54APower of Secretary to withdraw privileges

54A Power of Secretary to withdraw privileges

S. 54A(1) amended by No. 45/1996 s. 17(Sch. 1 item 36).

(1) If the Secretary is satisfied that—

(a) an investigation into whether a prisoner committed a prison offence is being carried out; or

(b) a prisoner has been charged under section 50(5)(d) with a prison offence; or

(c) steps have been taken to have an alleged prison offence dealt with under the criminal law—

the Secretary may withdraw one or more of the prisoner's privileges for such period as the Secretary thinks fit.

S. 54A(2) amended by No. 45/1996 s. 17(Sch. 1 item 36).

(2) The Secretary may only withdraw a prisoner's privileges under subsection (1) if he or she is satisfied that it is necessary to do so in the interests of the management, good order and security of the prison concerned.

(3) The withdrawal of privileges under subsection (1) does not affect the imposition of any other penalties under this Part or under the criminal law in respect of the prison offence.

Pt 8 (Heading) amended by No. 44/1991 s. 6(g).

Part 8—Temporary absence from prison

Division 1—Definitions

55 Definitions

(1) In this Part—

S. 55(1) def. of approved programme repealed by No. 45/1996 s. 15.

S. 55(1) def. of Board repealed by No. 64/2017 s. 3(2).

parole period means a period beginning on the day on which a person is released from prison on parole and ending at the end of the person's prison sentence;

S. 55(1) def. of pre-release permit repealed by No. 44/1991 s. 6(h).

S. 55(1) def. of presiding deputy chairperson inserted by No. 12/2014 s. 7.

presiding deputy chairperson means—

(a) if only one member of the Board is appointed as a deputy chairperson, that deputy chairperson; or

(b) if more than one member of the Board is appointed as a deputy chairperson—

(i) the deputy chairperson nominated by the chairperson of the Board; or

(ii) if no deputy chairperson has been nominated or the nominated deputy chairperson is absent or unable to act—

(A) the deputy chairperson chosen by the procedure determined by the chairperson; or

(B) if no procedure has been determined or the deputy chairperson chosen is absent or unable to act, the deputy chairperson nominated by the Secretary;