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  4. S.I. No. 114/1955 - Regulations As To The Measuring and Photographing of Prisoners, 1955.

S.I. No. 114/1955 - Regulations As To The Measuring and Photographing of Prisoners, 1955.

S.I. No. 114 of 1955.

REGULATIONS AS TO THE MEASURING AND PHOTOGRAPHING OF PRISONERS, 1955.

I, JAMES EVERETT, Minister for Justice, in exercise of the powers conferred by the Penal Servitude Act, 1891, hereby make the following regulations :—

1. These regulations may be cited as the Regulations as to the Measuring and Photographing of Prisoners, 1955.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these regulations.

3. A convicted prisoner may be photographed and measured and his finger and palm prints may be taken at any time during his imprisonment.

4.—(1) Subject to paragraph (3), an untried prisoner shall not, while in prison, be measured or photographed nor shall his finger or palm prints be taken except with the authority of the Minister for Justice or upon the application in writing of a member of the Garda Síochána of not lower rank than Inspector approved by a Justice of the District Court, or, in the Dublin Metropolitan District, by the Commissioner or a Deputy Commissioner of the Garda Síochána.

(2) The application shall set forth that from the character of the offence with which the prisoner is charged or for other specified reasons there are grounds for suspecting that he has been previously convicted or has been engaged in crime or that for other specified reasons the particulars are required for the purposes of justice.

(3) If the prisoner, on being informed of his right to object, does not do so, his height may be measured, and his photograph, finger and palm prints taken, on the application in writing of a member of the Garda Síochána of not lower rank than Inspector.

(4) This regulation is without prejudice to the provisions of any special enactment.

5. Where, in the case of an untried prisoner not previously convicted of any crime, photographs, prints or measurements have been taken under these regulations, all such photographs (both negatives and copies), print impressions and records of measurements so taken shall, upon his discharge or acquittal, be forthwith destroyed or handed over to him.

6. Photographs may be taken either in the dress of the prison or in the dress the prisoner wore at the time of his trial, or in any other dress suitable to his ostensible position and occupation in life. The photographs shall include a photograph of the full face, a photograph of the true profile and a full length photograph.

7. The measurements to be taken may include—

The length and breadth of the head.

The length and breadth of the face.

The length and breadth of the ears.

The length of either foot.

The length of the fingers of either hand.

The length of the cubit and hand either right or left.

The span of the arm.

The prisoner's height when standing.

The prisoner's height when sitting.

The size and relative position of every scar and distinctive mark upon any part of the body.

8. The external filaments of the fingers and thumbs and palms of both hands are to be taken by pressing them first upon an inked plate and then upon paper or cardboard, so as to leave a clear print of the skin surface.

9. The regulations made on the 30th day of March, 1897, and the 29th day of June, 1904, as to the measuring and photographing of prisoners are revoked.

GIVEN under my Official Seal, this 14th day of June, 1955.

(Signed) JAMES EVERETT.

Minister for Justice.