I, SEAN MacEOIN, Minister for Defence, in exercise of the powers conferred on me by section 233 of the Defence Act, 1954 (No. 18 of 1954), and of every and any other power me in this behalf enabling, do hereby make the following Rules :--

PART I. --PRELIMINARY AND GENERAL.

Title and commencement.

1.--(1) These Rules may be cited as the Rules for Military Prisons and Detention Barracks, 1954.

(2) These Rules shall come into operation on the 1st day of January, 1955.

Interpretation.

2.--(1) In these Rules :--

" the Act " means the Defence Act, 1954 (No. 18 of 1954) ;

" detained man " means--

(a) in relation to a military prison, a military prisoner undergoing imprisonment therein, and

(b) in relation to a detention barrack,

(i) a military prisoner or man undergoing imprisonment or detention therein, or

(ii) a person kept therein for safe custody ;

" detention barrack " means any building or part of a building which has been declared by the Minister pursuant to section 232 of the act to be a detention barrack or which by virtue of section 301 of the act is deemed to have been so declared ;

" Governor " means a person appointed pursuant to Rule 15 to be the Governor of a military prison or a detention barrack and, when used in relation to a detained man, means the Governor of the military prison or detention barrack in which that man is detained ;

" Medical Officer " means, in relation to a military prison or detention barrack, the officer appointed pursuant to Rule 20 to be the Medical Officer of that military prison or detention barrack ;

" member of the staff " means a person provided by an Officer Commanding a Command pursuant to Rule 54 and includes, unless the contrary otherwise appears from the context, a Governor, Medical or other officer appointed pursuant to Rules 15, 20 and 21 respectively ;

" military prison " means any building or part of a building which has been declared by the Minister pursuant to section 232 of the act to be a military prison ;

" Officer Commanding the Command ", when used in relation to a military prison or a detention barrack, means the Officer Commanding the Command in which that military prison or detention barrack is located, unless otherwise stated ;

" the Rules of Procedure " means the Rules of Procedure (Defence Forces), 1954 ( S.I. No. 243 of 1954 ).

(2) In these Rules, reference by number to a Rule is to that Rule of these Rules bearing that number unless it is indicated that a reference to the Rules of Procedure is intended.

Application of Rules.

3.--(1) These Rules shall apply to every military prison or detention barrack.

(2) Every detained man shall observe the provisions of these Rules and of any orders made under these Rules and shall comply with all lawful orders and directions given to him by the Governor or any member of the staff.

Detained men to be treated humanely.

4. Every member of the staff shall treat every detained man humanely and with all due consideration.

Revocation

5.--(1) The Rules for military detention barracks and Regulations governing soldiers undergoing detention in military custody or in barrack detention rooms made by the Minister for Defence on the 29th day of February, 1932, and all amendments thereto, are hereby revoked.

(2) Any sentence, proceeding or thing, undergone, held, done or commenced under the Rules revoked by paragraph (1) of this Rule shall be as valid and may be completed and carried into effect as if such sentence, proceeding or thing had been undergone, held, done or commenced under these Rules.

PART II. --INSPECTORS, VISITORS, GOVERNORS AND OTHER OFFICERS.

SECTION I.--INSPECTORS.

Appointment of Inspectors.

6.--(1) The Chief of Staff may, from time to time as may be necessary, appoint an officer of a rank not lower than that of Lieutenant-Colonel to be an Inspector of Military Prisons and Detention Barracks. Such Inspector may at any time be removed from his appointment by the Chief of Staff.

(2) More than one Inspector may be appointed pursuant to paragraph (1) of this Rule, and different Inspectors may be so appointed to inspect different military prisons and detention barracks.

Duties of Inspectors.

7. An Inspector of military prisons and detention barracks shall inspect such military prisons and detention barracks as may be mentioned in the instrument of his appointment and shall report thereon to the Chief of Staff upon such matters as may have been referred to him.

Taking of statements.

8. An Inspector, during the course of his inspection of a military prison or a detention barrack, may take statements (either oral or in writing) from any detained man in such military prison or detention barrack, or from any member of the staff thereof, relating to the government, management or regulation of such military prison or detention barrack, or from any other person who may be in a position to make a statement relative thereto, and may require such statement (if in writing) to be signed by the person making the statement.

Powers of Inspectors

9. An Inspector may inspect each and every part of a military prison or detention barrack and all journals, registers, books and records appertaining thereto and to the detained men therein, and may take and remove all such journals, registers, books and records, or any of them, as he may think fit, or may make copies thereof or take extracts therefrom, and may do all things necessary for giving effect to the purpose of his inspection, and may enter any such matters as he may wish in the Governor's Journal.

SECTION II.--VISITORS.

Appointment of Visitors.

10. The Officer Commanding a Command in which a military prison or a detention barrack is located shall, each month, appoint an officer of a rank not lower than that of Commandant as Visitor to each such military prison or detention barrack for that month.

Duties of Visitors.

11. A Visitor shall visit the military prison or detention barrack to which he has been appointed as Visitor at least once and shall see every detained man therein and shall hear (in private if he thinks it necessary) all requests that may be made to him by any such detained man ; and shall, in particular, enquire into the length of time that untried detained men have been awaiting trial. He may also inspect all the journals, registers, books, and records relating to detained men, or any of them and shall initial every one seen by him.

Record of visit and report.

12. A Visitor shall, upon the completion of his visit, and before he leaves the military prison or detention barrack, enter in the Visitor's Journal there such matters as he may consider necessary, and shall, in any event, sign such Journal and shall, as soon as may be, report to the Officer Commanding the Command upon his visit and shall state in such report whether the provisions of these Rules relating to the treatment of detained men are being duly observed.

Visits not to be notified in advance.

13. The date and hour of a visit to be made by a Visitor shall not be communicated in advance to the military prison or detention barrack concerned.

Lists to be available for Visitor.

14. The Governor shall cause to be available for the Visitor at all times a list of detained men who are ill, in close confinement or under restraint.

SECTION III.--GOVERNORS.

Appointment of Governors.

15.--(1) The Chief of Staff shall, pursuant to the provisions of paragraph (b) of subsection (1) of section 233 of the act, appoint an officer to be the Governor of each military prison and detention barrack ; and may, at any time, remove such officer, when so appointed, from the Governorship of such military prison or detention barrack.

(2) The Governor shall be responsible to the Officer Commanding the Command in all matters pertaining to the government, management and regulation of the military prison or detention barrack to which he is appointed and for this purpose may communicate direct with the Officer Commanding the Command.

Responsibility to receive and confine.

16. The Governor shall receive and confine, until discharged or delivered over in due course of law, all men sent to be kept in his military prison or detention barrack pursuant to the Act.

Responsibility for government management, regulation, etc.

17. The Governor shall govern, manage and regulate, in accordance with the provisions of the Act and of these Rules, the military prison or detention barrack to which he is appointed, and shall see that the provisions of these Rules are made known to and duly observed by members of the staff and detained men.

Miscellaneous duties of Governor.

