No. 288/1939:

OFFENCES AGAINST THE STATE ACT, 1939 (MILITARY CUSTODY) REGUALTIONS, 1939.

OFFENCES AGAINST THE STATE ACT, 1939 (MILITARY CUSTODY) REGUALTIONS, 1939.

OFFENCES AGAINST THE STATE ACT, 1939 . REGULATIONS

(made under Section 50 (4) of the Act).

ARRANGEMENT OF SECTIONS.

Section.

1. Short Title.

2. Definitions.

3. Places of Detention in Military Custody.

Rules for Prisons detailed under " A " of Appendix I.

4. Command and Administration.

5. Infirmary.

6. Searching.

7. Property of prisoners and return of on discharge.

8. Prisoners prohibited from receiving any articles.

9. Record of measurements and other particulars.

10. Medical examination on admission.

11. Medical examination on removal or discharge.

12. Baths.

13. Cutaneous disease or vermin.

14. Custody of prisoners outside prison.

15. Dietary scales.

16. Prison dress.

17. Bed clothing and bedding.

18. Cleanliness.

19. Restriction on employment of prisoners.

20. Aged prisoners and prisoners suffering from mental or physical infirmities.

21. Exercise.

22. Medical examination of Hard Labour prisoners.

23. Rules as to books, printed papers and reading.

24. General provisions as to visits.

25. Powers of Governer as to visitors.

26. Interviews with legal practitioners.

27. Visits by members of the Gárda Síochána.

28. Prisoners' letters.

29. Smoking.

30. Hobbies, handicraft and instruction.

31. Person authorised to award punishments.

32. Offences against prison discipline.

33. Powers of Governor as to offences and opportunity for defence.

34. Punishments which may be imposed by Governor.

35. Record of punishment.

Section.

36. Use of irons.

37. Rules as to prisoners under sentence of death.

38. Exclusion of persons before and during execution.

39. Visits to prisoners under sentence of death.

40. Expenditure of moneys on behalf of prisoner.

41. Articles made become prisoners' property.

Governor.

42. Duty of Governor to keep records, etc.

43. Duties as to inspecting prison and prisoners.

44. Prevention of escape.

45. Duties as to locking gates and custody of keys.

46. Duty to call attention of Medical Officer to prisoners requiring his attention and carrying out recommendations.

47. Duty to report mental or physical disorders.

48. Duty to provide Medical Officer with list of prisoners under punishment.

49. Duty to visit Infirmary daily.

50. Duty as to notifying cases to Chaplain.

51. Duties as to notifying relatives of dangerous illness of prisoner.

52. Duty as to notification of the death of a prisoner.

53. Duties as to sanitary condition of prison.

54. Duties as to prevention of fire and Air Raid Precautions.

55. Duties as to complaints.

56. Compliance with Regulations.

Medical Officer.

57. Duties as to visiting prison and prisoners.

58. Duties as to inspection of food, etc.

59. Duties as to recording illness.

60. Duties as to special observation of prisoners and reports as to mental and physical disorder.

61. Duties as to entering particulars of death.

62. Duties as to general health of prisoners.

63. Duty of Medical Officer to keep records.

Chaplain.

64. Licence from Bishop in case of appointment of Chaplain.

65. Duty of Chaplain to conform to rules.

66. Prayers and religious services.

Rules for Prison Hospitals detailed under " B " of Appendix I.

67. General rules.

68. Command and administration.

Appendix I.

Places in which persons transferred to military custody under Section 50, sub-section (3) of the Act may be detained.

STATUTORY RULES AND ORDERS.

1939. No. 288.

OFFENCES AGAINST THE STATE ACT, 1939.

REGULATIONS

(made under Section 50 (4) of the Act).

I, Oscar Traynor, Minister for Defence, in exercise of the powers conferred on me by sub-section (4) of Section 50 of the Offences Against the State Act, 1939 (No. 13 of 1939), do hereby make the following regulations, that is to say :—

1.—These Regulations may be cited as the Offences Against the State Act, 1939 (Military Custody), Regulations, 1939.

