Prisons Act 2007
Revocation of certificate. |
7.— (1) If, in relation to a prisoner custody officer, the Minister ceases to be satisfied as to any of the matters referred to in section 6 (6), he or she shall revoke the certificate issued in respect of that person. | |
(2) Where it falls to the Minister to make a decision as to whether or not a certificate should be revoked, the Minister shall direct that, pending the making of the decision, the prisoner custody officer concerned shall not perform the functions of a prisoner custody officer. | ||
(3) The prisoner custody officer concerned and the contractor by whom he or she is employed shall comply with a direction under subsection (2). | ||
(4) Where the Minister revokes a certificate, he or she shall, by notice in writing, inform the prisoner custody officer concerned and the contractor concerned. | ||
(5) If the Minister revokes a certificate, the prisoner custody officer concerned may, not later than 6 weeks from the date on which he or she receives a notice under subsection (4), or such later date as the court may permit, appeal to the court against the decision to revoke the certificate. | ||
(6) The court may, on the hearing of the appeal— | ||
(a) dismiss the appeal and affirm the decision of the Minister to revoke the certificate, or | ||
(b) allow the appeal and set aside the revocation. | ||
(7) A person who contravenes subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or a term of imprisonment not exceeding 6 months or both. | ||
(8) A person in respect of whom a certificate is not in force and who purports to perform functions of a prisoner custody officer is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or a term of imprisonment not exceeding 6 months or both. | ||
(9) Upon receipt by— | ||
(a) a person appointed under section 10 , | ||
(b) the Commissioner of the Garda Síochána, or | ||
(c) the governor of a prison or person for the time being performing the functions of governor of a prison, | ||
of a complaint in writing concerning the conduct of a prisoner custody officer the said person, Commissioner, governor or person performing the functions of governor, as the case may be, shall refer the matter to the Minister. | ||
(10) In this section “ court ” means the Circuit Court for the circuit in which— | ||
(a) the prisoner custody officer concerned resides, or | ||
(b) the contractor by whom he or she is employed has his or her principal office in the State. |