Prisons Act, 1972 (Military Custody) Regulations, 1972.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Prisons Act, 1972 (Military Custody) Regulations, 1972.
(2) These Regulations shall come into operation at 4 p.m. on the 30th day of May, 1972.
2 Definitions.
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paragraphs: In these Regulations:—
(i) "the Minister" means the Minister for Defence;
(ii) "the Chief of Staff" means the Chief of Staff of the Defence Forces;
(iii) "the Adjutant-General" means the Adjutant-General of the Defence Forces;
(iv) "the Provost Marshal" means the Provost Marshal of the Defence Forces;
(v) "the Governor" means the officer of the Defence Forces appointed by the Chief of Staff to command and administer any of the places specified in Part I of the Appendix to these regulations and includes any commissioned officer authorised to act on behalf of the Governor;
(vi) "prisoner" means a person transferred to military custody under the provisions of section 2 of the Prisons Act, 1972 ;
(vii) "visiting committee" means a visiting committee constituted under the provisions of the Prisons (Visiting Committees) Act, 1925 , as applied by the Prisons Act, 1972 .
3 Places in which persons may be kept in military custody.
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paragraphs: The places (in these regulations referred to as "prisons") in which persons transferred to military custody may be kept in military custody are specified in the Appendix to these regulations.
PART II. GENERAL REGULATIONS FOR THE GOVERNMENT OF PRISONS SPECIFIED IN PART I OF THE APPENDIX.
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paragraphs: APPLICATION OF PART II.
4 Application of general regulations.
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paragraphs: The regulations in this Part apply to all prisons specified in Part I of the Appendix to these Regulations but are subject to the special regulations in Part III hereof as to particular classes of prisoners.
5 Command and Administration.
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paragraphs: (1) The prisons specified in Part I of the Appendix to these Regulations shall be under the command and administration of the Governor.
(2) The Governor shall be assisted by a Medical Officer and such other prison staff as shall be provided.
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paragraphs: ACCOMMODATION.
6 Cells.
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paragraphs: A cell shall not be used for the separate confinement of a prisoner unless it is certified by the Minister to be of such a size, and to be lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the prisoner to communicate at any time with a member of the prison staff.
7 Occupation of separate cell.
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paragraphs: Each prisoner shall occupy a cell by himself by day and by night (except as otherwise directed). If, for medical reasons or in other special circumstances, it is necessary that prisoners be associated, not fewer than three prisoners may be located in one room, in which each shall be supplied with a separate bed.
8 Infirmary.
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paragraphs: A proper place for the reception of sick prisoners shall be provided.
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paragraphs: GENERAL TREATMENT.
(I) Admission, Discharge and Removal.
9 Searching.
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paragraphs: (1) Every prisoner shall be searched on admission and at such times subsequently as may be directed, and all prohibited articles shall be taken from him.
(2) The searching of a prisoner shall be conducted with due regard to decency and self-respect and in as seemly a manner as is consistent with the necessity of discovering any concealed article.
(3) No prisoner shall be stripped or searched in the presence of another prisoner.
10 Medical examination on admission.
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paragraphs: Every prisoner shall, as soon as possible after his admission, be separately examined by the medical officer, who shall record the state of health of the prisoner, and such other particulars as may be directed.
11 Bath.
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paragraphs: Every prisoner shall take a bath on reception, unless it is otherwise directed in any particular case by the governor or medical officer.
12 Vermin or infectious etc., disease.
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paragraphs: (1) If the medical officer finds that any prisoner on admission to or while in prison is suffering from an infectious or contagious disease he shall at once report the fact in writing to the Governor, and shall take the necessary steps for the prisoner's treatment and for the prevention of the spread of the disease to other prisoners.
(2) If a prisoner, on admission, is found to be in a verminous condition, the necessary steps shall be taken without delay to deal with such condition, the medical officer being consulted if necessary.
13 Record of measurements and other particulars.
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paragraphs: The name, age, height, weight, features, particular marks, general appearance, and such other measurements and particulars as may be required in regard to a prisoner shall, upon his admission, and from time to time, be recorded in such manner as may be directed.
14 Photographing of prisoner.
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paragraphs: Prisoners, on reception and subsequently, may, in accordance with regulations, be measured and photographed and finger and palm prints may be taken but no copy of any such photograph or print shall be given to any person unless he is officially authorised to receive it.
15 Prisoner's property.
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paragraphs: All money and other effects brought into the prison by any prisoner, or sent to the prison for his use, which he is not allowed to retain, shall be placed in the custody of the Governor, who shall keep an inventory of them.
16 Notification of Regulations to prisoners.
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paragraphs: (1) The Governor shall cause an abstract, approved by the Minister, of the regulations relating to the treatment and conduct of prisoners, with a copy of the prison dietaries (printed in legible characters) to be posted in each cell, and shall read them or cause them to be read to every prisoner who cannot read, within 24 hours after his admission.
(2) The Governor shall take an early opportunity of seeing all prisoners after their admission, and satisfying himself that they understand the regulations to which they are required to conform, the privileges they may gain by industry and good conduct, and the consequences of idleness and misconduct.
17 Medical examination on removal or discharge.
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paragraphs: Every prisoner shall be examined by the medical officer before being removed to any other prison, or being discharged from prison. No prisoner shall be removed to any other prison unless the medical officer certifies that he is fit for removal; and no prisoner labouring under any acute or dangerous illness shall be discharged from prison until, in the opinion of the medical officer, the discharge is safe, unless the prisoner refuses to remain in the prison.
18 Removal to or from prison.
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paragraphs: A prisoner shall be exposed to public view as little as possible while being removed from or to prison. In order to avoid exposure while passing through the public streets, he shall, if necessary, be conveyed in a closed vehicle.
19 Application of gratuity on discharge.
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paragraphs: Any gratuity granted to a prisoner on his discharge may be paid through a Prisoners' Aid Society, or in such manner and under such conditions as the Minister may order for the purpose of preventing its being misapplied.
(II) Prohibited Articles.
20 Prohibited articles.
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paragraphs: (1) No prisoner shall have in his possession any unauthorised article.
(2) No person shall without authority convey or introduce into a prison or convey or throw out of a prison, or convey to any prisoner. or deposit with a view to its coming into the possession of any prisoner, any money, clothing, food, drink, tobacco, letter, paper, book, tool, or other article whatever. Anything so conveyed, deposited, or thrown out without authority, may be retained by the Governor.
21 Spirituous and fermented liquors.
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paragraphs: A prisoner shall not be allowed to receive any intoxicating liquor except under a written order from the medical officer to be entered in his journal specifying the quantity and description and the name of the prisoner for whose use it is intended or in pursuance of special regulations. Any stock of such liquors kept in the prison for medical use shall be under the sole control of the medical officer.
22 Smoking of tobacco.
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paragraphs: No prisoner shall be allowed to smoke or to have in his possession any tobacco except in accordance with such instructions as may be given by the Governor with the approval of the Minister.
(III) Food, Clothing and Bedding.
23 Food.
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paragraphs: All prisoners shall be supplied with a sufficient quantity of plain and wholesome food in accordance with such dietary tables as may from time to time be approved by the Minister.
24 Complaints as to diet.
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paragraphs: A prisoner who has any complaint to make regarding the diet furnished to him, or who wishes his diet to be weighed or measured for the purpose of ascertaining whether he is supplied with the proper quantity, must make his request as soon as possible after the diet is handed to him, and it will be weighed or measured in his presence, and in that of the officer deputed for that purpose. Repeated complaints of a groundless nature made by any prisoner under colour of this regulation, with the evident purpose of giving annoyance or trouble, shall be treated as a breach of prison discipline, and the offender will be liable to punishment accordingly.
25 Alterations in food.
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paragraphs: The diet of any individual prison, not being a patient in the infirmary, may be increased or altered, or in the case of any prisoner who persistently wastes his food, may be reduced, on the written recommendation of the medical officer. Any special recommendation that a prisoner, not being under medical treatment in the infirmary, shall have additional food, shall be entered by the medical officer in a book which shall be submitted to the Governor.
26 Quality of provisions.
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paragraphs: The Governor shall consult the medical officer respecting the quality of the provisions furnished to the prisoners.
27 Restrictions as to food, clothing, etc.
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paragraphs: A prisoner shall not receive any food, clothing, bedding, or necessaries other than the prison allowance, except by special permission.
28 Prison dress.
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paragraphs: (1) A prisoner sentenced to a term of imprisonment not exceeding two years may, at the discretion of the Governor, be permitted to wear his own clothes.
(2) Every prisoner not wearing his own clothes, as allowed by the preceding clause, shall wear such clothing as shall be provided for him pursuant to the Minister's directions.
(3) When a prisoner is allowed to wear his own clothing, the medical officer may order that the clothing be disinfected, and during the progress of disinfection the prisoner will be required to wear the clothing referred to in the preceding clause.
29 Return of prisoners' clothes on discharge.
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paragraphs: On the discharge of a prisoner, his own clothes shall be returned to him unless it has been found necessary to destroy them, in which case he shall be provided with suitable clothing.