18. The Governor--

(a) shall inspect, or cause to be inspected, every detained man at least once in every 24 hours, and shall cause any detained man who wishes to make a statement or request to be brought before him, and shall, if satisfied of the justice thereof, take reasonable steps to satisfy such detained man ;

(b) shall, as far as practicable, visit every part of the military prison or detention barrack daily and, in default of any such daily visit, shall state in the Governor's Journal how far he has omitted it, and the reason therefor ;

(c) shall, at least once each week, visit the military prison or detention barrack at night for the purpose of seeing that the provisions of these Rules and orders made thereunder are being observed, and shall record in the Governor's Journal the date and hour of his visit and his remarks, if any ;

(d) (i) shall, on commitment of a man under sentence passed by a court-martial, inform him of his rights as to petitioning against the findings and such sentence and shall, if requested by such man, leave with him a copy of the form prescribed by Rule 60 of the Rules of Procedure ;

(ii) shall afford reasonable facilities to such man to consult with any counsel or solicitor or defending officer in the preparation of his petition in the sight, but not in the hearing, of a member of the staff ;

(iii) shall ensure that every petition made by a detained man is transmitted without delay to the person to whom it is addressed ;

(e) shall afford reasonable facilities--

(i) to a detained man who is awaiting trial to consult with his counsel or solicitor or defending officer in the sight, but not in the hearing, of a member of the staff regarding his defence and the preparation thereof for his trial ;

(ii) to a detained man who is a party to any legal proceedings to consult with his counsel or solicitor in the sight, but not in the hearing, of a member of the staff with reference to such proceedings ;

(iii) to a detained man to consult with his counsel or solicitor in the sight and hearing of a member of the staff with reference to any other legal business ;

(f) shall allow a detained man unrestricted correspondence with his counsel, solicitor or defending officer in relation to--

(i) his defence, or petition against findings or sentence (for which purposes official stationery and postage will be permitted), or

(ii) any legal proceedings to which such man is a party ;

(g) shall, immediately he becomes aware of the death of a detained man, notify that fact to the coroner having jurisdiction in the place where the military prison or detention barrack concerned is situated, to the Medical Officer, to a member of the Gárda Siochána and to the Adjutant-General.

(h) shall, without delay, report to the Officer Commanding the Command any case of insanity or apparent insanity occurring among detained men ;

(i) shall, without delay, call the attention of the Medical Officer to any military prisoner or man undergoing detention whose state of mind or body appears to require attention, and shall carry into effect the directions of the Medical Officer respecting alterations of the discipline or treatment of any such military prisoner or man undergoing detention.

Absence of Governor.

19. If the Governor is unable to continue in the exercise of his powers and duties due to temporary absence or for any other reason, the following provisions shall apply :--

(a) Where the period of such inability exceeds or is expected to exceed twenty-four hours, the Officer Commanding the Command shall appoint an officer temporarily to perform the duties of Governor and such officer shall be responsible for the due observance of these Rules and of any orders made thereunder and references in these Rules to " the Governor " shall be construed so as to include any officer so appointed, but such officer shall not alter or amend any orders made under these Rules without the prior sanction of the Officer Commanding the Command.

(b) Where the period of such inability is not expected to exceed twenty-four hours, the next senior officer of the staff present or, in the absence of all officers of the staff, the senior non-commissioned officer of the staff, shall ensure that the essential administrative duties of the military prison or detention barrack are performed.

SECTION IV.--MEDICAL OFFICERS AND OTHER OFFICERS.

Appointment of Medical Officers.

20. The Chief of Staff shall, pursuant to the provisions of paragraph (b) of subsection (1) of section 233 of the act, appoint a duly qualified officer of the Army Medical Corps to each military prison and detention barrack as Medical Officer thereof, and may, at any time, remove such officer from such appointment.

Appointment of other officers.

21. The Chief of Staff may, pursuant to the provisions of paragraph (b) of subsection (1) of section 233 of the act, appoint to the staff of a military prison or detention barrack such officers as he may, from time to time, think the circumstances require, and may, at any time, remove any such officers therefrom.

PART III. --GOVERNMENT, MANAGEMENT AND REGULATION.

SECTION I.--MEDICAL PROVISIONS.

Duties and powers of Medical Officers.

22. The Medical Officer of a military prison or detention barrack--

(a) shall visit such military prison or detention barrack and see every detained man therein at least once each week, and visit daily, and more frequently if necessary, every detained man who is sick and every man in close confinement as a result of punishment awarded by the Governor ;

(b) (i) shall prescribe such medicines and treatment and diet as the condition of every detained man who is sick may in his opinion require, and shall, if he thinks it necessary, direct the removal of such detained man to hospital ;

(ii) shall enter day by day in his Journal an account of the state of every sick detained man, the name of his disease or infirmity, a description of the medicines and diet, and any other treatment which he may order for such detained man ;

(c) shall, if he is of opinion that the life of a detained man is endangered by his continuance in the military prison or detention barrack, direct the immediate removal of such detained man to hospital and shall report in writing the circumstances to the Officer Commanding the Command ;

(d) shall, in any case of danger to, or difficulty in the case of, a detained man which appears to him to require it, call in additional medical assistance, and shall not, except under circumstances not admitting of delay (which shall be recorded in his Journal), perform any serious operation without previous consultation with another medical practitioner ;

(e) (i) shall, immediately upon the death of any detained man, enter in his Journal the following particulars, that is to say, the time the deceased was taken ill, when the illness was first communicated to the Medical Officer, the nature of the disease or infirmity, when the detained man died, and an account of the appearance after death together with any special remarks that appear to him requisite ;

(ii) shall, in the case of the death of any detained man in the military prison or detention barrack, without delay, notify such death to the coroner having jurisdiction in the place where such military prison or detention barrack is situated and record such notification in his Journal ;

(iii) shall, immediately upon the death of any detained man, inform the Governor thereof ;

(f) shall, where he considers it necessary to apply any painful test to a detained man to detect malingering or otherwise, do so only by authority of an order in writing in that behalf made by the Adjutant-General ;

(g) shall medically examine every detained man before his release or transfer from the military prison or detention barrack and shall enter the results of such examination in his Journal ;

(h) shall call the attention of the Chaplain or officiating clergyman to any detained man who appears to require his special notice ;

(i) shall record in his Journal every complaint, expressed or implied, by any detained man as to his treatment while in the military prison or detention barrack, and shall inform the Governor and the Officer Commanding the Command of such complaint ;

(j) shall, when called upon by the Governor, indicate the type of labour or employment suitable to the physical condition of a detained man ;

(k) shall, once at least in every month, inspect every part of the military prison or detention barrack, and enter in his Journal the result of each inspection, recording therein any observations he may think fit to make on any want of cleanliness, drainage, warmth, or ventilation, any bad quality of the food, any insufficiency of clothing or bedding, any insufficiency in the quantity or defect in the quality of the water, or any cause which may affect the health of the detained men ;

(l) shall give such directions as he may think necessary for the disinfection of any room or cell which has been recently occupied by any person suffering from an infectious or a contagious disease, or who was verminous, and for the disposal of any bedding or clothing used by any such person ;

(m) shall inform the Governor of all his directions in relation to any detained man, with the exception of any orders for the supply of medicines or directions in relation to such matters as he himself may carry into effect.

Assistance to Medical Officers.

23. In the exercise and performance of his powers and duties the Medical Officer shall be assisted by such duly qualified officer of the Army Medical Corps as may have been detailed to attend for the day to the routine medical duties of the nearest or most convenient military barracks and such officer, when he is assisting or acting for the Medical Officer, shall be deemed to be a Medical Officer appointed to the military prison or detention barrack in respect of which he is so assisting and may exercise and perform all and any of the powers and duties of a Medical Officer appointed pursuant to these Rules as the circumstances may require, and the relevant provisions of these Rules shall apply to, and be observed by, him accordingly.

Daily list of men ill, etc.

24. The Governor shall deliver daily to the Medical Officer a list of detained men who complain of illness, or who are confined to their rooms or cells by illness, or who are in close confinement as a result of punishment awarded by the Governor, or under restraint, and at any other time shall, without delay, notify the Medical Officer if a detained man appears to require medical attention in mind or body.

Personal cleanliness--detained men.

25. Detained men shall keep themselves clean and neat in their person, and shall obey all orders given by the Governor with regard to washing, bathing, shaving and hair cutting, but the hair of a detained man shall not be cut closer than may be necessary for purposes of health and cleanliness.

Medical directions--Governor's responsibility

26.--(1) The Governor shall comply with all instructions of the Medical Officer on or connected with any of the following matters--

(a) the segregation and isolation of detained men who have contracted, or are suspected of having contracted, any infectious or contagious disease, or who may be verminous ;

(b) the cleansing, disinfection and, if necessary, the destruction of bed and other clothing ;

(d) the health of detained men.

