PART 6

Miscellaneous

Certain applications to court to be heard using videolink.

33 .— (1) This section applies to an application to a court in criminal proceedings where—

(a) the application is one of those specified in subsection (11),

(b) the accused or person convicted of the offence concerned (“the prisoner”) is in a prison,

(c) the application is made or to be made by the Director of Public Prosecutions or by the prisoner, and

(d) the prisoner is legally represented or has obtained legal advice or been given the opportunity of obtaining or being provided with such advice.

(2) An application to which this section applies may be heard without the prisoner being present in court if the court so directs on being satisfied that—

(a) to do so would not be prejudicial to the prisoner,

(b) the interests of justice do not require his or her presence at the hearing,

(c) the facilities provided by a live television link between the court and the prison concerned are such as to enable—

(i) the prisoner to participate in, and to view and hear, the proceedings before the court,

(ii) those present in the court to see and hear the prisoner, and

(iii) the prisoner and his or her legal representative to communicate in confidence during the hearing,

(d) to do so is otherwise appropriate having regard to—

(i) the nature of the application,

(ii) the complexity of the hearing,

(iii) the age of the prisoner, and

(iv) his or her mental and physical capacity,

and

(e) no other circumstances exist that warrant the prisoner’s presence in court for the hearing.

(3) An application for such a direction may be made ex parte to the judge, or a judge, of the court concerned by or on behalf of the Director of Public Prosecutions or the prisoner.

(4) On such an application the judge, if he or she considers it desirable in the interests of justice to do so, may require notice of the application to be given to the prisoner or his or her legal representative or, as the case may be, to the Director of Public Prosecutions.

(5) Where the court decides not to give a direction under this section, it shall state its reasons for not doing so.

(6) At any time after a direction under this section is given, an application may be made to the court by or on behalf of the prisoner to revoke the direction on the ground that one or more than one of the considerations mentioned in paragraphs (a) to (e) of subsection (2) do not apply in the prisoner’s case.

(7) The court may at any time revoke a direction, whether on an application under subsection (6) or not.

(8) If, on an application under subsection (6), the court refuses to revoke a direction, it shall state its reasons for the refusal.

(9) Where the provisions of this section are complied with in relation to the hearing of an application to which this section applies, the prisoner is deemed to be present in court for the purposes of any enactment or rule of law or order of any court requiring the presence in court of an accused or convicted person during criminal proceedings against him or her.

(10) Nothing in this section affects the right of the prisoner to be present during any criminal proceedings other than the hearing of an application to which this section applies.

(11) The following applications (other than applications under subsections (3) and (6)) are specified for the purposes of subsection (1):

(a) an application for bail or free legal aid;

(b) in relation to proceedings on indictment, any other application except—

(i) an application made at the commencement of the trial,

(ii) an application relating to the arraignment or sentence of the prisoner, or

(iii) any other application that appears to the court to require the presence of the prisoner at the hearing, including—

(I) an application relating to the capacity of the prisoner to stand trial, or

(II) an application to dismiss the charges against the prisoner on the ground that there is not sufficient evidence to put him or her on trial;

(c) in relation to proceedings in the District Court, any other application to the Court before the date on which—

(i) a trial before it begins or the court accepts a plea of guilty, or

(ii) the accused is sent forward for trial or sentence;

(d) any application in appeal proceedings or any subsequent proceedings.

(12) In this section “criminal proceedings” means proceedings for an offence and includes any appeal proceedings or subsequent proceedings.

Application of section 33 to children in remand centres or children detention schools and other detained persons.

34 .— Section 33 also applies to an application to a court in criminal proceedings where the accused or person convicted of the offence concerned is in a remand centre, or a children detention school, within the meaning of the Children Act 2001 or, where the Minister for Health and Children, after consultation with the Minister, by order so directs, a designated centre within the meaning of the Criminal Law (Insanity) Act 2006 and has effect accordingly, with the necessary modifications.

Prison rules.

35 .— (1) The Minister may make rules for the regulation and good government of prisons.

(2) Without prejudice to the generality of subsection (1) and to Part 3 , such rules may provide for—

(a) the duties and conduct of the governor and officers of a prison,

(b) the classification of prisoners,

(c) the treatment of prisoners, including their diets, clothing, maintenance, employment, instruction, discipline and correction,

(d) the provision of facilities and services to prisoners, including educational facilities, medical services and services relating to their general moral and physical welfare,

(e) the acts which constitute breaches of prison discipline committed by prisoners while inside a prison or outside it in the custody of a prison officer or prisoner custody officer,

(f) the remission of portion of a prisoner’s sentence,

(g) the manner of publication of decisions of an Appeal Tribunal,

(h) the entry to a prison of a member of the Garda Síochána in the performance of his or her functions,

(i) photographing and measuring prisoners and taking fingerprints and palmprints from them, and

(j) testing prisoners for intoxicants, including alcohol and other drugs.

(3) The governor of a prison or an officer of the prison acting on his or her behalf may give to a member of the Garda Síochána copies of—

(a) photographs, measurements, fingerprints or palmprints obtained in accordance with rules under this section, and

(b) documents relating to the testing of prisoners under subsection (2)(j).