30 Clothing of prisoners sentenced to penal servitude.
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paragraphs: Clothing which is not to be kept until his discharge for a prisoner serving a sentence of more than two years may be given on his written authority to his friends, or if he so signifies in writing, may be sold and the amount realised placed to his credit, and in such case he shall be provided with suitable clothing on discharge.
31 Clothing and Bedding.
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paragraphs: Every prisoner shall be supplied with sufficient bedding, and such additional clothing and bedding may be issued during severe weather, or, in special cases, as the medical officer may deem requisite. A prisoner shall not in any circumstance be required to sleep without a mattress.
(IV) Cleanliness.
32 Regulations as to cleanliness.
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paragraphs: (1) A prisoner shall keep himself clean and decent in his person and dress, and conform to such regulations as may be laid down for that purpose.
(2) Every prisoner shall obey such regulations as regards washing, bathing, and hair cutting, as may be from time to time prescribed with a view to the maintenance of health and cleanliness.
(3) A prisoner shall not be stripped or bathed in the presence of any other prisoner.
33 Cell Utensils, Bedding, etc.
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paragraphs: Each prisoner shall keep his cell, utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged, and shall clean and sweep the yards, passages, and other parts of the prison as may be directed.
(V) Privileges etc.
34 Privileges and Gratuities.
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paragraphs: (1) There shall be established a progressive system of privileges and every prisoner shall have the opportunity of benefiting by it.
(2) Prisoners whose conduct and industry are good may be paid gratuities at rates prescribed by the Minister with the approval of the Minister for Finance.
35 Remission of sentence.
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paragraphs: (1) A convicted prisoner sentenced to imprisonment, whether by one sentence or cumulative sentences, for a period exceeding one calendar month, shall be eligible, by industry and good conduct, to earn a remission of a portion of his imprisonment, not exceeding one-fourth of the whole sentence, provided that the remission so granted does not result in the prisoner being discharged before he has served one month.
(2) A male prisoner sentenced to penal servitude shall be eligible by special industry and good conduct to earn remission of a portion of his sentence not exceeding one-fourth of the whole sentence.
36 Amelioration of conditions of imprisonment.
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paragraphs: In the case of any prisoner sentenced to imprisonment whose previous character is good, and who has been committed to prison for an offence not involving dishonesty, cruelty, indecency, or serious violence, the Minister may allow such amelioration of the conditions prescribed in these regulations as he may approve.
37 Privileges for prisoners sentenced to long terms of penal servitude.
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paragraphs: Every prisoner undergoing a sentence of penal servitude in excess of ten years may, as soon as he has served seven and one half years, be permitted by the Minister to receive such privileges as may from time to time be approved, regard being had to his general character and antecedents and his conduct and industry in prison. A prisoner who abuses any such privilege or who behaves badly will be liable to be deprived of the privilege in addition to any punishment awarded him under these regulations.
(VI) Employment.
38 Restrictions on employment of prisoners.
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paragraphs: A prisoner may be employed in the service of the prison, but shall not be employed in the discipline thereof, or in the service of any member of the prison staff, or in the service or education of any other prisoner.
39 Employment of prisoners.
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paragraphs: (1) Every convicted prisoner unless excused by the medical officer on medical ground, shall from the beginning of his sentence be required to work during such number of hours, not more than ten or less than six (exclusive of meals), in each day as may be prescribed and shall be liable to punishment for neglect of work. He shall be employed in some useful industry if practicable, and may, if necessary, be required to work in association, and he shall be eligible for such privileges as can be gained by industry with good conduct.
(2) No prisoner shall be required to perform any class of work unless certified by the medical officer as fit for such work.
40 All labour if possible to be productive and Visiting Committee to be consulted.
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paragraphs: (1) The labour of all prisoners shall, if possible, be productive, and the trades and industries taught and carried on shall, if practicable, be such as may fit the prisoner to earn his livelihood on release.
(2) In the employment of prisoners, regard shall be had to any advice or suggestions that the Visiting Committee may think fit to offer on the subject.
41 Employment on Sundays, etc.
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paragraphs: A prisoner shall not be employed at unnecessary work on Sundays, Christmas Day, Good Friday, 1st and 6th January, 17th March, Ascension Day, the first Thursday after Trinity Sunday, 29th June, 15th August, 1st November, 8th December, and days appointed for a general fast or thanksgiving. A prisoner who is not a member of the Christian faith shall not be required to work on the recognised days of religious observance of the religion to which he belongs.
42 Medical examination of hard labour prisoners.
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paragraphs: The medical officer shall from time to time examine all prisoners employed at prison labour during the time of their being so employed, and shall enter in his journal the name of any prisoner whose health he thinks to be endangered by a continuance at labour, and thereupon that prisoner shall not again be employed at such labour until the medical officer certifies that he is fit for such employment.
(VII) Health.
43 Exercise and drill.
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paragraphs: (1) A prisoner, when employed at indoor work, shall, when practicable, take walking exercises daily in the open air for one hour, or for any longer period which the medical officer may deem necessary for his health, having regard to the nature of the work and the state of health of any particular prisoner. Means shall be provided, if possible, for exercise to take place, in wet weather, under cover.
(2) A prisoner may be exercised at physical drill unless the medical officer considers him unfit for such exercise.
(VIII) Religious Instruction.
44 Religious Instruction.
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paragraphs: Adequate provision shall be made for religious ministration to all prisoners.
45 Religion of Prisoners.
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paragraphs: Every prisoner shall be required on reception to state his religious denomination, which will be entered in the Register of Prisoners. He shall be required to attend the services of that denomination whenever performed unless and until the Minister is satisfied that the prisoner had good grounds for desiring that the registration of his religious denomination should be altered. A prisoner may be allowed by the Governor to be absent from any religious service for sufficient reason.
46 Absentees from Religious Service.
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paragraphs: The Governor shall deliver or cause to be delivered to chaplains lists of prisoners of their denomination absent from religious service with a statement of the causes of their absence.
47 Prisoners to attend their own Service only.
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paragraphs: No prisoner shall be compelled to attend any religious service held or performed, or any religious instruction given, by the chaplain, clergyman, or religious instructor of a Church or persuasion to which the prisoner does not belong.
48 Visits by ministers of particular denominations.
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paragraphs: If any prisoner who is of a religious persuasion for which there is no prison chaplain so requests, the Governor shall permit a clergyman or religious instructor of that persuasion to visit him at proper and reasonable times, under regulations approved by the Minister. The Governor shall cause such prisoners to be made acquainted with this privilege on their admission.
49 Religious Books.
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paragraphs: No books or printed papers intended for the religious instruction of prisoners shall be admitted but those chosen by the chaplain of the persuasion to which the prisoner belongs; provided that, in case there may be a difference of opinion between the chaplain and the Minister with respect to books or papers proposed to be admitted for the religious instruction of a prisoner, reference shall be had to his bishop or constituted ecclesiastical authority, whose decision shall be final; and, subject to such permission of the Minister as aforesaid, all books or printed papers admitted into any prison for the religious instruction of prisoners belonging to any other persuasion, and who are visited by a clergyman of such persuasion, shall be approved by such clergyman.
50 Issue of Bibles, etc.
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paragraphs: Each prisoner shall be furnished with a Bible and Prayer Book approved by the chaplain or visiting clergyman of the denomination to which he belongs.
(IX) Secular Instruction.
51 Provision for Instruction.
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paragraphs: (1) Provision shall be made in every prison for the instruction of prisoners in reading, writing, and arithmetic, during such hours and to such extent as may be appointed.
(2) Every prisoner eligible for instruction shall be kept from labour and shall attend instruction for not less than four hours in each week.
52 Penalties for failure to profit by instruction.
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paragraphs: Prisoners who do not do their best to profit by the instruction afforded them may be deprived of any privileges in the same way as if they had been idle or negligent at labour.
53 Library books and books of instruction.
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paragraphs: (1) A library shall be provided in each prison, consisting of books sanctioned by the Minister, and no books other than those supplied to the prison library shall be permitted for the use of prisoners, except in pursuance of special authority.
(2) A prisoner shall, in addition to the usual books of instruction, secular and religious, be allowed other library books, and the frequent exchange of such books shall be allowed according to his conduct and industry.
54 Books and printed papers.
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paragraphs: Except as provided by special regulations, no books or printed papers shall be admitted into any prison for the use of the prisoners except by permission of the Minister.
55 Catalogue.
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paragraphs: The Governor shall keep a catalogue of all books and printed papers admitted into the prison.
(X) Visits and Communications.
56 General provision as to visits and letters from friends, legal advisers, etc.
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paragraphs: (1) Communications between prisoners and their relatives and respectable friends by visits and letters will be allowed in accordance with the following regulations, subject to restrictions imposed for the maintenance of discipline and order in the prison.
(2) A prisoner will not be allowed to communicate with his friends when not entitled to do so by the regulations, except by special permission; but, under urgent or pressing circumstances not admitting of delay, the Governor may grant permission, which he shall record in his journal.