2.—In these Regulations :—

(i) the expression " the Act " means the Offences Against the State Act, 1939 (No. 13 of 1939) ;

(ii) the expression " the Adjutant-General " means the Adjutant-General of the Defence Forces ;

(iii) the expression " the Governor " means the Officer of the Defence Forces appointed by the Adjutant-General to command and administer any of the places set out at " A " of Appendix I hereto, and includes any Officer for the time being authorised to act on behalf of the Governor ;

(iv) the term " prisoner " means a person sentenced to penal servitude or imprisonment by a Special Criminal Court or the Court of Criminal Appeal.

3.—The places (in these Regulations referred to as " prisons ") in which persons transferred to military custody under Section 50, sub-section (3) of the Act may be kept in military custody are set out in Appendix I to these Regulations.

Rules for Prisons detailed under " A " of Appendix I.

4.—(1) The prisons detailed under " A " of Appendix I shall be under the command and administration of the Governor.

(2) The Governor may be assisted by a Medical Officer and such other staff as shall be provided.

5.—An Infirmary or proper place for the reception of sick prisoners shall be provided.

6.—(1) Every prisoner shall be searched on admission and at such times subsequently as may be directed by the Adjutant-General. The amount and nature of the property (other than clothing) to be retained by the prisoner or at any time to be in his possession shall be at the discretion of the Governor; and any article not so authorised to be in the possession of a prisoner shall be a " prohibited article " for the purpose of these Regulations.

(2) The searching of a prisoner shall be conducted in a manner consistent with the necessity of discovering any concealed articles.

(3) Normally no prisoner shall be searched in the presence of another prisoner.

7.—(1) All moneys or other effects brought into the prison by any prisoner, or sent to the prison for his use, which he is not allowed to retain, shall be placed in the custody of the Governor who shall keep an inventory of them.

(2) On discharge, the property of a prisoner may, save as otherwise provided in these Regulations, be returned to him.

8.—(1) Save as provided in the next sub-paragraph, or where specially authorised by the Adjutant-General, no spirituous liquors, tobacco, money, clothing, provisions, letters, papers, books or any articles whatsoever shall be brought into the prison, or thrown into it, or conveyed to any prisoner while in custody outside the prison, or carried out of the prison.

(2) Parcels of clothing may be brought into the prison for the use of prisoners. Such parcels shall be exhaustively examined by a member of the prison staff previous to their being handed over to the prisoner.

9.—The name, home address, religious denomination, age, height, weight, features, particular marks, general appearance, and such other measurements and particulars as may be required in regard to a prisoner shall, upon his admission, and from time to time, be recorded. The name and address of the next-of-kin shall also be recorded.

10.—Every prisoner shall, as soon as possible after his admission, be separately examined by the Medical Officer, who shall record the state of health of the prisoner, and such other particulars as may be directed by the Adjutant-General.

11.—Every prisoner shall be examined by the Medical Officer before being removed to any other prison or being discharged from prison. No prisoner shall be removed to any other prison if the Medical Officer certifies that he is unfit for removal.

12.—Every prisoner shall take a bath on reception unless it is otherwise directed in any particular case by the Governor.

13.—If a prisoner is found to have any cutaneous disease or to be infested with vermin, means shall be taken to eradicate and destroy effectually such disease or vermin.

14.—Any prisoner, while outside the prison, shall be kept in the custody of the military personnel detailed for that purpose.

15.—The diet of well-conducted prisoners shall be as laid down from time to time in Regulations for soldiers of the Forces or otherwise as authorised by the Minister for Defence.

16.—Prisoners shall be allowed to wear their own clothing ; supplies of necessary clothing by friends shall be permitted.

17.—Every prisoner shall be supplied with bed clothing and bedding as may be directed by the Adjutant-General.

18.—(1) A prisoner shall be required to keep himself clean and decent in his person and to conform to such orders as may be issued for that purpose.

(2) Every prisoner shall obey such orders as regards washing, bathing and hair-cutting, as may from time to time be issued with a view to the maintenance of health and cleanliness.

(3) Each prisoner shall keep his cell, utensils and other articles issued for his use, and his clothing and bedding clean and neatly arranged.

(4) Prisoners will be allowed to shave.

