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Fiji Legislation |
Repealed by Prisons and Corrections Act 2006
LAWS OF FIJI
CHAPTER
86
PRISONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
SECTION
1.
Short
title
2.
Interpretation
PART II-ESTABLISHMENT OF PRISONS
3.
Establishment of
prisons
4.
Temporary prisons
PART III-CONSTITUTION AND ADMINISTRATION
5.
Constitution of the Fiji Prisons
Service
6.
Application of Act to existing prison
officers
7.
Officers of the Prisons
Service
8.
General powers of
Controller
9.
Deputy Controller may exercise powers of
Controller
10.
Appointment of supervisors of
prisons
PART IV-APPOINTMENT, SERVICE AND DISCHARGE
11.
Appointment of
officers
12.
Subordinate
officers
13.
Resignation of
officers
14.
Prolongation of service in case of war,
etc.
15.
Discharge
16.
Equipment to be delivered up on ceasing to be an officer of the
Prisons
Service
PART
V-POWERS AND DUTIES OF OFFICERS OF
THE
PRISONS
SERVICE
17.
Controller to inspect all
prisons
18.
Powers and duties of
officers
19.
Officers always liable for
duty
20.
Officers not to engage in private employment or to receive
gratuities
21.
Use of arms against any prisoner in case of escape or
outbreak
22.
Officers may be deemed police officers in certain
cases
23.
Entry of cells at
night
24.
Power to take photographs and fingerprints,
etc.
25.
Non-liability for act done under authority of a warrant
PART VI-DISCIPLINE OF OFFICERS OF THE PRISONS SERVICE
26.
Suspension or interdiction of senior
officers
27.
Interdiction of junior officers and subordinate
officers
28.
Offences by officers of the Prisons
Service
29.
Offences against
discipline
30.
Trial of offences against
discipline
31.
Review by
Controller
32.
Special proceedings in certain
cases
33.
Powers of
tribunals
34.
Controller may suspend
punishment
35.
Procedure in cases of grave or repeated
offences
36.
Dismissal and reduction in rank on account of
convictions
37.
Fines to be recovered by stoppage of
pay
38.
Loss or damage to arms and equipment to be made good by stoppage of
pay
39.
Pay not to accrue during absence without leave or
imprisonment
40.
Establishment of the Prisons Service Welfare
Fund
41.
Officers of the Prisons Service not to join certain associations
PART VII-MEDICAL OFFICERS
42.
Appointment and general duties of Medical
Officers
43.
Medical examination of prisoners
PART
VIII-VISITING JUSTICES AND VISITING
COMMITTEES
VISITING
JUSTICES
44.
Appointment of visiting
justices
45.
Powers of visiting
justice
46.
Visiting justice may summon witnesses
OFFICIAL VISITORS
47.
Appointment of official visitors as visiting committees, and powers of official
visitors
PART IX-ADMISSION AND CONFINEMENT OF PRISONERS
48.
Admission of
prisoners
49.
Prisoner to be informed of right of
appeal
50.
Female prisoners
PART X-CUSTODY AND REMOVAL OF PRISONERS
51.
Restraints
52.
Prisoners deemed to be in lawful
custody
53.
Prisoner to be brought before a court of
justice
54.
Controller may direct prisoners to be moved to other
prison
55.
Removal of prisoners when in danger of
disease
56.
Removal of prisoners when suffering from mental
disorders
57.
Removal of sick prisoners to
hospital
58.
Prisoners in hospital deemed to be in lawful
custody
59.
Officers to take precautions to prevent
escape
60.
Power to return prisoners to prison
PART XI-EXTRAMURAL PUNISHMENT
61.
Nature of extramural punishment
PART XII-LABOUR OF PRISONERS
62.
Prisoners may be given labour within or outside prison
PART XIII-REMISSION OF SENTENCES
63.
Prisoners may earn remission and forfeited remission may be
restored
64.
Controller to report to Minister
PART XIV-COMPULSORY SUPERVISION ORDERS
65.
Compulsory supervision
orders
66.
Revocation or cancellation of
order
67.
Effect of cancellation or
revocation
68.
Duplicate
orders
69.
Licences granted prior to 21st April 1969
PART XV-MAINTENANCE
70.
Maintenance of certain prisoners from private sources
PART XVI-PROHIBITED ARTICLES
71.
Examination of articles taken in or out of
prison
72.
Prohibited articles and communications with
prisoners
73.
Power of officer of Prisons Service to
arrest
74.
Publication of
penalties
75.
Trespassing
76.
Unlawful possession of prison articles
PART XVII-INCITING AND HARBOURING
77.
Incitement and abetting of
desertion
78.
Incitement of mutiny or
sedition
79.
Harbouring or employing, or assisting a prisoner
PART XVIII-PRISONERS UNDER SENTENCE OF DEATH
80.
Supervision of prisoners under sentence of death
PART XIX-DEATH OF PRISONERS
81.
Death to be reported to medical officer and visiting justice
PART XX-DISCIPLINE OF PRISONERS
82.
Prison
offences
83.
Trial of prison
offences
84.
Punishment of prisoners for certain
offences
85.
Extramural
offences
86.
Review by Controller
PART XXI-DISCHARGE OF PRISONERS
87.
Officer in charge responsible for discharge of prisoners
PART XXII-MISCELLANEOUS
88.
Regulations
------------------------------
Ordinances
Nos.
21
of
1964,
34
of
1965,
20
of
1968,
Orders*
10th
July
1970,
7th
October
1970,
Acts
Nos.
19
of
1974,
14
of
1975,
25
of
1980
*
See Legal Notices Nos. 71 and 112 of
1970.
AN ACT
TO MAKE PROVISION FOR THE BETTER REGULATION
OF
PRISONS AND
PERSONS EMPLOYED THEREIN
[1 January 1966]
PART I-PRELIMINARY
Short title
1.
This Act may be cited as the Prisons Act.
Interpretation
2.
In this Act, unless the context otherwise requires:-
"civil prisoner" means any prisoner other than a criminal prisoner;
"Controller" means the Controller of Prisons and includes the Deputy Controller of Prisons;
"convicted" means convicted by any court exercising criminal jurisdiction;
"criminal prisoner" means any prisoner duly committed to custody under a writ, warrant or order of any court exercising criminal jurisdiction;
"junior officer" means any officer of the Prisons Service, other than a subordinate officer, whose appointment has not been gazetted;
"medical officer" means the person appointed under the provisions of section 44 to be the medical officer for any prison;
"officer in charge" means the officer of the Prisons Service appointed by the Controller to be in charge of a prison;
(Substituted by Ordinance 20 of 1968, s. 2.)
"official visitor" means and includes any person so appointed pursuant to the provisions of this Act;
"other persons employed in the prisons" includes executive officers, clerks, storekeepers and other persons not included in the other definitions contained in this section, whether pensionable or not pensionable, and other persons who, from time to time, may be employed in the prisons as such;
"police officer" means a member of the Royal Fiji Police Force;
"prisoner" means and includes any person, whether convicted or not, under detention in any prison, or being taken to or from any prison in which he may be lawfully detained;
"progressive stage system" means such system as may be prescribed for the award by stages of privileges to prisoners;
(Inserted by Ordinance 20 of 1968, s. 2.)
"prohibited article" means any article the introduction or removal of which into or from a prison is prohibited by the provisions of this Act;
"senior officer" means and includes any officer of the Prisons Service whose appointment is gazetted;
"sentence" means any continuous period of imprisonment imposed on a convicted criminal prisoner, whether as a result of one or more orders of any court or courts;
subordinate officer" means and includes any officer of the Prisons Service, whether male or female, whom the Minister may from time to time declare to be a subordinate officer;
(Amended by Order 7th October 1970*.)
"superior" or "superior officer" when used in relation to any act done or thing suffered by an officer of the Prisons Service, means an officer of the Prisons Service senior in rank to the officer of the Prisons Service doing the act or suffering the thing;
"supervisor" means an officer of the Prisons Service appointed by the Controller to be the supervisor of any or all prisons in any Division or Divisions;
(Substituted by Ordinance 34 of 1965, s. 2 and amended by Ordinance 20 of 1968, s. 2.)
"the Prisons Service" means the Fiji Prisons Service established under the provisions of this Act;
"tribunal" means a person empowered under any of the provisions of this Act to try offences;
"unsound mind" and "unsoundness of mind" includes mental disorders and sickness of the mind of any kind whether of a temporary or a permanent nature;
(Inserted by Act 19 of 1974, s. 2.)
"visiting committee" means a visiting committee appointed under the provisions of this Act;
"visiting justice" means a visiting justice appointed under the provisions of this Act.
PART II-ESTABLISHMENT OF PRISONS
Establishment of prisons
3.-(1)
The Minister may, by notice in the Gazette, declare any place or building or
portion of a building in Fiji, to be a prison under
the provisions of this Act,
and may, in a like manner, declare that any such prison shall cease to be
prison.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
(2) The places and buildings which at the commencement of this Act are in use as prisons shall be deemed to be prisons within the meaning of this Act.
Temporary prisons
4.
Whenever it appears to the Controller that the number of prisoners in any prison
is greater than can be conveniently kept therein,
and that it is not convenient
to transfer the excess number to some other prison, or by reason of the outbreak
of epidemic disease
within any prison, or for any other reason, it is desirable
to provide for the temporary shelter and the safe custody of any prisoners,
provision shall be made as the Controller, with the approval of the Minister,
may direct for the shelter and safe custody in temporary
prisons of such number
of prisoners as the Controller may determine and every such temporary prison
shall be deemed to be a prison
for the purposes of this
Act.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
PART III-CONSTITUTION AND ADMINISTRATION
Constitution of the Fiji Prisons Service
5.
There is hereby established in Fiji a Prisons Service to be known as the Fiji
Prisons Service.
Application of Act to existing prison officers
6.
The provisions of this Act shall extend to all persons who, at the commencement
of this Act are serving as officers of the Prisons
Department under the
provisions of the *Prisons Ordinance, as if such persons had been appointed
under the provisions of this Act,
and service under such Act shall, for the
purposes of this Act, be deemed to be service under the provisions of this
Act.
(Cap.
60,
1955
Edition)
* Repealed by this
Act.
Officers of the Prisons Service
7.
The officers of the Prisons Service shall consist of such ranks as may be
prescribed by the Minister by notice in the
Gazette.
(Amended
by
Order
7th
October
19701.)
General powers of controller
8.-(1)
The Controller shall, subject to the orders and directions of the Minister have
the administrative command and direction of
all prisons and officers of the
Prisons Service, other than any power to appoint persons to hold or act in any
office in the Service
or to exercise disciplinary control over persons holding
or acting in such offices or to remove such persons from office unless delegated
to him by the Public Service
Commission.
(Substituted
by
Order
10th
July
1970++
and
amended
by
Order
7th
October
1970+.)
+
See Legal Notice No. 112 of
1970.
++
See Legal Notice No. 71 of
1970.
(2) The Controller may,
subject to the provisions of this Act, from time to time make orders for
observance by all officers of the
Prisons
Service.
(Amended
by
Act
14
of
1975,
s.
18.)
(3)
The Controller shall have the control of all prisoners and may allocate them to
such prison or prisons as he sees fit.
Deputy Controller may exercise powers of Controller
9.
Any act or thing which may be done or performed by the Controller may, subject
to any orders or directions of the Controller, be
done or performed by the
Deputy Controller.
Appointment of supervisors of prisons
10.-(1)
The Controller may appoint such officer or officers of the Prisons Service as he
thinks fit to be the supervisor of any or all
prisons in any Division or
Divisions.