(3) A prisoner on conviction may be allowed to communicate at any reasonable time with his legal adviser and be visited by him for the purpose of entering or prosecuting an appeal against his conviction or sentence. For the purposes of this and any special regulation "legal adviser" means the prisoner's counsel or solicitor or the authorised clerk of such counsel or solicitor.
(4) A prisoner on conviction may immediately on reception into prison under sentence, be allowed a visit from his relatives or respectable friends or to communicate with them by letter if, in the opinion of the Governor, such a course is necessary. Afterwards he shall be allowed to communicate with his relatives and respectable friends by letter and to be visited by them in the prison at such times as may be prescribed by the Minister. Not more than three persons shall be admitted to visit a prisoner at one time. No other person shall be allowed to communicate with a prisoner except by special authority. These privileges may be forfeited at any time for misconduct or breach of regulations of the prison.
(5) In addition to the above privileges, the Governor may allow any prisoner, entitled to write a letter, to receive a visit in lieu thereof; and may allow any prisoner entitled to a visit to write a letter and receive a reply in lieu of such visit, should his friends be unable to visit him; and also may allow any prisoner to write a special letter and to receive a reply under any of the following circumstances:—
(a) The death or dangerous illness of a near relative;
(b) To give instructions as to his business of family affairs of an urgent nature;
(c) To make arrangements for obtaining employment or assistance from friends on release.
(6) The Governor may at any time communicate to a prisoner or to his friends, any matter of importance to such prisoner, in case he should not be entitled to write or receive a letter.
(7) A barrister or solicitor conducting any legal proceedings civil or criminal, in which a prisoner is a party, or bona fide acting as a legal adviser to the prisoner in any legal business, shall be allowed to see the prisoner with reference to such business in the sight but not in the hearing of a member of the prison staff.
(8) Prisoners shall be visited in the presence of a member of the prison staff.
(9) No person shall be allowed to visit a prisoner on a Sunday, except in cases of emergency.
(10) When a prisoner is eligible to receive a visit the Governor shall, at the prisoner's request, notify such friends of the prisoner as the prisoner may desire to visit him.
(11) Visitors to a prisoner shall be admitted only to the place appropriated for the purpose, except in special cases under the authority of the Minister, and in the case of a prisoner reported by the medical officer to be seriously ill, who may be visited elsewhere by any near relative or friend or by a written order of the Governor.
57 Powers of Governor as to visitors.
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paragraphs: (1) The Governor may demand the name and address of any visitor to a prisoner; and when he has ground for suspicion may search visitors or cause them to be searched; provided, however, that female visitors shall be searched only by females; the search not to be in the presence of any prisoner or of another visitor; and, in case of any visitor refusing to be searched, the Governor may deny him or her admission. The Governor shall enter in his journal the grounds of any such proceedings, with the particulars thereof.
(2) If there are reasonable grounds for suspecting that any person who comes to the prison for the purpose of seeing a prisoner brings in or takes out any articles for an improper purpose, or contrary to the prison regulations, or that his conduct may tend to subvert the discipline or good order necessary to be maintained in the prison, the Governor may suspend his visit and remove him from the prison, duly recording the fact in his journal, and reporting it to the Minister through the Adjutant-General.
58 Notice re prohibited articles.
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paragraphs: A copy of the regulation regarding the introduction of prohibited articles shall be exhibited in the place set apart for visits and before the prisoner is introduced the attention of the visitor shall be called thereto.
59 Visits by officers of police.
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paragraphs: A member of the Garda SÃ­ochÃ¡na may visit prisoners for the purpose of identification on production of a Court order or the authority in writing of an officer of the Garda SÃ­ochÃ¡na not below the rank of Superintendent. If so authorised by such officer he may also, with the approval of the Minister, visit on matters connected with police duties, any prisoner who is willing to see him, the visit to be in the sight and hearing of a member of the prison staff.
60 Prisoners' letters.
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paragraphs: Every letter to or from a prisoner shall be read by the Governor, or other member of the prison staff deputed by the Governor, and initialled by him; and if the contents are objectionable, it shall not be forwarded, or the objectionable part shall be erased, according to discretion. The Governor shall use his discretion in communicating to or withholding from a prisoner at any time the contents of any letter addressed to the prisoner, but shall note in his journal every case in which he thinks it proper to withhold a letter which, according to the regulations, might be communicated to or written by a prisoner.
61 Communication by prisoners committed in default of payment of money.
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paragraphs: Any person committed to prison in default of the payment of any sum which in pursuance of any conviction or order he is required to pay, shall be allowed to communicate by letter with and to see any of his friends, at any reasonable time, for the bona-fide purpose of providing for such payment.
62 Intercourse between prisoners.
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paragraphs: Prisoners may be permitted to communicate with one another while at work or recreation if such intercourse is conducted in an orderly manner and does not impede the work on which prisoners are engaged. This privilege may be withdrawn by the Governor should he consider it necessary to do so in the interest of good order in the prison.
(XI) Offences and Punishments.
63 Persons authorised to award punishments.
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paragraphs: (1) No punishment or privation of any kind shall be awarded to a prisoner by any member of the prison staff except the Governor, or, in his absence, the officer authorised to act for him.
(2) Particulars of all punishments awarded by either the Governor or the Visiting Committee, showing the nature of the offence, the name of the offender, the date of the offence, and the amount of punishment inflicted, shall be immediately reported to the Minister through the Adjutant-General and shall also be recorded in the punishment book.
64 Opportunities for defence.
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paragraphs: Before a report of misconduct against a prisoner is dealt with he shall be informed of the precise nature of the offence for which he has been reported and shall not be punished until he has had an opportunity of hearing the evidence against him and of being heard in his defence.
65 Offences against prison discipline and powers of Governor in respect thereof.
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paragraphs: (1) A prisoner shall be guilty of a breach of prison discipline if he—
(1) Disobeys any order of the Governor or of any member of the prison staff or any prison regulation.
(2) Treats with disrespect any member of the prison staff or any visitor, or any person employed in connection with the prison.
(3) Is idle, careless, or negligent at work, or refuses to work.
(4) Is absent without leave from divine service, or prayers, or school instruction.
(5) Behaves irreverently at divine service or prayers.
(6) Swears, curses, or uses any abusive, insolent, threatening, or other improper language.
(7) Is indecent in language, act or gesture.
(8) Commits a common assault upon another prisoner or any other person.
(9) Converses or holds intercourse with another prisoner without authority.
(10) Sings, whistles, or makes any unnecessary noise, or gives any unnecessary trouble.
(11) Leaves his cell or other appointed location, or his place of work, without permission.
(12) In any way disfigures or damages any part of the prison, or any article to which he may have access.
(13) Commits any nuisance.
(14) Has in his cell or possession any unauthorised article or attempts to obtain such article.
(15) Gives to or receives from any person any unauthorised article whatever.
(16) In any other way offends against good order and discipline.
(17) Attempts to do any of the foregoing things.
(2) The Governor may examine any person touching any alleged breach of prison discipline, and determine thereupon and punish the offence.
66 Punishments which may be imposed by governor.
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paragraphs: (1) For any breach of prison discipline with which the Governor is competent to deal, he may order a prisoner to be punished by any one or more of the following:—
(a) Close confinement for any period not exceeding three days.
(b) D1 diet for ill-conducted and idle prisoners for a period not exceeding three days; D2 diet for ill-conducted and idle prisoners for a period not exceeding 14 days.
(c) Forfeiture of remission of sentence for a period not exceeding 14 days.
(d) Suspension of any privileges for a period not exceeding two months.
(2) In addition or in lieu of the punishment referred to in paragraph (1) of this regulation, the Governor, in the case of a prisoner under sentence of penal servitude, may order that he be punished by one or both of the following:—
(a) Separate confinement at labour for a period not exceeding 28 days of which period any period of close confinement awarded at the same time shall form part.
(b) Suspension of any privilege for a period not exceeding three months.
67 Medical Certificates.
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paragraphs: Dietary punishment shall not be inflicted on any prisoner nor shall he be placed in close confinement, unless the medical officer has certified that the prisoner is in a fit condition of health to undergo the punishment.
68 Special inquiries by order of the Minister, and punishments which may be imposed.
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paragraphs: Where a prisoner is reported to the Minister for an alleged breach of prison discipline, the Minister, having caused an inquiry to be held in the matter, may, if satisfied that the allegation is well-founded, order him to be punished by one or more of the following:—
(a) Close confinement for a period not exceeding 14 days.
(b) Dl diet for ill-conducted and idle prisoners for a period not exceeding 15 days, with intervals as laid down in the rules for prison dietaries;
(c) D2 diet for ill-conducted and idle prisoners for a period not exceeding 42 days, with intervals as laid down in the rules for prison dietaries;
(d) Forfeiture of remission of sentence for a period not exceeding 28 days;
(e) Suspension of any privilege for a period not exceeding six months;
and, in the case of a breach of prison discipline involving mutiny or incitement to mutiny, gross personal violence to any member of the prison staff, or any other act of serious misconduct or insubordination requiring to be suppressed by extraordinary means, he may, in addition to or in lieu of any of these punishments, order him to be punished by one or both of the following—
(i) Close confinement for a period not exceeding 28 days;
(ii) Separate confinement for a period not exceeding nine months.
