104PApplication

104P Application

(1) This Part applies in respect of an award of damages to a prisoner in respect of a claim made by or on behalf of the prisoner against the State for a civil wrong.

S. 104P(2) substituted by No. 45/2019 s. 38.

(2) This Part applies to a claim by or on behalf of a prisoner arising from and in connection with the prisoner's detention while on remand if the prisoner is subsequently sentenced to a term of imprisonment, whether or not that sentence was imposed for the offence in respect of which the prisoner was remanded in custody.

(3) This Part does not apply to an award of damages to a prisoner in respect of a claim of false imprisonment.

(4) This Part does not affect (and is subject to) any obligation imposed on the State or the Secretary by or under an enactment of the State or the Commonwealth to pay some other person money owed or due to or held on account of the prisoner.

S. 104Q inserted by No. 50/2008 s. 3.