(2) Every officer of
the Prisons Service appointed under the provisions of subsection (1) shall,
subject to the directions and orders
of the Controller, have the supervision and
control of such prison or prisons and be responsible to the Controller for the
conduct
and treatment of all officers of the Prisons Service and prisoners in or
attached to such prison or prisons and for the due observance
by all such
officers and prisoners of the provisions of this
Act.
(3) The Controller may
exercise all or any of the powers conferred by this Act on any supervisor and
may perform all or any of the
duties prescribed for
him.
(Amended
by
Ordinance
34
of
1965,
s.
3
and
20
of
1968,
s.
3.)
PART IV-APPOINTMENT, SERVICE AND DISCHARGE
Appointment of officers
11.-(1)
Senior officers shall be appointed by the Public Service
Commission.
(Substituted
by
Order
10th
July
1970*.)
*
See Legal Notice No. 71 of
1970.
(2) All officers of the
Prisons Service, other than senior officers, may, subject to the provisions of
any delegation made by the
Public Service Commission, be appointed by the
Controller.
(Substituted
by
Order
10th
July
1970
and
amended
by
Act
19
of
1974,
s.
3.)
(3)
Every officer of the Prisons Service shall, on joining the Prisons Service, make
before the Controller or a senior officer, a
declaration on oath or affirmation
in the form prescribed.
(4) When
in any prison the number of subordinate officers employed is insufficient to
secure the good management and government thereof,
it shall be lawful for the
Controller to employ temporarily such number of persons as he may consider
necessary to perform the duties
of subordinate officers in such prison. Every
such person, whilst so employed, shall have all the powers and perform all the
duties
of a subordinate officer in such prison, and for the purposes of the
provisions of this Act shall be deemed to be a subordinate
officer.
(5) Where any female
prisoner is confined in any prison to which a female subordinate officer has not
been appointed, or in which
the number of female subordinate officers is
insufficient, the officer in charge may, subject to the approval of the
Controller,
employ temporarily such female person or persons as he deems fit to
carry out the duties of a female subordinate officer at that
prison in respect
of that female prisoner for such time as may be required and for the purposes of
the provisions of this Act any
such person or persons so appointed shall be
deemed to be a subordinate officer.
Subordinate officers
12.
Every subordinate officer, other than a person temporarily employed in any
prison pursuant to the provisions of subsections (4) or
(5) of section
11,
shall be enlisted to serve in the Prisons Service for such period of years as
may be fixed by the Minister and this period of service
shall, in all cases, be
reckoned from the day on which such officer was
enrolled.
(Amended
by
Order
7th
October
1970+.)
+See
Legal Notice No. 112 of 1970.
Resignation of officers
13.
No officer of the Prisons Service appointed by the Controller shall be at
liberty to resign or withdraw from the Prisons Service
without the consent in
writing of the Controller.
Prolongation of service in case of war, etc.
14.
Any officer of the Prisons Service whose period of service expires during a
state of war, insurrection or hostilities may be retained
and his service
prolonged for such period, not exceeding six months after the cessation of such
state of war, insurrection or hostilities,
as the Public Service Commission may
direct.
(Amended
by
Order
10th
July,
1970.*)
Discharge
15.-(1)
Subject to subsection (3) any officer of the Prisons Service other than a senior
officer may be discharged by the Controller
at any time-
(a) if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;
(b) on reduction of establishment;
(c) if the Controller considers that he is unlikely to become, or has ceased to be, an efficient officer.
(Amended by Ordinance 20 of 1968 s. 4, Order 10th July 1970* and Act 19 of 1974, s. 4)
(2)
Every officer of the Prisons Service discharged under the provisions of
subsection (1) shall be given one month's notice of intention
to discharge him
from the Prisons Service or at the option of the Controller one month's pay in
lieu of such notice.
(3) Where it
is considered that any such officer should be so discharged, he shall be so
informed and told that-
(a) any representations made in writing by him within fourteen days, will be forwarded to the Secretary of the Public Service Commission, accompanied by all relevant papers and records for a decision to be made by the Commission; and that
(b) if he makes no representations within fourteen days, he shall be discharged in the manner prescribed by this section.
(Inserted by Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
Equipment to be delivered up on ceasing to be an officer of the Prisons Service
16.
Any officer of the Prisons Service who, having ceased to be an officer of such
Service, does not forthwith after he shall have ceased
to be an officer of such
Service, deliver up to the person appointed by the Controller for that purpose,
all arms, ammunition, equipment,
clothing and appointments whatsoever which have
been supplied to him and are the property of the Government, shall be guilty of
an
offence and liable to a fine not exceeding $40 or to imprisonment for a
period not exceeding three months or to both such fine and
imprisonment:
Provided that, at
the discretion of the Controller, any such officer may, instead of delivering up
any of such articles, make payment
therefor in such amount as may be determined
by the Controller.
PART
V-POWERS AND DUTIES OF OFFICERS OF
THE
PRISONS
SERVICE
Controller to inspect all prisons
17.
The Controller shall visit and inspect, or cause to be inspected, all prisons in
Fiji, at such times as he may deem necessary.
Powers and duties of officers
18.
Every officer of the Prisons Service shall exercise such powers and perform such
duties as may be prescribed, and shall obey all
lawful directions in respect of
the execution of his office which he may from time to time receive from his
superiors in the Prisons
Service.
Officers always liable for duty
19.
Every officer of the Prisons Service shall be deemed to be on duty at all times
and may at any time be detailed for duty in any part
of Fiji.
Officers not to engage in private employment or to receive gratuities
20.
No officer of the Prisons Service shall-
(a) without the consent of the Public Service Commission, engage in any employment or office whatsoever other than in accordance with his duties under this Act, or have any interest, direct or indirect, in any contract for the supply of any article to any prisoner or for the use of any prisoner or for use in any prison;
(Amended by Ordinance 34 of 1965, s. 4 and Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
(b) receive any fee or gratuity from any prisoner, visitor to any prison, person whom he knows to be an ex-prisoner, or any friend of any prisoner; or
(c) have any business dealings with any prisoner.
Use of arms against any prisoner in case of escape or outbreak
21.-(1)
Any officer of the Prisons Service may use arms against any prisoner who
is-
(a) escaping or attempting to escape:
Provided that resort shall not be had to the use of arms unless such officer has reasonable cause to believe that he could not otherwise prevent the escape;
(b) engaged in any combined outbreak or in any attempt to force or break open any door, gate, enclosure, wall or fence of a prison, and such officer may continue to use such arms so long as such outbreak or attempt is being actually prosecuted:
Provided that resort shall not be had to the use of arms unless such officer has reasonable cause to believe that he could not otherwise prevent such outbreak or attempt.
(2)
Any officer of the Prisons Service may use arms against any prisoner who is
using violence to any other officer of the Prison
Service, or other
person:
Provided that such officer
has reasonable grounds to believe that such other officer or other person is in
danger of grievous bodily
harm.
(3) Before using arms
against a prisoner under the authority contained in paragraph
(a)
of subsection (1) or in subsection (2), an officer of the Prisons Service shall
warn such prisoner that he is about to fire on
him.
(4) No officer of the Prisons
Service shall, in the presence of any superior officer, use arms of any sort
against a prisoner under
the authority of subsection (1), except under the
express orders of such superior
officer.
(5) The use of arms under
the provisions of this section shall be, as far as possible, to disable and not
to kill.
Officers may be deemed police officers in certain cases
22.-(1)
For the purpose of conveying any prisoner to or from a prison, or in the
performance of apprehending any person who may have
escaped while being conveyed
to or from a prison, every officer of the Prisons Service, while engaged in any
such duty, shall have
all the powers, protections and privileges of a police
officer.
(2) Every senior officer
shall have all of the powers, protections and privileges conferred upon a police
officer under the provisions
of the Penal Code to make a proclamation commanding
rioters, or persons riotously assembled within or in the vicinity of any prison,
to disperse, and,
for the purposes of dispersing and apprehending such persons,
every officer of the Prisons Service shall have all of the powers,
protections
and privileges of a police officer, and for such purposes shall be deemed to be
a police
officer.
(Cap.
17.)
Entry of cells at night
23.
Except in the case of sickness or emergency, no officer of the Prisons Service
shall enter a prisoner's cell at night, unless accompanied
by another officer of
the Prisons Service.
Power to take photographs and fingerprints, etc.
24.-(1)
The officer in charge may cause photographs, descriptions, measurements,
fingerprints, palmprints and footprints of any criminal
prisoner to be taken by
any officer of the Prisons Service whom he may designate for such purpose, and
recorded in such manner as
may be
prescribed.
(2) The provisions of
section 18 of the Police Act shall, so far as they are applicable, apply to the
taking of photographs, descriptions, measurements, fingerprints, palmprints and
footprints under the provisions of this section, and the officer required to
take them shall, for such purpose, be deemed to be a
police
officer.
(Cap.
85.)
(3)
Except in accordance with the provisions of subsections (1) and (2) it shall be
an offence for any person to photograph or to
cause to be photographed any
prisoner without the prior approval in writing of the Controller and any person
shall on conviction
for such an offence be liable to a fine not exceeding
$200.
(Inserted
by
Act
19
of
1974,
s.
5.)
Non-liability for act done under authority of a warrant
25.-(1)
Where the defence to any suit instituted against an officer of the Prisons
Service is that the act complained of was done in
obedience to a warrant
purporting to be issued by a judge, magistrate or justice of the peace, the
court shall, upon production of
the warrant containing the signature of the
judge, magistrate or justice of the peace, and upon proof that the act
complained of
was done in obedience to such warrant, enter judgment in favour of
such officer of the Prisons
Service.
(2) No proof of the
signature of such judge, magistrate or justice of the peace shall be required
unless the court has reason to doubt
the genuineness thereof, and where such
signature is proved not to be genuine, judgment shall nevertheless be given in
favour of
such officer if it be proved that, at the time when the act complained
of was committed, he believed, on reasonable grounds, that
such signature was
genuine.
PART VI-DISCIPLINE OF OFFICERS OF THE PRISONS SERVICE
Suspension or interdiction of senior officers
26.
A senior officer suspended or interdicted shall not, by reason of such
suspension or interdiction, cease to be a member of the Prisons
Service:
Provided that the powers,
privileges and benefits vested in him as an officer of the Prisons Service shall
be in abeyance during the
period of such suspension or interdiction, but he
shall remain subject to the same responsibilities, discipline and penalties, and
to the same authority as if he had not been suspended or
interdicted.
(Amended
by
Ordinance
34
of
1965,
s.
6.
and
Order
10th
July
1970*.)
*
See Legal Notice No. 71 of
1970.
Interdiction of junior officers and subordinate officers
27.-(1)
The Controller may interdict from duty any junior officer or subordinate officer
pending the trial of any offence, whether under
the provisions of this Act or
before a court, and pending the determination of any
appeal.
(2) An officer interdicted
from duty under the provisions of this section shall not, by reason of such
interdiction, cease to be a
member of the Prisons
Service:
Provided that the powers,
privileges and benefits vested in him as a member of the Prisons Service shall,
during his interdiction,
be in abeyance, but he shall remain subject to the same
responsibilities, discipline and penalties and to the same authority as if
he
had not been
interdicted.
(Amended
by
Ordinance
34
of
1965,
s.
7.)
(3)
An officer interdicted from duty under the provisions of this section shall not,
save as is hereinafter provided, be entitled
to receive any pay in respect of
the period of such
interdiction:
Provided
that-
(a) he shall be allowed to receive such portion of his pay not being less than three-quarters, as the Controller may think fit;
(b) if the proceedings against any such officer do not result in the dismissal of the officer, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.