(XII) Restraints.
69 Prohibition of restraint as a punishment.
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paragraphs: No prisoner shall be put in irons or under mechanical restraint as a punishment.
70 Use of mechanical restraint.
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paragraphs: No prisoner shall be put in irons or under mechanical restraint by the Governor except in case of urgent necessity, and when necessary for the purposes of restraint, and the particulars of every such case shall be forthwith entered in the Governor's journal, and notice forthwith given thereof to one of the Visiting Committee, and reported to the Minister through the Adjutant-General.
71 Duration of and recording of restraint.
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paragraphs: No prisoner shall be kept in irons or under mechanical restraint for more than 24 hours without an order in writing from a member of the Visiting Committee specifying the cause thereof, and the time during which the prisoner is to be kept in irons or under mechanical restraint, which order shall be preserved by the Governor as his warrant.
72 Forms of restraint.
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paragraphs: Irons or other means of restraint shall not be used except of such patterns and in such manner as may be approved by the Minister.
73 Confinement in padded cells.
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paragraphs: The Governor may order any refractory or violent prisoner or prisoner of suicidal tendencies to be temporarily confined in a special padded cell, but a prisoner shall not be confined in such a cell as a punishment, nor for a longer period than is absolutely necessary. A report regarding such confinement shall in every case be submitted to the Minister through the Adjutant-General.
(XIII) Prisoners Under Sentence of Death.
74 Regulations as to prisoner under sentence of death.
num: 74
paragraphs: Every prisoner under warrant or order for execution shall, immediately on his arrival in the prison after sentence, be searched by or by the order of the Governor, and all articles shall be taken from him which the Governor deems dangerous or inexpedient to leave in his possession. He shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the constant charge of two members of the prison staff. He shall be allowed such a dietary and amount of exercise as the Governor, with the approval of the Minister, may direct. The chaplain shall have free access to every such prisoner of his own religious persuasion, and free access shall be allowed to any clergyman whom such prisoner desires to see. With the above exceptions, no person, not being a member of the Visiting Committee or a member of the prison staff shall have access to the prisoner except in pursuance of an order under regulation 76 hereof.
75 Exclusion of strangers from prison before and during execution.
num: 75
paragraphs: During the preparation for an execution and the time of the execution no person shall enter the prison unless legally entitled to do so.
76 Visits and conferences.
num: 76
paragraphs: (1) A prisoner under sentence of death may be visited by such of his relations, friends and legal advisers as he desires to see, and are authorised to visit him by an order in writing from the Minister or a member of the Visiting Committee.
(2) If any person makes it appear that he has important business to transact with a prisoner under sentence of death, the Minister or a member of the Visiting Committee may grant permission in writing to that person to have a conference with the prisoner.
num: 4
paragraphs: PRISON STAFF.
(I) General.
77 Communication as to prisoners or prison matters forbidden.
num: 77
paragraphs: (1) A member of the prison staff shall not make any unauthorised communication concerning the prison or prisoners to any person whatever, and shall not without authority communicate to the public press information derived from official sources or connected with his duties or the prison, and any such communication without authority will be regarded as a breach of confidence.
(2) A member of the prison staff shall not publish a book on matters relating to the prison without the sanction of the Minister.
78 Sanitary condition of prison.
num: 78
paragraphs: Every member of the prison staff shall forthwith report any defect in the washing places, baths, or other provision for purposes of cleanliness or sanitation, as well as any defect or insufficiency in any of the buildings or walls, which may affect the safe custody of prisoners or the maintenance of discipline and order among them.
79 Duties as to employment of prisoners.
num: 79
paragraphs: A member of the prison staff shall not allow any prisoner under his charge to be employed, directly or indirectly, for the private benefit or advantage of any person, or in any way not in conformity to the prison regulations.
80 Duties as to prisoners out of health.
num: 80
paragraphs: It is the duty of every member of the prison staff to direct the attention of the Governor to any prisoner who appears to be out of health, although he does not complain, or whose state of mind appears to be deserving of special notice and care, in order that the opinion and instructions of the medical officer may be taken on the case.
81 Complaints and requests of prisoners.
num: 81
paragraphs: A member of the prison staff shall without delay inform the Governor of any prisoner who desires to see him, or to make any complaint or to prefer any request to him or to any superior authority.
82 Regulations as to striking prisoners or using force or inflicting punishment.
num: 82
paragraphs: (1) A member of the prison staff shall not strike a prisoner unless compelled to do so in self-defence.
(2) In any case in which the application of force to a prisoner is needful, no more force than is necessary shall be used.
(3) A member of the prison staff shall not inflict any punishment or privation of any kind upon any prisoner unless ordered by the Governor.
83 Duties as to reporting misconduct.
num: 83
paragraphs: A member of the prison staff shall make an immediate report to the Governor, or other superior officer, of any misconduct, abuse, impropriety, or wilful disobedience of orders.
84 Dealings with prisoners.
num: 84
paragraphs: A member of the prison staff shall not have any pecuniary or other dealing whatsoever with or on behalf of any prisoner, or employ any prisoner on his private account.
85 Prohibition of sale to prisoners.
num: 85
paragraphs: A member of the prison staff shall not sell or let, nor allow to be sold or let, nor be interested in the selling or letting of, any article to any prisoner.
86 Familiarity with prisoners or intercourse with their friends forbidden.
num: 86
paragraphs: (1) A member of the prison staff shall not allow any familiarity on the part of a prisoner towards himself or any other member of the staff; nor shall he on any account speak of his duties, or of any matters of discipline or prison arrangement, within the hearing of a prisoner.
(2) A member of the prison staff shall not speak to a prisoner unnecessarily, nor shall he, by word, gesture, or demeanour, do anything which may tend to irritate any prisoner.
(3) A member of the prison staff shall not correspond with or hold any intercourse with the friends or relatives of any prisoner, unless expressly authorised by the Governor.
(4) A member of the prison staff shall not correspond with or hold any intercourse with persons who have been discharged from prison, or with their friends or relatives regarding them, unless for some proper reason and when authorised by the Governor.
(II) Governor.
87 Absence from prison
num: 87
paragraphs: The rules which apply in the case of military prisons and detention barracks where the Governor is unable to continue in the exercise of his powers and duties shall apply in relation to the absence of the Governor from the prison.
88 Duties as to books and records.
num: 88
paragraphs: (1) The Governor shall keep and be responsible for such books and records as may from time to time be prescribed.
(2) The Governor shall enter in a book, called the "governor's order book", all his orders relative to the management and discipline of the prison, and shall cause such orders to be communicated to the proper members of the prison staff.
(3) The Governor shall keep a journal written with his own hand and record in it every occurrence of importance or of an unusual nature with the hour thereof. The entry shall be made within 12 hours of the occurrence.
(4) In the Governor's absence the books, records, and journal shall be kept by the officer acting in his place.
89 Omission of any duty to be recorded in journal.
num: 89
paragraphs: If the Governor omits to perform any duty or routine prescribed, he shall record the omission in his journal with the cause thereof.
90 Duties as to prevention of fire.
num: 90
paragraphs: The Governor shall take care that proper precautions against fire are adopted, and that the appliances for the extinction of fire are at all times kept in good order and ready for use. He shall take care that instructions are given as to the steps to be taken in case of fire, and that the members of the prison staff concerned are acquainted with their duties on such occasions.
91 Admission of persons to the prison.
num: 91
paragraphs: (1) The Governor shall not allow any person other than the Chief Justice, a Judge of the Supreme or High Court, a Minister of State or the Bishops of the diocese to view the prison except as provided by statute, or by an order from the Minister, or unless authorised according to instructions which may be issued by him, and shall be careful that no visitor holds any communication with any prisoner unless duly authorised to do so.
(2) The Governor shall not allow any person, except the authorised members of the prison staff, to pass into or out of the prison between the hours at which the gates are locked for the night and the hour appointed for opening the prison on the following morning, except in some special case, which latter shall be entered in his journal.
(3) The Governor may examine all persons going into or out of the prison and may exclude any person who refuses to be examined.
(4) The Governor may remove from the prison any visitor to the prison or to a prisoner whose conduct is improper, recording the fact in his journal.
92 Searching of Prison employees.
num: 92
paragraphs: (1) Whenever the Governor of any prison suspects that any statute, regulation or by-law for the time being in force in relation to such prison is being or has been or is about to be contravened he may search or cause to be searched any person employed in such prison and any vehicle in such prison or the vicinity thereof, and any box, parcel or other package contained in such vehicle, and may for the purpose of any such search, use or cause to be used such force as he shall consider to be necessary.
(2) No female shall be searched otherwise than by another female.
