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GENERAL SCHEME OF PRISONS BILL 2015

CONTENTS

PART 1

Preliminary and General Head 1 Short title, commencement and collective citation Head 2 Interpretation Head 3 Expenses

PART 2

Closing of Saint Patrick’s Institution Head 4 Interpretation (Part 2) Head 5 Repeals and revocation Head 6 Transitional provisions relating to children Head 7 Amendment of section 212A of Defence Act 1954 Head 8 Amendment of Criminal Justice Act 1960 Head 9 Amendment of section 50 of Courts (Supplemental Provisions) Act 1961 Head 10 Amendment of section 3 of Extradition Act 1965 Head 11 Amendment of Prisons Act 1970 Head 12 Amendment of First Schedule to Juries Act 1976 Head 13 Amendment of Criminal Law Act 1976 Head 14 Amendment of section 15C of Misuse of Drugs Act 1977 Head 15 Amendment of Criminal Justice (Community Service) Act 1983 Head 16 Amendment of Criminal Justice Act 1984 Head 17 Amendment of section 2 of Age of Majority Act 1985 Head 18 Amendment of section 5 of Data Protection Act 1988

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Head 19 Amendment of section 1 of Criminal Justice Act 1993 Head 20 Amendment of section 47 of Public Health (Tobacco) Act 2002 Head 21 Amendment of Transfer of Execution of Sentences Act 2005 Head 22 Amendment of section 98 of Criminal Justice Act 2006 Head 23 Amendment of section 2 of International Criminal Court Act 2006 Head 24 Amendment of section 1 of Electoral (Amendment) Act 2006 Head 25 Amendment of section 2 of Prisons Act 2007 Head 26 Amendment of section 2 of Criminal Justice (Mutual Assistance) Act 2008 Head 27 Amendment of section 32 of Freedom of Information Act 2014

PART 3

Closing of prisons Head 28 Amendment of section 2 of Prisons Act 1933

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PART 1

Preliminary and General Head 1 Short title, commencement and collective citation Provide that: (1) This Act may be cited as the Prisons Act 2015. (2) Part 2 shall come into operation on such day or days as the Minister may appoint by

order or orders either generally or with reference to any particular provision and different days may be so appointed for different purposes and different provisions.

(3) This Act and the Prisons Acts 1826 to 2007 may be cited together as the Prisons Acts

1826 to 2015.

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Head 2 Interpretation Provide that: In this Act—

“Minister” means the Minister for Justice and Equality.

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Head 3 Expenses Provide that: The expenses incurred by the Minister and the Minister for Children and Youth Affairs in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

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PART 2

Closing of Saint Patrick’s Institution

Head 4 Interpretation (Part 2) Provide that: In this Part—

“Act of 2001” means the Children Act 2001;

“child”, “children detention school” and “remand centre” have the meaning given to them, respectively, by the Act of 2001;

“closing of Saint Patrick’s Institution” means the closing in whole of that Institution pursuant to a closing order under section 2 of the Prisons Act 1933; “Saint Patrick’s Institution” means the institution known by that name situated at North Circular Road, Dublin.

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Head 5 Repeals and revocation Provide that: (1) The following enactments are repealed:

(a) the Prevention of Crime Act 1908 (8 Edw. 7 c. 59), so far as unrepealed;

(b) sections 10 and 11 of the Criminal Justice Administration Act 1914 (4

& 5 Geo. 5 c. 58); (c) sections 12 and 13 of the Criminal Justice Act 1960; (d) sections 6 and 7 of the Prisons Act 1970; (e) section 1(1) of the Criminal Law (Jurisdiction) Act 1976.

(2) The Saint Patrick’s Institution Regulations 1960 (S.I. No. 224 of 1960) are revoked. (3) The repeal of the enactments specified in subhead (1) shall not affect the lawfulness

of the detention of any person sentenced to detention in Saint Patrick’s Institution pursuant to any of the said enactments before the date of commencement of this Head.