19.—A prisoner may be employed in the service of the prison, but shall not be employed in the discipline thereof, or in the service of any officer or servant thereof.

20.—An aged prisoner in weak health, or any prisoner suffering from physical or mental infirmity, likely to be aggravated by cellular isolation, may be treated in such manner as the Governor on the advice of the Medical Officer may direct.

21.—In the prisons detailed under " A " of Appendix I hereof, convicted prisoners shall, when practicable, be permitted to associate and to take exercise daily from 9 hours to 17 hours in the winter period and from 9 to 21 hours in the summer period.

22.—The Medical Officer shall from time to time examine prisoners sentenced to Hard Labour during the time of their being so employed and shall enter in his journal the name of any prisoner whose health he thinks to be endangered by a continuance of labour.

23.—(1) Save where specially authorised by the Adjutant-General, no newspaper shall be allowed to be in possession of the prisoners. Printed matter (other than newspapers) if approved by the Governor may be allowed to be in their possession.

(2) Prisoners shall be allowed to read when in their cells, save during the period " Lights Out " to " Reveille ".

24.—Prisoners detained in the prisons detailed under " A " of Appendix I hereof shall in addition to any visits under paragraph 26 be allowed one visit at the expiration of three months from the date of admission and thereafter one visit at intervals of three months. In the case of relatives, however, one visit per month shall be allowed.

Additional visits shall be allowed at the discretion of the Adjutant-General.

Not more than three persons together shall be allowed to visit a prisoner.

25.—(1) The Governor may demand the name and address of any visitor to a prisoner, and when he has grounds for suspicion may search, or cause to be searched, visitors, the search not normally to be in the presence of a prisoner or any other visitor ; and in the case of any visitor refusing to be searched, the Governor shall deny him or her admission. The Governor shall enter in his journal the grounds of any such proceedings with the particulars thereof.

(2) If there are reasonable grounds for suspecting that any person who comes to the prison for the purpose of seeing a prisoner, brings in or takes out any articles for an improper purpose or contrary to the prison orders or that his conduct may tend to subvert the discipline or good order necessary to be maintained in the prison, the Governor may suspend his visit and remove him from the prison, duly recording the fact in his journal.

(3) The Governor shall remove from the prison any visitors to the prison or to a prisoner whose conduct is improper, and shall duly record such removal in his journal.

26.—A prisoner who desires legal assistance shall apply in writing stating the particular legal business in which assistance is required and naming the legal practitioner whom he desires to interview. Such application will be considered by the Adjutant-General, and if granted by him will in every case be subject to the condition that the legal practitioner will sign an undertaking on his professional honour that the interview with the prisoner will be concerned solely with the legal business in respect of which the prisoner made application.

The provisions of this paragraph shall be brought to the notice of all prisoners.

27.—A member of the Gárda Síochána in possession of an order in writing from an officer of the Gárda, not below the rank of Inspector, may be permitted to interview prisoners as required.

28.—(1) Prisoners shall be allowed to write one letter per week but there shall be no limitation to the number of letters received.

Additional letters may be written at the discretion of the Adjutant-General.

(2) Where prisoners have sufficient money to their credit, stamps will be affixed to their letters; otherwise letters will be allowed to go unstamped.

(3) Every letter to and from a prisoner shall be read by the Governor, or an officer on his behalf, and if the contents are considered objectionable, it shall not be forwarded, or the objectionable part shall be erased according to the discretion of the Governor.

29.—In the prisons detailed under " A " of Appendix I hereof, prisoners may, with the permission of the Governor, be allowed to smoke when in their cells and when at exercise in the open.

30.—Prisoners may with the permission of the Governor engage in a hobby or handicraft or may be instructed in such educational subjects as may be approved, i.e., Irish Language, Irish History and Geography, etc.

The number of hours to be devoted to such subjects shall be arranged by the Governor but will not exceed four hours daily.

Instruction shall be by classes which shall be held in the presence of a member of the staff of the prison.

31.—No punishment or privation of any kind shall be awarded to a prisoner by any officer of the prison except by the Governor, or in his absence, the officer appointed to act for him.