93 Duties as to communicating with the Minister, etc.
num: 93
paragraphs: (1) The Governor shall freely and confidentially communicate with the Minister through the Adjutant-General on all matters relating to the prison, apprising him of any occurrence of importance; and, in case of any emergency not sufficiently provided for in the regulations, he shall apply to him, and conform to his orders; acting, if necessary in the meantime, to the best of his own judgment, according to the circumstances of the case.
(2) The Governor may at any time offer any suggestion for the improvement or for the advantage of the service, and need not reserve it for his annual report.
94 Annual report.
num: 94
paragraphs: The Governor shall submit to the Minister through the Adjutant-General as soon as possible after the 31st December in each year, a report in writing specifying, with reference to the year ended on that date, the number of prisoners admitted to his custody, and their disposal; the conduct of the prisoners, and the number of punishments and restraints imposed on them; the number of escapes or attempts at escape; the labour in which the prisoners have been employed; the particulars of their labour and the value thereof; the state and conditions of the building, fences, &c., the repairs or alterations which have been made in the prison buildings; and such other particulars as may be directed.
95 Duty to conform to law and regulations.
num: 95
paragraphs: The Governor shall strictly conform to the law relating to prisons and to the prison regulations, and shall be responsible for the due observance of them by others.
96 Applications or complaints by members of the prison staff.
num: 96
paragraphs: (1) The Governor shall forward to the Minister through the Adjutant-General without delay any report or complaint which any member of the prison staff desires to make to him, and shall on no account suppress it, and he shall forward with it any explanation which it may seem to require.
(2) The Governor shall forward to the Minister through the Adjutant-General any report or complaint against a member of the prison staff, with which he is not competent or willing to deal; but, in every case, the member shall be permitted to see the charge against him, and to reply to it, for the information of the Minister.
97 Duties as to precautions to prevent escape.
num: 97
paragraphs: (1) The Governor shall take every precaution to prevent the escape of prisoners, and shall take care that all members of the prison staff are well instructed as to their duties and responsibilities in this respect and vigilant in fulfilling them.
(2) The Governor shall be present at the unlocking and locking of the prison.
98 Duties as to requiring reports.
num: 98
paragraphs: The Governor shall require reports to be made to him accounting for all prisoners in his custody night and morning at the closing and opening of the prison respectively, at such hours as they go to and return from labour, and at such other times as may be necessary.
99 Duties as to locking up of gates and custody of keys.
num: 99
paragraphs: The Governor shall assure himself that all gates are locked at the proper times, and that all keys of the prison are kept in the authorised place or in the possession of the authorised members of the prison staff, and he shall not allow any key of the prison to be taken outside the gate.
100 Duties as to night visits.
num: 100
paragraphs: The Governor shall, at least once during the week, go through every part of the prison at night time and shall vary the hours of his visits so that they shall be unsuspected; which visits, with the hour and state of the prison at the time, the Governor shall record in his journal.
101 Duties as to inspecting prison and prisoners
num: 101
paragraphs: The Governor shall visit and inspect daily the wards, cells and yards of the prison, also the kitchen and workshops, and every cell or other place in which any prisoner is undergoing punishment or special discipline or charged with any offence, and, as far as practicable, shall see every prisoner once at least in every 24 hours. It shall be his duty to visit daily all prisoners while employed at labour, and see that they are industrious, and that all orders respecting the application of labour are duly enforced; and in default of such daily visits and inspections, he shall state in his journal how far he has omitted them, and the cause thereof.
102 Duties as to prisoners' labour.
num: 102
paragraphs: (1) The Governor shall take care that the labour of all the prisoners is made use of in such a way as to be to the best advantage to the public service, and shall not employ, or allow to be employed, any prisoner in any private work whatever, for himself or for any other member of the prison staff.
(2) The Governor shall promote the useful employment and industrial training of the prisoners.
103 Duties as to education and reformation of prisoners.
num: 103
paragraphs: (1) The Governor shall use his best endeavours to promote the efforts made to advance the education of the prisoners.
(2) The Governor shall assist with his influence and authority the exertions of the chaplain for the reformation of the prisoners.
104 Duties as to sanitary conditions of prison.
num: 104
paragraphs: The Governor shall after consultation with the medical officer, if necessary, take such measures as may be required to ensure that the ventilation, drainage and sanitary system of the prison are maintained in perfect order.
105 Duty as to prisoners requiring medical attention.
num: 105
paragraphs: (1) The Governor shall without delay call the attention of the medical officer to any prisoner whose state of mind or body appears to require attention, and shall carry into effect the written directions of the medical officer respecting alterations of the discipline or treatment of any such prisoner.
(2) The Governor shall notify to the medical officer, without delay, the illness of any prisoner, and shall furnish to him daily a list of the prisoners reported sick in the prison.
106 Duty to visit infirmary daily.
num: 106
paragraphs: The Governor shall visit the infirmary daily and see all prisoners therein, and shall take care that proper arrangements are made for the safe custody of the sick prisoners, and that discipline is maintained, so far as is consistent with the medical treatment prescribed for them. He shall on all occasions support the medical officer in the performance of his duties.
107 Duties as to carrying out recommendations of medical officer.
num: 107
paragraphs: (1) The Governor shall carry into effect the written recommendation of the medical officer for the alteration of the discipline or treatment of any prisoner, or for the supply of any additional articles to any prisoner on medical grounds.
(2) The Governor shall carry into effect the written recommendation of the medical officer for separating from the other prisoners any prisoner labouring or suspected of labouring under any infectious, contagious, or mental disease; and shall immediately take such steps as may be necessary to prevent the spread of any contagious or infectious disease.
108 Dangerous illness of prisoner.
num: 108
paragraphs: (1) In any case in which the sickness of any prisoner has, in the opinion of the medical officer, assumed an aspect of danger, the Governor shall, whenever practicable, inform the relatives of such prisoner thereof.
(2) All prisoners who, in the opinion of the medical officer, are in danger of death, shall be permitted to receive the attendance and spiritual service of any minister of any religious persuasion whom they shall express a wish to see.
109 Notifying cases to chaplain and medical officer.
num: 109
paragraphs: The Governor shall notify to the chaplain and medical officer the case of any prisoner whose life is in danger, or whose state of health in mind or body appears to require their attention.
110 Duty as to notice of death of prisoner.
num: 110
paragraphs: Upon the death of a prisoner the Governor shall give immediate notice thereof to the coroner having jurisdiction, to a member of the Garda SÃ­ochÃ¡na not below the rank of Inspector, to the visiting committee, the Minister, and the nearest relative of the deceased where practicable.
111 Duties as to inquest.
num: 111
paragraphs: (1) The Governor shall see that no member of the prison staff, nor any prisoner, nor any person who is under contract to supply anything for the service of the prison, is a juror on any inquest held on the body of a prisoner who has died in his custody.
(2) The Governor shall supply to the coroner the name of any prisoner who tenders his evidence in the case of an inquest about to be held on the body of any prisoner.
(3) The Governor shall report to the Minister through the Adjutant-General, in respect of any inquest on a prisoner, the finding of the jury or other circumstances which may occur at the inquest.
112 Interment of remains of deceased prisoners.
num: 112
paragraphs: (1) The Governor shall take the necessary measures, in concurrence with the chaplain of the religious persuasion to which the deceased prisoner belonged, for the decent interment of the body, in such burial ground as may be appointed for the purpose, or the body may be handed over to the relatives of the deceased, if they so desire.
(2) The Governor shall keep an accurate register of the burials of all prisoners who may die in the prison, and the chaplain shall, if required, attend at the interment of such prisoners.
113 Duties as to reporting cases of mental or physical disorder.
num: 113
paragraphs: The Governor shall, without delay, report to the Minister through the Adjutant-General any case of insanity or apparent insanity occurring among the prisoners, or any case in which the medical officer is of opinion that the life of any prisoner will be endangered by further imprisonment, or that any sick prisoner will not survive his sentence, or is totally and permanently unfit for prison discipline, or any case in which the medical officer has reason to believe that the mental state of any prisoner is becoming impaired or enfeebled by continued imprisonment.
114 Duties as to reports, complaints, or applications by prisoners.
num: 114
paragraphs: (1) The Governor shall hear the applications of prisoners every day at such hour as may be most convenient.
(2) The Governor shall take care that every prisoner having a complaint to make or request to prefer to him shall have ample facilities for doing so, and he shall redress any grievance, or take such steps as may seem necessary, recording the same in the prescribed manner.
(3) The Governor shall inform the visiting committee of the desire of any prisoner to see them. He shall also inform the Minister through the Adjutant-General of any prisoner who desires to see a member of the Minister's Department.
115 Prisoners under punishment.
num: 115
paragraphs: The Governor shall daily provide for the chaplain and the medical officer a list of prisoners under punishment.
116 Duties as to prisoners under punishment.
num: 116
paragraphs: (1) The Governor shall see that every prisoner under punishment is visited during the day at intervals of not more than three hours by the appointed member of the prison staff.
(2) The Governor shall take care that no prisoner is subjected to any punishment which the medical officer is not satisfied he is capable of undergoing.
