[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutes of Northern Ireland
You are here: BAILII >> Databases >> Statutes of Northern Ireland >> URL: http://www.bailii.org/nie/legis/num_act/pai1953266.txt

[New search] [Help]

PRISON ACT (NORTHERN IRELAND) 1953

PRISON ACT (NORTHERN IRELAND) 1953 - LONG TITLE

An Act to repeal and re-enact with amendments certain enactments
relating to the confinement and treatment of prisoners, the
administration of prisons, and offences arising in connection
therewith; and for purposes connected with the matters aforesaid{1}.
[19th May 1953]
Administrative provisionsFunctions of the Ministry in realtion to
prisons and prisoners.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 1

1.(1) The Ministry of Home Affairs (in this Act referred to as
"the Ministry") shall be the authority responsible for providing and
maintaining prisons and for the general regulation, direction and
superintendence of prisons and prisoners.

(2) Without prejudice to the foregoing sub-section, the Ministry
shall continue to exercise and perform, subject to the provisions of
this Act, all such powers, jurisdiction and duties as were
heretofore exercised and performed by the Ministry in relation to
prisons and prisoners.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 2
Administrative powers of the Ministry.

2.(1) The Ministry shall have and may exercise all such powers as
appear to it to be necessary for the proper administration and
maintenance of any prison including the equipment, provisioning and
supply thereof and the making of and giving effect to arrangements
for the welfare, employment and training of prisoners.

(2) The Ministry shall appoint the governors, medical officers and
such other officers and staff as appear to it to be necessary.

(3) The numbers, remuneration and conditions of service of persons
so appointed shall be determined by the Ministry with the approval
of the Ministry of Finance.

(4) The Ministry may, with the approval of the Ministry of Finance,
enlarge, rebuild, repair or alter any prison and build new prisons.

(5) Where it appears to the Ministry to be necessary or expedient
for the purpose of this Act that any land should be acquired, the
Ministry may, with the approval of the Ministry of Finance, acquire
by agreement that land and any easement or right in or over any
land adjacent thereto.

(6) The Ministry, with the approval of the Ministry of Finance, may
use, appropriate or dispose of in whatsoever manner it may think
fit any premises which have ceased to be used as a prison.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 3
Lock-ups.

3. Where it appears to the Ministry to be necessary, the Ministry
may provide and maintain suitable accommodation for the temporary
detention of persons awaiting trial or sentence.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 4
Address of prison.

4. A writ, warrant or other legal instrument delivered to the
governor of a prison and identifying that prison by its situation
or by any other sufficient description shall not be invalidated by
reason only that the prison is usually known by a different
description.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 5
Annual report.

5.(1) The Ministry shall prepare an annual report on the
administration of this Act and the Minister of Home Affairs (in
this Act referred to as "the Minister") shall lay the report before
[the Parliament of the United Kingdom].

(2) Each annual report shall contain

(a)a statement of the condition of prisons and prisoners;

(b)a statement of the accommodation of each prison and the daily
average and the highest number of prisoners contained therein;

(c)such particulars of the work done by prisoners in each prison,
including the kind and quantities of articles produced and the
number of prisoners employed, as may in the opinion of the Minister
give the best information to Parliament;

(d)a statement of the punishments inflicted in each prison and of
the offences for which they were inflicted...

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 6
Duty of governor to deliver calendar of prisoners.

6. The governor of every prison in which persons committed for
trial before [the Crown Court] are confined shall deliver to that
court a calendar of those persons.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 7
Sworn inquiries.

7.(1) The Minister may cause an inquiry to be held where it
appears to him advisable to do so in connection with any matter
arising under this Act or otherwise in relation to any prison.

(2) For the purposes of such inquiry the provisions of section
sixty-five of and the Seventh Schedule to the Health Services Act
(Northern Ireland), 1948 (which relates to inquiries) shall have
effect for the purposes of this Act in like manner as they have
effect for the purposes of that Act.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 8
Powers of prison officers.

8. Every officer of a prison shall while acting as such have all
the powers, authority, protection and privileges of a constable.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 9
Religious ministrations.

9.(1) Where in any prison the number of prisoners who belong to
any religious denomination is such as in the opinion of the
Minister to require the appointment of a minister of that
denomination, the Minister may appoint such a minister to that
prison.

(2) The Ministry may allow a minister of any denomination to visit
prisoners of his denomination in a prison to which no minister of
that denomination has been appointed under this section.

