STATUTORY INSTRUMENTS

S.I. No. 680 of 2004

PRISONERS (TEMPORARY RELEASE) RULES 2004

S.I. No. 680 of 2004

PRISONERS (TEMPORARY RELEASE) RULES 2004

I, MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 2 (inserted by section 1 of the Criminal Justice (Temporary Release of Prisoners) Act 2003 ( No. 34 of 2003 )) of the Criminal Justice Act 1960 (No. 27 of 1960) hereby make the following rules:

1.  (1)  These Rules may be cited as the Prisoners (Temporary Release) Rules 2004.

(2)  These Rules shall come into operation on 12 November, 2004.

2.  In these Rules “direction” means a direction given under section 2 (inserted by section 1 of the Criminal Justice (Temporary Release of Prisoners) Act 2003 (No. 34 of 2003)) of the Criminal Justice Act 1960 (No. 27 of 1960).

3.  In addition to any conditions specified in a direction, the release of a person pursuant to a direction shall be subject to the following conditions:

(a)  that the person shall keep the peace and be of good behaviour during the period of his or her release,

(b)  that the person shall be of sober habits during that period, and

(c)  that the person shall return to the prison from which he was released on or before the expiration of the period for which he was released.

4.  Where a direction has been given in relation to a person--

(a) a notice in the form set out in the Schedule to these Rules, or in a form of like effect, shall be completed and signed by the governor of the prison concerned or such other person as is for the time being performing the functions of the governor in relation to that prison,

(b)  the person to whom the direction applies shall sign or place his mark on the notice in the presence of a witness (other than the governor of the prison or person for the time being performing the functions of the governor in relation to that prison) who shall also sign the notice, and

(c)  the person to whom the direction applies shall be given a copy of the notice.

SCHEDULE

CRIMINAL JUSTICE ACT 1960.

TEMPORARY RELEASE NOTICE

TEMPORARY RELEASE FROM PRISON / PLACE OF DETENTION/ SAINT PATRICK’S INSTITUTION.

This notice is to inform you that you, ............................................................ ...........................,

are being released from ............................................................ .................................. Prison /

Place of Detention / Saint Patrick’s Institution for the period from

................................... on ...................................., 20........, to ...............................................

on ............................................, 20........, for the purpose of ...................................................

............................................................ ............................................................ ........................

............................................................ ............................................................ ........................

............................................................ ............................................................ ........................

and that your release is subject to the following conditions with which you are obliged to comply during the period of your release:--

(a) you shall keep the peace and be of good behaviour during the period of release,

(b) you shall be of sober habits,

............................................................ ............................................................ ........................

............................................................ ............................................................ ........................

............................................................ ............................................................ ........................

Signature: ............................................................ ........................

Governor/officer for the time being in charge of ............................................................ ............ Prison/Place of Detention/Saint Patrick’s Institution.

Date: ...................................................., 20...........

Note: Failure to return on or before the expiration of the period of temporary release or breach of any of the conditions attached to the period of temporary release is an offence under section 6 of the Criminal Justice Act, 1960 and punishable on conviction by imprisonment for a term not exceeding six months.

I hereby acknowledge that I am aware of the terms and conditions of my temporary release stated above which have been explained to me and of the time when my period of release expires. I also acknowledge that the grant of this period of temporary release shall not confer an entitlement on me to the grant of further such releases. I have been given a copy of this notice.

Signature or mark:

.....................................................

Person being released.

Date: .............................., 20........

Signature of Witness: .....................................................

Date ..............................., 20........

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules provide for the temporary release of persons from prisons, from St. Patrick’s Institution, and from places provided under Section 2 of the Prisons Act, 1970 .