(2) The Governor shall take immediate steps to give effect to any directions the Medical Officer may give regarding the removal of any detained man to hospital, and shall notify the Officer Commanding the Command of any such removal so that the latter may make such arrangements as he may think necessary for the safe custody of the detained man in hospital.

Weighing of detained men on release, etc.

27. Every detained man shall, before his release or transfer from a military prison or detention barrack, be weighed and the result recorded in the Military Prison or Detention Barrack Register.

SECTION II.--ROOMS AND CELLS.

Certification of rooms and cells.

28.--(1) A detained man shall not be kept in any room or cell unless it has been certified by a Board of Officers, assembled by the Officer Commanding the Command and comprised of not less than three officers, one of whom shall be a medical officer and one of whom shall be an engineer officer, to be above ground and to have proper means of lighting, heating and ventilation, and to be sufficiently large and fitted up in such manner as may be requisite for health, and furnished with the means of enabling the detained man to communicate at any time with the member of the staff or other person in charge of him.

(2) As soon as may be after the coming into operation of these Rules a Board of Officers, assembled pursuant to paragraph (1) of this Rule, shall inspect every room or cell in every military prison and detention barrack then used or intended to be used for the keeping of detained men and shall certify whether each such room or cell complies with the provisions of paragraph (1) of this Rule.

(3) Notwithstanding anything in this Rule contained any room or cell in use at the time of the coming into operation of these Rules for the keeping of detained men may continue to be so used until it is inspected pursuant to paragraph (2) of this Rule.

Recertification after alteration.

29.--(1) Where a room or cell which has been certified by a Board assembled pursuant to Rule 28 is altered structurally, it shall not be used thereafter for the keeping of detained men unless and until it is duly certified pursuant to Rule 28 to comply with the requirements of that Rule.

(2) An Officer Commanding a Command may at any time assemble a Board constituted in accordance with the provisions of Rule 28 to inspect any room or cell used for the keeping of detained men and certify whether such room or cell continues to comply with the requirements of that Rule.

Numbering or marking of rooms and cells.

30. Every room or cell certified pursuant to Rule 28 or 29 shall be distinguished by a number or mark placed in a conspicuous position, and shall be referred to by its number or mark in the certificate required by these Rules to be made, and such number or mark shall not be altered or removed from such room or cell.

Disposal of certificates.

31. Every certificate required to be given by a Board pursuant to Rule 28 or 29 shall be made in duplicate, and one shall be transmitted to the Adjutant-General, and the other shall be given to the Governor and kept by him.

Allocation of rooms and cells.

32. Subject to the provisions of these Rules, each detained man shall normally occupy a room or cell by himself by day and by night. A detained man who is suffering from a disease in consequence of which he requires assistance or supervision may, however, be placed by order of the Medical Officer in a special room or cell with not less than two other men.

Lighting heating, etc. of occupied rooms and cells.

33. The Governor shall ensure that the lighting, heating and ventilation of a certified room or cell which is occupied are maintained at a reasonable standard.

SECTION III.--FOOD AND BEDDING.

Rations.

34. The scale of rations for detained men shall be the normal scale prescribed for men of the Permanent Defence Force, and such additional items as may, from time to time, be authorised by the Quartermaster-General.

Complaints regarding food.

35. A detained man who has any complaint or request to make regarding the food provided for him shall make his complaint or request immediately the food has been handed to him.

Bedding and bed clothes.

36. The scale of issue of bedding and bed clothes for detained men shall be the normal scale prescribed for men of the Permanent Defence Force. Additional bed clothes, as may be necessary, shall be issued during severe weather.

SECTION IV.--SPIRITUAL WELFARE.

Chaplains and officiating clergymen.

37.--(1) Every Chaplain and officiating clergyman shall, in carrying out his duties, observe the provisions of these Rules and may confer on matters connected with his duties with the Governor.

(2) Particulars of visits and services performed by Chaplains and officiating clergymen shall be entered in the Chaplain's Journal, together with such other matters as they may desire to bring to the notice of the Governor who shall enter the action (if any) taken by him in relation thereto.

(3) A Chaplain or officiating clergyman visiting a detained man of his persuasion shall not hold communication with a man of any other persuasion except at that man's request.

Bibles and other religious books.

38.--(1) Each detained man shall be furnished with a bible or a prayer book approved by the Chaplain or officiating clergyman of his persuasion.

(2) Books deemed proper for religious instruction may, with the sanction of the Governor, be distributed by Chaplains and officiating clergymen to detained men of their persuasion.

Lists and requests of men ill, etc., to be delivered to Chaplain.

39.--(1) A list of detained men who are confined to their rooms or cells by illness, or who are under restraint or in close confinement, shall be delivered daily by the Governor to the Chaplain or officiating clergyman.

(2) Upon the request of a detained man, or where the life of a detained man appears to be in danger, the Governor shall immediately cause the Chaplain or officiating clergyman of that man's persuasion to be notified.

Church Parades and Divine Service.

40. The Governor shall ensure that Church Parades are held and that detained men attend the Divine Service of the persuasion to which they belong.

SECTION V.--ROUTINE, TRAINING AND RECREATION.

Daily Routine.

41.--(1) The daily routine for military prisoners and men undergoing detention in a military prison or a detention barrack shall, subject to such modification thereof as may from time to time be authorised by the Adjutant-General, be as is prescribed in Appendix I to these Rules.

(2) The daily routine prescribed in paragraph (1) of this Rule shall apply to men kept for safe custody, subject to the following modifications :--

(a) they shall not be required to labour ;

(b) they shall only perform fatigues and other duties similar in kind and amount to those they might be called upon to do if they were not in the military prison or detention barrack ; and

(c) the Governor shall vary the hours of their exercise and recreation so that they shall not associate with military prisoners or men undergoing detention.

Training.

42.--(1) Military training shall include the following subjects :--

(a) Arms Drill (if rifles are available) ;

(b) Foot Drill ;

(d) Civics ;

provided, however, that drill parades shall be for instruction and not for the purpose of punishment.

(2) A man undergoing detention shall be inspected and drilled periodically in marching order.

(3) Educational training shall, when circumstances permit, be carried out under the supervision of the Governor.

Recreation

43.--(1) Facilities for outdoor and indoor recreation shall, as far as practicable, be provided for detained men.

(2) Outdoor recreation shall consist of such games and exercises as may be available and approved by the Governor.

(3) A room or rooms, as may be necessary, shall be reserved in each military prison and detention barrack for the use of detained men for indoor recreation. Such room or rooms shall be reasonably comfortable and shall, if possible, be situated away from the main cell block, and may contain such recreational equipment as may be available and approved by the Governor.

(4) Periods shall be allotted each day to the various classes of detained men to use the recreation room or rooms and to make use of the facilities provided.

Library.

44.--(1) A library shall be maintained in each military prison and detention barrack. The Officer Commanding the Command shall ensure that such library is adequately supplied with books from welfare sources, and that the books are exchanged as may be necessary.

(2) The Governor may accept for the library suitable books and periodicals donated by other sources.

(3) Chaplains and officiating clergymen shall have access to books of the Library and any book to which they object shall not be issued to any detained man of their persuasion.

SECTION VI.--SECURITY.

Authorised persons only to be admitted.

45.--(1) Only Inspectors, members of the staff and persons duly authorised by the Governor, the Officer Commanding the Command or a military member of the Council of Defence shall be admitted to a military prison or a detention barrack.

(2) The name and particulars of every person admitted to a military prison or detention barrack (including the Governor and members of the staff), the reason and authority for admission and the hour and date of admission and departure shall be entered in the Gate-Keeper's Register.

Liquor, drugs and tobacco--restriction as to.

46.--(1) Only such spirituous or fermented liquor or drugs as may be prescribed by the Medical Officer for the treatment of a detained man or a member of the staff shall be introduced into a military prison or detention barrack.