(3) No prisoner shall be visited against his will by a minister.

(4) Every prisoner shall be allowed, in accordance with the
arrangements in force in the prison in which he is confined, to
attend religious services held therein or to be visited by a
minister of his denomination appointed to or permitted to visit
prisoners under this section.

(5) The governor of a prison shall on the reception of each
prisoner record the religious denomination, if any, to which the
prisoner declared himself to belong and shall give to any minister
who is appointed or permitted to visit prisoners under this section
a list of the prisoners who have declared themselves to belong to
his denomination; and a minister shall not be permitted to visit
any other prisoners except with the permission of the governor at
the special request of the prisoner concerned.

(6) There may be paid to ministers appointed to or permitted to
visit prisons under this section such remuneration as the Ministry
with the approval of the Ministry of Finance may think reasonable.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 10
Boards of visitors for prisons.

10.(1) A board of visitors shall be appointed for each prison by
the Minister.

Subs.(2)(3) rep. by 1969 c.15 (NI) s.4(2) sch.

(4) At least two of the members appointed to each board of
visitors shall be justices of the peace and in the case of a
prison used as a women's prison at least two members shall be
women.

Subs.(5) rep. by 1980 NI10 art.4(3) sch.3

S.11 rep. by 1980 NI10 art.4(3) sch.3

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 12
Ejectment warrants in respect of official accommoda-

12.(1) Where any living accommodation is provided for a prison
officer or his family by virtue of his office, then, if he ceases
to be a prison officer or is suspended from office or dies, he,
or, as the case may be, his family, shall quit the accommodation
when required to do so by notice of the Ministry.

(2) Where a prison officer or the family of a prison officer
refuses or neglects to quit the accommodation forty-eight hours after
the giving of such a notice as aforesaid, any resident magistrate,
on proof made to him of the facts authorising the giving of the
notice and of the service of the notice and of the neglect or
refusal to comply therewith may by warrant direct the under-sheriff
for the county in which the accommodation is situated, within a
period specified in the warrant, to enter, by force if necessary,
into the accommodation and deliver possession of it to the Ministry
or any person appointed by the Ministry.

Rules for the management of prisons.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 13

13.(1) Subject to the provisions of this Act the Ministry may make
rules to be styled "prison rules" for

(a)the administration, regulation and management of prisons;

(b)the classification, segregation, accommodation, maintenance, clothing,
treatment, training, employment, discipline, punishment and control of
persons required to be detained in prisons;

(c)the temporary release, with or without suspension of the currency
of the sentence, of persons serving a sentence of imprisonment; ...
[, or a person ordered to be detained in a young offenders
centre];

(d)the photographing, measuring [, palm-printing] and finger-printing
of persons sentenced to be detained in prisons;

(e)the conduct, duty and discipline of the staff of prisons;

(f)the functions of boards of visitors; and

(g)the functions of visiting committees;

(2) Prison rules shall make provision for ensuring that a person
who is charged with any offence under the rules shall be given an
opportunity of answering the charge.

(3) Prison rules may provide for the training of particular classes
of persons.

(4) Prison rules shall provide for the special treatment of the
following persons while required to be detained in a prison, that
is to say

Paras.(a)(b) rep. by 1968 c.29 (NI) s.35(3) sch.5; para.(c) rep. by
1980 NI10 art.4(3) sch.3; para.(d) rep. by 1968 c.29 (NI) s.35(3)
sch.5

(e)any... person detained in a prison, not being a person serving a
sentence or a person imprisoned in default of payment of a sum
adjudged to be paid by him on his conviction [or a person
committed to custody on his conviction].

Subs.(5) rep. by 1968 c.29 (NI) s.35(3) sch.5

(6) Prison rules shall provide that the medical officer of a prison
shall not apply any painful tests to a prisoner for the purposes
of detecting malingering or for any other purpose except with the
permission of the board of visitors or the visiting committee.

(7) Prison rules may make provision whereby a person serving such a
sentence or for such a term as may be prescribed by the rules,
may, on the ground of his... good conduct, be granted remission of
such part of that sentence or term as may be so prescribed; and
on the discharge of a person from a prison in pursuance of any
such remission his sentence shall expire.

(8) A copy of the relevant prison rules shall be posted in a
conspicuous place in every prison.

(9) The Ministry may by prison rules make provision for any other
matter which appears to the Ministry to be necessary or expedient
for the purpose of carrying this Act into effect.