Offences by officers of the Prisons Service
28.-(1)
Any officer of the Prisons Service who-
(a) begins, excites, causes or joins any mutiny or sedition within the Prisons Service or in any prison, or does not use his utmost endeavours to suppress any such mutiny or sedition, or conspires with any other person to cause any such mutiny or sedition, or being cognisant of any mutiny or sedition or intended mutiny or sedition, does not without delay give information thereof to his superior officer;
(b) deserts;
(c) persuades, procures or assists any other officer of the Prisons Service to desert;
(d) knowing that any officer of the Prisons Service has deserted or intends to desert does not without delay give information thereof to his superiors; or
(e) strikes or offers violence to his superior officer being in the execution of his duty,
shall
be guilty of an offence and shall be liable to imprisonment for five
years.
(2) No officer of the
Prisons Service shall be found guilty of desertion unless the court is satisfied
that there was intention on
the part of that officer not to return to the
Prisons Service.
(3) Any officer
of the Prisons Service who has reasonable grounds for believing that any person
is a deserter from the Prisons Service
may apprehend him without warrant and
deliver him into the custody of a police officer.
Offences against discipline
29.
Any officer of the Prisons Service, other than a senior officer, who commits any
offence against discipline as may be prescribed
under the provisions of this Act
shall be liable to suffer punishment in accordance with the provisions of this
Act:
Provided that-
(a) nothing in this connection shall be construed to exempt any such officer from being proceeded against for any offence by any other process of law;
(b) save as is expressly provided under the provisions of this Act, no such officer shall be punished twice for the same offence.
Trial of offences against discipline
30.-(1)
For the purpose of the trial of offences against discipline under the provisions
of this Act, there shall be the following tribunals
who shall be subject to the
provisions of section 32:-
A. The Controller, who shall have power to impose any of the following punishments or any combination thereof:-
(a) in the case of a junior officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) fine not exceeding seven days' pay;
(v) reduction in rank;
(vi) dismissal;
(b) in the case of a subordinate officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) confinement to the precincts of the prison, either with or without extra duties, for any period not exceeding fourteen days;
(v) fine not exceeding seven days' pay;
(vi) reduction in rank or grade;
(vii) dismissal.
(Amended
by
Ordinance
34
of
1965,
s.
8
and
20
of
1968,
s.
5.)
B. A supervisor or senior officer, who shall have power to impose any of the following punishments or any combination thereof:-
(a) in the case of a junior officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) fine not exceeding five days' pay;
(b) in the case of a subordinate officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv)confinement to the precincts of the prison, either with or without extra duty, for any period not exceeding seven days;
(v) fine not exceeding five days' pay.
(Amended
by
Ordinance
20
of
1968
s.
5
and
Order
10th
July
1970*.)
*
See
Legal Notice No. 71 of 1970.
(2)
No officer of the Prisons Service shall be convicted of an offence against
discipline unless the charge has been read and investigated
in his presence and
he has been given sufficient opportunity to make his defence
thereto.
Review by Controller
31.-(1)
The Controller shall have power to review all proceedings heard by any
supervisor or senior officer under the provisions of this
Part.
(2) Upon such review, the
Controller, if he thinks that such proceedings ought to be revised, shall have
power-
(a) to quash the finding;
(b) to alter the finding and find the accused guilty of another offence;
(c) with or without altering the finding-
(i) to reduce or increase the punishment;
(ii) with or without such reduction or increase, to alter the nature of the punishment;
(d) to remit the proceedings to the supervisor or senior officer who heard them or to another supervisor or senior officer for rehearing:
Provided
that the Controller shall not increase any punishment without giving the accused
an opportunity of being heard.
(3)
The Controller shall not exercise his powers under this section in any case
where an appeal has been lodged and the exercise of
such powers shall in all
cases be subject to the provisions or conditions of any delegation made to the
Controller by the Public
Service
Commission.
(Substituted
by
Act
19
of
1974
s.
6.)
Special proceedings in certain cases
32.
Where it is considered that a junior or subordinate officer should be removed
from office or reduced in rank or grade, he shall
be so informed at the
conclusion of the hearing by the tribunal and told that-
(a) any representations made in writing by him within fourteen days, will be forwarded to the Secretary of the Public Service Commission, accompanied by all relevant papers and records for a decision to be made by the Commission; and that
(b) if he makes no representations within fourteen days, he shall be removed from office or reduced in rank or grade, as the case may be, accordingly.
(Substituted by Order 10th July, 1970*.)
Powers of tribunals
33.-(1)
Every tribunal shall have power to summon and examine witnesses on oath or
affirmation and to require the production of all relevant
documents and to
adjourn any hearing from time to
time.
(Substituted
by
Order
10th
July
1970*.)
*
See Legal Notice No. 71 of
1970.
(2) Any person summoned as a
witness under subsection (1) who fails to attend at the time and place mentioned
in the summons, or on
any adjournment, or refuses to answer any question that is
lawfully put to him, shall be guilty of an offence and shall be liable
on
conviction before a magistrate to a fine not exceeding $10 or to imprisonment
for one month:
Provided that no
such witness shall be obliged to answer any question which may tend to
incriminate him or render him liable to any
forfeiture or
penalty.
Controller may suspend punishment
34.-(1)
Subject to the provisions of this section, any punishment awarded under section
30 may be suspended by the Controller for such
period not exceeding six months,
as he may determine.
(2) Where any
punishment has been suspended under the provisions of this section, the
Controller shall, at the expiration of the period
of suspension, review the
case, taking into consideration such reports on the conduct of the offender
during the period of suspension
as shall be available and may thereupon order
the punishment to be remitted or reduced, in which case he shall cause any entry
relating
to the offence which has been made in the records of the offender to be
expunged or altered, as the case may be, or he may order
the punishment to be
forthwith carried into
execution:
Provided
that-
(a) if, during a period of suspension, the offender is convicted of a further offence against discipline, the suspended punishment shall forthwith be carried into execution, and if punishment of confinement to the precincts of any prison has been awarded in respect of both offences, such punishment shall run consecutively;
(b) if, during the period of suspension the offender is convicted of a further offence as aforesaid, the second punishment shall not be suspended.
(3)
The provisions of this section shall not affect the lodging and hearing of an
appeal.
Procedure in cases of grave or repeated offences
35.
In any case where it appears to the supervisor or senior officer who is
inquiring into an alleged offence against discipline, that
the offence alleged
to have been committed would not, by reason of its gravity, or by reason of
previous offences, or for any other
reason, be adequately punished by any of the
punishments that he is empowered to impose by section 30 such supervisor or
senior officer
shall, without recording any finding, stay the proceedings and
transmit the proceedings to the Controller. The Controller may hear
and
determine the case himself or direct that it be dealt with by the supervisor or
senior officer who transmitted it, or by any
other supervisor or senior
officer.
(Amended
by
Ordinance
20
of
1968,
s.
7.)
Dismissal and reduction in rank on account of convictions
36.
Subject to and in accordance with the provisions of section 32, the Controller
may reduce in rank or grade or may dismiss from the
Prisons Service, any officer
other than a senior officer who has been convicted by any court in respect of
any offence, unless such
officer has successfully appealed from such
conviction.
(Substituted
by
Order
10th
July
1970*.)
*
See Legal Notice No. 71 of
1970.
Fines to be recovered by stoppage of pay
37.-(1)
All fines imposed on an officer of the Prisons Service in respect of offences
under the provisions of this Act may be recovered
by stoppage of the officer's
pay due at the time of committing such offence and thereafter accruing
due.
(2) The amount of stoppage in
respect of any fine, or for any other cause authorised by the provisions of this
Act, shall be in the
discretion of the Controller, but shall in no case exceed
one-half of the offender's monthly pay; and whenever more than one order
of
stoppage is in force against the same person, so much only of his pay shall be
stopped as shall leave him a residue of at least
one-half of his monthly
pay.
(3) When more than one order
of stoppage is made against the same person, the orders later in date shall, if
necessary, be postponed
as to their enforcement until the earlier orders have
been discharged.
Loss or damage to arms and equipment to be made good by stoppage of pay
38.
If any officer of the Prisons Service, other than a senior officer, pawns,
sells, loses by neglect, makes away with or wilfully or
by neglect damages any
arms, ammunition, equipment, clothing or other appointments supplied to him, or
any other public property
committed to his charge he may, in addition to or in
lieu of any other punishment, be ordered to make good the amount of such loss
or
damage, and such amount may be recovered by stoppage from his
pay.
Pay not to accrue during absence without leave or imprisonment
39.
No pay shall accrue to any officer of the Prisons Service, other than a senior
officer, in respect of any period exceeding twenty-four
hours during which he is
absent from duty without leave, or is undergoing any sentence of
imprisonment:
Provided that in any
case the Controller may, in his discretion, authorise the payment of such
proportion of pay, not being more than
one-half, as he may think
fit.
Establishment of the Prisons Service Welfare Fund
40.-(1)
All fines imposed under the provisions of this Act for any offence against
discipline shall be paid to the Chief Accountant, to
be placed to the credit of
a fund to be called the Prisons Service Welfare
Fund.
(2) No payment shall be made
from the Prisons Service Welfare Fund except upon the authority of the
Controller.
(3) The Controller
may, in his discretion, sanction payments from the Prisons Service Welfare Fund
for any of the following purposes:-
(a) assistance to the wives and families of deceased officers of the Prisons Service, other than senior officers, or to any such officer discharged from the Prisons Service as mentally or physically unfit for further service;
(b) payments to officers of the Prisons Service, other than senior officers, as rewards for meritorious acts or service in the execution of duty, if such payments are not made from public funds;
(c) procuring comforts, conveniences, or other advantages not chargeable to public revenue for officers of the Prisons Service who are serving, or who have retired on pension or gratuity;
(d) any other purpose which the Controller considers to be for the general welfare of officers of the Prisons Service.
Officers of the Prisons Service not to join certain associations
41.-(1)
It shall not be lawful for an officer of the Prisons Service to become or to be,
a member of a trade union or an industrial association
as defined in the Trade
Unions Act or the Industrial Association Act, or of any association having for
its objects or one of its objects, to control or influence the
pay or conditions
of service of the Prisons
Service.
(Cap.
96.)
(Cap.
97.)
(2)
Any officer of the Prisons Service contravening any of the provisions of
subsection (1) shall be guilty of an offence and liable
to a fine not exceeding
$100.
(3) For the purpose of
enabling officers of the Prisons Service to bring to the notice of Government
any matter affecting their welfare
and efficiency, other than questions of
discipline or promotion, the Minister may, as he thinks fit, by order, establish
and provide
for the regulation of one or more prison officers' associations, and
nothing in the provisions of subsections (1) and (2) shall be
deemed to prohibit
an officer of the Prisons Service from joining and being a member of an
association so
established.
(Amended
by
Ordinance
34
of
1965,
s.
11
and
Order
7th
October
1970*.)
*
See
Legal Notice No. 112 of 1970.
(4)
Notwithstanding the provisions of subsections (1) and (2), it shall be lawful
for an officer of the Prisons Service, until such
time as there is established
under subsection (3), a prison officers' association of which he may be a
member, to join and be a member
of any association of civil servants for the
time being approved by the Minister by notice in the
Gazette.
(Amended
by
Order
7th
October
1970*.)
*
See
Legal Notice No. 112 of 1970.
PART VII-MEDICAL OFFICERS
Appointment and general duties of Medical Officers
42.-(1)
In each prison the medical officer shall be a registered medical practitioner or
medical officer in the service of the Government
or any other suitably qualified
person and shall be appointed by the Permanent Secretary for
Health.