(2) Only such tobacco as members of the staff or other persons admitted under Rule 45 may require for their personal use, or as may be authorised by the Governor for use by detained men, shall be introduced into a military prison or detention barrack.

Letters, documents and other articles--restrictions as to.

47. Only such letters or other documents, or any other articles whatsoever as are--

(i) required for the lawful use of members of the staff or other persons admitted under Rule 45, or

(ii) required for the proper government, management, regulation or security of the military prison or detention barrack, or

(iii) authorised by these Rules,

shall be conveyed into a military prison or detention barrack.

Examination of articles before admission.

48. Every article, whether of food, bedding, clothing or any other kind, may be examined in accordance with Standing Orders made under these Rules, and shall be admitted to a military prison or detention barrack only if authorised by these Rules.

Prevention of secretion of aids to escape, etc

49. Every member of the staff shall prevent any article not authorised by these Rules being secreted where detained men may find it or where it is likely to be conveyed to detained men ; and shall prevent the clothes of workmen or others being left about in places accessible to detained men ; and shall report to the Governor at the earliest opportunity any of the foregoing matters and any suspicious circumstances, and the loitering of any unauthorised or suspect person whom he may observe about the military prison or detention barrack.

Unauthorised articles to be delivered to Governor.

50. Every article not authorised by these Rules found in a military prison or a detention barrack shall be delivered to the Governor.

Locks, bolts and keys.

51. Locks and bolts on the doors and gates of a military prison or detention barrack and the keys thereof and the bars on all windows shall be examined daily. Keys when not in use shall be safely kept in accordance with the orders of the Governor.

Prevention of escape and rescue.

52.--(1) Every member of the staff shall take all proper steps to prevent the escape or the rescue of any detained man, and may, for these purposes, use so much force (excluding the use of firearms) as is reasonably necessary for carrying out this duty.

(2) In the event of the escape or the rescue of a detained man from a military prison or detention barrack, the Governor shall immediately notify the Officer Commanding the Command and the local Garda Síochána.

Precautions as to ladders, etc.

53. Every member of the staff shall ensure that ladders, planks, wheelbarrows, ropes, chains, implements, articles or materials are left so as not to be likely to facilitate the escape of any detained man.

SECTION VII.--STAFF.

Provision of staff.

54.--(1) The Officer Commanding the Command shall, subject to the provisions of Defence Force Regulations relating to Establishments, provide men to be members of the staff of each military prison and detention barrack and every man so provided shall be a member of the staff of that prison or barrack.

(2) The Officer Commanding the Command may, if he thinks the circumstances so require, provide such personnel, in addition to men provided pursuant to paragraph (1) of this Rule, as he may think fit for temporary duty in a military prison or detention barrack, and any such personnel shall, for the period of such duty, be deemed to be members of the staff of that prison or barrack.

(3) The name and service particulars of every man provided for duty pursuant to paragraph (1) or (2) of this Rule, and the dates of commencement and termination of such duty, shall be published in the Routine Orders of the Unit of such man.

Duties of members of staff.

55. Every member of the staff shall--

(a) make himself acquainted with all orders made under these Rules, and with all matters relating to his duty ;

(b) assist in the maintenance of good order and discipline among the detained men ;

(c) inform the Governor of any failure to observe the provisions of these Rules or of orders made thereunder or of any other misconduct, by a detained man ;

(d) prevent any unauthorised communication between detained men ;

(e) permit detained men to use only the books, periodicals, tobacco, liquor, drugs and other articles authorised by these Rules for their use ;

(f) inform the Governor at once of any complaint or request made by a detained man ;

(g) direct the attention of the Governor to any detained man who may appear to be unwell (whether that man complains or not) in mind or body ;

(h) report at once to the Governor any defect in the lighting, heating, ventilation, drainage or sanitary condition of the military prison or detention barrack ;

(i) ensure that all keys of all doors and gates which come to his hands, are by him safely kept and are properly disposed of ; and

(j) when on night-duty, preserve due silence and decorum.

Prohibitions--members of staff.

56. A member of the staff shall not--

(a) bring in or carry out, or give or sell or allow to be given or sold to any detained man, any book, periodical, tobacco, liquor, drug or any other article, otherwise than in accordance with the provisions of these Rules ;

(b) ask or receive at any time any money, present, fee or gratuity of any kind whatsoever--

(i) in relation to the admission of any visitor to a military prison or detention barrack, or

(ii) from or on behalf of any detained man on any pretext whatsoever ;

(c) have or use any spirituous or fermented liquor or drug or tobacco within a military prison or detention barrack, save as may be authorised by these Rules ;

(d) enter at night the room or cell of a detained man unless accompanied by another member of the staff and then only in the case of sickness of such detained man or other emergency ;

(e) unnecessarily converse with a detained man, or allow any familiarity on the part of any detained man towards himself or any other member of the staff ;

(f) correspond or communicate in any way with the friends or relatives of a detained man unless authorised to do so by these Rules ;

(g) speak of his duties or of matters relating to the government, management or regulation of the military prison or detention barrack within the hearing of a detained man ;

(h) leave the military prison or detention barrack at an unauthorised hour without the permission of the Governor.

Gate-Keeper

57.--(1) The Governor shall make all due arrangements for the Gate to be kept by a member of the staff, and shall provide a Register to be kept and entered by the Gate-Keeper for the time being.

(2) The Gate-Keeper--

(a) (i) shall not admit any person, spirituous or fermented liquor, drug, tobacco, letter or other document, or any article whatsoever not authorised by these Rules to be admitted, or of whom or of which he may be suspicious ;

(ii) shall immediately notify the Governor of any denial of admission made by him under subparagraph (i) hereof ;

(b) shall carry out the examination provided for by Rule 48 ;

(i) the names and particulars referred to in paragraph (2) of Rule 45 ;

(ii) the particulars of every article, matter or thing introduced into, or removed from, any military prison or detention barrack, the date and hour of, and the reason and authority for, each such introduction or removal ; and

(iii) the results of the examination provided for by Rule 48.

SECTION VIII.--STANDING ORDERS.

Making of Standing Orders.

58.--(1) As soon as may be after the coming into operation of these Rules, Standing Orders shall be made and published by the Governor of each military prison and detention barrack.

(2) Upon the establishment of a military prison or detention barrack after the coming into operation of these Rules, the Governor thereof shall make and publish Standing Orders therefor.

(3) Standing Orders for a military prison or detention barrack shall continue in force, notwithstanding the removal of the Governor and the appointment of a new Governor, until such time as the new Governor may make and publish new Standing Orders or amend existing Standing Orders.

Matters to be covered in Standing Orders.

59.--(1) Standing Orders made pursuant to Rule 58 shall, subject to the provisions of the Act and of these Rules, make all due provision for the proper administration of the military prison or detention barrack to which they relate and, in particular, for the following matters :--

(a) fire-fighting and the precautions to be taken for guarding against fire ;

(b) the allocation to and amongst the members of the staff of the duties required to be performed by Rules 14, 18 (a), 18 (d) (ii), 24, 25, 28 (1), 33, 35, 39, 51, 53, 57, 63 (3), 67, 68, 69, 70, 72, 97, 98, 103 (2), 103 (4) and 110 ;

(d) the arrangement of the daily routine of the members of the staff so as to give full effect to these Rules ;

(e) the inspection of the military prison or detention barrack and of detained men ;

(f) the supervision by members of the staff of detained men in their daily routine and by night;

(g) the safe custody of detained men ;

(h) such matters as it may be necessary for detained men to know and to comply with ; and

(i) such other matters as local conditions may require or as the Governor may think fit.

(2) The Governor, in making Standing Orders in relation to fire-fighting, shall be guided by the following considerations :--

First of all : the preservation of life ;

Secondly : the safe custody of detained men ; and

Thirdly : the extinction of the fire.

Standing Orders--making known.

