Prison system in Ireland

The Minister for Justice is politically responsible for the prison system in Ireland. However, the Irish Prison Service, controls the day-to-day operation of Irish prisons.

The Irish Prison Service is responsible for the safe and secure custody of all those committed to it by the courts. This includes people:

• Held on remand when a prisoner is in custody and awaiting a court hearing
• Sentenced to imprisonment - when a prisoner is convicted of a crime and ordered to spend time in prison
• Detained on immigration matters

The Irish Prison Service makes sure that people convicted of crimes serve their sentences. The Prison Service must also:

• Provide prisoners with appropriate resources and opportunities to reduce the likelihood of the prisoner offending again
• Assist prisoners with reintegrating into their communities upon release.

This page has practical information about the prison system in Ireland and:

• Prisons in Ireland
• Procedures for committing and admitting prisoners
• Prison transfers
• Supports for families of prisoners
• Detention on immigration matters

The Irish Prison Service only deals with offenders who are 18 years of age or over. You can find out more about children and the criminal justice system in Ireland.

There are 12 institutions in the Irish prison system:

• 10 are traditional closed prisons with internal and perimeter security
• 2 are open centres with reduced security measures

Open prisons

In open prisons, prisoners voluntarily accept the prison discipline. Open prisons provide prisoners with more independence and responsibility. Theses prisons have more opportunities for education, employment and for prisoners to develop. Open centres are designed to prepare offenders for their reintegration back into society after their release from prison.

Female prisoners

Most female prisoners are housed in the Dóchas Centre in Mountjoy Prison in Co. Dublin or in Limerick Prison.

Prisons and their level of security

The level of security at a prison depends on if it is a closed or open prison and the sentences the prisoners are held on.

Arbour Hill

A closed, medium security prison for adult males. Most of the prisoners are serving long term sentences.

Castlerea Prison

A closed, medium security prison for adult males. It is the committal prison for remand and sentenced prisoners in Connacht. It also houses committals from counties Cavan, Donegal and Longford.

Cloverhill Prison

A closed, medium security prison for adult males, which is mostly for remand prisoners committed from the Leinster area.

Cork Prison

A closed, medium security prison for adult males. It is the committal prison for counties Cork, Kerry and Waterford.

Dóchas Centre / Mountjoy Female Prison

A closed, medium security prison for females aged 18 years and over in the Mountjoy Prison. It is the committal prison for females committed on remand or sentenced from all Courts outside the Munster area.

Limerick Prison

A closed, medium security prison for adult males and females. It is the committal prison for males for counties Clare, Limerick and Tipperary and for females for all six Munster counties.

Loughan House

An open, low security prison for males aged 18 years and over who are considered to need lower levels of security.

Midlands Prison

A closed, medium security prison for adult males. It is the committal prison for counties Carlow, Kildare, Kilkenny, Laois, Offaly and Westmeath.

Mountjoy Prison

A closed, medium security prison for adult males. It is the main committal prison for Dublin city and county.

Portlaoise Prison

A closed high security prison for adult males. It is the committal prison for prisoners sent to custody from the Special Criminal Court. Prisoners housed here include those linked with subversive crime.

Shelton Abbey

An open, low security prison for males aged 19 years and over who are considered to need lower levels of security.

Wheatfield Prison

A closed, medium security place of detention for adult males.

A judge will issue a warrant addressed to the Governor of one of the committal prisons listed above if you have been either:

• Convicted of a crime and sentenced to a term of imprisonment, or
• Remanded in custody awaiting a further court appearance

The type of prison you are sent to depends on multiple factors, including:

• The nature of your offence
• Your previous offending record
• Your previous behaviour in custody and the level of risk you pose to other prisoners and prison staff
• Prison availability
• Security concerns about you
• Access to relevant rehabilitation facilities
• Proximity to your family home

You can get detailed information on all the prisons in Ireland on the Irish Prison Service website. You can also find more about your rights and entitlements as a prisoner.

You can only be committed to prison with a valid committal order from a court. The Garda or prison officer must give this order to the relevant prison Governor. When you arrive at the prison:

• Your details will be recorded

Your name, address, date of birth, nearest relative, occupation, religion and other details will be recorded in the reception area. If you have been convicted of a crime, your photograph, fingerprints and palm prints will be taken and sent to the Gardaí.

• You will be searched. You will be searched by a prison officer of your own gender. Your decency, privacy and dignity should be respected during the search. If you refuse to be searched, the prison officer may only use such force as is reasonably necessary to carry out the search.
• Your personal property will be listed.Any banned items, such as prohibited substances or weapons, will be confiscated/ Any valuable items, such as jewellery or mobile phones, will be noted and stored safely in the General Office for return upon your release.
• Your money will be lodged. Any money taken from you will be lodged in an account in the General Office. Friends and family members can put money into this account for you and they will be given a receipt. If you do not spend all your money in prison, you will get it back when you are released.
• You will be weighed and measured. Details of any marks or scars on your body will be put in your personal prison file. You will be asked to tell of any history of substance abuse or mental illness so that appropriate supports can be arranged. If you believe it is not safe for you to be among other prisoners or, if you wish to be placed on protection, you should tell the prison staff.
• Your medication and prescriptions and health will be noted. The Garda or prison officer who brought you to prison must give the Governor any medication or prescriptions belonging to you and pass on any information they have about your health. If possible, you should be examined by a doctor on the day of your committal, or as soon as possible.
• Prison rules will be explained. The prison Governor, or somebody who represents them, should meet with you within 24 hours of your committal to prison. You should be provided with a booklet explaining the prison’s rules, your rights and entitlements as a prisoner, and your responsibilities to prison staff and other inmates. If you are a foreign national, you should, if possible, be given a copy of the prison booklet in a language you can understand.
• You can tell someone where you are. You will be allowed to tell a family member or some other person where you are by phone as soon as possible.