(2) The medical officer
shall perform such duties as may be prescribed and, subject to the control of
the officer in charge, shall
have the general care of the health of
prisoners.
(3) The medical officer
shall report to the officer in charge any circumstances connected with the
prison or the treatment of prisoners
which at any time appear to him to require
consideration on medical
grounds.
(4) In addition to any
other visits which he may be required to make in carrying out his duties under
the provisions of this Act,
the medical officer shall, unless prevented by
illness or other sufficient cause, visit the prison at least once every
week:
Provided that when there is
no resident medical officer appointed to Suva Prison the medical officer shall
visit that prison at least
three times in every week.
Medical examination of prisoners
43.-(1)
The officer in charge shall ensure that every prisoner is medically examined by
the medical officer on admission and discharge,
and until so examined every
prisoner, on admission, shall, so far as is possible, be kept apart from other
prisoners.
(2) The medical officer
shall observe the mental and physical condition of all prisoners under sentence
of death or charged with a
capital offence, and for this purpose shall examine
all such prisoners on every day on which he visits the prison, and, subject to
the directions of the Controller, shall furnish to the officer in charge, such
reports on the mental and physical condition of such
prisoners as he may
consider necessary or
advisable.
(Amended
by
Ordinance
34
of
1965,
s.
12.)
(3)
The medical officer shall ensure that every prisoner in solitary confinement
shall be medically examined on every day on which
he visits the
prison.
(4) The medical officer
shall ensure that every prisoner in hospital shall, if possible, be medically
examined daily.
(5) The officer in
charge may order any prisoner to be medically examined as often as he thinks
necessary and any prisoner shall be
medically examined at his own
request.
PART
VIII-VISITING JUSTICES AND
VISITING
COMMITTEES
VISITING JUSTICES
Appointment of visiting justices
44.
The most senior magistrate assigned to any Division shall be the visiting
justice of every prison situated in the Division to which
he is assigned and
shall, unless prevented by illness or other sufficient cause, visit every prison
in such Division at least once
in every
week:
Provided that he may, with
the concurrence of the Commissioner for such Division, designate any other
magistrate exercising jurisdiction
in such Division, or any part thereof, to
perform such of the visits and other duties required by the provisions of this
Act to be
performed by a visiting justice as he may direct in respect of any
prison or prisons situated within such Division, and the magistrate
so
designated shall perform all of such visits and duties, and for that purpose
shall have all of the powers conferred on a visiting
justice under the
provisions of this Act.
Powers of visiting justice
45.-(1)
Every visiting justice may exercise such powers and shall perform such duties as
may be prescribed.
(2) Any judge
of the Supreme Court may exercise all or any of the powers conferred on a
visiting justice under the provisions of this
Act.
Visiting justice may summon witnesses
46.
Every visiting justice shall, for the purposes of this Act, have power to summon
witnesses and administer oaths.
OFFICIAL VISITORS
Appointment
of
official
visitors
as
visiting
committees,
and
powers
of
official
visitors
47.-(1)
The Minister may appoint for any prison in Fiji a visiting committee of not less
than four persons who shall be official visitors
to such prison. The Chairman of
each such committee shall be such member as the Minister may
direct.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
(2) Every official visitor
may exercise such powers and shall perform such duties as may be
prescribed.
PART IX-ADMISSION AND CONFINEMENT OF PRISONERS
Admission of prisoners
48.-(1)
No prisoner shall be admitted into a prison unless accompanied by a remand
warrant, order of detention, warrant of conviction
or of committal purporting to
be signed by a person having authority to sign the
same.
(2) The officer in charge
shall, before the admission of any prisoner, satisfy himself that such prisoner
is the person named in the
warrant or order of detention accompanying
him:
Provided that he shall not
refuse to accept any prisoner merely on the ground that there is an error on the
face of any such warrant
or order, but shall take steps as soon as practicable,
to have such error corrected.
Prisoner to be informed of right of appeal
49.
The officer in charge of the prison to which any convicted criminal prisoner is
first committed after conviction shall inform such
prisoner, within twenty-four
hours after his admission, of his right of appeal, if any.
Female prisoners
50.-(1)
Female prisoners shall be confined in a separate part of any prison in such a
manner as to prevent them from conversing or holding
any intercourse with any
male prisoner.
(2) Female
prisoners shall, in all cases, be attended by female officers of the Prisons
Service, and no male officer of the Prisons
Service shall enter any part of any
prison allocated to female prisoners unless accompanied by a female officer of
the Prisons Service.
(3) The keys
of every part of any prison allocated to female prisoners shall be under the
control of a female officer of the Prisons
Service.
(4) Subject to such
conditions as may be prescribed, any infant child of a female prisoner may be
received into prison with its mother
and may be supplied with clothing and
necessaries at public
expense:
Provided that the
supervisor or senior officer, on being satisfied that there are relatives or
friends able and willing to support
it, may cause such child to be handed over
to such relatives or
friends.
(Amended
by
Ordinance
20
of
1968,
s.
8.)
PART X-CUSTODY AND REMOVAL OF PRISONERS
Restraints
51.-(1)
Mechanical restraints shall not be used as a punishment and shall not be used
for any other purpose except-
(a) to prevent a prisoner from injuring himself or others, or damaging property, or creating disturbance:
Provided that no prisoner shall be placed under any mechanical restraint for any of the reasons specified in this paragraph except with the concurrence of the medical officer;
(b) to ensure the safe custody of prisoners during removal, when handcuffs may be used;
(c) under the instructions of the medical officer.
(2)
No mechanical means of restraint shall be used except of such pattern and under
such conditions as may be
prescribed.
(3) No prisoner shall
be kept under mechanical restraint for longer than is necessary, and shall not
be kept under such restraint
for a longer period than twenty-four hours unless
upon the written order of the visiting justice, the Controller or the medical
officer.
Such order shall specify the cause thereof and the time, during which
such prisoner is to be kept under restraint, and shall be preserved
by the
officer in charge as his warrant.
Prisoners deemed to be in lawful custody
52.-(1)
Every prisoner confined in any prison shall be deemed to be in the lawful
custody of the officer in charge thereof, and shall
be deemed to remain in
lawful custody and to be subject to prison discipline and regulations during the
whole period of his confinement,
whether he is or is not, within the precincts
of any prison.
(2) Any police
officer, or other officer acting under the order of any judge, magistrate or
other person having power to commit a
person to prison, may convey a prisoner to
or from any prison in which he may be legally confined, or from which he may be
legally
removed and for that purpose may, pending the availability of transport
or for other good reason, detain such prisoner in such suitable
place as he may
consider appropriate in the
circumstances.
(Amended
by
Ordinance
20
of
1968,
s.
9.)
(3)
Every prisoner shall be deemed to be in lawful custody whilst being conveyed to
or from prison or detained under the provisions
of subsection
(2).
(Inserted
by
Ordinance
20
of
1968,
s.
9.)
Prisoner to be brought before a court of justice
53.-(1)
Subject to the provisions of the Criminal Procedure Code and the Magistrates'
Courts Act, if the presence of any prisoner is required in any court of justice,
or by any person empowered by law to summon witnesses, either
for the purpose of
his being examined as a witness in any cause or matter, civil or criminal, or
for the purpose of a criminal charge
being preferred against him, it shall be
lawful for such court or person, if he considers the presence of such prisoner
necessary
for the ends of justice, to issue an order to the officer in charge of
the prison where such a prisoner is confined, requiring him
to bring such
prisoner, in proper custody, at a time to be named in the order, before such
court or
person.
(Cap.
21.)
(Cap.
14.)
(2)
On receipt of any order made pursuant to the provisions of subsection (1) or of
any other Act, requiring him to bring any prisoner
before any court or person,
the officer in charge of any prison in which such prisoner is confined shall act
in accordance with such
order and shall provide for the custody of such prisoner
during his absence from the prison.
Controller may direct prisoners to be moved to other prison
54.
The Controller may, in writing, direct that any prisoner shall be removed to any
prison, other than that in which he is confined
or to which he has been
committed.
Removal of prisoners when in danger of disease
55.
The Controller or, in case of emergency, the supervisor may, in writing,
authorise the removal of prisoners from a prison to any
other place, should
there be any danger from contagious or infectious disease in such prison, and
such other place shall, while any
prisoner are confined therein, be deemed to be
a prison.
Removal of prisoners when suffering from mental disorders
56.-(1)
If any prisoner shall appear to the officer in charge to be of unsound mind,
such officer shall forthwith report the fact to
the medical officer who shall
visit and examine such prisoner and if, after such examination-
(a) the medical officer is of the opinion that such prisoner is of unsound mind and that it is necessary or expedient that such prisoner should be removed to a mental hospital, he shall sign a certificate to that effect in the form prescribed and deliver such certificate to the officer in charge who shall forward the same to the Minister who may, by order in writing, direct that such prisoner be forthwith removed to a mental hospital; or
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(b) the medical officer is of the opinion that such prisoner should be removed to a mental hospital for observation for the purpose of determining whether such prisoner is of unsound mind or not, he shall sign a certificate to that effect in the prescribed form stating the period, not exceeding fourteen days, during which such prisoner should be so removed and deliver such certificate to the officer in charge who shall forward the same to the supervisor who may, by order in writing, direct that such prisoner be removed to a mental hospital for detention therein during such period as aforesaid:
Provided
that, if whilst a prisoner is detained in a mental hospital under the provisions
of this paragraph the superintendent of
such mental hospital becomes satisfied
that such prisoner is of unsound mind and should remain in such mental hospital
such superintendent
shall sign a certificate to that effect in the prescribed
form and deliver such certificate to the officer in charge of the prison
from
which the prisoner came, who shall forward the same to the Minister who may, by
order in writing, direct that such prisoner
be detained in such mental hospital
and such prisoner shall thereupon be deemed for all purposes to have been
removed to such mental
hospital under the provisions of paragraph
(a).
(Amended
by
Ordinance
20
of
1968,
s.
10
and
Order
7th
October
1970*.)
(2)
Every prisoner removed to a mental hospital under the provisions of this section
shall remain under detention in such mental hospital-
(a) in the case of a prisoner removed to such mental hospital under the provisions of paragraph (a) of subsection (1), until he is discharged or remitted to the prison whence he came under the provisions of section 31 of the Mental Treatment Act or previously admitted to bail under the provisions of the Criminal Procedure Code; or
(Cap. 113.) (Cap. 21.)
(b) in the case of a prisoner removed to such mental hospital under the provisions of paragraph (b) of subsection (1), until the expiration of the period specified in the order for his removal to such mental hospital, or he is previously admitted to bail under the provisions of the Criminal Procedure Code.
(Cap. 21.)
Removal of sick prisoners to hospital
57.-(1)
In case of the serious illness, other than unsoundness of mind, of a prisoner,
the officer in charge may, on the certificate
of the medical officer, make an
order for the removal of such prisoner to a
hospital.
(2) The medical officer
in charge of any hospital to which any prisoner is removed under the provisions
of this section shall, on
admission of such prisoner, and at the end of every
month, while such prisoner remains in such hospital, transmit to the officer
in
charge of the prison whence he came, a certificate signed by him, staling his
opinion as to the necessity for such prisoner to
remain in the hospital and,
when possible, stating the period for which such prisoner should so
remain.
Prisoners in hospital deemed to be in lawful custody
58.
So long as any prisoner who shall have been removed to any hospital under the
provisions of sections 56 or 57, remains therein, he
shall be deemed to be in
lawful custody.
Officers to take precautions to prevent escape
59.
Every reasonable precaution shall be taken by the medical and other officers of
any hospital, to prevent the escape of any prisoner
at any time under treatment
therein; and it shall be lawful for such officers to take such measures for
preventing the escape of
any such prisoner as are reasonably
necessary.
