S.I. No. 313/1970 - Detention of Offenders (Shanganagh Castle) Regulations, 1970.

S.I. No. 313 of 1970.

DETENTION OF OFFENDERS (SHANGANAGH CASTLE) REGULATIONS, 1970.

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 3 of the Prisons Act, 1970 (No. 11 of 1970), hereby make the following regulations:

1. These Regulations may be cited as the Detention of Offenders (Shanganagh Castle) Regulations, 1970.

2. In these Regulations—

"Governor" means the Governor of Shanganagh Castle;

"offenders" means persons detained in Shanganagh Castle;

"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);

"the Visiting Committee" means the Visiting Committee to Shanganagh Castle.

3. Male persons who, at the time of their transfer to Shanganagh Castle, are neither less than 16 nor more than 21 years of age may be detained therein.

4. (1) Offenders shall, in so far as the period of their detention permits, be given such training and treatment as will encourage and assist them to lead law-abiding and self-supporting lives.

(2) Any restriction imposed on offenders shall be kept to the minimum required for well-ordered community life.

(3) In controlling offenders officers shall seek to influence them by good example and leadership and to enlist their willing co-operation.

(4) At all times the training and treatment of offenders shall be such as to encourage in them self-respect and a sense of personal responsibility.

5. (1) Subject to Regulation 6 of these Regulations, a punishment for a breach of discipline (including absconding) by an offender may be imposed by, but only by, the Governor or the Visiting Committee and such punishment shall consist only of one or more of the following, namely—

( a ) a caution or reprimand,

( b ) a stoppage of gratuity for a period not exceeding seven days,

( c ) a restriction of visits, communications or outings for a period not exceeding—

(i) in case the restriction is imposed by the Governor- fourteen days,

(ii) in case the restriction is imposed by the Visiting Committee- twenty-eight days,

( d ) a forfeiture of remission of sentence up to a maximum of—

(i) in case the forfeiture is imposed by the Governor- fourteen days,

(ii) in case the forfeiture is imposed by the Visiting Committee- twenty-eight days.

(2) A punishment imposed in accordance with this regulation shall apply or continue to apply, as may be appropriate, to the person on whom it was imposed notwithstanding the fact that such person has been transferred from Shanganagh Castle under section 5 of the Prisons Act, 1970 .

6. In case the Governor is absent, the officer in charge of Shanganagh Castle may—

( a ) impose on an offender a punishment which may be imposed by the Governor under Regulation 5 of these Regulations, and

( b ) in so far as it may be necessary for the rule and management of Shanganagh Castle or for the control of offenders, exercise or perform the other powers or the functions or duties which may be exercised or performed by the Governor.

7 .Regulations 5, 6 and 8 of the St. Patrick's Institution Regulations, 1960 ( S.I. No. 224 of 1960 ), together with the rules specified in Regulation 10 of those Regulations shall, in so far as they are conducive to promoting the rehabilitation of offenders and are not inconsistent with these Regulations, apply and have effect in relation to offenders and to Shanganagh Castle in the same way as they apply and have effect in relation to persons sentenced to detention in St. Patrick's Institution and to that Institution.

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

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These regulations specify the classes of persons who may be detained in the "open" centre for offenders at Shanganagh Castle, Co. Dublin, and provide for the rule and management of the centre and the training and treatment of offenders detained there.