32.—A prisoner shall be guilty of an offence against prison discipline if he :—

(1) Disobeys any order of the Governor or of any other member of the staff, or any prison order.

(2) Treats with disrespect any officer, soldier or member of the staff, or any visitor or any person employed in connection with the prison or works.

(3) Is idle, careless or negligent.

(4) Behaves irreverently at divine service or prayers.

(5) Swears, curses, or uses any abusive, insolent, threatening or improper language.

(6) Is indecent in language, act or gesture.

(7) Commits an assault upon another prisoner.

(8) Converses or holds intercourse with another prisoner without authority.

(9) Sings, or whistles in a noisy manner, or makes any unnecessary noise or gives any unnecessary trouble.

(10) Leaves his cell or other appointed location, or his place of work without permission.

(11) In any way disfigures or damages any part of the prison, or any article to which he may have access.

(12) Commits any nuisance.

(13) Has in his cell or possession any article he is not allowed to have.

(14) Gives or receives from any prisoner any article whatever without leave.

(15) In any other way offends against good order or discipline.

(16) Escapes from prison, or connives at the escape of any other prisoner.

(17) Attempts to do any of the foregoing things.

33.—The Governor may examine any person touching any alleged offence against prison discipline and determine thereupon and punish the offence, but a prisoner shall have an opportunity of hearing the charges and evidence against him and of making his defence prior to being punished.

34.—The Governor may order a prisoner to be punished by :—

(a) Close confinement for a period not exceeding 3 days.

(b) Restricted diet for ill-conducted prisoners under the conditions and according to the scales of punishment diet laid down in the Rules for Military Detention Barracks.

(c) Deprivation of mattress for a period not exceeding 3 days.

(d) Deprivation of facilities accorded to a prisoner under paragraphs 23, 24, 28, 29, 30 and 40.

35.—The Governor shall enter in the punishment book a statement of the nature of any offences punished by him, with the addition of the name of the offender, the date of the offence, and the punishment inflicted.

36.—A prisoner may be put in irons or under mechanical restraint by the Governor in case of necessity or for purposes of restraint, and particulars of every case shall be entered by the Governor in his journal.

37.—Every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence, be searched by or by the orders of the Governor, and all articles shall be taken from him which the Governor deems dangerous or inexpedient to leave in his possession. He shall be confined in a cell apart from other prisoners and shall be placed by day and by night under close supervision. He shall be allowed such a dietary and amount of exercise as the Governor may direct. The Chaplain of the prisoner's denomination shall have free access to every such prisoner. With the above exception no person not being a member of the prison staff shall have access to the prisoner until the Governor has received permission from higher authority.

38.—During the preparation for an execution, and the time of the execution, no person shall enter the prison unless legally entitled to do so.

39.—A prisoner under sentence of death may be visited by such of his relations, friends and legal advisers, as are authorised by higher authority to visit him.

40.—The Governor may out of moneys in his custody belonging to a prisoner, or forwarded on his behalf, purchase at the request of the prisoner, clothes, books, fruit, food, stationery, tobacco, cigarettes and such materials as may be approved by the Governor.

The amounts so expended shall be debited to the account of the prisoner.

41.—Where materials are purchased on behalf of a prisoner in accordance with the preceding paragraph the articles made by him shall become his property.

Governor.

42.—(1) The Governor shall keep a prison journal, a prison register, a punishment book, a property book and such other books and records as may be required or from time to time directed.

(2) He shall be responsible for the safe custody of all books and registers which he is required to keep and of all documents and property committed to his care.

43.—The Governor or an officer deputed by him shall visit and inspect daily the wards, cells, yards, and divisions of the prisons; also the bakehouse, kitchen and workshops, and every cell or other place in which any prisoner is undergoing punishment or special discipline, or charged with any offence and as far as practicable shall see every prisoner once at least in every twenty-four hours.

44.—(1) Unless otherwise ordered the Governor shall be responsible for the defences of the prison.

(2) The Governor shall take every precaution to prevent the escape of prisoners, and he may for this purpose use such force as may be necessary. He shall take care that all ranks are well instructed as to their duties and responsibilities in this respect and vigilant in fulfilling them.