Power to return prisoners to prison
60.
When, in the opinion of the medical officer in charge of any hospital to which
any prisoner is removed under the provisions of section
57, it is no longer
necessary that such prisoner should remain therein, he shall transmit to the
officer in charge of the prison
whence such prisoner came a certificate stating
that such necessity has ceased, and thereupon such officer in charge shall
forthwith
cause such prisoner to be brought to the prison, if he is still liable
to be confined therein.
PART XI-EXTRAMURAL PUNISHMENT
Nature of extramural punishment
61.-(1)
Subject to subsection (2)-
(a) the supervisor, in the case of any person sentenced to imprisonment, whether by one sentence or cumulative sentences, for any period not exceeding twelve months; or
(b) the Controller, in the case of any person who is serving a sentence of imprisonment for any period exceeding twelve months and who is within twelve months of his earliest possible date of release with remission,
may,
with the written consent of such person, release him to undertake public work
outside the prison.
(2) A person
shall not be released in terms of subsection (1) unless the supervisor or the
Controller, as the case may be, is satisfied
that-
(a) such person is likely to be of good behaviour;
(b) suitable arrangements can be made for his accommodation;
(c) suitable public work is available; and
(d) such person is physically capable of undertaking the public work to which he will be assigned.
(3)
A person released under this section to undertake public work shall be employed
under the supervision of any person or authority
appointed by the supervisor or
the Controller for such number of hours, being not fewer than thirty in any
week, as the supervisor
or the Controller may
specify.
(4) A person undertaking
public work under this section shall, in lieu of rations, be entitled to such
monetary allowance as may be
prescribed.
(5) Such person may,
in addition to the public work which he is required to perform under this
section, undertake for remuneration
such other work as the supervisor or the
Controller may approve.
(6) The
period during which such person shall work shall, subject to remission, be equal
to the term of imprisonment, or the remainder
of the term of imprisonment, to
which he has been sentenced or which he is liable to
undergo.
(7) Without prejudice to
section
86,
where the supervisor or the Controller is satisfied that any person undergoing
extramural punishment under this section is in consequence
of his behaviour or
for any other reason unsuitable or unable to continue with such extramural
punishment, the supervisor or the
Controller may order the recall to prison of
such person.
(8) In this section
the expression "public work" includes undertaking work under the supervision
of-
(a) any Provincial Council established under the Fijian Affairs Act;
(Cap. 120.)
(b) any city, town or district council constituted under the Local Government Act;
(c) any local authority constituted under the Public Health Act; or
(Cap. 111.)
(d) any religious, charitable or other body approved in writing by the Minister.
(9)
This section shall not apply to any person sentenced by a Fijian Court under the
Fijian Affairs Act, but, in the case of a person so sentenced, the provisions of
any regulations referring to extramural punishment made under that
Act shall
apply.
(Inserted
by
Act
25
of
1980,
s.
2.)
(Cap.
120.)
PART XII-LABOUR OF PRISONERS
Prisoners may be given labour within or outside prison
62.-(1)
Subject to the provisions of this Act, every convicted criminal prisoner may be
kept to labour, within or without the precincts
of any prison, in any employment
that may be prescribed and may be paid such remuneration in respect thereof as
may be prescribed.
(2) Female
convicted criminal prisoners shall be employed on such work, as is suitable for
women, that may be prescribed.
(3)
Prisoners, other than convicted criminal prisoners, shall be required to keep
their cells, precincts of cells, furniture, clothing
and utensils clean, but
shall not be employed in any other work or duties without their
consent.
(4) The labour of all
prisoners confined in any prison shall be under the supervision of the officer
in charge of the prison.
PART XIII-REMISSION OF SENTENCES
Prisoners may earn remission and forfeited remission may be restored
63.-(1)
Every convicted criminal prisoner under sentence of imprisonment for any period
exceeding one calendar month, whether by one
sentence or cumulative sentences,
and whether suffering extramural punishment or not, shall, after serving one
month's imprisonment
or extramural punishment, as the case may be, be eligible
by satisfactory industry and good conduct, to a remission of one-third
of his
total sentence of
imprisonment:
Provided that the
remission so earned shall not reduce the period of imprisonment or extramural
punishment to less than one
month.
(2) On the recommendation
of the Controller, the Minister may grant such further remission as he shall
determine on special grounds,
such as exceptional merit or permanent ill
health.
(Amended
by
Order
7th
October
1970*.)
(3)
For the purpose of giving effect to subsection (1), each convicted criminal
prisoner, on admission, shall be credited with the
full amount of remission that
he could earn and shall forfeit such portions of such remission as a punishment
for idleness, lack
of industry, or any other offence against prison discipline,
as the Controller or the supervisor shall
determine:
Provided
that-
(a) the maximum forfeiture of remission of sentence which may be imposed on a person undergoing extramural punishment for any one extramural offence shall be one month;
(b) the maximum forfeiture of remission of sentence which may be imposed for any one prison offence shall be three months;
(c) the Controller may restore any forfeited remission in whole or in part.
Controller to report to Minister
64.
The Controller shall furnish to the Minister a report on the general condition
of every prisoner who has during the previous month-
(a) in the case of prisoners sentenced to imprisonment for life, completed one years' imprisonment from the date of admission and thereafter at intervals of two years;
(b) in the case of all other prisoners sentenced to imprisonment for any period of seven years or more, completed two years' imprisonment from the date of sentence and at intervals of two years thereafter;
(c) completed seven or more years of his sentence and has attained, or is believed to have attained, the age of sixty years;
(d) in the case of prisoners under twenty years of age, howsoever detained, a report at the expiration of every twelve months of imprisonment until such prisoner has attained the age of twenty years:
Provided
that-
(i) the Minister may, in the case of any such prisoner, direct that a report shall be submitted at more frequent intervals; and
(ii) the Controller may, if he thinks fit, submit a report at more frequent intervals.
(Substituted by Ordinance 20 of 1968 s. 12 and amended by Order 7th October 1970*.)
PART
XIV-COMPULSORY SUPERVISION
ORDERS
(Substituted
by
Ordinance
20
of
1968,
s. 13.)
Compulsory supervision orders
65.-(1)
The Minister may at any time, in his discretion, direct that a prisoner shall be
released on an order of compulsory supervision,
for such period as the Minister
may think fit, and the Controller shall forthwith comply with such
direction.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
(2) Where no order has been
made under the provisions of subsection (1), the Controller-
(a) shall, in the case of a prisoner who, having been sentenced to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for any period of three years or more; and
(b) may, in the case of any other prisoner sentenced to imprisonment for any period of three years or more, where he considers it necessary or desirable so to do,
make
an order providing for the compulsory supervision of the prisoner on his release
for a period not exceeding one
year:
Provided
that-
(i) the Controller shall not without the approval of the Minister, release any prisoner under a compulsory supervision order before such prisoner is due for release with remission; and
(ii) a compulsory supervision order shall not be made in respect of any prisoner who has been discharged from prison without such order.
(Amended by Order 7th October 1970* and Act 19 of 1974, s. 9.)
(3)
Every compulsory supervision order shall be in such form and be subject to such
terms and conditions as may be
prescribed.
(Substituted
by
Ordinance
20
of
1968,
s.
13.)
Revocation or cancellation of order
66.-(1)
Where the Controller is satisfied that any prisoner in respect of whom a
compulsory supervision order has been made has, during
the continuance in force
of the order, been convicted of any offence or has contravened or failed to
comply with any of the terms
or conditions of his order, the Controller may
revoke the order and shall issue a certificate to that
effect:
Provided that where a
prisoner has been released under a compulsory supervision order on the
directions of the Minister, such order
shall not be revoked without the approval
of the
Minister.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
(2) If any person in respect
of whom a compulsory supervision order is in force-
(a) is convicted of an offence; or
(b) contravenes or fails to comply with any term or condition of the order, he shall be guilty of an offence and shall be liable to imprisonment for three months.
(Substituted by Ordinance 20 of 1968, s. 13.)
Effect of cancellation or revocation
67.-(1)
Where any compulsory supervision order is revoked, the person named therein
shall, after undergoing any other punishment to
which he may be sentenced for
any offence in consequence of which his order is revoked, undergo a further term
of imprisonment equal
to that portion of his sentence which remained unexpired
at the time of his release under such
order.
(2) When any compulsory
supervision order is revoked, a magistrate shall, on production of a certificate
of such revocation, issue
a warrant for the apprehension of the person to whom
such order was issued, and any magistrate before whom such person is brought
shall issue a warrant for the readmission of such person to
prison.
(Substituted
by
Ordinance
20
of
1968,
s.
13.)
Duplicate orders
68.
If the person in respect of whom a compulsory supervision order has been made
proves to the satisfaction of the Controller that he
has lost such order through
no fault of his own, he shall be entitled to a duplicate of such
order.
(Substituted
by
Ordinance
20
of
1968,
s.
13.)
Licences granted prior to 21st April 1969.
69.
Any licence granted and in force at the commencement of the Prisons (Amendment)
Ordinance, 1968+, under the law in force immediately
prior to such commencement
shall continue of full force and effect and the provisions of sections
65
to
68
of this Act as in operation immediately prior to such commencement shall apply
to any such licence.
(Inserted
by
Ordinance
20
of
1968,
s.
13.)
+
21st April 1969.
PART XV-MAINTENANCE
Maintenance of certain prisoners from private sources
70.-(1)
A civil prisoner or an unconvicted criminal prisoner may be permitted to
maintain himself and purchase or receive from private
sources, at such hours as
may be prescribed, food, clothing, bedding or other necessaries, but subject to
examination and such conditions
as may be
prescribed.
(2) No food, clothing,
bedding or other necessaries belonging to any civil prisoner or any unconvicted
criminal prisoner shall be
given, hired, loaned or sold to any other prisoner,
and any prisoner failing to comply with the provisions of this section shall
be
liable, in addition to any other punishment provided by this Act, to lose the
privilege of purchasing or receiving food, clothing,
bedding or other
necessaries from private sources, for such time as the officer in charge may
think proper.
(3) If a civil
prisoner or an unconvicted criminal prisoner does not provide himself with food,
clothing or bedding, or if such food
clothing or bedding is, in the opinion of
the officer in charge, inadequate, such prisoner shall receive the regular food,
clothing
and bedding.
PART XVI-PROHIBITED ARTICLES
Examination of articles taken in or out of prison
71.
Any officer of the Prisons Service may examine anything being brought into or
being taken out of the prison, and may stop and search,
or cause to be stopped
and searched, any person reasonably suspected of bringing or attempting to bring
any prohibited article into,
or take any such article out of, the prison, or of
carrying, or attempting to carry, out of the prison, any property belonging to
the prison; and the officer in charge shall immediately be informed of any such
article or property so found.
Prohibited articles and communications with prisoners
72.
Any person who contrary to any regulations made under the provisions of this
Act-
(a) brings, sells, or attempts by any means whatsoever to introduce into any prison or to give to any prisoner, any article whatsoever; or
(b) communicates with any prisoner,
shall
be guilty of an offence and shall be liable to imprisonment for a period not
exceeding six months or to a fine not exceeding
$100 or to both such fine and
imprisonment.
Power of officer of Prisons Service to arrest
73.
Any officer of the Prisons Service may arrest without a warrant any person
who-
(a) commits, or attempts to commit any offence against section 72;
(b) when reasonably suspected of committing any offence against section 72, refuses, on the demand of such officer, to give his name and address; or
(c) when reasonably suspected, as in paragraph (b) gives a name or an address which such officer knows, or has reason to believe, to be false or which subsequently proves to be false,
and
shall deliver such person into the custody of a police officer.