S.14 rep. by 1968 c.29 (NI) s.35(3) sch.5; 1976 NI4 art.19(3) sch.3

Place of confinement of prisoners.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 15

15.(1) A prisoner sentenced by any court or committed to a prison
on remand or pending trial or otherwise may, notwithstanding anything
to the contrary in any other enactment, be lawfully confined in any
prison provided or maintained by the Ministry.

(2) Prisoners shall be committed to such prison as the Ministry may
from time to time direct; and may during the term of their
imprisonment be removed, by direction of the Ministry, from the
prison in which they are confined to any other prison.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 16
Removal of prisoners for judicial and other purposes.

16.(1) The Ministry may, if it is satisfied that the attendance at
any place of a person detained in a prison is desirable in the
interests of justice or for the purposes of any public inquiry,
direct him to be taken to that place.

(2) The Ministry may, if it is satisfied that a person so detained
requires medical or surgical treatment of any description, direct him
to be taken to a hospital or other suitable place for the purposes
of the treatment.

(3) Where any person is directed under this section to be taken to
any place he shall, unless the Ministry otherwise directs, be deemed
to be in custody while being so taken, while at that place, and
while being taken back to the prison in which he is required in
accordance with law to be detained.

(4) A person taken from a prison for medical or surgical treatment
under sub-section (2) of this section may by direction of the
Ministry, but not otherwise, be discharged on the expiration of his
sentence without necessitating his return to prison.

(5) In this section "hospital" has the same meaning as in the
Health Services Act (Northern Ireland), 1948.

Subs.(6) rep. in pt. by 1961 c.15 (NI) s.116(2) sch.7, residue
spent

S.17 rep. by 1980 NI10 art.4(3) sch.3

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 18
Lawful custody of prisoner.

18.(1) Every prisoner sentenced by any court to imprisonment... [,
or ordered to be detained in a young offenders centre] or committed
to a prison on remand or pending trial or sentence or otherwise
shall be deemed to be in the lawful custody of the governor of
the prison in which he is detained.

(2) A prisoner shall be deemed to be in lawful custody while he
is confined in, or is being taken to or from, any prison and
while he is working, or is for any other reason, outside the
prison in the custody or under the control of an officer of the
prison or while he is temporarily detained, pending trial or
sentence, in any lock-up [and while he is being taken to any place
to which he is required or authorised by or under this Act or the
Treatment of Offenders Act (Northern Ireland) 1968 to be taken, or
is kept in custody subject to and in accordance with any such
requirement or authorisation].

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 19
Right of justice of the peace to visit prisons.

19.(1) A justice of the peace may at any time visit any prison
and may examine the condition of the prison and of the prisoners
and enter in a visitors' book, to be kept by the governor of the
prison, any observations on the condition of the prison or on any
other matter connected with the prison.

(2) Nothing in the foregoing sub-section shall authorise a justice
of the peace to communicate with any prisoner except on the subject
of his treatment in the prison, or to visit any prisoner under
sentence of death.

(3) The governor of every prison shall bring any entry in the
visitors' book to the attention of the board of visitors at their
next visit.

S.20 rep. by 1968 c.29(NI) s.35(3) sch.5 Pt.I. S.21 rep. by 1980
NI10 art.4(3) sch.3. S.22 rep. by 1968 c.29 (NI) s.35(3) sch.5 Pt.I

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 23
Release on licence of persons serving imprisonment for life.

23.(1) Subject to compliance with such conditions, if any, as the
Minister may from time to time determine, the Minister may at any
time if he thinks fit release on licence a person serving a term
of imprisonment for life.

(2) The Minister may at any time by order recall to prison a
person released on licence under this section, but without prejudice
to the power of the Minister to release him on licence again; and
where any person is so recalled his licence shall cease to have
effect and he shall, if at large, be deemed to be unlawfully at
large.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 24
Temporary discharge of prisoners on account of ill-health.

24.(1) If the Minister is satisfied that by reason of the condition
of a prisoner's health it is undesirable to detain him in prison,
but that, such condition of health being due in whole or in part
to the prisoner's own conduct in prison, it is desirable that his
release should be temporary and conditional only, the Minister may,
if he thinks fit, having regard to all the circumstances of the
case, by order authorise the temporary discharge of the prisoner for
such period and subject to such conditions as may be stated in the
order.

(2) Where an order of temporary discharge is made in the case of
a prisoner not under sentence, the order shall contain conditions
requiring the attendance of the prisoner at any further proceedings
in his case at which his presence may be required.