(3) The Officer Commanding the Command in which the prison is situated shall place at the disposal of the Governor such personnel as may be required for the defence of the prison and the prevention of escape of the prisoners.

45.—The Governor shall ensure that all gates are locked at the proper times and that all keys of the prison are kept in their authorised places, or in the possession of the authorised officers and he shall ensure that no prison key is taken outside the prison precincts.

46.—(1) The Governor shall without delay call the attention of the Medical Officer to any prisoner whose state of mind or body appears to require attention, and shall as far as possible carry into effect the written recommendations of the Medical Officer for the alteration of the discipline or treatment of any such prisoner or for the supply of any additional articles to any prisoner on medical grounds.

(2) The Governor shall cause to be furnished to the Medical Officer daily a list of the prisoners reporting sick in the prison.

(3) The Governor shall carry into effect the written recommendation of the Medical Officer for separating from the other prisoners any prisoner labouring or suspected of labouring under any infectious, contagious or mental disease, and shall immediately take steps as may be necessary to prevent the spread of any contagious or infectious disease.

47.—The Governor shall, without delay, report to higher authority any case of insanity or apparent insanity occurring among prisoners or any case in which the Medical Officer is of opinion that the life of any prisoner will be endangered by further imprisonment or that any sick prisoner will not survive his sentence or is totally and permanently unfit for prison discipline, or has reason to believe that the mental state of any prisoner is becoming impaired or enfeebled by continued imprisonment.

48.—The Governor shall daily cause to be furnished to the Medical Officer a list of prisoners under punishment.

49.—The Governor shall visit the Infirmary daily and see all prisoners therein, and shall take care that proper arrangements are made for the safe custody of the sick prisoners, and that discipline is maintained so far as is consistent with the medical treatment prescribed for them.

50.—The Governor shall notify to the Chaplain the case of any prisoner whose life is in danger, or whose state of health in mind or body appears to require his attention.

51.—In any case in which the sickness of any prisoner has, in the opinion of the Medical Officer, assumed an aspect of danger, the Governor shall, whenever practicable, inform the relatives of the prisoner thereof.

52.—Upon the death of a prisoner the Governor shall notify the Coroner, the Gárda Síochána, and where practicable the next-of-kin of the deceased.

53.—The Governor shall pay attention to the ventilation, drainage and sanitary condition of the prison and take such measures as may be necessary for their being maintained.

54.—The Governor shall take care that proper precautions against fire are adopted, and that the fire appliances for the extinction of fire are at all times kept in good order and ready for use. He shall take care that instructions are given as to the steps to be taken in case of fire, and that all ranks concerned are acquainted with their duties on such occasions. He will ensure that the prisoners are instructed in the procedure in case of fire or air raid occurring.

55.—The Governor shall take care that every prisoner having a complaint to make or request to prefer to him shall have facilities for doing so, and he shall redress any legitimate grievance, or take such steps as may seem necessary, recording the same in his journal.

56.—The Governor will conform to these Regulations and will be responsible for their due observance by others.

Medical Officer.

57.—(1) The Medical Officer shall every day see such prisoners as complain of illness, reporting to the Governor in writing their fitness or otherwise. He shall daily visit the sick in the Infirmary at such times as may be necessary. He shall attend at once on receiving information of the serious illness of any prisoner.

(2) The Medical Officer shall once every day or more often, visit every prisoner under punishment or under special discipline or any other prisoners to whom his attention is specially directed.

(3) The Medical Officer shall frequently examine the washing places, baths, and other provision for purposes of cleanliness or sanitation, and see whether they are in efficient working order and report at once to the Governor any defect or insufficiency therein.

58.—The Medical Officer shall frequently inspect the food of the prisoners, cooked and uncooked and shall report to the Governor as to the quality of the provisions, and also as to sufficiency of clothing, bedding, any deficiency in the quantity or defect in the quality of the water or any other cause which may affect the health of the prisoners.

59.—(1) The Medical Officer shall record day by day an account of the state of every sick prisoner, the name of his disease, a description of the medicines, diet and any other treatment which he orders for such prisoner.

(2) The Medical Officer shall also record such matters connected with his duties as may be directed by the Adjutant-General.