Publication of penalties
74.
The officer in charge shall cause to be affixed in a conspicuous place outside
the prison, a notice in English, Fijian and Hindustani,
setting forth the acts
prohibited under section 72 and the penalties which may be incurred by their
commission.
Trespassing
75.-(1)
No unauthorised person shall be within the boundaries of any prison area and the
officer in charge shall take steps to demarcate
such
boundaries.
(2) Any person found
unlawfully within the boundaries of any prison area shall be guilty of an
offence and shall be liable to imprisonment
for a period not exceeding three
months or to a fine not exceeding $50 or to both such fine and
imprisonment.
(3) Any person who
commits, or attempts to commit, any offence against subsection (2) may be
arrested without a warrant and delivered
into the custody of a police
officer.
Unlawful possession of prison articles
76.
Any person other than an officer of the Prisons Service who is found in
possession of any article which has been supplied to any
officer of the Prisons
Service for the purpose of his duty, or of any other prison property, and who
fails to account satisfactorily
for his possession thereof, or who, without
lawful authority, purchases or receives any such article or property from any
officer
of the Prisons Service, or who aids or abets any officer of the Prisons
Service in selling or disposing of any such article or property,
shall be guilty
of an offence and shall be liable to imprisonment for a period not exceeding
three months or to a fine not exceeding
$50 or to both such fine and
imprisonment.
PART XVII-INCITING AND HARBOURING
Incitement and abetting of desertion
77.
Any person who, by any means directly or indirectly, procures, persuades, or
attempts to procure or persuade, any officer of the
Prisons Service to desert or
who aids, abets, or is accessory to the desertion of any such officer, or who
knowingly harbours in
or about his house, grounds or otherwise, or who knowingly
employs, or who knowingly and without lawful excuse assists any deserter,
other
than his or her spouse, shall be guilty of an offence and shall be liable to
imprisonment for a period not exceeding six months
or to a fine not exceeding
$100 or to both such fine and imprisonment.
Incitement of mutiny or sedition
78.
Any person who, directly or indirectly, instigates, commands, counsels or
solicits any mutiny or sedition amongst any officers of
the Prisons Service, or
prisoners, or disobedience to any lawful command given by any officer of the
Prisons Service, or who wilfully
attempts to seduce any officer of the Prisons
Service from his allegiance or duty, shall be guilty of an offence and shall be
liable
to imprisonment for any period not exceeding two years or to a fine not
exceeding $200 or to both such fine and imprisonment.
Harbouring or employing, or assisting a prisoner
79.
Any person who knowingly harbours in or about his house, grounds or otherwise,
or who knowingly employs, or who knowingly and without
lawful excuse assists any
prisoner illegally at large, other than his or her spouse, shall be guilty of an
offence and shall be liable
to imprisonment for any period not exceeding one
year or to a fine not exceeding $200 or to both such fine and
imprisonment.
PART XVIII-PRISONERS UNDER SENTENCE OF DEATH
Supervision of prisoners under sentence of death
80.-(1)
Every prisoner sentenced to death shall be confined in some safe place within a
prison, and, if possible, shall be kept apart
from other prisoners, and, in the
event of such sentence being confirmed by the Governor-General, shall thereafter
be placed under
constant observation both by day and by
night.
(Amended
by
Order
7th
October
1970*.)
(2)
No person, other than an officer of the Prisons Service, a medical officer, the
visiting justice or a minister of religion shall
have access to a prisoner under
sentence of death:
Provided that
such prisoner may, with the consent of and subject to any reasonable conditions
which may be imposed by the supervisor,
be visited by his legal advisers and
such of his relatives and friends as he may express a wish to
see.
(3) A prisoner under sentence
of death shall have such general and special privileges as the Controller may
from time to time direct.
(4)
Executions shall be attended by the officer in charge, the medical officer and
such other officers of the Prisons Service as the
Controller may direct, and may
be attended by a minister of religion and by such other persons as the Minister
may
authorise.
(Amended
by
Order
7th
October
1970*.)
PART XIX-DEATH OF PRISONERS
Death to be reported to medical officer and visiting justice
81.-(1)
On the death of any prisoner, the officer in charge shall, at once, report such
death to the medical officer and to the visiting
justice who shall thereupon
proceed to hold an inquiry into the cause of death of the deceased prisoner and
report upon the same
to the
Minister:
Provided that, in the
case of death of any prisoner other than by execution on sentence of death, the
visiting justice may dispense
with holding an inquiry if he considers that there
is no reasonable suspicion of culpability or other circumstances making it
desirable
to hold an
inquiry.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
(2) For the purpose of such
inquiry, the visiting justice shall have all the powers conferred upon
magistrates under the Inquests
Act.
(Amended
by
Act
19
of
1974,
s.
10.)
(Cap.
46.)
(3)
When sentence of death has been executed upon a prisoner the visiting justice
shall require the production of the prescribed certificates,
signed by the
medical officer and the officer in charge of the prison respectively, and shall
forward the same with his report to
the
Minister.
(Amended
by
Order
7th
October
1970*.)
*See
Legal Notice No. 112 of 1970.
PART XX-DISCIPLINE OF PRISONERS
Prison offences
82.
Any prisoner who commits any prison offence as may be prescribed under the
provisions of this Act shall be guilty of a prison offence
and shall be liable
to suffer punishment in accordance with the provisions of this
Act:
Provided that-
(a) nothing in this connection shall be construed to exempt any prisoner from being proceeded against for any offence by any other process of law;
(b) save as expressly provided by the provisions of this Act, no prisoner shall be punished twice for the same offence.
Trial of prison offences
83.-(1)
For the purpose of the trial of prison offences under the provisions of this
Act, there shall be the following tribunals:-
A. The Controller, who shall have power to impose any of the following punishments or any combination thereof:-
(i) forfeiture of remission of sentence not exceeding three months;
(ii) deprivation of earnings, or any part thereof, for any period not exceeding three months;
(iii) forfeiture of privileges for any period not exceeding three months;
(iv) reduction in stage or postponement of promotion in stage under the progressive stage system;
(v) cellular confinement for any period not exceeding one month;
(vi) reduced diet for any period not exceeding fourteen days;
(vii) solitary confinement, with or without reduced diet, for any period not exceeding fourteen days.
B. A supervisor or senior officer, who shall have power to impose any of the following punishments or any combination thereof:-
(i) forfeiture of remission of sentence for any period not exceeding one month;
(ii) deprivation of earnings, or part thereof, for any period not exceeding six weeks;
(iii) forfeiture of privileges for any period not exceeding six weeks;
(iv) reduction in stage or postponement of promotion in stage under the progressive stage system;
(v) cellular confinement for any period not exceeding fourteen days;
(vi) reduced diet for any period not exceeding seven days;
(vii) solitary confinement, with or without reduced diet, for any period not exceeding seven days.
(Amended
by
Ordinance
20
of
1968,
s.
14
and
Act
19
of
1974,
s.
11.)
(2)
At the request of the Controller or a supervisor or senior officer, the visiting
justice may inquire into, try and determine any
prison offence, and may impose
any punishment that the Controller is empowered to impose under subsection
(1).
(Amended
by
Ordinance
20
of
1968,
s.
14.)
(3)
No prisoner shall be punished for any prison offence unless the charge has been
read and investigated in his presence and he has
been given sufficient
opportunity to make his defence
thereto.
(4) Solitary confinement
shall not be continuous for more than seven days and an interval of seven days
shall elapse before a further
period of such
confinement.
(5) Reduced diet
shall not be continuous for more than seven days and an interval of seven days
shall elapse before a further period
of reduced diet.
Punishment of prisoners for certain offences
84.
Notwithstanding the provisions of section 83 when a convicted criminal prisoner
has been charged with any of the following prison
offences:-
(a) mutiny;
(b) incitement to mutiny; or
(c) gross personal violence to an officer of the Prisons Service or any prisoner,
the
Controller, shall commit that prisoner to the court of a resident magistrate,
which may, in addition to imposing any of the punishments
referred to in section
83,
subject to and in accordance with the provisions of section
34
of the Penal Code and other written law, impose a sentence of corporal
punishment not exceeding twelve
strokes.
(Substituted
by
Act
19
of
1974,
s.
12.)
(Cap.
17.)
Extramural offences
85.
If any person undergoing extramural punishment commits any extramural offence as
may be prescribed under the provisions of this Act,
the Controller, supervisor
or senior officer or, at the request of either of such officers, the visiting
justice, may hear and determine
a charge in respect of such extramural offence
against such person and, if such person is found guilty of such offence, may
order-
(a) that he shall suffer imprisonment for the term of imprisonment to which he was sentenced or otherwise committed to prison, subject nevertheless to a deduction of the number of days during which he has completed his daily task and he shall thereupon be committed to prison accordingly; or
(b) forfeiture of remission of sentence not exceeding one month; or
(c) both such imprisonment and forfeiture of remission.
(Amended
by
Ordinance
20
of
1968,
s.
15.)
Review by Controller
86.-(1)
The Controller shall have power to review all proceedings heard by any
supervisor or senior officer under the provisions of this
Part.
(2) Upon review, the
Controller, if he thinks that such proceedings ought to be revised, shall have
power-
(a) to quash the finding;
(b) to alter the finding and find the accused guilty of another offence;
(c) with or without altering the finding-
(i) to reduce or increase the punishment;
(ii) with or without such reduction or increase, to alter the nature of the punishment;
(d) to remit the proceedings to the supervisor or senior officer who heard them or to another supervisor for rehearing:
Provided
that the Controller shall not increase any punishment without giving the accused
an opportunity of being
heard.
(Amended
by
Ordinance
20
of
1968
s.
16.)
PART XXI-DISCHARGE OF PRISONERS
Officer in charge responsible for discharge of prisoners
87.
Every officer in charge shall be responsible for the due discharge o release
from prison of all prisoners under his control immediately
after their becoming
entitled thereto:
Provided that
any prisoner who is suffering from an acute or dangerous illness shall not,
except at his own desire, be discharged
from any prison until, in the opinion of
the medical officer, it is safe to discharge him.
PART XXII-MISCELLANEOUS
Regulations
88.
The Minister may make regulations with respect to any of the following
matters:-(Amended
by
Order
7th
October
1970*.)
*See
Legal Notice No. 112 of 1970.
(a) the regulation and government of prisons;
(b) the pay, allowances, conditions of service, powers, duties and conduct of officers of the Prisons Service, officials of any prison and other persons employed in the prisons;
(c) prescribing offences against discipline punishable under the provisions of this Act;
(d) the control, administration and application of the Prisons Service Welfare Fund;
(e) medical officers and the medical inspection of prisoners;
(f) visiting justices, official visitors and visiting committees;
(g) the admission and discharge of prisoners and the supervision and after-care of discharged prisoners;
(Amended by Ordinance 34 of 1965, s. 15.)
(h) permitting the introduction of any articles into prisons and the possession of any such articles by prisoners;
(i) visits to and communication with prisoners;
(j) the safe custody, classification, hours of labour, mode of employment, segregation, diet, clothing, maintenance, employment, discipline, instruction and correction of prisoners;
(k) prescribing prison offences punishable under the provisions of this Act;
(l) the granting of gratuities to prisoners, or the remuneration of prisoners for work done;
(m) extramural punishment;
(n) the execution of sentences of death and burials of executed prisoners;
(o) the taking of photographs, descriptions, measurements, fingerprints, palmprints and footprints and prisoners;
(p) the pattern of mechanical means of restraint and the conditions under which such means of restraint may be used;
(q) rules of procedure for tribunals;
(Amended by Act 19 of 1974, s. 13.)
