Prisons Act, 1972

In short

This law amends and extends existing Prisons Acts, primarily allowing for the temporary transfer of prisoners to military custody under specific circumstances and enabling the Minister for Justice to designate new prison locations.

What it regulates

The temporary transfer of persons in custody from prisons to military custody.
The conditions under which such transfers can occur, specifically due to insufficient prison accommodation or staff.
The designation of places to be used as prisons.
The application of the Prisons (Visiting Committees) Act, 1925, to places of military custody.

Who it concerns

The Minister for Justice and the Minister for Defence.
Persons in custody in prison, including those on remand, sent forward for trial or sentence, or serving sentences.
The Oireachtas, which receives statements regarding transfers and reviews regulations.

Key points

The section allowing transfer to military custody was set to operate until May 31, 1974, unless Dáil Éireann resolved otherwise.
The Minister for Justice can direct transfers to military custody if prison accommodation or staff is insufficient to provide secure and reasonable conditions.
Persons transferred to military custody remain there until their court appearance or the termination of their custody period.
The Prisons (Visiting Committees) Act, 1925, applies to military custody locations, with the Minister for Defence taking the role of the Minister for Justice.
The Minister for Defence must make regulations for persons in military custody that correspond to existing prison rules for treatment, employment, and control.

Legal text

Prisons Act, 1972 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1972 Prisons Act, 1972 Prisons Act, 1972 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 7 of 1972 PRISONS ACT, 1972 ARRANGEMENT OF SECTIONS Section 1. Definition. 2. Transfer to military custody. 3. Specifying of prisons. 4. Short title, collective citation and construction. Acts Referred to Prisons (Visiting Committees) Act, 1925 1925, No. 11 Criminal Justice Act, 1960 1960, No. 27 Number 7 of 1972 PRISONS ACT, 1972 AN ACT TO AMEND AND EXTEND THE PRISONS ACTS, 1826 TO 1970. [25th May, 1972] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Definition. 1.—In this Act “the Minister” means the Minister for Justice. Transfer to military custody. 2.—

(1)This section shall continue in operation until the 31st day of May, 1974.

(2)If and whenever Dáil Éireann is satisfied that this section should cease to be in operation, it may, by resolution, declare that it is satisfied as aforesaid and appoint a day on which this section shall cease to be in operation, and on the day so appointed this section shall cease to be in operation.

(3)If and whenever, at a time when this section is in operation, the Minister is of opinion that prison accommodation or prison staff is insufficient to provide secure and reasonable conditions of custody for all persons then in custody in prison or for whom prison accommodation is required or is insufficient to provide such conditions without serious detriment to the maintenance in prisons of the normal arrangements for the rehabilitative treatment and welfare of prisoners he may, in writing— (

a)certify that he is so of opinion, and (
b)direct the transfer to military custody of such of the persons aforesaid as are specified by him, and thereupon the persons so specified shall be transferred to military custody and shall remain in such custody until— (
i)in the case of persons on remand, they are brought before the court to which they were remanded, (
ii)in the case of persons sent forward for trial or sentence, they are brought before the court to which they were sent forward and the proceedings in relation to the trial or sentence have concluded, and (iii) in any other case, their sentences or other periods of custody have terminated.

(4)If and whenever, at a time when this section is in operation, a person on remand or sent forward for trial or sentence is in military custody pursuant to this section, a court that further remands him in custody or a court that sends him forward in custody for trial or sentence or a court that sentences him to be detained in custody in prison shall commit him to military custody for the period of such remand, sending forward or sentence.

(5)The Minister— (

a)may, at any time, direct the transfer to a prison of a person in military custody pursuant to this section, and (
b)shall direct the transfer to a prison of all persons in military custody as aforesaid if he is of opinion that circumstances warranting their being retained in military custody no longer obtain, and, if a direction under this subsection is given, thereupon any person concerned shall be transferred to a prison.

(6)Where a direction is given under subsection

(3)or

(5)of this section, a statement specifying the giving thereof and the names, the offences (or the offences with which they are charged) and, where appropriate, the sentences of the persons concerned shall be laid before each House of the Oireachtas as soon as may be.

(7)A person who is in military custody pursuant to this section shall not continue to be kept in military custody when this section ceases to be in operation.

(8)The Prisons (Visiting Committees) Act, 1925 , shall apply to places in which persons are kept in military custody pursuant to this section in the same way as it applies to prisons, subject to the modification that references to the Minister in that Act shall be construed as references to the Minister for Defence.

(9)The Minister for Defence shall make regulations in relation to the places and the manner generally in which persons in military custody pursuant to this section shall be kept in custody and such regulations shall correspond to the rules for the time being in force under the Prisons Acts, 1826 to 1970, governing the treatment, employment and control of persons in prison.

(10)Nothing in this section shall operate to prevent the release of a person on bail.

(11)Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation has been laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(12)In this section “prison” includes Saint Patrick's Institution (within the meaning of the Criminal Justice Act, 1960 ). Specifying of prisons. 3.—The Minister may from time to time specify a place or places to be used as a prison or prisons and each place so specified shall be a prison to which the Prisons Acts, 1826 to 1970, apply. Short title, collective citation and construction. 4.—

(1)This Act may be cited as the Prisons Act, 1972.

(2)The Prisons Acts, 1826 to 1970, and this Act may be cited together as the Prisons Acts, 1826 to 1972, and shall be construed as one. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.