60. The Governor shall bring such portions of Standing Orders as may concern them respectively to the notice of--

(a) members of the staff at regular intervals,

(b) new members upon joining the staff, and

SECTION IX.--CONTROL OF VIOLENCE.

Control of violence.

61.--(1) In order to prevent a detained man from doing injury to himself, or to others, or to property, by reason of his violence, he may be put under mechanical restraint by direction of the Governor or Medical Officer as is in this section hereinafter provided.

(2) A detained man shall not be kept under mechanical restraint for more than twenty-four hours without an order in writing from the Officer Commanding the Command specifying the cause thereof, and the time during which the detained man shall be kept under mechanical restraint. Such order shall be preserved by the Governor as his warrant.

(3) A detained man shall not be put under mechanical restraint as a punishment.

(4) A detained man placed under mechanical restraint shall be visited by the Medical Officer as soon as possible thereafter, and subsequently at least once every twelve hours.

(5) Whenever a detained man is placed under mechanical restraint, the date and hour at which such restraint was applied, the cause thereof, the manner of its application, and the date and hour at which changed or removed shall be entered by the Governor in his Journal and reported by him to the Officer Commanding the Command.

(6) When the necessity for any form of mechanical restraint authorised by these Rules ceases, the restraint shall be removed at once.

Permitted means of mechanical restraint.

62. The following means of mechanical restraint and no other may be used--

(a) handcuffs ;

(b) loose canvas restraint jacket ;

The handcuffs, loose canvas restraint jacket and restraint belt shall be of such patterns as may be approved by the Minister.

Handcuffs.

63.--(1) Whenever it is found necessary to place handcuffs on a detained man (for any reason except for temporary use when such additional security may be necessary), the direction of the Governor shall specify the date and hour the handcuffs are to be put on, and whether they are to be placed with the hands in front of, or behind, the body.

(2) If, on account of the peculiar violence of the detained man, it is found necessary to place the handcuffs behind the body, they shall be removed to the front at mealtimes and bedtimes and on such other occasions as may be necessary.

(3) The member of the staff who carries out a direction pursuant to paragraph (1) of this Rule shall report to the Governor that the direction was carried out and the date and hour of change of position or removal of the handcuffs.

Restraint Jacket and Belt.

64.--(1) The loose canvas restraint jacket may be used to prevent a detained man who is suffering from a mental affection from injuring himself or others or from destroying clothing or other articles. It shall be resorted to only by direction of the Medical Officer. The restraint jacket shall not be used for longer than the Medical Officer deems necessary and, if at all possible, it should be removed for at least one full hour in each twenty-four hours.

(2) The restraint belt may be used only by direction of the Medical Officer when the other prescribed means of restraint are inappropriate. It shall be removed at mealtimes and on such other occasions as the Medical Officer may specify in his direction.

(3) Every direction given by the Medical Officer under this Rule shall be entered by him in his Journal, together with particulars as to the date and hour thereof, the reason for the same, and the actual or probable duration of the period of restraint.

Withdrawal of razor, etc.

65. Where there are reasonable grounds for believing that a detained man may do injury to himself or to others or may damage or destroy clothing or property if allowed to keep his razor, knife, fork or other article, the Governor shall order the withdrawal of such article or articles from the possession of that man.

PART IV. --ADMISSION, LABOUR AND EMPLOYMENT, REMISSION OF SENTENCE, RELEASE, ETC.

SECTION I.--ADMISSION.

Admission of detained men.

66. A person shall not be admitted to a military prison or detention barrack as a detained man unless and until the order for the. commitment of such person (in the form prescribed by the Rules of Procedure) is presented to the Governor.

Searching of detained men.

67. Every detained man shall be searched on admission and may be deprived of all such articles (including articles of kit and equipment) as the Governor may direct, provided, however, that such deprivation shall not be of such a nature as to interfere with mental or bodily health.

Disposal of moneys and personal property of detained men.

68.--(1) The Governor shall cause to be entered in the Personal Record of every detained man the particulars of all moneys and other property taken from such man on admission and of all moneys and other property subsequently received for him, and the particulars of such expenditure of any such moneys or disposition of such property as may be authorised by such man and approved by the Governor, and every such entry shall be initialled by such detained man.

(2) A detained man upon his release shall sign a receipt in his Personal Record for such of his moneys or property as is then delivered to him.

Bathing, weighing, etc., on admission.

69. Every detained man shall be bathed on admission, unless a medical officer otherwise directs, and shall be weighed and measured and his weight shall be recorded in the Military Prison or Detention Barrack Register.

Notifying detained men of Rules and Orders.

70. As soon as possible after the admission of a detained man, an abstract of these Rules and any Orders made thereunder relating to the conduct and treatment of detained men shall be read to such detained man and a copy of such abstract shall be displayed in his room or cell.

Delivery of service documents of detained men.

71. The commanding officer of a detained man shall cause to be delivered to the Governor at the time of the commitment of such detained man or as soon thereafter as may be possible the following books and documents :--

(a) Medical book (L.A. 30) ;

(b) Conduct sheet (A.F. 43) ;

(d) Certificate of personal cleanliness ;

(e) Certificate by a medical officer as to the man's fitness to undergo imprisonment or detention ; and

(f) a certified abstract from his Record Sheet (A.F. 43a) of such particulars as may be relevant.

Particulars of every detained man to be registered.

72. The particulars of every detained man upon admission shall be entered in the Military Prison or Detention Barrack Register, together with the cause of his commitment.

SECTION II.--LABOUR AND EMPLOYMENT.

Cleaning rooms, cells, etc.

73. A detained man shall keep his room or cell, utensils, books, kit, equipment, clothing and bedding clean and neatly arranged, and shall carry out such other duties in relation to the administration of the military prison or detention barrack as the Governor may direct.

Nature of labour.

74. A military prisoner or a man undergoing detention may be required to labour at cutting timber, cutting and saving turf, road-making and mending, scrubbing, cleaning and repairing buildings and barracks and at such other labour as the Governor may direct, provided that it does not exceed in severity either the foregoing or what may be required of prisoners in a public prison.

Daily period of labour.

75.--(1) Save as otherwise provided in these Rules, every military prisoner sentenced to imprisonment without hard labour and every man undergoing detention shall, during the currency of his sentence, labour daily for not more than six hours, exclusive of the time taken for meals.

(2) In the case of a military prisoner sentenced to imprisonment with hard labour, the period of daily labour shall not exceed eight hours, exclusive of the time taken for meals, and the period of daily exercise may be reduced to one hour.

Labour outside prison or barrack.

76. A military prisoner or a man undergoing detention may be required to labour or may be employed on work outside the military prison or detention barrack.

Labour to depend on capabilities of prisoner or man.

77.--(1) The Governor shall arrange for the labour of every military prisoner and man undergoing detention in accordance with the age and capabilities of each such prisoner or man, and, in the case of a prisoner or man who is under eighteen years of age, shall consult with the Medical Officer and Chaplain or officiating clergyman as to the nature of the labour to be performed by such prisoner or man.

(2) A military prisoner or man undergoing detention, if certified by the Medical Officer to be unfit for labour of a particular kind shall not be employed on that labour.

(3) A military prisoner or man undergoing detention who is suffering from physical infirmities shall only be required to perform such labour as the Medical Officer may recommend as suitable.

Sundays, Army Holidays, etc.

78.--(1) On Sundays and Army Holidays a detained man shall not be required to do more than is provided for by Rule 73.

(2) A detained man whose Sabbath falls on a day other than a Sunday shall not be required to do more on his Sabbath than is prescribed in Rule 73.

Prohibition of work for private benefit

79. A detained man shall not labour or be otherwise employed, directly or indirectly, for the private benefit or advantage of any person or persons, or in any way not in conformity with these Rules.

SECTION III.--REMISSION, OF SENTENCE.

Eligibility for remission.

