction of visits, communications and any other privileges for a period not exceeding

(i) three months where an offender is under sentence of penal servitude, and

(ii) two months in the case of any other offender,".

9. The Detention of Offenders (The Curragh) Regulations, 1996 ( S.I. No. 390 of 1996 ), are hereby amended in Regulation 5 by the substitution for subparagraph (c) of paragraph (1) of the following:

"( c ) a restriction of visits, communications and any other privileges for a period not exceeding

(i) three months where an offender is under sentence of penal servitude, and

(ii) two months in the case of any other offender,".

Given under my Official Seal, this 12th day of March, 1997.

Nora Owen

Minister for Justice.

EXPLANATORY NOTE

These Regulations amend certain restrictions on privileges which may be imposed in places of detention as provided under Section 2 of the Prisons Act 1970 .