(4) Rules under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the rules is passed by either such House within the next 21 days on which the House has sat after they are laid before it, the rules shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(5) Rules under section 12 of the General Prisons (Ireland) Act 1877 and the Prisons (Ireland) Act 1907, and regulations made under section 8 of the Penal Servitude Act 1891, that were in force immediately before the commencement of this section by virtue of section 19(8) of the Criminal Justice (Miscellaneous Provisions) Act 1997 shall continue in force as if made under this section and may be amended or revoked accordingly.

Prohibition of unauthorised possession or use of mobile telecommunications device by prisoner.

36 .— (1) A prisoner who, without the permission of the governor of the prison, possesses or uses a mobile telecommunications device, or a person who supplies such a device to a prisoner without such permission, is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.

(2) Subsection (1) applies also to a prisoner while in custody outside the prison.

(3) In this section “mobile telecommunications device” includes a component of such a device.

Amendment of National Minimum Wage Act 2000.

37 .— Section 5 of the National Minimum Wage Act 2000 is amended by the numbering of the section as subsection (1) and the insertion of the following subsection:

“(2) This Act does not apply to any non-commercial activity or work engaged in by prisoners under the supervision of the governor or person in charge of the prison concerned, including—

(a) any cleaning or kitchen work or other work relating to the operation of the prison;

(b) activity of an educational, training or work experience nature which is intended to prepare prisoners for their re-integration into society;

(c) the production of goods or services which are—

(i) sold or provided for the purpose of raising funds for charitable purposes or providing facilities for prisoners, or

(ii) disposed of or provided without charge or for a nominal charge.”.

Payment by prisoners for requested services.

38 .— The Minister may provide, by prison rules or otherwise, that prisoners shall pay (whether directly or by way of credit deduction) for specified goods or services requested by them that are not available without charge to prisoners generally, including—

(a) telephone calls,

(b) access to electronic devices,

(c) private medical treatment, or

(d) escorts provided outside the prison for matters not related to the imprisonment of those prisoners,

but the payments or deductions shall not exceed the full cost of providing the goods or services.

Absence from prison on compassionate, etc., grounds.

39 .— (1) The Minister may—

(a) on compassionate grounds, or

(b) for the purpose of assessing a prisoner’s suitability for early release or facilitating his or her re-integration into society, or

(c) to enable a prisoner to assist in the investigation of an offence,

order that he or she be taken to a specified person or place within the State for a specified purpose during a specified period and return at the end of that period.

(2) The order may provide that the prisoner shall be returned to the prison forthwith if, during the period so specified—

(a) the prisoner is not of good behaviour,

(b) a breach of the peace involving the prisoner occurs, or

(c) he or she attempts to escape from lawful custody or is helped by another person in so attempting.

Lawful custody of prisoners while absent from prison.

40 .— (1) A prisoner who—

(a) is absent from a prison pursuant to an order under section 39 or another enactment or an order of a court, or

(b) is being brought to or from a prison or court,

may be placed in the custody of a prison officer, a prisoner custody officer or a member of the Garda Síochána.

(2) A prisoner in such custody is deemed to be in lawful custody.

Minor and consequential amendments.

41 .— (1) Section 13(3) of the Criminal Justice Act 1960 is amended by—

(a) the substitution of the following paragraph for paragraph (a):

“(a) the Prisons Acts 1826 to 2007 (other than section 12 of the General Prisons (Ireland) Act 1877, the Prisons (Ireland) Act 1907 and section 8 of the Penal Servitude Act 1891) and rules thereunder, whether made before or after the commencement of this Act,”,

and

(b) the insertion of the following paragraph:

“(aa) rules made under section 35 of the Prisons Act 2007, and”.

(2) Section 22(3) of the Criminal Procedure Act 1967 is amended by the insertion of “, by the governor of the prison to which the person has been committed or a prison officer designated by the governor” after “justice of the Court”.

(3) Section 3 (3) of the Criminal Justice Act 1990 is amended by the substitution of the following definition for the definition of “prison officer”:

“ ‘prison officer’ includes any member of the staff of a prison and any person having the custody of, or having duties relating to the custody of, a person in relation to whom an order of a court committing that person to a prison is for the time being in force;”.

(4) Section 19(6) of the Criminal Justice (Public Order) Act 1994 is amended by the substitution of the following definition for the definition of “prison officer”:

“ ‘prison officer’ includes any member of the staff of a prison and any person having the custody of, or having duties relating to the custody of, a person in relation to whom an order of a court committing that person to a prison is for the time being in force;”.

Repeals.

42 .— The following enactments are repealed:

(a) section 3 (3) of the Prisons (Visiting Committees) Act 1925 ;

(b) section 1 (2) of the Prisons Act 1933 ;

(c) section 19 of the Criminal Justice (Miscellaneous Provisions) Act 1997 .

Regulations.

43 .— (1) The Minister may make regulations for the purpose of giving full effect to this Act.

(2) The regulations may contain such consequential, supplementary or incidental provisions as may be necessary or expedient for that purpose.