80.--(1) A military prisoner or man undergoing detention shall be eligible, by special industry and good conduct, to earn a remission of a portion of his sentence, not exceeding one-sixth (or, in the case of a man under eighteen years of age, one-fourth) of his sentence, any fraction of a day being ignored for the purposes of remission.

(2) In addition to the foregoing the Adjutant-General may award, in respect of such special industry and good conduct, such further remission of sentence, not exceeding twenty-one days, as to him may seem meet.

Prisoner or man sentenced whilst under-going imprisonment or detention.

81. Subject to paragraph (2) of Rule 84, when a military prisoner or man is tried and sentenced to a period of imprisonment or detention by court-martial whilst already undergoing imprisonment or detention, he shall be credited from the date of the second trial to the date of promulgation of sentence with appropriate proportional remission of the additional sentence, irrespective of whether he has or has not earned such remission whilst undergoing his first sentence.

Notional date of release to be recorded.

82. On the admission of a military prisoner or man sentenced to undergo detention, the earliest possible date of his release shall be calculated on the basis of his having earned full remission, and this date (hereinafter referred to as " the notional date of release "), together with the date of expiration of sentence, shall be entered in the Military Prison or Detention Barrack Register.

Review of industry and conduct.

83.--(1) The Governor shall review weekly the industry and conduct of each military prisoner and man undergoing detention and shall record in his Personal Record whether such prisoner or man has, during the preceding week, displayed special industry and good conduct and, if he has not, then the particulars of wherein he has failed, and shall so inform him.

(2) The Governor shall review monthly the record of the industry and conduct of each military prisoner and man undergoing detention and shall inform any prisoner or man who is not displaying special industry or good conduct that he is thereby prejudicing the remission of his sentence, and shall record the fact in his Personal Record.

(3) The Governor shall, on a date before the notional date of release of a military prisoner or man undergoing detention and as close thereto as may be convenient, review the record of his industry and conduct and ascertain or decide whether the notional date of release of that prisoner or man has been, or should be, postponed by reason of the award of any punishment in manner hereinafter provided, or of any lack of special industry or good conduct and, if it has been, or ought to be, postponed, then by how many days, and shall inform him accordingly and shall enter the postponed date in the Military Prison or Detention. Barrack Register.

(4) Any remission of sentence granted pursuant to this Rule to a military prisoner or man undergoing detention may, at any time prior to the actual release of such prisoner or man, be forfeited for serious misconduct after the date of such grant.

Assessment of industry and conduct during illness.

84.--(1) Subject to paragraph (2) of this Rule, a military prisoner or man undergoing detention who is sick shall, for the period of his illness, be deemed to have displayed special industry for such period for the purposes of Rule 83, provided, however, that he has displayed special industry prior to such illness. His conduct for such period shall be assessed in accordance with the fact thereof.

(2) Where a military prisoner or man undergoing detention is convicted of an offence under section 143 of the act, his conduct shall, for the period of any illness resulting therefrom, be deemed to be unsatisfactory.

SECTION IV.--RELEASE, TRANSFER AND DELIVERY INTO SERVICE CUSTODY.

Prisoner or man not to be kept beyond currency of sentence.

85. Subject to the provisions of these Rules, a military prisoner or man undergoing detention shall be released upon the expiration of his sentence, provided, however, that a prisoner or man who has been granted a remission of portion of his sentence shall be released upon such earlier date as is required by that grant.

Release pursuant to subsection 229 (6) of Act.

86. A military prisoner or man undergoing detention whose sentence is remitted shall be released upon the production to the Governor of an order in that behalf made by a competent authority, pursuant to subsection (6) of section 229 of the act.

Release due on Sunday or Holiday--special provisions.

87. When the day for the release, pursuant to Rule 85 or 86, of a military prisoner or man undergoing detention is a Sunday or an Army Holiday, he may be released on the previous day.

Hour of release.

88. A military prisoner or man undergoing detention who is to be released pursuant to Rule 85 or 86 may be released at any convenient hour on the day on which he is to be released.

Action regarding impending release.

89.--(1) The impending release, pursuant to Rule 85 or 86, of a military prisoner who is a member of the Defence Forces or of a man undergoing detention shall be notified to his commanding officer, in writing if time permits, or otherwise by any other means available.

(2) A commanding officer, upon receiving a notification pursuant to paragraph (1) of this Rule, shall arrange for a non-commissioned officer to take charge of the man concerned. If such non-commissioned officer has not arrived by a reasonable hour on the day of the release, the Governor shall notify the fact to the Officer Commanding the Command who shall give such instructions as to accommodation for the man and his return to his Unit as may be necessary.

Return of service documents to commanding officer.

90. Upon the release of a detained man, or as soon as may be convenient thereafter, the Governor shall forward to the commanding officer of that man such of the following documents relating to the man as he may hold :--

(a) Medical book (L.A. 30) ;

(b) Conduct sheet (A.F. 43) ;

(d) Certificate of personal cleanliness.

Person held for safe custody--release on order of commanding officer.

91. A person kept in a military prison or detention barrack for safe custody shall be released at any time upon production to the Governor of an order for the release of such man made by his commanding officer.

Transfer and delivery into service custody.

92.--(1) Where a competent authority, pursuant to subsection (5) of section 229 of the act, orders the transfer or the delivery into service custody of a military prisoner or man undergoing detention, the Governor shall, upon production to him of that order, deliver such prisoner or man to the person producing the order and, in the case of a transfer, shall, as soon as may be, transmit to the Governor of the prison or detention barrack to which such prisoner or man is being transferred a certificate as to his state of health and cleanliness, together with such other documents and books as may be necessary.

(2) Every order for the transfer or the delivery into service custody of a military prisoner or man undergoing detention shall be made in duplicate and one copy of such order shall be delivered to and retained by the Governor of the prison or detention barrack from which such prisoner or man is being transferred or delivered and the other shall be furnished to the Governor of the prison or detention barrack to which he is to be transferred (together with the original order for his commitment) or, in the case of delivery into service custody, to the person into whose custody he is delivered.

(3) The Governor of a prison or detention barrack from which a military prisoner or man undergoing detention is to be transferred or delivered into service custody shall demand and receive a receipt for such prisoner or man on handing him over to the person who produces the order for such transfer or delivery.

SECTION V.--TEMPORARY RELEASE.

Authority for, period and circumstances of temporary release.

93.--(1) A military prisoner or man undergoing detention may be temporarily released by order of the Adjutant-General or the Officer Commanding the Command for a period not exceeding three days at any one time on the occasion (when verified by a member of the Garda Síochána) of the serious illness or death of an immediate relative, or in difficult domestic or personal circumstances.

(2) Any period of temporary release authorised pursuant to paragraph (1) of this Rule, may be extended by the Adjutant-General or the Officer Commanding the Command by a further period not exceeding three days and the Governor shall be informed immediately of such extension.

(3) For the purpose of paragraph (1) of this Rule, " immediate relative " shall be deemed to include a wife, a parent, a grandparent, a step-parent, a child, a grandchild, a step-child, a brother, a sister, a half-brother or a half-sister.

Form of release order ; notification to commanding officer.

94. An order for temporary release pursuant to Rule 93 shall be in the form prescribed in Appendix II to these Rules and shall be furnished to the Governor who shall forthwith release the prisoner or man concerned and notify the commanding officer of such prisoner or man.

Issue of leave-pass

95. A prisoner or man who is temporarily released pursuant to Rule 93 shall be given a leave-pass by the Governor, stating the cause for, and the period of, the temporary release. A further leave-pass of like nature shall be sent by the Governor to such prisoner or man in respect of any extension of the period of his release.

PART V. --CLASSIFICATION AND AMENITIES.

SECTION I.--CLASSIFICATION.

Classification of military prisoners and men undergoing detention.