(3) Any prisoner discharged under this section shall comply with any
conditions stated in the order of temporary discharge, and shall
return to prison at the expiration of the period stated in the
order, or of such extended period as may be fixed by any
subsequent order of the Minister, and if the prisoner fails so to
comply or return, he may be arrested without warrant and taken back
to prison.

(4) Where a prisoner under sentence is discharged in pursuance of
an order of temporary discharge, the currency of the sentence shall
be suspended from the day on which he is discharged from prison
under the order to the day on which he is received back into
prison, so that the former day shall be reckoned and the latter
shall not be reckoned as part of the sentence.

(5) Nothing in this section shall affect the duties of the medical
officer of a prison in respect of a prisoner whom the Minister
does not think fit to discharge under this section.

Being unlawfully at large while under sentence.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 25

25. Every person who, having been sentenced to imprisonment,... [or
ordered to be detained in a young offenders centre] is afterwards,
and before the expiration of the term for which he was so
sentenced, at large without some lawful excuse, the proof whereof
shall lie on him, shall be guilty of an offence and shall on
conviction thereof on indictment be liable to imprisonment for a
term not exceeding two years.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 26
Escapes, etc.

26. Every person who

(a)having been convicted of an offence, escapes from any lawful
custody, whether in prison or not, in which he may be under such
conviction; or

(b)whether convicted or not, escapes from any prison or lock-up in
which he is lawfully confined; or

(c)being in any lawful custody otherwise than as aforesaid escapes
from such custody; or

(d)being on bail, whether prior to or during his trial or while an
appeal against his conviction is pending, does not, without lawful
excuse, the proof whereof shall lie on him, present himself at the
proper time and place to stand his trial or for the hearing of
the appeal or to receive sentence, as the case may be,

Attempts to break prison.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 27

27. Every person who attempts to break prison or who forcibly
breaks out of any cell or other place within any prison wherein he
is lawfully detained or makes any breach therein with intent to
escape shall be guilty of felony and shall on conviction thereof on
indictment be liable to imprisonment for a term not exceeding five
years.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 28
Prison breach.

28. Every person who, by force or violence, breaks any prison with
intent to set at liberty himself or any person lawfully confined or
awaiting execution therein shall be guilty of felony and shall on
conviction thereof on indictment be liable to imprisonment for a
term not exceeding seven years.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 29
Rescue, etc., of persons sentenced to death or for life.

29. Every person who

(a)rescues any person or assists any person in escaping, or
attempting to escape from lawful custody, whether in prison or not,
under sentence of death or imprisonment for life, or after
conviction of, and before sentence for, or while in custody upon a
charge for, any offence punishable with death or imprisonment for
life; or

(b)being a police officer or constable having any such person in
his lawful custody, or being an officer of any prison in which any
such person is lawfully confined, voluntarily and intentionally
permits him to escape,

Rescue or assisting other prisoners.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 30

30. Every person who

(a)rescues any person or assists any person in escaping, or
attempting to escape from lawful custody, whether in prison or not,
under a sentence of imprisonment for any term less than life... [or
ordered to be detained in a young offenders centre] or after
conviction of, and before sentence for, or while in such custody
upon a charge for, any offence punishable with imprisonment for a
term less than life; or

(b)being a police officer or constable having any such person in
his lawful custody, or being an officer of any prison in which any
such person is lawfully confined, voluntarily and intentionally
permits him to escape,

Other offences in connection with escape.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 31

31. Every person who, by failing to perform any legal or official
duty, permits any person in his lawful custody on a criminal charge
or any prisoner in his lawful custody to escape therefrom shall be
guilty of an offence and shall be liable on summary conviction
thereof to imprisonment for a term not exceeding six months or to
a fine not exceeding fifty pounds or to both such imprisonment and
such fine.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 32
Causing discharge of prisoner under pretended authority.

32.(1) Every person who knowingly and unlawfully, under colour of
any pretended authority, directs or procures the discharge of any
prisoner not entitled to be so discharged shall be guilty of an
offence and shall on conviction thereof on indictment be liable to
imprisonment for a term not exceeding five years.

(2) Any prisoner so discharged shall be deemed to have escaped.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 33
Assisting escape by conveying things into prisons.

