S.I. No. 312/1970 - Temporary Release of Offenders (Shanganagh Castle) Rules, 1970.

S.I. No. 312 of 1970.

TEMPORARY RELEASE OF OFFENDERS (SHANGANAGH CASTLE) RULES, 1970.

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 2 of the Criminal Justice Act, 1960 (No. 27 of 1960), as applied by section 4 of the Prisons Act, 1970 (No. 11 of 1970), hereby make the following rules:

1. These Rules may be cited as the Temporary Release of Offenders (Shanganagh Castle) Rules, 1970.

2. In these Rules—

"the Minister" means the Minister for Justice;

"Shanganagh Castle" means Shanganagh Castle, Shanganagh, in the county of Dublin, being a place provided by the Minister under section 2 of the Prisons Act, 1970 (No. 11 of 1970).

3. The Governor or other officer in charge for the time being of Shanganagh Castle may, subject to the directions of the Minister and subject to any exceptions which may be specified in directions of the Minister, release temporarily for a specified period a person detained therein.

4. Directions of the Minister under Rule 3 of these Rules may be given in relation to releases generally or in relation to a particular release or series of releases or in relation to the release of any category or class of person.

5. In addition to any other conditions which may be imposed in any particular case, the release of a person under these Rules shall be subject to the following conditions, namely, that—

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

( b ) the person shall be of sober habits,

( c ) the person shall not communicate with, or publish or cause to be published any matter by means of, newspapers or any other publishing medium or engage in public controversy.

6. Where it is proposed to release a person under these Rules—

( a ) a notice in the form set out in the Schedule to these Rules, or in a form to the like effect, shall be completed, and shall be signed by the person making the release, being the Governor or other person for the time being in charge of Shanganagh Castle,

( b ) the person whom it is proposed to release shall be given a copy of the notice and shall acknowledge its receipt by signing or placing his mark on the original notice in the presence of a witness who shall also sign the original notice.

7. Where a person is released under these Rules, he shall return to Shanganagh Castle on or before the expiration of the period for which he was temporarily released and failure to do so or the breach by him of a condition to which his release was made subject shall be deemed to be a breach of the discipline of Shanganagh Castle.

SCHEDULE

NOTICE

CRIMINAL JUSTICE ACT, 1960 .

PRISONS ACT, 1970 .

TEMPORARY RELEASE FROM SHANGANAGH CASTLE

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

are being released from Shanganagh Castle for the period from............................................................ ..

on................................................., 19...................., to........................................................ on.........................

19........, 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:—

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

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

Signature:	............................................................ .......
	Governor/Officer for the time being in charge of Shanganagh Castle.
	.................................................... 19..........

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 have received a copy of this notice.

Signature or mark:	............................................................ .......
	Person being released.
	..................................................., 19..........
Witness:	.............................................

NOTE—Failure to return on or before the expiration of the period of temporary release or breach of any of the conditions attached to temporary release is a breach of the discipline of Shanganagh Castle and is an offence punishable on conviction by imprisonment for a term not exceeding six months.

GIVEN under my Official Seal, this 31st day of December, 1970.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These Rules make provision in relation to temporary release from the "open" centre for offenders at Shanganagh Castle, Co. Dublin.