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Head 6 Transitional provisions relating to children Provide that: (1) Where the Minister makes a closing order under section 2 of the Prisons Act 1933

directing that Saint Patrick’s institution be wholly closed, he or she shall by the same order direct—

(a) that any child who, immediately before such closing, was to be remanded in custody in accordance with section 88(12) of the Act of 2001 to Saint Patrick’s Institution by virtue of an order made or warrant issued by a court that was in force upon such closing but which had not been executed before such closing, shall be committed to such remand centre as is specified in the closing order for that purpose, and (b) that any child who, immediately before such closing, was to be committed to Saint Patrick’s Institution to serve a sentence of detention by virtue of an order made or warrant issued by a court that was in force upon such closing but which had not been executed before such closing, shall be committed to such children detention school as is specified in the closing order for that purpose.

(2) A reference in an order made or warrant issued by a court referred to in subhead (1) to

Saint Patrick’s Institution shall, on and after the closing of that Institution, be construed as a reference to the remand centre or children detention school specified by order under that subhead, as the case may be, and the order made or warrant issued by the court shall have effect accordingly.

(3) Where, on or after the closing of Saint Patrick’s Institution, a child referred to in

subhead (1) is committed pursuant to the order made or warrant issued by a court concerned to the remand centre or children detention school specified by order under that subhead, as the case may be, he shall be deemed to be in lawful custody.

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Head 7 Amendment of section 212A of Defence Act 1954 Provide that: Section 212A (as inserted by section 61 of the Defence (Amendment) Act 2007) of the Defence Act 1954 is amended, in subsection (1), by deleting paragraph (b) of the definition of “imprisonment”.

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Head 8 Amendment of Criminal Justice Act 1960 Provide that: The Criminal Justice Act 1960 is amended—

(a) in section 1, by deleting the definition of “Saint Patrick’s Institution”, (b) in section 2 (as substituted by section 1 of the Criminal Justice (Temporary

Release of Prisoners) Act 2003), by substituting the following for subsection (11):

“(11) In this section—

(a) references to a person who is serving a sentence of imprisonment shall be construed as including a reference to a person being detained in a place provided under section 2 of the Prisons Act 1970 and “sentence of imprisonment” shall be construed accordingly, and (b) references to a prison shall be construed as including a reference to a place provided under the said section 2.”,

(c) in section 3, by deleting “or of detention in Saint Patrick’s Institution,” from

the definition of “criminal lunatic”, (d) in section 10(1), by substituting “another remand institution or in a prison” for

“another remand institution, in a prison or in Saint Patrick's Institution”,

and (e) in section 11(2), by substituting “a remand institution” for “an institution

(being a remand institution or Saint Patrick's Institution)”.

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Head 9 Amendment of section 50 of Courts (Supplemental Provisions) Act 1961 Provide that:

(1) Section 50 of the Courts (Supplemental Provisions) Act 1961 is amended, in

paragraph (a), by deleting “or to be detained in Saint Patrick’s Institution”. (2) The amendment of the enactment specified in subhead (1) shall not affect an appeal

taken against an order for detention that was made before the commencement of this Head.

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Head 10 Amendment of section 3 of Extradition Act 1965 Provide that: Section 3 of the Extradition Act 1965 is amended—

(a) by deleting “and detention in Saint Patrick’s Institution” from the definition of

“imprisonment”, and (b) by deleting the definition of “Saint Patrick’s Institution”,

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Head 11 Amendment of Prisons Act 1970 Provide that: The Prisons Act 1970 is amended—

(a) in section 1, by deleting the definition of “Saint Patrick’s Institution”, (b) in section 2, by deleting “or to detention in Saint Patrick’s Institution”, (c) by substituting the following for section 4:

“Application of enactments relating to prisons 4. The Prisons Acts 1826 to 2015, the Prisons (Visiting Committees) Act 1925, and any other enactments relating to prisons or to persons serving sentences in prisons shall, subject to the provisions of this Act, apply in relation to a place provided under section 2 of this Act as if it were a prison, and persons detained in such a place shall be deemed to be serving sentences of imprisonment, but section 17(3) of the Criminal Justice Administration Act 1914, in so far as it provides for the committal of prisoners, shall not apply in relation to such a place.”,

and

(d) by substituting the following for section 5:

“Power of Minister to direct removal of persons to and from places provided under this Act 5. Subject to the provisions of this Act but without prejudice to the generality of section 4 of this Act, the Minister may direct the transfer of a prisoner—

(a) from a prison to a place provided under section 2 of this Act, and

(b) from a place provided under section 2 of this Act to a prison, or to another such place,

to serve the whole or any part of the unexpired residue of his sentence.”.