The Irish Council for Civil Liberties and the Irish Penal Reform Trust have detailed guidance on your rights as a prisoner (pdf), including information on what you can expect when you are committed to prison.

You can read more about your prisoners' rights in Ireland.

When you are sentenced to prison, or remanded in custody pending a further court appearance, you will be committed to the prison named for the court area where you appeared. However, the prison where you are to serve your sentence may be changed at any time by the Minister for Justice.

Prison transfers

As a prisoner, you have no legal right to serve your sentence in a prison of your choice. However, you can apply to the Governor for a transfer to another prison if you have a good reason. In most cases, the Prison Service will try to make sure you are in a prison as close to your home as possible.

If you are transferred from one prison to another, you should be allowed, as soon as reasonably possible, to let a family member or friend know that you have been transferred.

International transfers

If you are a foreign national serving a term of imprisonment in Ireland, you can apply for a transfer to complete your sentence in your home country. This is called repatriation.

If you are not from Ireland (non-national) and convicted of a criminal offence, you may be legally transferred to your home country.

Ireland and 66 other countries have signed the Convention on the Transfer of Sentenced Persons. If your home country has not signed the Convention, a transfer will require an agreement between the two states.

A transfer must be agreed between

• The prisoner
• The sentencing country, and
• The prisoner’s home country.

4 conditions must also be met for you to be eligible to apply for a transfer (or repatriation) to serve your sentence in your home country:

1. You must be regarded as a national of the country you wish to be transferred to
2. Your sentence must be final. You cannot apply for transfer before you face trial or until after all appeals have been heard.
3. There must be at least 6 months left to serve on your sentence. The Minister can waive this requirement in exceptional circumstances.
4. The crime for which you were convicted must also be recognised as a crime in your home country.

You first apply for a transfer to the prison authorities where you are serving your sentence.

Alternatively, you can communicate your wish to be transferred directly to the Minister for Justice.

The Irish Council for Prisoners Overseas has factsheets on applying for an international transfer .

The international transfer process is legally complex.  Most applications take a long time.

You can find more about repatriation of prisoners.

Several voluntary organisations provide information and support to families who have a family member in prison:

• Care After Prison is a charity that provides support for offenders, their families and victims of crime. They also work closely with families and loved ones of people under sentence and awaiting sentencing.
• The Childhood Development Initiative (CDI) is based in Tallaght. It works to improve outcomes for children, families and communities in Tallaght and throughout Ireland.
• Bedford Row Family Project is based in Limerick and supports family members affected by the imprisonment. It helps ex-prisoners re-integrate into their families, their communities, and society in general.
• The Irish Penal Reform Trust (IPRT) campaigns for the rights of prisoners. The IPRT does not provide a direct service, but you can access a range of publications, including information for prisoners and their families.

In general, asylum seekers and irregular immigrants who may be detained under Irish law include:

• Non-nationals (not an Irish citizen) who arrive in Ireland and are refused permission to be in the State ('leave to land')
• Non-nationals (not an Irish citizen) with outstanding deportation orders
• Non-nationals (not an Irish citizen) awaiting trial for a criminal immigration-related offence
• International protection applicants who are being transferred to another EU Member State under the Dublin Regulation who are at risk of absconding
• International protection applicants who are considered to be in one of the categories set out in Section 20(1) International Protection Act (see below)

An international protection applicant can be detained by an immigration officer or a member of Garda Síochána and arrested without warrant if it is believed they:

• Pose a threat to public security or public order in Ireland
• Have committed a serious non-political crime outside Ireland
• Have not made reasonable efforts to establish their identity (including if they do not comply with the requirement to provide fingerprints)
• Intend to leave Ireland without lawful authority to enter another state
• Have acted or plan to act in a way that would undermine the international protection system in Ireland or any arrangement relating to the Common Travel Area
• Have destroyed identity or travel documents or is in possession of fake identity documents without reasonable excuse

Where can you be detained?

There is a specialised immigration detention centre at Dublin Airport with limited capacity.

If you are detained under section 20(1) of the International Protection Act 2015, you can be detained at a Garda station or Cloverhill Prison. If you are detained at Cloverhill Prison, you should be separated from the general prison population. A person under 18 years of age cannot be detained.

How long can an International Protection applicant be detained?

There is no maximum detention time for a protection applicant set out in the International Protection Act. A District Court judge can apply for detention for consecutive 21-day time periods with no upper limit, if the relevant criteria are met. This is described in Section 20(1) of the International Protection Act 2015.

The Irish Refugee Council has detailed guidance and information on immigration detention procedures in Ireland. You can read more about what happens when you get refugee status or permission to remain, the asylum process in Ireland and the services available to asylum seekers in Ireland.

Learn more about International protection terms.

Rules for the regulation and good governance of prisons are set out in Section 35 of the Prisons Act 2007. Rules about admissions and transfers are set out in Prison Rules 2007 (SI 252/2007) as amended.

You can read more about different types of sentences and about the Probation Services