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Phones in Jail

  • 26-06-2007 10:22pm
    #1
    LarryV
    Registered Users, Registered Users 2 Posts: 12 ✭


    Hi another query for the legal minds, Recently the last minister for justice brought in a law about banning mobile phones in Prisons (Prisons Act 2007 Part 6 36)
    36.—(1) A prisoner who, without the permission of the governor
    of the prison, possesses or uses a mobile telecommunications device,
    or a person who supplies such a device to a prisoner without such
    permission, is guilty of an offence and liable—
    (a) on summary conviction, to a fine not exceeding \5,000 or
    imprisonment for a term not exceeding 12 months or
    (b) on conviction on indictment, to a fine not exceeding
    \10,000 orimprisonment for aterm not exceeding5 years
    or both.
    (2) Subsection (1) applies also to a prisoner while in custody out-
    side the prison.
    (3) In this section “mobile telecommunications device” includes a
    component of such a device.


    My Question is this , suppose I work as a prison officer and I find a prisoner with a mobile is it good enough to report him to the governor for the offence or would I have to ring the Guards myself and if I found out that my superiors were not informing the Guards would I have to.
    Also I was told recently that it is an offence not to report a crime to the Guards is this true?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Anyone who believes an offence is being or has been committed can make a complaint to the gardai. However, a person could not know if such an offence is being or has been committed unless they know that the governor has not given permission.

    It is in some circumstances an offence to deliberately conceal evidence or suspects from the gardai when they are investigating certain offences. As such, one could be charged with being an accessory after the offence. I don't think that this imposes a positive duty to inform the gardai of every suspected offence, except in money laundering and possibly some other offences.


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