Prisoners
Where a prisoner under a sentence is discharged by temporary discharge, the currency of his prison sentence is suspended from discharge until the date of reception back into prison. Every person who has been sentenced to prison or ordered to be detained in a young offender’s center, who is at large without an unlawful excuse, is guilty of an offence subject on an indictment to imprisonment not exceeding two years.
A person who, having convicted of an offence, escapes from any lawful custody whether in prison or not, whether convicted or not, escapes from a prison, lockup, or from other lawful custody is guilty of felony and is subject to imprisonment for up to two years on conviction on indictment.
A person who attempts to break prison or forcibly break out of a cell or other place where he is lawfully detained with intent to escape is guilty of felony, subject on conviction on indictment to imprisonment up to five years. People who by force or violence, break any prison with intent to set himself at liberty or any person lawfully confined, is guilty of a felony and shall on conviction on indictment be liable for imprisonment up to seven years.
A person who assists any person in escaping or attempting to escape from lawful custody whether on imprisonment or not, is guilty of an offence. It is an offence for an officer of a prison or a constable who has a person in lawful custody, if he voluntarily and intentionally permits that person to escape. A person guilty of the above offence is liable on conviction on indictment to imprisonment up to 10 years.
Every person, who by failing to perform any legal or official duty, permits a person in his lawful custody on a criminal charge or any prisoner in his lawful custody to escape, is guilty of an offence. He is liable on summary conviction to imprisonment up to six months or a fine not exceeding level 2 on the standard scale or both.
Every person, who knowingly and unlawfully under any apparent or pretended authority, directs or procures discharge of a prisoner, not entitled to be so discharged, is guilty of an offence. He may on conviction on indictment be imprisoned for up to five years. A person so discharged is deemed to have escaped.
A person who has intent to facilitate escape, brings, throws or conveys anything into prison, causes another person to do so, or gives anything to a prisoner, releases anything in a place, whether inside or outside prison, is guilty of an offence. The offence is subject on conviction on indictment to an imprisonment up to 10 years.
There are different categories of articles which are subject to more severe sanctions.
List A articles are controlled drugs, firearms, explosives, or offensive weapons. List B articles are intoxicating liquor, mobile or satellite telephone, cameras or sound recording device. List C articles are prescribed by prison rules. The Department may vary the list.
Persons guilty of an offence in relation to Class A articles may be convicted on indictment and sentenced to imprisonment up to 5 to 10 years or a fine. Where a person is guilty of an offence in respect of Class B or C items, may be convicted on indictment with imprisonment up to two years or subject to summary conviction for a term up to six months.
A person who without authorization, takes photographs, sound recording inside a prison or transmits any image or sound in imprisonment, is guilty of an offence if he does so without authorization. A person who without authorization brings or conveys a restricted document inside of prison or causes it to be brought out of prison or transmits a restricted document is guilty of an offence.
A person is subject on conviction on indictment to imprisonment up to two years or summary conviction, six months or the statutory maximum fine.
Authorizations may be given generally by the prison rules or the Department or in particular cases by the governor or other persons authorized. A restricted document is a photograph, sound recording, personal record taken within prison or other document that contains information relating to an identifiable individual, the disclosure of which might prejudice that person’s interest or relating to a matter connecting with the prison, if disclosure might prejudice the affect the security and operation of the prison.
A person charged with offences under the legislation shall not be charged without the consent of the Attorney General for Northern Ireland.
A constable or prison officer may arrest without warrant any person who he reasonably suspects of being committed or attempt to commit any offence under the legislation or whom he reasonably suspects of being unlawfully at large. He may convey him to a justice of the peace to be dealt with in accordance with the law or take him to the place where he is required to be detained.
Where a person is sentenced to imprisonment or to be detained in a young person’s offender center is unlawfully at large, then unless the Department otherwise directs, no account is to be taken in calculating the period while he is absent from the Department.
A person who after being temporarily released is at large at the time during which he is liable to be detained is deemed to be unlawfully at large, if the period for which he is temporarily released has expired or if an order recalling him has been made.
In the event of a death of a prisoner, the governor shall give immediate notice to the coroner and to the independent monitoring board and to the nearest relative. The coroner shall hold an inquest into the death of any prisoner in a prison in his area. No prisoner officer who or person engaged in the business dealing with the prison shall be a juror in relation to an inquest.
The Department may make schemes as it thinks fit for the supervision and assistance of persons serving a prison sentence or detained in a young offender center with a view to their resettlement and rehabilitation. The Department may make grants towards expenditure of any society engaged in assisting persons convicted of offences with a view to their resettlement and rehabilitation.