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Head 12 Amendment of First Schedule to Juries Act 1976 Provide that: The First Schedule to the Juries Act 1976 is amended, in Part I, by deleting “Saint Patrick’s Institution”.

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Head 13 Amendment of Criminal Law Act 1976 Provide that: The Criminal Law Act 1976 is amended—

(a) in section 1, by deleting “Saint Patrick’s Institution,” from the definition of “prison”,

and

(b) in section 13(1), by deleting “or of detention in Saint Patrick’s Institution” and

“or detention”.

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Head 14 Amendment of section 15C of Misuse of Drugs Act 1977 Provide that: Section 15C of the Misuse of Drugs Act 1977 (as inserted by section 83 of the Criminal Justice Act 2006) is amended, in subsection (8), by deleting “Saint Patrick’s Institution and” from the definition of “prison”.

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Head 15 Amendment of Criminal Justice (Community Service) Act 1983 Provide that: The Criminal Justice (Community Service) Act 1983 is amended—

(a) in section 2(1), by deleting “in Saint Patrick’s Institution, or”,

and (b) in section 3(4), by deleting “in Saint Patrick’s Institution or”.

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Head 16 Amendment of Criminal Justice Act 1984 Provide that: The Criminal Justice Act 1984 is amended—

(a) in section 3(1), by deleting “and detention in Saint Patrick’s Institution” from the definition of “imprisonment”,

and

(b) in section 12, by deleting “In that section “imprisonment” shall include

detention in Saint Patrick’s Institution.”.

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Head 17 Amendment of section 2 of Age of Majority Act 1985 Provide that: Section 2 of the Age of Majority Act 1985 is amended, in subsection (4)(b)(x), by deleting “, to Saint Patrick’s Institution”.

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Head 18 Amendment of section 5 of Data Protection Act 1988 Provide that: Section 5 of the Data Protection Act 1988 is amended, in subsection (1)(c), by substituting the following for subparagraphs (ii) to (iv):

“(ii) a place of detention provided under section 2 of the Prisons Act 1970, or (iii) a military prison or detention barrack within the meaning of the Defence Act

1954,”.

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Head 19 Amendment of section 1 of Criminal Justice Act 1993 Provide that: Section 1 of the Criminal Justice Act 1993 is amended, in subsection (1), by deleting the definition of “imprisonment”.

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Head 20 Amendment of section 47 of Public Health (Tobacco) Act 2002 Provide that: Section 47 of the Public Health (Tobacco) Act 2002 (as substituted by section 16 of the Public Health (Tobacco) (Amendment) Act 2004) is amended, in subsection (8)—

(a) by deleting paragraph (a) of the definition of “prison”,

and (b) by deleting the definition of “Saint Patrick’s Institution”.

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Head 21 Amendment of Transfer of Execution of Sentences Act 2005 Provide that: The Transfer of Execution of Sentences Act 2005 is amended—

(a) in section 1(1), by deleting the definition of “Saint Patrick’s Institution”,

and (b) in section 10:

(i) in subsection (1), by deleting “or Saint Patrick’s Institution, as may be appropriate,”,

(ii) in subsection (4)(a), by deleting “or Saint Patrick’s Institution”,

(iii) in subsection (6)(a), by deleting “or Saint Patrick’s Institution,

as the case may be,”.