33. Any person who, with intent to facilitate the escape of any
prisoner, conveys or throws or causes to be conveyed or thrown any
thing into any prison or to a prisoner or places or throws or
causes to be placed or thrown any thing anywhere inside or outside
a prison with a view to its coming into the possession of a
prisoner shall be guilty of felony and shall on conviction thereof
on indictment be liable to imprisonment for a term not exceeding
seven years.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 34
Unlawful conveyance of spirits or tobacco into prisons.

34. Any person who, contrary to prison rules, brings or attempts to
bring or throws or causes to be brought or thrown into the prison
or to a prisoner any intoxicating liquor or tobacco, or places any
such liquor or any tobacco anywhere outside the prison with intent
that it shall come into the possession of a prisoner, and any
officer who, contrary to prison rules, allows any such liquor or
any tobacco to be sold or used in the prison, shall be liable on
summary conviction to imprisonment for a term not exceeding six
months or a fine not exceeding fifty pounds or to both such
imprisonment and such fine.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 35
Unlawful introduction of other articles.

35. Any person who, contrary to prison rules, conveys or attempts
to convey or throws or causes to be thrown any letter or any
other thing into or out of the prison or to a prisoner or places
it anywhere outside the prison with intent that it shall come into
the possession of a prisoner shall, where he is not thereby guilty
of an offence under either of the last two foregoing sections, be
liable on summary conviction to a fine not exceeding fifty pounds.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 36
Evidence in prosecution for escape, etc.

36. In any prosecution (whether under this Act or otherwise) for
any escape, attempt to escape, rescue or attempt to rescue of any
prisoner, either against the prisoner himself or against any person
concerned therein, or aiding, abetting or assisting the prisoner, or
for any other offence arising in relation to any prisoner, a
certificate given by the clerk of the court in which the prisoner
was sentenced or was remanded in custody shall, together with proof
of the identity of the prisoner, be sufficient evidence of the
nature and fact of conviction or remand, as the case may be, and
of the period of confinement to which such prisoner was sentenced
or remanded.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 37
Restriction on prosecutions.

37. If any person is charged with any offence under this Act...
further proceedings on such a charge shall not be taken against him
without the consent of the Attorney-General for Northern Ireland.

Arrest, etc., of persons unlawfully at large.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 38

38.(1) A constable or a prison officer may arrest without warrant
any person

(a)whom he reasonably suspects of having committed, or attempted to
commit, any offence against this Act; or

(b)whom he reasonably suspects of being unlawfully at large;

(2) Where any person sentenced to imprisonment,... [or ordered to be
detained in a young offenders centre] is unlawfully at large at any
time during the period for which he is liable to be detained in
pursuance of the sentence, then, unless the Minister otherwise
directs, no account shall be taken, in calculating the period for
which he is liable to be so detained, of the time during which he
is absent from prison.

(3) The provisions of the last foregoing sub-section shall not apply
to any period during which any such person is detained in pursuance
of any other sentence of any court [in the United Kingdom] in a
prison or other institution, but shall apply in addition to any
other provisions of this Act imposing any punishment for an escape.

(4) The provisions of the last foregoing sub-section shall apply to
a person who is detained in custody in default of payment of any
sum of money as if he were sentenced to imprisonment.

(5) For the purposes of this section a person who, after being
temporarily released in pursuance of prison rules, is at large at
any time during the period for which he is liable to be detained
in pursuance of his sentence, shall be deemed to be unlawfully at
large if the period for which he was temporarily released has
expired or if an order recalling him has been made by the Minister
in pursuance of the rules.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 39
Notification of an inquiry into death of prisoner.

39.(1) In the event of the death of a prisoner, the governor of a
prison shall give immediate notice thereof to the coroner within
whose area the prison is situated, and to the board of visitors or
the visiting committee, as the case may be, and, where practicable,
to the nearest relative of the prisoner.

(2) The coroner shall hold an inquest into the cause of death of
any prisoner in a prison within his area, and, where practicable,
sufficient time between the death and the holding of the inquest
shall intervene to allow the attendance of the next-of-kin of the
prisoner.

(3) No prison officer nor any person who is engaged in any sort
of trade or dealing with a prison shall be a juror on such
inquest.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 40
Purchase of provisions by unconvicted prisoners.

40.(1) Persons committed to a prison on remand or pending trial
shall be maintained and provided for in like manner as prisoners
sentenced to imprisonment, but, subject to such conditions as may be
prescribed by prison rules, such persons may, if they so desire,
purchase and provide for their own use and at their own expense
foodstuffs which are already prepared for consumption.