117 Condition on which special permission may be granted.
num: 117
paragraphs: Before granting any permission for any purpose to any prisoner by authority of the regulations applicable to the class to which the prisoner belongs, the Governor shall satisfy himself that it can be granted without interfering with the security, good order and government of the prison and the prisoners therein, and if, after it has been granted, its continuance seems likely to cause any such interference, or the prisoner has abused such permission, or has been guilty of any misconduct, he may suspend or withdraw such permission. Further, where such permission has been granted by the visiting committee, he may, in the like circumstances, suspend it if the case is urgent, provided that he reports the suspension within 24 hours to them. He shall enter in his journal all cases where such permission has been granted, suspended, or withdrawn, stating the reasons.
118 Duties as to identification of prisoners.
num: 118
paragraphs: The Governor shall use his best endeavours to assist in the identification of prisoners, and with that object shall furnish to the governors of other prisons, and to the police, any information in his power.
119 Duties as to discharged prisoners.
num: 119
paragraphs: The Governor shall use his endeavours, by communicating with Discharged Prisoners' Aid Societies and otherwise, to assist in providing prisoners with employment on their discharge in order to prevent them from falling again into crime.
(III) Chaplains.
120 Religious Service.
num: 120
paragraphs: Each chaplain shall conduct religious services in the prison at such times as may be fixed.
121 Journal.
num: 121
paragraphs: Each chaplain shall keep a journal noting his attendance and the several duties performed by him.
122 To visit the sick and prisoners under punishment at least three times a week.
num: 122
paragraphs: Each chaplain shall see the sick and visit the prisoners, if any, of his religious persuasion, undergoing punishment, at least three times a week, Sundays included, and oftener if necessary.
123 To attend prisoners ordered for execution.
num: 123
paragraphs: Each chaplain shall more particularly afford his spiritual assistance to all prisoners under order for execution, or committed on charges punishable with death.
124 To see prisoners on admission and discharge.
num: 124
paragraphs: Each chaplain shall see every prisoner of his religious persuasion under charge or conviction of any crime, on admission and discharge.
125 To pay particular attention to every prisoner's state of mind.
num: 125
paragraphs: Each chaplain shall pay particular attention to the state of mind of every prisoner; and if he observes that the mind of any prisoner is likely to be injuriously affected by the discipline or treatment, he shall report the same in writing to the Governor, entering such report in his journal.
126 Chaplain to communicate abuses to governor.
num: 126
paragraphs: Each chaplain shall communicate to the Governor any abuse or impropriety in the prison which may come to his knowledge, and shall enter the same in his journal.
127 Duty as to employment on discharge.
num: 127
paragraphs: Each chaplain shall in conjunction with the Governor use his best endeavours to provide for the employment of prisoners on discharge.
128 Duty to conform to regulations
num: 128
paragraphs: The chaplain shall conform to the regulations of the prison, and shall not interfere with the working of them as regards the safe custody, discipline, and labour of the prisoners, but shall support the Governor in the maintenance thereof.
129 Access by chaplain to prisoners.
num: 129
paragraphs: Chaplains shall not hold communication with any prisoners other than those of their own persuasion.
130 Power as to books.
num: 130
paragraphs: Chaplains shall have access to the catalogue of books to be issued to prisoners, and no book to which a chaplain makes objection shall be issued to any prisoner of his persuasion.
131 Annual and periodical reports.
num: 131
paragraphs: Each chaplain shall, as soon as possible after the 31st December in each year, send to the Minister through the Adjutant-General a report, with reference to the year ended on that day, on the religious and moral condition of the prisoners, and such other matters belonging to his department as he may be desired to report on. He shall report periodically and from time to time for the information of the Minister, through the Adjutant-General, on such points connected with his department as he may think desirable to bring before him or as the Minister directs .He may at any time offer any suggestion for improvements or for the advantage of the service, and need not reserve it for his annual report.
(IV) The Medical Officer.
132 Duties as to attendance on prisoners.
num: 132
paragraphs: (1) The medical officer shall attend all sick prisoners.
(2) Whenever the medical officer shall temporarily absent himself from the prison, he shall leave notice with the Governor or other officer in charge of the prison where he may be found in the event of his services being required.
133 Duties as to regulations.
num: 133
paragraphs: The medical officer shall himself conform to the regulations of the prison, and shall support the Governor in the maintenance of discipline and order and the safe custody of the prisoners.
134 Duties as to visiting prison and prisoners.
num: 134
paragraphs: (1) The medical officer shall visit the prison at least once every day, and shall see every prisoner at least once a week, so as to ascertain his general state of health, and whether he is clean in his person and free from disease.
(2) The medical officer shall every day see such prisoners as complain of illness, reporting to the Governor in writing their fitness or otherwise for labour. He shall daily visit the sick in the infirmary or in their cells at such times as may be necessary. He shall attend at once on receiving information of the serious illness of any prisoner.
(3) The medical officer shall once every day, or oftener, visit every prisoner under punishment, or under special discipline or any other prisoners to whom his attention is specially directed.
(4) The medical officer shall frequently examine the washing-places, baths, and other provisions for purposes of cleanliness or sanitation, and see whether they are in efficient working order, and report at once to the Governor any defect or insufficiency therein.
135 Duties as to monthly inspection.
num: 135
paragraphs: As early as practicable in every month, the medical officer shall inspect every part of the prison, for the purpose of ascertaining that nothing exists therein likely to be injurious to the health of the prisoners, and especially that the ventilation is sufficiently provided for and properly attended to. The result of this inspection shall be recorded in his journal.
136 Duties as to inspection of food, etc.
num: 136
paragraphs: The medical officer shall frequently inspect the food of the prisoners, cooked and uncooked, and shall report to the Governor as to the quality of the provisions, and also as to sufficiency of clothing, bedding, any deficiency in the quantity or defect in the quality of the water, or any other cause which may affect the health of the prisoners.
137 Duties as to journal.
num: 137
paragraphs: (1) The medical officer shall enter, day by day, in his journal, to be kept in the prison, an account of the state of every sick prisoner, the name of his disease, a description of the medicines and diet, and any other treatment which he orders for such prisoner.
(2) The medical officer shall also record such matters connected with his duties as may be directed.
(3) The medical officer shall insert in his own handwriting, in the prescription book, all orders for administering medicines to prisoners.
138 Duties as to special observation of prisoners, and reports as to mental or physical disorder.
num: 138
paragraphs: (1) When the medical officer has any reason to suspect that the mental state of any prisoner is becoming impaired or enfeebled by continued imprisonment, he shall take such prisoner under his special observation; and should there be good reason to believe that, either from the conduct of the prisoner or from his manner and habits, there are signs of incipient insanity, he shall report the circumstances to the Governor for the information of the Minister, stating, in cases of doubt, whether he desires any special or additional advice.
(2) Whenever the medical officer has reason to believe that a prisoner's health is likely to be injuriously affected by the discipline of treatment, he shall report the case in writing to the Governor, together with such recommendations as he thinks proper.
(3) Whenever a medical officer is of opinion that any prisoner is in urgent need of operation or treatment which cannot be given in prison, he shall at once notify the Governor in writing and the latter shall immediately bring the matter to the notice of the Minister through the Adjutant-General.
(4) The medical officer shall give notice to the Governor when the sickness of any prisoner appears to him to assume an aspect of danger.
(5) The medical officer shall report in writing to the Governor the case of any prisoner to which he thinks it necessary on medical grounds to draw attention, and shall make such recommendation as he deems needful for the alteration of the discipline or treatment of the prisoner, or for the supply to him of additional articles.
(6) Whenever the medical officer is of opinion that the life of any prisoner will be endangered by his continuance in prison or that any sick prisoner will not survive his sentence or is totally and permanently unfit for prison discipline, he shall state the opinion, and the grounds thereof, in writing, to the Governor, who shall duly forward the same to the Minister.
139 Power to call in additional medical aid.
num: 139
paragraphs: If any case of peculiar difficulty or danger occurs, the medical officer may call in additional aid, referring previously to the Minister for approval, if the case will reasonably admit of such reference. No serious operation shall be performed without a previous consultation with another medical practitioner, except under very urgent circumstances not admitting of delay, which circumstances the medical officer shall record in his journal.
140 Particulars as to death to be entered in journal.
num: 140
paragraphs: The medical officer shall, forthwith on the death of any prisoner, enter in his journal the following particulars, viz., at what time the deceased was taken ill, when the illness was first notified to the medical officer, the nature of the disease, when the prisoner died, and an account of the appearances after death (in cases where post-mortem examination is made) together with any special remarks that appear to him to be required.
141 Conditions as to application of painful test.
num: 141
paragraphs: Where the medical officer considers it necessary to apply any painful test to a prisoner to detect malingering or otherwise, the test shall only be applied by authority of the Minister.
142 Duty as to the identification of prisoners.
num: 142
paragraphs: The medical officer shall inform the Governor of any particular point of which he may become aware in regard to the person of any prisoner which might assist in identifying him.