96. Military prisoners and men undergoing detention in a military prison or detention barrack shall be classified as follows :--

Class 1--which shall consist of military prisoners and men undergoing detention who are under eighteen years of age and who are serving sentences for offences not involving any degree of moral turpitude ;

Class 2--which shall consist of military prisoners and men undergoing detention who are eighteen years of age and over and are serving sentences for offences not involving any degree of moral turpitude ;

Class 3--which shall consist of military prisoners and men undergoing detention who are under eighteen years of age and who are serving sentences for offences involving a degree of moral turpitude ;

Class 4--which shall consist of military prisoners and men undergoing detention who are eighteen years of age and over and are serving sentences for offences involving a degree of moral turpitude.

Classes not to associate.

97. A military prisoner or a man undergoing detention who belongs to a particular Class mentioned in Rule 96 shall not, as far as is practicable, be allowed to associate with prisoners or men who belong to any other Class.

Segregation of persons kept for safe custody.

98. A person who is being kept in a military prison or detention barrack for safe custody shall not be allowed to associate with military prisoners or men undergoing detention.

SECTION II.--AMENITIES.

Amenities.

99. Subject to the provisions of these Rules, a military prisoner or man undergoing detention shall be allowed--

(a) to have books from the library of the military prison or detention barrack, and such other books and periodicals as the Governor may approve ;

(b) to receive and despatch a letter each week ;

(d) to associate with other prisoners or men of his Class during exercise ;

(e) to smoke, or consume sweets if he is a non-smoker, during recreation or when in his room or cell ;

and a person being kept for safe custody shall, in addition to the foregoing, be allowed to receive and despatch such letters and to receive such visits as the Governor may approve.

Letters--despatch of.

100.--(1) Without prejudice to Rule 18 (f), but subject to Rule 106, a detained man shall be entitled to have despatched at the public expense one letter a week.

(2) Letters despatched at the public expense may, if the detained man so desires, be written on stationery supplied from official stocks.

(3) Where a detained man is entitled to write more than one letter a week, all such additional letters shall be at his own expense.

Power to read and withhold letters.

101.--(1) Subject to the provisions of these Rules the Governor shall read every letter being sent by or to a detained man and may, at his discretion, withhold any such letter or any part of its contents.

(2) When a letter or any of its contents is withheld by the Governor, he shall record the fact in his Journal and shall inform the detained man of his action, unless the public interest otherwise requires. Any letter so withheld shall, unless the Governor otherwise decides, be handed over to such detained man on his release.

Communication of important matters where detained man is not permitted correspondence.

102. The Governor may communicate any matter of importance to a detained man or to his relatives when he is not entitled to send or to receive, as the case may be, a letter.

Visits--time, period and conditions.

103.--(1) Visits shall normally be permitted between 11.00 hours and 16.00 hours. A visit shall not last longer than half an hour unless the Governor approves an extension thereof. Not more than three persons together shall be allowed to visit a detained man.

(2) A member of the staff shall be present when a detained man is seeing visitors.

(3) Visitors to detained men shall be admitted only to the place specially set aside by the Governor for visits.

(4) The name of each visitor to a detained man and the date and hour of the visit shall be recorded in his Personal Record.

Refusal and termination of visits.

104. The Governor may, for reasons which to him seem good and sufficient, refuse admission to any visitor or terminate any visit. Every action of the Governor under this Rule shall be recorded by him in his Journal and in the detained man's Personal Record.

PART VI. --MAINTENANCE OF DISCIPLINE--OFFENCES AND PUNISHMENT.

Offences against Rules

105. Every military prisoner and every man undergoing detention who--

(a) fails to return to his military prison or detention barrack on the expiration of temporary release or any extension thereof ; or

(b) disobeys a lawful order given by the Governor or a member of the staff or any order made for the good order and government of the detention barrack ; or

(c) assaults or treats with disrespect the Governor or a member of the staff or any Inspector or Visitor or other officer appointed pursuant to these Rules or a detained man ; or

(d) is idle or careless or inattentive in the performance of his duties or negligent at labour or refuses or fails to labour ; or

(e) is absent without leave from any place where his duty or these Rules or orders made thereunder require him to be ; or

(f) swears, curses or uses any abusive, insolent, threatening or other improper language ; or

(g) converses or communicates in any way with another detained man without authority ; or

(h) makes any unnecessary noise or disturbance ; or

(i) in any way wilfully damages or disfigures any part of a military prison or a detention barrack or any article to which he may have access ; or

(j) has in his room or cell or in his possession any article which he is not authorised by these Rules to have ; or

(k) gives to, or receives from, any detained man any article whatsoever without permission ; or

(l) commits any act, conduct, disorder or neglect to the prejudice of good order and the discipline of a military prison or detention barrack ;

shall be guilty of an offence against these Rules and shall, on being found guilty thereof by the Governor, be liable to suffer any punishment which a Governor is authorised by these Rules to award.

Trial and punishment.

106.--(1) Every offence against these Rules committed by a military prisoner or a man undergoing detention shall, subject to Rule 109, be inquired into by the Governor.

(2) Upon inquiry into a charge of having committed an offence against these Rules against a military prisoner or a man undergoing detention, the Governor--

(a) shall, if he considers that there is no evidence, or not sufficient evidence, to support the charge, or if he thinks that it ought not be proceeded with, dismiss the charge ; or

(b) if he is satisfied of the guilt of the accused, may award one and one only (save as provided at subparagraph (i) hereunder) of the following punishments :--

(i) in addition to or without any other punishment, a postponement of the notional date of release of the accused not exceeding three days ;

(ii) close confinement for a period not exceeding three days (provided that the accused is twenty-one years of age or over), unless the Medical Officer certifies that the accused is unfit therefor ;

(iii) deprivation for any period not exceeding fourteen days of anyone of the following:--

(I) books ;

(II) the amenity of writing or receiving letters (but subject to Rule 18 (f)) ;

(III) visits ;

(IV) association with other men ;

(V) tobacco or sweets ;

(iv) an admonishment.

(3) The provision of the Rules of Procedure and of Defence Force Regulations A.7 relating to the investigation of a charge against a person subject to military law by his commanding officer shall apply, in so far as they are applicable, to an inquiry by a Governor pursuant to these Rules into a charge against a military prisoner or man undergoing detention.

Commencement of punishment awarded.

107.--(1) Every punishment awarded pursuant to these Rules shall commence or take effect, as the case may be, at the hour and date of the award.

(2) Any punishment awarded pursuant to these Rules shall not authorise the keeping of a military prisoner or man undergoing detention in a military prison or detention barrack beyond the date of the expiration of the sentence in respect of which he was committed to such prison or barrack.

Record of offences and punishments.

108.--(1) The Governor shall enter in the Offences and Punishment Book the particulars of every charge inquired into by him pursuant to these Rules, the name of the offender, the date and result of his inquiry, the punishment (if any) awarded, and the date and hour of such award. The Governor shall sign every such entry.

(2) The Governor shall also enter every punishment awarded by him in the Personal Record of the offender together with the serial number of the entry in the Offences and Punishment Book in respect of such punishment.

Offences to be reported to Officer Commanding the Command.

109.--(1) The Governor shall report to the Officer Commanding the Command--

(a) every failure of a military prisoner or man undergoing detention to return after a period of temporary release granted to him pursuant to these Rules ;

(b) every offence by a detained man against these Rules which is accompanied by circumstances of aggravation or which he considers ought to be brought to the attention of the Officer Commanding the Command ; and

(2) An Officer Commanding a Command, upon receipt of a report under paragraph (1) of this Rule, shall give such directions for the disposal of the case as he may think fit.

Conditions of close confinement.

110.--(1) Notwithstanding anything contained in Rules 99 and 106, and subject otherwise to these Rules, a military prisoner or man undergoing detention who is awarded close confinement, for the period of such confinement--

(a) shall be kept in his room or cell ; and

(b) shall not be allowed to smoke or to consume sweets ; and

(d) shall be allowed only one hour's exercise each day (unless the Medical Officer certifies that he should be allowed such period not exceeding three hours' exercise each day as he may think necessary).