(r) prescribing anything to be prescribed under the provisions of this Act;
(s) generally for the effective administration of this Act, for the good management and government of prisons.
Controlled by Ministry of Home Affairs
___________
CHAPTER
86
PRISONS
SECTION 3-DECLARATION OF PRISONS
Proclamation 8 of 1965, Notice 15th August 1972*
(Made by the Governor and the Minister)
The following prisons have
been
declared:-
SUVA
PRISON
Comprising all that parcel
of land situated on either side of Queens Road in the Province of Rewa, Tikina
of Suva enclosing all existing
prison buildings and containing a total area of 4
acres and 10 perches and being as shown on plan S .1201 deposited in the office
of the Director of Lands in
Suva.
NABORO
PRISON FARM
Comprising all that
parcel of land situated in the Province of Rewa, Tikina of Suva and comprising
part Native Grant 49 and part Native
Lease approval N.L.T.B. 4/16/1497 enclosing
all existing prison buildings and containing a total area of 1,031 acres
approximately
and being as shown on plan S.1202 deposited in the office of the
Director of Lands in Suva but excluding all that portion of land
situate in the
Tikina of Suva in the Province of Rewa containing an area of 5½ acres more
or less, situated along the Queens
Road at a distance of approximately fifty
chains from the eastern boundary of the Naboro Prison Farm, and containing the
Naboro Primary
School and the Medical Centre. The area is more particularly
shown verged red and more particularly delineated on plan P. P. 101
kept in the
office of the Director of Lands, Suva with a copy available for inspection at
the office of the Controller of Prisons
at
Suva.
(Amended
by
Notice
15th
August
1972*.)
Notice
22nd
August 1977*
*
See
Legal Notice No. 120 of
1977.
ROTUMA
PRISON
Comprising all that parcel
of land situated on the Government Station site on the Island of Rotuma
enclosing all existing prison buildings
and containing an area of 24 perches and
being as shown on plan I.105 deposited in the office of the Director of Lands in
Suva.
LAUTOKA
PRISON
Comprising all that parcel
of land situated in the Province of Ba, Tikina of Vuda enclosing all existing
prison buildings and containing
an area of 1 acre 2 roods and 16 perches as
fenced and being part Native Grant to the Crown, Number 43 as shown on plan N.D.
4616
deposited in the office of the Director of Lands in
Suva.
BA
PRISON
Comprising all that parcel
of land situated in the Province of Ba, Tikina of Ba as fenced and enclosing all
existing prison buildings
and containing an area of 1 acre 1 rood and 14 perches
and being as shown on plan Ba 2076 deposited in the office of the Director
of
Lands in
Suva.
LABASA
PRISON
Comprising all that parcel
of land situated in the Province of Macuata, Tikina of Labasa enclosing all
existing prison buildings and
containing an area of 2 acres and 28 perches and
being part of Crown Certificate of Title 6611 as shown on plan M. 2298 deposited
in the office of the Director of Lands in
Suva.
SAVUSAVU
PRISON
Comprising all that parcel
of land situated in the Province of Cakaudrove, Tikina of Savusavu enclosing all
existing prison buildings
and containing an area of 1 acre and 30 perches and
being portion of Native Lease to the Crown C.L.IV/8847 as shown on plan S.S.136
deposited in the office of the Director of Lands in
Suva.
TAVEUNI
PRISON
Comprising all that parcel
of land situated in the Province of Cakaudrove, Tikina of Cakaudrove enclosing
all existing prison buildings
and containing an area of 1 acre and 32 perches as
fenced and being as shown on plan C.D. 313 deposited in the office of the
Director
of Lands in Suva.
The
following prison has been
declared:-
NASINU
PRISON
Comprising all that area of
land situated in the Province of Naitasiri, Tikina of Naitasiri known as
Naidiridiri No. 2 enclosing all
existing prison buildings and containing a total
area of 61 acres 1I rood 16 perches and lying west of Nasinu Boys' Centre and
contained
in Native Lease approval N.L.T.B. 4/14/7304. The area is more
particularly represented by survey as Lot I on plan R. 1627 kept in
the office
of the Permanent Secretary for Lands and Mineral Resources and copies are
available for inspection at the offices of the
Controller of Prisons, Suva and
the District Officer, Suva.
_______
SECTION
7-RANKS OF THE PRISONS
SERVICE
(Declaration
by
the
Minister)
Notice
4th
August
1971+
+
See
Legal Notice No. 109 of 1971.
The officers of the
Prisons Service shall, with effect from the 1st day of July, 1971, consist of
the following ranks with relative
seniority in the order in which they are
enumerated as follows:-
Senior Officers-
CONTROLLER OF PRISONS
DEPUTY CONTROLLER OF PRISONS
SUPERINTENDENT OF PRISONS
ASSISTANT SUPERINTENDENT OF PRISONS
Junior Officers-
CHIEF PRISONS OFFICER
PRINCIPAL PRISONS OFFICER
Subordinate Officers-
PRISONS OFFICER, Class A.
PRISONS OFFICER, Class B.
PRISONS OFFICER, Class C.
_____________
SECTION 43-PRISON OFFICERS' ASSOCIATION ORDER
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1.
Short title
2.
Interpretation
3. Establishment of
Association
4. Membership of
Association
5. Central
committee
6. Constitution of the
central committee
7. Election of
members of central committee
8.
Procedure at meetings and quorum
9.
Representations by central
committee
10. Facilities for
meetings
11. Suspension of central
committee
----------------------------------------
Orders
26th
January
1966
[in
force
28th
January
1966],
7th
October
1970*
*
See Legal Notice No. 112 of
1970.
(Made by the Governor)
Short title
1. This Order may be cited
as the Prison Officers' Association Order.
Interpretation
2.
In this Order, unless the context otherwise requires-
"Association" means the Prison Officers' Association established by the provisions of paragraph 3;
"central committee" means the central committee established under the provisions of paragraph 5.
Establishment of Association
3. There is hereby
established a Prison Officers' Association the objects of which shall be to
enable subordinate officers of the
Prisons Service to bring to the notice of
Government any matters affecting their welfare and efficiency, other than
questions of
discipline or promotion.
Membership of Association
4. All subordinate
officers of the Prisons Service shall be members of the
Association.
Central committee
5. There shall be
established a central committee through which committee the Association shall
act.
Constitution of the central committee
6.-(1) The central
committee shall consist of the following members of the
Association:-
(a) four to be elected from their number by members of the Association in the Central and Eastern Divisions;
(b) two to be elected from their number by members of the Association in the Western Division;
(c) one to be elected from their number by members of the Association in the Northern Division,
such elections to be held
annually in the manner hereinafter provided in the month of November in each
year.
(2) The central committee
shall hold, in each year, an annual meeting on a day, not later than 31st
January, to be fixed by the
Controller.
(3) At each annual
meeting the central committee shall elect from among its members a chairman and
a secretary.
(4) The members of
the central committee and the officers elected under the provisions of
sub-paragraph (3) shall hold office until
the next succeeding annual
meeting.
(5) The central committee
may hold not more than two meetings in each year, including the annual meeting,
each lasting not more than
one
day:
Provided that additional
meetings may be held for special purposes with the consent of the
Controller.
Election of members of central committee
7.-(1)
All elections of members of the central committee shall be by secret ballot and
the following provisions shall apply in respect
thereof:-
(a) every person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or other means of identification of any voter, whether such voter has applied for a ballot paper or voted at that station or place or not;
(b) no person whatsoever shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, in the polling station or other place of voting, information as to the candidate for whom any voter in such station or place has voted or is about to vote, or communicate at any time to any person any information obtained in the polling station or other place of voting as to the candidate for whom any voter in such station or place has voted or is about to vote;
(c) every person in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper;
(d) no person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to be made known to any person the name of the candidate for or against whom he has so marked his vote; and
(e) any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.
(2)
Every member of the Association in any Division or Divisions shall have a right
to vote at the election of members of the central
committee to be elected by the
members of the Association in such Division or Divisions, and may give one vote
and no more for each
of any number of candidates not exceeding the number to be
elected by the members of the Association in such Division or
Divisions.
(3) Subject to the
provisions of this Order, the central committee may make regulations as to the
mode of election of the members
thereof and as to the filling of casual
vacancies occurring among such
members:
Provided that in the case
of the first elections held under the provisions of this Order the mode of
election shall, subject as aforesaid,
be as determined by the
Controller.
Procedure at meetings and quorum
8.-(1) The Chairman, at
any meeting of the central committee shall have a casting, as well as a
deliberative, vote. The quorum of
a meeting of the central committee shall be
four.
(2) Subject to the
provisions of this Order the central committee may regulate its own procedure,
including the appointment of committees
and
subcommittees:
Provided that the
first meeting shall be convened in such manner and the procedure to be followed
thereat shall be such as the Controller
may
direct.
(3) The secretary of the
central committee shall keep minutes of the meetings of the committee and shall
within thirty days after
the end of any such meeting forward two copies of the
minutes thereof to the Controller and one copy of such minutes to each member
of
the committee.
Representations by central committee
9.
The central committee may at any time submit representations in writing to the
Controller and, through the Controller, to the Minister
and shall consider and
report upon any matters referred to it by the Controller or by the Minister,
through the Controller:
Provided
that all such representations and reports shall be submitted to the Controller
by the normal Service channels of correspondence
and in conformity with the
provisions of any regulations or orders for the time being in force in relation
thereto.
(Amended
by
Order
7th
October
1970*.)
Facilities for meetings
10. Except where, in
special circumstances, a subordinate officer is required for duty for which no
substitute is available, leave
shall be given for attendance at all meetings
duly held under the provisions of this Order and every such attendance shall, as
regards
allowances and expenses, be deemed an occasion of duty.
Suspension of central committee
11.-(1) The Controller,
with the prior approval of the Minister, may at any time suspend a central
committee if he considers that
the interests of the Prisons Service require that
such committee shall forthwith cease to
function.
(Amended
by
Order
7th
October
1970*)
*
See Legal Notice No. 112 of
1970.
(2) The suspension of a
central committee shall include the suspension of any committee or subcommittee
appointed by such central
committee.
__________________________
SECTION 88-PRISONS SERVICE REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1.
Short title
PART I-APPOINTMENT
2. Declaration on
appointment
3. Medical
examination
4. Bar on
appointment
PART II-LEAVE
5. Junior officers' leave
and leave allowances
6. Subordinate
officers' leave and leave
allowances
7. Leave outside
Fiji
8. Study
leave
9. Compassionate
leave
10. Sick
leave
11. Application of this
Part
PART III-PAY AND ALLOWANCES
12.
Pay
13.
Increments
14. Incremental
penalties
15.
Allowances
16. Transfer
allowances
17. Quarters
PART IV-DISCIPLINE
18. Offences against
discipline
19. Procedure at trials for
offences against discipline
PART V-GENERAL
20. Communications,
complaints, grievances and
petitions
21. Prohibition on taking
part in professional sport
22. Issue
of equipment, etc.
First Schedule-Form
of Declaration on Appointment
Second
Schedule-Rates of Subsistence
Allowance
Third Schedule-Rates of
Transfer Allowances
---------------------------------------
Regulations
22nd
December
1965
in
force
1st
January
1966,
Orders*
10th
July
1970,
7th
October
1970,
Regulations+
4th
July
1972,
5th
October
1972,
13th
December
1973,
2nd
December
1975,
20th
June
1979,
4th
June
1980.
18th
August
1980,
1st
January
1982,
27th
May
1982,
6th
October
1982
*
See
Legal Notices Nos. 71 of 1970, 112 of
1970.