143 Duties as to health of prisoners.
num: 143
paragraphs: The medical officer shall have responsibility for the general care of the health of the prisoners, and shall report to the Minister, and make known to the Governor, any circumstances connected with the prison or the treatment of the prisoners which at any time appears to him to require consideration on medical grounds.
144 Duties as to punishment of prisoners.
num: 144
paragraphs: Before a prisoner is placed in close confinement, or is subjected to dietary punishment, the medical officer shall examine him, and certify whether or not he is fit for the punishment.
145 Duties as to statistical records, returns and reports.
num: 145
paragraphs: (1) The medical officer shall keep such statistical records and furnish such returns as may be directed relative to the health and medical treatment of prisoners, and to the sanitary condition of the prison buildings.
(2) The medical officer shall report each quarter, and from time to time as may be directed, on the general health and sanitary condition of the establishment, the health of the prisoners, and in reference to any other point upon which he may be directed to report.
(3) The medical officer shall submit to the Minister through the Adjutant-General as soon as possible after the 31st December in each year, a report, in writing, with reference to the year ended on that day, with statistics of sickness, mortality, removals on medical grounds, insanity, suicide, and hospital treatment among the prisoners, and such other particulars as may be directed.
(4) The medical officer may at any time offer any suggestion for improvements or for the advantage of the service, and need not reserve it for his annual report.
PART III. SPECIAL REGULATIONS FOR PARTICULAR CLASSES OF PRISONERS.
num: 1
paragraphs: PRISONERS ON REMAND OR AWAITING TRIAL.
(I) Admission, Discharge and Removal.
146 Application, of regulations.
num: 146
paragraphs: Regulations 147 to 170 apply to any person in those regulations referred to as a prisoner awaiting trial committed to prison for safe custody in any of the following circumstances:—
(a) While awaiting trial for any indictable offence;
(b) Pending the preliminary hearing before a justice of the District Court of a charge against him of an indictable offence, or pending the hearing of an information or complaint against him;
(c) Awaiting sentence;
(d) Aliens not under sentence who are detained under Aliens' Orders;
(e) On commitment to await extradition.
147 Bath.
num: 147
paragraphs: A prisoner awaiting trial shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor decides that it is unnecessary, or the medical officer states that it is for medical reasons inadvisable.
148 Separation from each other.
num: 148
paragraphs: In order to prevent prisoners awaiting trial from being contaminated by each other, or endeavouring to defeat the ends of justice, they shall be kept separate, and shall not be permitted to communicate together.
149 Separation from convicted prisoners.
num: 149
paragraphs: Prisoners awaiting trial shall be kept apart from convicted prisoners, and while attending church and at other times shall, if possible, be placed so that they may not be in view of the convicted prisoners.
150 Power to modify routine.
num: 150
paragraphs: The visiting committee may authorise the Governor to modify the routine of the prison in regard to any prisoner awaiting trial so far as to dispense with any practice which, in the opinion of the Governor, is clearly unnecessary in the case of that particular prisoner.
151 Application of prisoner's money.
num: 151
paragraphs: Any money in the hands of the Governor belonging to any prisoner awaiting trial may be applied to the purpose of making special provision for him in cases where the prisoner is, by these regulations, required to make any payment in respect of such special provision.
152 Use of books or papers.
num: 152
paragraphs: The Governor shall, on the application of any prisoner awaiting trial, permit him to have any books, papers, documents, or other articles in his possession at the time of his arrest, which may not be required for evidence against him, and are not reasonably suspected of forming part of property improperly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice or of prison discipline.
(II) Food, Clothing and Bedding.
153 Power to procure food, clothing, or bedding.
num: 153
paragraphs: A prisoner awaiting trial may procure for himself, or receive at proper hours, food and intoxicating liquor (other than spiritous liquors), clothing, bedding or other necessaries, subject to examination and to such regulations as may be approved by the Minister; and any articles so procured may be paid for out of the money belonging to the prisoner in the hands of the Governor. If a prisoner awaiting trial does not provide himself with food, he shall receive the allowance of food allotted to prisoners awaiting trial by the regulations of the prison.
154 Prison dress.
num: 154
paragraphs: A prisoner awaiting trial may, if he desires it, wear the prison dress, and he shall be required to do so if his own clothes are insufficient or unfit for use, or necessary to be preserved for the purposes of justice. The prison dress for a prisoner awaiting trial shall be of a different colour from that of convicted prisoners.
155 Disinfection.
num: 155
paragraphs: When a prisoner awaiting trial is allowed by the regulations to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected; and thereupon the clothing shall be disinfected as speedily as possible, and during the progress of disinfection the prisoner may be required to wear the prison clothing prescribed for the class of prisoners to which he belongs.
156 Notice as to provision of food.
num: 156
paragraphs: (1) If a prisoner awaiting trial prefers to provide his own food for any meal, he shall give notice thereof beforehand at the time required; but the Governor shall not permit any such prisoner to receive any prison allowance of food for the meal for which he procures or receives food at his own expense.
Restriction on provision of food.
(2) Articles of food shall be received by a prisoner awaiting trial only at such hours as may be laid down from time to time. They shall be inspected by the members of the prison staff, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.
157 Prohibition of sale.
num: 157
paragraphs: No prisoner awaiting trial shall sell or transfer any article whatsoever allowed to be introduced for his use to any other person; and any prisoner transgressing this regulation shall be prohibited from procuring any such article for such period as the Minister deems proper.
(III) Cleanliness and Health.
158 Hair-cutting.
num: 158
paragraphs: A prisoner awaiting trial shall not be compelled either to have his hair cut or to shave a beard or moustache he usually wears except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness, regard however being had to the circumstance that untried prisoners while in prison shall not change their external aspect so as to impede identification, and that when brought to the bar for trial they shall retain as nearly as may be practicable the same external appearance which they had when committed.
159 Cleaning of rooms.
num: 159
paragraphs: The beds of prisoners awaiting trial shall be made up and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him by an assistant provided under these regulations.
160 Medical attendance.
num: 160
paragraphs: If any prisoner awaiting trial who is out of health desires the attendance of his usual medical attendant or dentist, the visiting committee shall, if they are satisfied that the application is bona fide, permit him to be visited by that medical attendant or dentist at his own expense. He may also be supplied with medicine at his own expense, proper precautions being in all cases observed to prevent abuse of these privileges.
(IV) Books, etc.
161 Books, newspapers etc.
num: 161
paragraphs: A prisoner awaiting trial shall be permitted to have supplied to him, at his own expense, such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the visiting committee, or in their absence, and pending their approval, in the opinion of the Governor, of an objectionable kind.
(V) Employment.
162 Employment.
num: 162
paragraphs: A prisoner awaiting trial shall have the option of employment, but shall not be compelled to perform any labour.
163 Allowance for earnings.
num: 163
paragraphs: If any such prisoner is discharged such an allowance on account of his earnings, if any, shall be paid to the prisoner on his discharge, as the Minister may think reasonable due allowance being made for the cost of his maintenance in prison.
164 Facilities for carrying on usual employment.
num: 164
paragraphs: So far as prison arrangements admit, facilities shall be given to prisoners awaiting trial to work and follow their trades and employments, and all earnings of any such prisoner, after payment thereout of such sum as the Minister may determine on account of the cost of his maintenance in the prison, or on account of the use of implements lent to him, shall belong to him.
165 Light in cell.
num: 165
paragraphs: The Governor shall permit the light to remain burning in the cell of any prisoner awaiting trial to enable the prisoner to continue to read or write, or to work and follow his trade, until the final locking-up of the prison, provided any reasonable or satisfactory ground exists for the allowance of such privilege.
(VI) Visits and Communications.
166 Visits.
num: 166
paragraphs: (1) Due provision shall be made for the admission, at proper times and under proper restrictions, of persons with whom prisoners awaiting trial desire to communicate, care being taken that, so far as is consistent with the interests of justice, the prisoners shall see their legal advisers alone.
(2) Every prisoner awaiting trial shall be permitted to be visited by not more than three persons at the same time, for a quarter of an hour on any week-day, during such hours as may be appointed. Provided always that the Minister may suspend and withdraw the permission hereby granted in any case when he considers it necessary so to do for the purposes of the security, good order, and government of the prison and prisoners therein, or for the purposes of preventing any tampering with evidence, or any plans for escape, or other like considerations.
(3) The visiting committee may, in any special case, for special reasons, prolong the period of the visit allowed to any prisoner awaiting trial, or allow him to be visited by more than three persons at the same time.
(4) Every endeavour shall be made to provide that prisoners awaiting trial be not, when being visited, exposed to the view of the friends of other prisoners, and to prevent the friends of one prisoner from coming in contact with the friends of another while in the prison.
167 Communication with legal and medical adviser.
num: 167
paragraphs: (1) A prisoner awaiting trial shall be allowed to see his legal adviser any week-day at any reasonable hour in the sight but not in the hearing of a member of the prison staff.
(2) A prisoner awaiting trial shall if necessary for the purpose of his defence be allowed to see a registered medical practitioner appointed by his friends or legal adviser. Such visit may, on request, be in the sight but not in the hearing of a member of the prison staff.
