28Letters by persons in custody etc. to be forwarded immediately to the Ombudsman

28 Letters by persons in custody etc. to be forwarded immediately to the Ombudsman S. 28(1) amended by Nos 59/1986 s. 143(2), 15/1989 s. 26(1), 23/2006 s. 246, 26/2014 s. 455(Sch. item 21.1)), 19/2019 s. 267, 39/2022 s. 851(1). (1) Notwithstanding any provision to the contrary in any enactment where a letter written by a person in custody on a charge or after conviction of an offence or by a patient in a designated mental health service within the meaning of the **Mental Health and Wellbeing Act 2022** or residential service or residential treatment facility within the meaning of the **Disability Act** **2006** is addressed to the Ombudsman it shall immediately be forwarded unopened to the Ombudsman by the person in charge. S. 28(1A) inserted by No. 15/1989 s. 26(2), amended by Nos 23/2006 s. 246, 26/2014 s. 455(Sch. item 21.1), 19/2019 s. 267, 39/2022 s. 851(1). (1A) Despite anything to the contrary in any Act (other than subsection (3)), if a letter written by the Ombudsman is addressed to a person in custody on a charge or after conviction of an offence or to a patient in a designated mental health service within the meaning of the **Mental Health and Wellbeing Act 2022** or residential service or residential treatment facility within the meaning of the **Disability Act 2006**, it must immediately be forwarded unopened to the person to whom it is addressed by the person for the time being in charge. S. 28(2) amended by No. 15/1989 s. 26(3). (2) A person who prevents or hinders the forwarding of a letter referred to in subsection (1) or (1A) shall be guilty of an offence against this Act. S. 28(2A) inserted by No. 62/1989 s. 12(3). (2A) Proceedings may only be instituted for an offence under subsection (2)— S. 28(3) inserted by No. 15/1989 s. 26(4). (3) If a letter referred to in subsection (1) or (1A) is suspected by the person in charge of containing drugs, weapons or other contraband, the letter may be opened by the person in charge in the presence of— S. 28(3)(a) amended by No. 82/2012 s. 246(a). (a) the person who wrote the letter and an Ombudsman officer; or S. 28(3)(b) amended by No. 82/2012 s. 246(b). (b) the person to whom the letter is addressed and an Ombudsman officer— as the case requires. S. 28(4) inserted by No. 15/1989 s. 26(4). (4) A person who opens a letter in accordance with subsection (3) is not guilty of an offence under subsection (2). S. 28(5) inserted by No. 15/1989 s. 26(4), amended by No. 30/2016 s. 70(5)(d). (5) In this section, ***person in charge*** means the person who is for the time being in charge of the place, service or institution where the writer of the letter, or the person to whom the letter is addressed (as the case requires) is detained or is a patient.