(2) Such persons shall not be allowed to purchase, provide or have
any intoxicating liquor except on the orders of the medical officer
of the prison.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 41
Re-settlement of released or discharged prisoners.

41.(1) The Ministry, with the approval of the Ministry of Finance,
may make and give effect to such schemes as the Ministry may think
expedient [for the supervision or assistance of persons convicted of
offences with a view to their resettlement and rehabilitation].

[(2) Without prejudice to subsection (1), the Ministry may make
grants towards the expenditure of any society approved by the
Ministry, or any individual, who is engaged in supervising or
assisting persons convicted of offences with a view to their
rehabilitation, and may require probation officers and other officers
to perform duties in connection with the resettlement and
rehabilitation of such persons.]

Laying of prison rules.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 42

42. Prison rules shall be laid before each House of Parliament as
soon as may be after they are made and if either such House,
within the statutory period next after the day on which such rules
are laid before it, resolves that the rules be annulled, the rules
shall thereupon cease to have effect, but without prejudice to the
validity of anything previously done thereunder or to the making of
new rules.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 43
Financial provisions.

43. Expenses incurred by the Ministry with the approval of the
Ministry of Finance under or for the purposes of this Act shall be
defrayed out of moneys provided by [the Parliament of the United
Kingdom].

S.44 rep. by 1980 NI10 art.4(3) sch.3

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 45
Adaptation of statutory references to former places of detention.

45. Wherever any one or more than one of the following expressions,
that is to say:

house of correction, the city marshalsea, bridewell, district
bridewell, sheriff's prison, penitentiary house, gaol, county gaol,
common gaol, convict prison,

Provisions as to capital punishment.

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 46

46.(1) Nothing in this Act shall affect the jurisdiction or
responsibility of an under-sheriff in respect of prisoners under
sentence of death or his jurisdiction or control over the prison
where such prisoners are confined, and over the officers thereof, so
far as may be necessary for the purpose of carrying into effect
the sentence of death, or for any purpose relating thereto; and in
any prison in which sentence of death is required to be carried
into effect on any prisoner, the under-sheriff shall, for the
purposes of carrying the sentence into execution, be deemed to have
the same jurisdiction with respect to such prison as he would by
law have had if this Act had not been passed.

(2) References in the preceding sub-section to an under-sheriff shall
include references to his lawful deputy.

Subs.(3) rep. in pt. by SLR 1973; SI 1973/2163 art.14(2) sch.6,
residue amends 1868 c.24

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 47
Interpretation.

47.(1) For the purposes of this Act, unless the contrary intention
appears, the following expressions have the meaning hereby
respectively assigned to them, that is to say

"governor" includes the person for the time being in charge of any
prison;

"intoxicating liquor" includes any fermented, distilled or spirituous
liquor which under the law for the time being in force is subject
to an excise duty;

"land" includes land covered by water and any estate or interest in
land;

"Minister" means the Minister of Home Affairs for Northern Ireland;

"Ministry" means the Ministry of Home Affairs for Northern Ireland;

"prison" includes any prison... or other institution for the
treatment of offenders not being a remand home or training school
within the meaning of the Children and Young Persons Act (Northern
Ireland), [1968];

"prisoner" includes any person lawfully committed to any prison.

(2) A reference in this Act to any institution for the treatment
of offenders shall be construed as including a reference to all
land and buildings used for the purposes of or in connection with
that institution.

(3) For the purposes of this Act, a person committed to prison in
default of payment of a sum adjudged to be paid by a conviction
shall be treated as undergoing a sentence of imprisonment for the
term for which he is committed, and consecutive terms of
imprisonment shall be treated as one term.

Subs.(4)(5) rep. by 1954 c.33 (NI) s.48 sch.

S.48 rep. by SLR 1973

PRISON ACT (NORTHERN IRELAND) 1953 - SECT 49
Short title.

49.(1) This Act may be cited as the Prison Act (Northern Ireland),
1953.

Subs.(2) rep. by SLR 1973

First Schedule rep. by 1968 c.29 (NI) s.35(3) sch.5 Pt.I. Second
Schedule rep. by 1968 c.29 (NI) s.35(3) sch.5 Pt.I; 1980 NI10
art.4(3) sch.3. Third Schedule rep. by 1968 c.29 (NI) s.35(3) sch.
5 Pt.I. Fourth Schedule rep. by 1980 NI10 art.4(3) sch.3. Fifth
Schedule rep. by SLR 1973