168 Communication for the purpose of bail.
num: 168
paragraphs: A prisoner awaiting trial who is in prison in default of bail shall be permitted to see any of his friends, on any week-day at any reasonable hour, for the bona-fide purpose of providing bail.
169 Written communications.
num: 169
paragraphs: Paper and all other writing materials to such extent as may appear reasonable to the Governor shall be furnished to any prisoner awaiting trial who requires to be so supplied for the purposes of communicating with friends or preparing a defence. Any confidential written communication prepared as instructions for a legal adviser may be delivered personally to him or his authorised clerk without being previously examined by any member of the prison staff; but all other written communications are to be considered as letters and are not to be sent out of the prison without being previously inspected by the Governor.
170 Application of general regulations.
num: 170
paragraphs: Prisoners awaiting trial shall also be subject to the general prison regulations, except so far as they are inconsistent with the special regulations relating to prisoners awaiting trial.
num: 2
paragraphs: PRISONERS BETWEEN THE AGES OF 17 AND 21 YEARS.
171 Location in special prison.
num: 171
paragraphs: Prisoners between the ages of 17 and 21 may be collected in a prison or part of a prison set apart for the purpose, and be subjected to the following special regulations.
172 Classification
num: 172
paragraphs: They shall be strictly classified, regard being had to their character and antecedents.
173 Separation.
num: 173
paragraphs: Each class shall be kept apart from the other.
174 Employment.
num: 174
paragraphs: They shall be employed in association in workshops or in outdoor work, such as farming; and they shall be specially instructed in useful trades and industries which may fit them to earn their livelihood on release.
175 Education.
num: 175
paragraphs: Special attention shall be given to their education by instruction in the ordinary subjects of elementary education, by lectures and moral addresses, and by their being provided with library books and useful literature, which they shall be encouraged to read.
176 Discharge.
num: 176
paragraphs: At a reasonable time before the discharge of any prisoner, arrangements shall be made with a discharged prisoners' aid, or other philanthropic societies, or benevolent persons, for the prisoner's future welfare.
177 Application of general regulations.
num: 177
paragraphs: They shall also be subject to any general prison regulations, except so far as they are inconsistent with these Special Regulations.
num: 3
paragraphs: PRISONERS IMPRISONED FOR DEFAULT IN PAYMENT OF A DEBT, OR IN DEFAULT OR IN LIEU OF DISTRESS TO SATISFY A SUM OF MONEY ADJUDGED TO BE PAID BY A COURT OF SUMMARY JURISDICTION, OR IMPRISONED FOR CONTEMPT OF COURT (hereinafter referred to as "DEBTORS OR CONTEMPT OF COURT PRISONERS").
(I) Admission and General Treatment.
178 Separation.
num: 178
paragraphs: A debtor or contempt of court prisoner shall not be associated with criminal prisoners.
179 Bath.
num: 179
paragraphs: A debtor or contempt of court prisoner shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor shall decide that it is unnecessary, or the medical officer shall state that it is, for medical reasons, inadvisable.
(II) Food and Clothing.
180 Diet.
num: 180
paragraphs: A debtor or contempt of court prisoner shall receive the allowance of food prescribed for prisoners awaiting trial who do not maintain themselves.
181 Clothing.
num: 181
paragraphs: A debtor or contempt of court prisoner shall be permitted to wear his own clothing, unless it is unfit for use in which case prison clothing as necessary shall be issued to the prisoner.
(III) Cleanliness.
182 Hair-cutting.
num: 182
paragraphs: A debtor or contempt of court prisoner shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness; and the hair of such prisoner shall not be cut closer than may be necessary for the purposes of health and cleanliness.
183 Cleaning of cells, etc.
num: 183
paragraphs: The beds of debtors and contempt of court prisoners shall be made up and the rooms and yards in their occupation shall be swept and cleaned by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them.
(IV) Employment.
184 Employment.
num: 184
paragraphs: A debtor or contempt of court prisoner shall be required to work either at his own trade or profession provided his employment does not interfere with the regulations or arrangements of the prison, or at work of an industrial or manufacturing nature, and he shall be allowed to receive the whole of his earnings subject to a deduction for the cost of his maintenance, and for the use of implements when furnished by the prison.
(V) Remission.
185 ..
num: 185
paragraphs: The general regulations relating to remission of sentence shall not apply to debtors or contempt of court prisoners.
(VI) Health.
186 Exercise.
num: 186
paragraphs: Debtors or contempt of court prisoners may be permitted to exercise in the forenoon and afternoon of each day during such periods as the circumstances of the prison may allow, and during the same periods they shall be permitted to associate together in an orderly manner.
(VII) Visits and Communications.
187 Letters and visits.
num: 187
paragraphs: A debtor or contempt of court prisoner shall be permitted to receive a visit of twenty minutes' duration and also to write and receive one letter in each week, and the visiting committee may, for special reasons, prolong the period of the visit allowed to any such prisoner or accord additional visits or letters to such reasonable extent as they may deem advisable. After three months in custody visits may be of thirty minutes' duration.
188 Visits from legal adviser, etc.
num: 188
paragraphs: In applying to a debtor or contempt of court prisoner regulation 61, any request from the legal adviser, wife, husband, or relative of such prisoner to visit the prisoner is to be granted at any reasonable hour of the day.
189 Place of visits.
num: 189
paragraphs: The place in which debtor or contempt of court prisoners receive their visits shall not be the same as that in which criminal prisoners receive their visits, if any other suitable place can conveniently be provided.
190 Application of general regulations.
num: 190
paragraphs: Debtors or contempt of court prisoners shall also be subject to any general prison regulations for the government of the prisons, except so far as they are inconsistent with the special regulations relating to debtors or contempt of court prisoners.
num: 4
paragraphs: APPELLANTS.
191 Application of regulations.
num: 191
paragraphs: The following regulations shall apply to prisoners who have entered an appeal against a conviction or sentence by a Court—hereinafter called "appellants".
192 Production in Court.
num: 192
paragraphs: (1) Any appellant who when in custody is to be brought to any place at which he is entitled to be present for the purpose of the hearing of an appeal shall, while absent from the prison, be kept in the custody of a member of the prison staff directed by the Governor of the prison, or of a member of the Garda SÃ­ochÃ¡na, to convey him to that place.
(2) Any appellant, when absent from prison under this regulation, shall wear his own clothing. Should his own clothing not be in a fit condition he shall be supplied with clothing from prison stocks.
193 Gratuities.
num: 193
paragraphs: If an appellant is ordered to be released by a Court he shall be paid a gratuity at the appropriate rate provided he has worked during the period he was in custody awaiting the hearing of his appeal.
194 Visits from legal and medical advisers.
num: 194
paragraphs: (1) An appellant shall be allowed to see his legal adviser on any week-day at any reasonable hour in the sight but not in the hearing of a member of the prison staff.
(2) An appellant shall, if necessary, for the purposes of his appeal be allowed to see a registered medical practitioner appointed by his friends or legal adviser, in the sight but not in the hearing of a member of the prison staff.
195 Letters.
num: 195
paragraphs: (1) Writing materials, to such extent as may appear reasonable to the Governor, shall be furnished to any appellant who requires them for the purposes of preparing his appeal.
(2) An appellant shall be permitted to write such letters to his legal adviser as may be necessary for the prosecution of his appeal.
(3) Any confidential written communication prepared as instructions for his legal adviser may be delivered personally to him or his authorised clerk without being previously examined by a member of the prison staff; but all other written communications shall be treated as letters and shall not be sent out of the prison without being previously inspected by the Governor.
196 Application of general regulations.
num: 196
paragraphs: Appellants shall also be subject to any general prison regulations for the government of prisons, except so far as they are inconsistent with the special regulations relating to appellants.
PART IV. Regulations for Prison Hospitals specified in Part II of the Appendix.
197 General regulations.
num: 197
paragraphs: Subject as hereinafter mentioned the Regulations for prisons specified in Part I of the Appendix to these Regulations shall apply to the Prison Hospitals specified in Part II of that Appendix.
198 Command and administration.
num: 198
paragraphs: Subject as in this regulation hereinafter set out the command and administration of Prison Hospitals shall remain the duty of the Officer Commanding Hospital, who shall exercise all the powers and duties conferred or imposed on the Governor and Medical Officer by these Regulations.
Provided, however, that the powers and duties conferred or imposed by these Regulations on a Governor of a Prison in respect of the following matters, that is to say, visits, letters, intercourse between prisoners, safe custody, the keeping of non-medical records, the maintenance of discipline and the punishment of offences against prison discipline shall in respect of such Prison Hospitals be conferred or imposed on such commissioned officer of the staff of the Provost Marshal as may be appointed for that purpose by the Chief of Staff.
APPENDIX.
PART I.
The Military Detention Barracks, Curragh Training Camp, Co. Kildare.
PART II.
The General Military Hospital, Curragh Training Camp, Co. Kildare.