60.—(1) When the Medical Officer has any reason to suspect that the mental state of any prisoner is becoming impaired, or enfeebled by continued imprisonment, he shall take the prisoner under his special observation; and should there be good reason to believe that, either from the conduct of the prisoner, or from his manner or habits, there are signs of incipient insanity, he shall report the circumstances to the Governor for the information of the Minister, stating in cases of doubt, whether he desires any special or additional advice.

(2) Whenever the Medical Officer has reason to believe that a prisoner's health is likely to be injuriously affected by the discipline or treatment he shall report the case in writing to the Governor, together with such recommendations as he thinks proper, and he shall call the attention of the Chaplain to any prisoner who appears to require his special notice.

(3) The Medical Officer shall give notice to the Governor and the Chaplain when the sickness of any prisoner appears to him to assume an aspect of danger.

(4) The Medical Officer shall report in writing to the Governor the case of any prisoner to which he thinks it necessary on medical grounds to call attention and shall make such recommendations as he deems needful for the alteration of the discipline or treatment of the prisoner, or for the supply to him of additional articles.

(5) Whenever the Medical Officer is of opinion that the life of any prisoner will be endangered by his continuance in prison, or that any sick prisoner will not survive his sentence or is totally and permanently unfit for prison discipline, he shall state the opinion and the grounds thereof, in writing to the Governor, who shall duly forward the same to higher authority.

61.—The Medical Officer shall forthwith on the death of any prisoner enter in his journal the following particulars, viz:—at what time the deceased was taken ill; when the illness was first communicated to the Medical Officer; the nature of the disease; when the prisoner died and an account of the appearance after death (in cases where a post-mortem examination is made), together with any special remarks that appear to him to be required.

62.—The Medical Officer shall have the general care of the health of the prisoners and shall report to the Governor any circumstance connected with the prison or the treatment of the prisoners which at any time appears to him to require consideration on medical grounds.

63.—(1) The Medical Officer shall keep a journal; a medical history sheet in the case of every prisoner; a medical case sheet in the case of every sick prisoner and such other documents and records as may be required or as may from time to time be directed by the Adjutant-General.

(2) The Medical Officer shall keep such statistical records and furnish such returns relative to the health and medical treatment of prisoners and to the sanitary condition of the prison buildings as may be required.

(3) The Medical Officer shall report periodically and from time to time as may be required on the general health and sanitary condition of the establishment, the health of the prisoners, and in reference to any other points upon which he may be required to report.

Chaplain.

64.—No Chaplain shall officiate in any prison until he has obtained written authority for that purpose from his Bishop, nor for any longer time than while such written authority continues in force.

65.—The Chaplain shall conform to the Rules and Regulations of the prison and shall not interfere with the working of them as regards the safe custody, discipline and labour of the prisoners, but shall support the Governor in the maintenance thereof.

66.—Facilities for attending religious services and prayers shall be provided.

Rules for Prison Hospitals detailed under " B " of Appendix I.

67.—Subject as hereinafter mentioned the Rules for Prisons detailed under " A " of Appendix I shall apply to the Prison Hospitals detailed under " B " of Appendix I.

68.—Subject as in this paragraph hereinafter set out the command and administration of Prison Hospitals shall remain the duty of the Officer Commanding Hospital, who shall exercise all the powers and duties conferred or imposed on the Governor and Medical Officer by these Regulations.

Provided, however, that the powers and duties conferred or imposed by these Regulations on a Governor of a Prison in respect of the following matters, that is to say, visits, letters, intercourse between prisoners, safe custody, the keeping of non-medical records, the maintenance of discipline and the punishment of offences against prison discipline shall in respect of such Prison Hospitals be conferred or imposed on such commissioned officer of the staff of the Provost Marshal as may be appointed for that purpose by the Adjutant-General.

Appendix I.

A. Arbour Hill Detention Barracks, Dublin.

Military Detention Barracks, Curragh Camp, County Kildare.

B. St. Bricin's Hospital, Dublin.

Curragh Military Hospital, Curragh Camp, County Kildare.

Given under my Official Seal this 16th day of October, 1939.

OSCAR TRAYNOR,

Aire Cosanta.