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Head 22 Amendment of section 98 of Criminal Justice Act 2006 Provide that: The Criminal Justice Act 2006 is amended, in section 98, by substituting the following for the definition of “imprisonment”:

“ ‘imprisonment’ includes detention in a place provided under section 2 of the Prisons Act 1970 and ‘sentence of imprisonment’ shall be construed accordingly;”.

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Head 23 Amendment of section 2 of International Criminal Court Act 2006 Provide that: Section 2 of the International Criminal Court Act 2006 is amended, in subsection (1), by deleting paragraph (a) of the definition of “prison”.

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Head 24 Amendment of section 1 of Electoral (Amendment) Act 2006 Provide that: Section 1 of the Electoral (Amendment) Act 2006 is amended by substituting the following for the definition of “prison”:

“ ‘prison’ means a place to which the Prisons Acts 1826 to 2015 apply;”.

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Head 25 Amendment of section 2 of Prisons Act 2007 Provide that: Section 2 of the Prisons Act 2007 is amended by deleting paragraph (a) of the definition of “prison”.

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Head 26 Amendment of section 2 of Criminal Justice (Mutual Assistance) Act 2008 Provide that: Section 2 of the Criminal Justice (Mutual Assistance) Act 2008 is amended, in subsection (1), by deleting paragraph (a) of the definition of “prison”.

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Head 27 Amendment of section 32 of Freedom of Information Act 2014 Provide that: Section 32 (Law enforcement and public safety) of the Freedom of Information Act 2014 is amended, in subsection (4), by deleting paragraph (c) of the definition of “penal institution”.

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PART 3

Closing of prisons Head 28 Amendment of section 2 of Prisons Act 1933 Provide that: Section 2 of the Prisons Act 1933 is amended—

(a) in subsection (1), by the substitution for “by the same order direct that all the estate and interest of the Minister in the whole or any specified portion of the prison or part of a prison so directed to be closed shall, immediately upon such closing or on any specified subsequent date, vest in the local authority” of the following:

“by the same order direct all or any of the following:

(a) that any person who, immediately before such closing, was to be committed to the prison (or part thereof) so directed to be closed by virtue of an order made or warrant issued by a court that was in force upon such closing but which had not been executed before such closing, shall be committed to such other prison as is specified in the closing order for that purpose; (b) that any person who, immediately before such closing, was on temporary release from the prison (or part thereof) so directed to be closed, shall be on temporary release from such other prison as is specified in the closing order for that purpose; (c) that all the estate and interest of the Minister in the whole or any specified portion of the prison or part of a prison so directed to be closed shall, immediately upon such closing or on any specified subsequent date, vest in the local authority”,

(b) by the insertion of the following subsections after subsection (1):

“(1A) If a closing order contains a direction under paragraph (a) of subsection (1), a reference in an order made or warrant issued by a court referred to in that paragraph to the prison (or part thereof) directed to be closed by the closing order shall, on and after such closing, be construed as a reference to the other prison specified in the closing order under that paragraph, and the order made or warrant issued by the court shall have effect accordingly. (1B) Where, on or after the coming into operation of a closing order, a person referred to in paragraph (a) of subsection (1) is committed pursuant to the order made or warrant issued by a court concerned to the other prison specified in the closing order under that paragraph, he or she shall be deemed to be in lawful custody.

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(1C) If a closing order contains a direction under paragraph (b) of subsection (1), a person referred to in that paragraph shall, on and after the coming into operation of the closing order, be regarded as being on temporary release from the other prison specified in the closing order under that paragraph, and the direction concerned given by the Minister under section 2 of the Criminal Justice Act 1960 in respect of the person shall have effect accordingly. (1D) Where, on or after the coming into operation of a closing order, a person referred to in paragraph (b) of subsection (1) is, following the expiry of the period of temporary release concerned, detained in the other prison specified in the closing order under that paragraph, he or she shall be deemed to be in lawful custody.”,

and

(c) by the addition of the following subsection:

“(4) In this section ‘temporary release’, in relation to a person, means the release of the person from a prison for a temporary period in accordance with a direction given by the Minister under section 2 of the Criminal Justice Act 1960.”.