(2) If a military prisoner or man undergoing detention who has been awarded close confinement is violent or inclined to be violent, he may be kept in a special room from which all articles of furniture may be removed during the day time.

(3) A military prisoner or man undergoing detention who is in close confinement shall be visited by a member of the staff at least once in every hour, but such visits shall not be of such a nature as to disturb the rest of such prisoner or man.

PART VII. --JOURNALS, REGISTERS, BOOKS AND RECORDS.

Journals, Registers, etc. to be kept.

111.--(1) The following journals, registers, books and records shall be kept in every military prison and detention barrack :--

(a) The Governor's Journal, in which the Governor shall enter all the matters required to be recorded by Rules 9, 18, 61 , 101 and 104 and all such other matters as it may be necessary or expedient to enter therein ;

(b) The Medical Officer's Journal, in which the Medical Officer shall enter all the matters required to be recorded by Rules 22 and 64 and all such other matters as it may be necessary or expedient to enter therein ;

(c) The Chaplain's Journal, in which shall be entered all the matters required to be recorded by Rule 37 and all such other matters as it may be necessary or expedient to enter therein ;

(d) The Visitor's Journal, in which the Visitor shall enter all the matters required to be recorded by Rule 12 and all such other matters as it may be necessary or expedient to enter therein ;

(e) The Military Prison or Detention Barrack Register, in which shall be entered in respect of each detained man particulars of the following matters :--

(i) service number, rank, name in full, unit, age on admission, weight on admission and release or transfer, religion and next-of-kin ;

(ii) date of admission, cause of commitment, charges on which convicted, sentence to be served and date of commencement thereof ;

(iii) temporary release and any suspension of sentence ;

(iv) transfer or delivery into service custody ;

(v) date of expiration of sentence, notional date of release and any postponement thereof, any remission of sentence and the authority therefor, and the actual date of release ; and

(vi) all such other matters as it may be necessary or expedient to enter therein ;

(f) The Gate-Keeper's Register, in which shall be entered all the matters required to be recorded by Rules 45 and 57 and all such other matters as the Governor may direct ;

(g) Correspondence Register, in which shall be entered all material details of official incoming and outgoing correspondence ;

(h) Register of Detained Men's Letters, in which shall be entered all material details of letters received for, or written by, a detained man and the disposition of each such letter;

(i) The Offences and Punishment Book, in which shall be entered the matters required to be recorded by Rule 108 and all such other matters as it may be necessary or expedient to enter therein ;

(j) The Daily Detail Book, in which shall be entered daily all the orders and directions which the Governor is empowered, or required, by these Rules to give relating to the labour, employment and training of the detained men each day, together with such other matters as he may consider necessary to be known and carried into effect by the members of the staff for the proper administration and discipline of the military prison or detention barrack.

(k) The Detained Man's Personal Record, on which shall be entered in respect of each detained man the following :--

(i) his serial number in the Military Prison or Detention Barrack Register, service number, rank and name ;

(ii) the serial number of every entry relating to him in the Register of Detained Men's Letters ;

(iii) all the matters required to be recorded by Rules 68, 83, 103, 104 and 108 ; and

(iv) all such other matters as it may be necessary or expedient to enter thereon.

(2) Such other journals, registers, books and records shall be kept as may be necessary for the implementation of these Rules, and as the Officer Commanding the Command or the Adjutant-General may, from time to time, direct.

Manner of recording.

112. Every entry in each journal, register, book and record required to be made by these Rules--

(a) shall be made chronologically on the day on which the occurrence to which such entry relates takes place ;

(b) shall be made in ink ;

(c) shall be initialled by the person making such entry (save where the signature of such person is required by these Rules) ; and

(d) shall be numbered seriatim.

Amendment of records.

113. Interpolations and erasures shall not be made in any journal, register, book or record required to be kept by these Rules. If an omission has been made or an amendment is required, a note shall be made in the margin opposite entries made on the date of the occurrence and the matter omitted or to be amended shall be entered on the day on which the omission or error has been detected.

Custody of records.

114. The Governor shall be responsible for the safe custody, preservation and proper maintenance of the journals, registers, books and records required to be kept by these Rules, and of all orders as to the commitment, transfer, delivery into service custody, temporary release and release of detained men.

APPENDIX I.

TABLE OF DAILY ROUTINE FOR MILITARY PRISONERS AND MEN UNDERGOING DETENTION IN A MILITARY PRISON OR DETENTION BARRACK.

PART I.

--WEEK-DAYS.

From	To	Programme	Notes
			(1) Reveille will be as laid down in General Routine Orders for the Permanent Defence Force.
Reveille	08.00	Rise, ablutions, make beds, clean and scrub rooms and cells, roll-call.	(2) Rooms and cells will be scrubbed only in fine weather and then only at the discretion of the Governor.
08.00	08.30	Breakfast.
08.30	12.15	Military training, labour or exercise.	(3) Military training in any day will not exceed two hours, and exercise will be not less than three hours in any day.
12.15	13.30	Roll-call and dinner.	(4) To conform to Rule 75, the Routine may be varied to provide for eight hours' labour. Military training may be omitted.
13.35	16.55	Military training, labour or exercise.
17.00	17.45	Tea.
17.50	18.55	Military training, labour or exercise.	(5) In the case of detained men under eighteen years of age, the Governor may extend the periods of exercise and vary the routine accordingly.
19.00	20.55	Recreation and exercise.
21.00	21.30	Supper.
21.35		Retire to rooms or cells, roll-call and lock-up.	(6) When Church Parades are ordered, the Routine may be varied as may be necessary.
22.00		Lights out.

PART II.

--SUNDAYS AND ARMY HOLIDAYS

From	To	Programme	Notes
Reveille	10.00	Rise, ablutions, make beds, clean rooms and cells, roll-call and breakfast.	The Routine shall be varied so as to provide for Divine Service as may be necessary.
10.00	12.15	Recreation and exercise.
12.15	13.55	Roll-call and dinner.
14.00	16.00	Recreation and exercise.
16.00	17.00	Retire to rooms or cells.
17.00	18.00	Tea.
18.00	21.00	Recreation and exercise.
21.00	21.30	Supper.
21.35		Retire to rooms or cells, roll-call and lock-up.
22.00		Lights out.

APPENDIX II.

FORM OF ORDER FOR THE TEMPORARY RELEASE OF A MILITARY PRISONER OR A MAN UNDER SENTENCE OF DETENTION IN A MILITARY PRISON OR DETENTION BARRACK. (Section 233 (1) (g) of the Act and Rule 94).

To the Governor or Officer in charge of the military prison/detention barrack* at ............................................................ ............................................................ ......................

Whereas (No.)................................(Rank and Name)............................................................ .

(Unit)....................................................is now undergoing a sentence of imprisonment/detention* at............................................................ ..................military prison/detention barrack*

Now, therefore, I, the undersigned, in exercise of the powers vested in me by section 233 of the Defence Act, 1954 , and by the Rules made thereunder and of all other powers in this behalf me enabling, do HEREBY ORDER you to release temporarily the said (No.)........................(Rank)................................(Name)...................................

.................................from your custody in accordance with the said section for the period from............................to............................and for so doing this shall be to you a sufficient warrant.

Signed at........................................this....................day of............................ 19...................

(Name)............................................................ ......................

(Rank)............................................................ ........................

Adjutant-General/Officer Commanding............................Command*

* Strike out whichever is inapplicable.

GIVEN under my Official Seal this 23rd day of December, 1954.

SEÁN MacEOIN,

Minister for Defence.

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Irish Statutory Instruments
You are here: BAILII >> Databases >> Irish Statutory Instruments >> Defence Act, 1954. Rules For Military Prisons and Detention Barracks, S.I. No. 291/1954 URL: http://www.bailii.org/ie/legis/num_reg/1954/0291.html

Irish Statutory Instruments

S.I. No. 291/1954 -- Defence Act, 1954. Rules For Military Prisons and Detention Barracks, 1954.