+
See
Legal Notices Nos. 57 of 1972, 101 of 1972, 157 of
1973,
134 of 1975, 121 of 1979, 110 of
1980, 133 of 1980, 11 of 1982,
64 of
1982, 112 of 1982.
(Made by the Governor and the Minister)
Short title
1. These Regulations may be
cited as the Prisons Service Regulations.
PART I-APPOINTMENT
Declaration on appointment
2. Every junior and
subordinate officer shall, on appointment to the Prisons Service, make before
the Controller or a senior officer,
a declaration on oath or affirmation in the
form prescribed in the First Schedule.
Medical examination
3. Prior to appointment or
re-appointment for any period every subordinate officer shall be passed
medically fit by a Government medical
officer on such medical examination as the
Controller may direct.
Bar on appointment
4. No subordinate officer
shall be appointed or re-appointed for further service after he has attained the
age of 55 years.
PART II-LEAVE
Junior officers' leave and leave allowances
5.-(1)
A junior officer shall be entitled to 16 days annual leave with full pay for
each completed 12 months of service, inclusive of
any service as a subordinate
officer, but so that only 2 such periods of annual leave may be taken during
each tour of 3 years resident
service. This leave may not be
accumulated.
(2) Annual leave may
be granted at the discretion of the Controller and shall be subject to the
exigencies of the service.
(3) A
junior officer may be granted 42 consecutive days vacation leave with full pay
on completion of each tour of 3 years' resident
service:
Provided that the
Controller may in respect of a junior officer-
(a) on the grounds of urgent private affairs; or
(b) who is required by the Controller to take his leave; or
(c) who is called upon to retire; or
(d) who retires at his own request,
grant
him a period of vacation leave proportionate to the period served since his last
preceding vacation leave.
(3A) A
junior officer granted vacation leave in any of the circumstances specified in
the proviso to paragraph (3) shall, in addition,
be granted any annual leave
then due to him, calculated on
a
pro
rata
basis.
(Inserted
by
Regulations
27th
May
1982*.)
*
See
Legal Notice No. 64 of 1982.
(4)
After completion of 12 years' continuous service, inclusive of any service as a
subordinate officer, a junior officer shall be
entitled to 72 consecutive days'
long service leave on full pay to be taken at the end of any tour of 3 years'
resident service:
Provided that a
junior officer shall in no case be entitled to such leave if he has already
enjoyed long service leave as a subordinate
officer under regulation 6
(4).
(5) A junior officer who is
required, due to the exigencies of the service, to resume duty before the
expiration of any leave shall
be entitled to carry forward the balance of his
leave and accumulate it with the leave to which he is entitled at the expiration
of his next 3 years of
service.
(6) A junior officer
while on leave may, at the discretion of the Controller, be granted an extension
of leave-
(a) on the grounds of public interest which leave shall, unless otherwise directed by the Controller, be on full pay;
(b) on any other ground (apart from that of sick leave prescribed in regulation 10) which leave shall, unless otherwise directed by the Controller, be without pay.
(7) (a) A leave allowance of $100 shall be paid to a junior officer at the end of each tour of 3 years' resident service as a junior officer after he has completed 12 years' service, inclusive of any service as a subordinate officer:
Provided that-
(i) if a junior officer who is called upon to retire or who retires at his own request has at the time of his retirement completed 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment in full of the leave allowance prescribed in this sub-paragraph;
(ii) if such junior officer has not at the time of his retirement complete 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment of a leave allowance proportionate to the period served since his last preceding vacation leave.
(b) A leave allowance of $200 shall be paid to a junior officer who is taking long service leave.
(c) The leave allowances mentioned in sub-paragraphs (a) and (b) shall be paid at least 7 days before the officer proceeds on leave.
(Substituted by Regulations 5th October 1972*.)
* See Legal Notice No. 101 of 1972.
Subordinate officers' leave and leave allowances
6.-(1) A subordinate
officer shall be entitled to 16 days annual leave with full pay for each
completed 12 months of service, but
so that only 2 such periods of annual leave
may be taken during each tour of 3 years' resident service. This leave may not
be accumulated.
(2) Annual leave
may be granted at the discretion of the Controller and shall be subject to the
exigencies of the service.
(3) A
subordinate officer may be granted 30 consecutive days' vacation leave with full
pay on completion of each tour of 3 years resident
service:
Provided that the
Controller may in respect of a subordinate officer:-
(a) on the grounds of urgent private affairs; or
(b) who is required by the Controller to take his leave; or
(c) who is called upon to retire; or
(d) who retires at his own request,
grant
him a period of vacation leave proportionate to the period served since his last
preceding vacation leave.
(3A) A
subordinate officer granted vacation leave in any of the circumstances specified
in the proviso to paragraph (3) shall, in
addition, be granted any annual leave
then due to him, calculated on a
pro
rata
basis.
(Inserted
by
Regulations
27th
May
1982+.)
+
See
Legal Notice No. 64 of 1982.
(4)
After completion of 12 years' continuous service, a subordinate officer shall be
entitled to 60 consecutive days' long service
leave on full pay to be taken at
the end of any tour of 3 years' resident
service.
(5) A subordinate officer
who is required, due to the exigencies of the service, to resume duty before the
expiration of any leave
shall be entitled to carry forward the balance of his
leave and accumulate it with the leave to which he is entitled at the expiration
of his next 3 years of
service.
(6) A subordinate officer
while on leave may, at the discretion of the Controller, be granted an extension
of leave-
(a) on the grounds of public interest which leave shall, unless otherwise directed by the Controller, be on full pay;
(b) on any other ground (apart from that of sick leave prescribed in regulation 10) which leave shall, unless otherwise directed by the Controller, be without pay.
(7) (a) A leave allowance of $50 shall be paid to a subordinate officer at the end of each tour of 3 years' resident service after he has completed 12 years' service:
Provided that-
(i) if a subordinate officer who is called upon to retire or who retires at his own request has at the time of retirement completed 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment in full of the leave allowance prescribed in this sub-paragraph;
(ii) if such subordinate officer has not at the time of his retirement completed 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment of a leave allowance proportionate to the period served since his last preceding vacation leave.
(b) A leave allowance of $150 shall be paid to a subordinate officer who is taking long service leave.
(c) The leave allowances mentioned in sub-paragraphs (a) or (b) shall be paid at least 7 days before the officer proceeds on leave.
(Inserted by Regulations 5th October 1972*.)
* See Legal Notice No. 101 of 1972.
Leave outside Fiji
7. Leave granted under the
provisions of regulations 5 or 6 may be spent outside Fiji with the permission
of the
Controller.
(Inserted
by
Regulations
5th
October
1972*.)
*
See Legal Notice No. 101 of
1972.
Study leave
8.
Study leave may be granted by the Controller to a junior officer or a
subordinate officer in accordance with Government leave
regulations.
(Inserted
by
Regulations
5th
October
1972*.)
*
See Legal Notice No. 101 of
1972.
Compassionate leave
9.-(1) The Controller may
grant a junior or subordinate officer compassionate leave not exceeding 3 days
in total during any 12 months
period.
(2) Any leave granted to
an officer under paragraph (1) shall be in addition to any other leave to which
he may be entitled under
these
Regulations.
(Substituted
by
Regulations
6th
October
1982+.)
+
See Legal Notice No. 112 of
1982.
Sick leave
10.-(1) The Controller
may, on the recommendation of a Government medical officer, at any time grant up
to 3 months' sick leave in
any period of 12 months to any junior or subordinate
officer. Such sick leave shall be on full pay, unless necessitated by the
officer's
own indiscretion or negligence in which case such leave may be without
pay or on such reduced pay as may be decided by the
Controller.
(2) If at the
expiration of 3 months' sick leave any junior or subordinate officer is still
unfit for service, the Controller may
grant such officer any vacation leave he
has earned and if at the expiration of such vacation leave the officer is then
certified
by a medical board to be unfit for duty this latter period of vacation
leave may be extended by a further period of 180 days which,
subject to the
provisions of paragraph (1), shall be on full pay. Where there is any reason to
believe that the officer will ultimately
be fit for duty, this period may be
further extended by an additional 180 days which, subject as aforesaid, shall be
on half pay.
Application of this Part
11. The provisions of this
part shall apply-
(a) to all junior and subordinate officers appointed after the commencement of these Regulations; and
(b) to all junior and subordinate officers appointed prior to the commencement of these Regulations.
(Amended
by
Order
7th
October
1970*.)
PART III-PAY AND ALLOWANCES
Pay
12. The pay of all junior
and subordinate officers shall be as set forth in the approved annual estimates
of Fiji and shall be paid
at intervals of not greater than one month as the
Controller with the approval of the Minister may
direct.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
Increments
13. Subject to the
provisions of regulation 14, the procedure for the granting of annual increments
of pay to junior and subordinate
officers shall be in accordance with the
directions of the Controller.
Incremental penalties
14. If it appears to the
Controller that the service of any officer is or has been so unsatisfactory, as
regards conduct, efficiency,
diligence or fidelity as to justify the withholding
of any increment to which such officer may be or become eligible, and the
officer
has been given not more than 3 months' prior warning that failure to
improve the standard of his service may lead to the withholding
of such
increment, he shall so inform the officer in writing, indicating the reasons,
and ask the officer if he has any representations
to make within such period,
being not less than 7 days thereafter, as may be specified by the Controller. At
the expiration of that
period the Controller shall forward a full statement of
the reasons for recommending the withholding of such increment, together
with
the representations, if any, made by the officer and all other relevant papers,
to the Public Service Commission for its decision
as to whether any incremental
penalty should be imposed on such officer or
not.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
Allowances
15. The rates of
subsistence allowance to be paid in the circumstances specified in General
Orders, to junior and subordinate officers
travelling on duty shall be in
accordance with those specified in the Second Schedule.
Transfer allowances
16. The rates of transfer
allowances, to be paid in the circumstances specified in General Orders, to
junior and subordinate officers
shall be in accordance with those specified in
the Third
Schedule.
(Substituted
by
Regulations
4th
June
1980+.)
+
See Legal Notice No. 110 of
1980.
Quarters
17.-(1) Junior officers
who occupy Government or prisons quarters shall pay rent at the rate of 10 per
cent of their salaries for
furnished quarters and at the rate of 5 per cent of
their salaries for unfurnished quarters and any junior officer who is not
provided
with such quarters shall receive such lodging allowance as may from
time to time be fixed by the Controller with the approval of
the
Minister.
(Substituted
by
Regulations
1st
January
1982++.)
++
See Legal Notice No. 11 of
1982.
(2) Subordinate officers
allocated Government or prisons quarters shall not pay rent or electricity
charges, water charges or sanitation
fees and shall be supplied with free light
and fuel; and if no such quarters are available for them such allowances, as may
from
time to time be fixed by the Controller with the approval of the Minister,
shall be paid to them.
PART IV-DISCIPLINE
Offences against discipline
18. Any junior or
subordinate officer who commits any of the following offences:-
(1) uses traitorous or disloyal words regarding the Sovereign;
(2) is disrespectful in word, act or demeanour to any of his superior officers;
(3) wilfully disobeys any lawful order;
(4) is guilty of drunkenness;
(5) drinks intoxicating liquor whilst on duty for which he has been detailed;
(6) parades for duty for which he has been specially detailed, under the influence of liquor;
(7) absents himself without leave;
(8) sleeps at his post or leaves it without authority before being regularly relieved, except in fresh pursuit of any person whom it is his duty to apprehend;
(9) being under arrest or confinement, leaves or escapes from arrest or confinement before he is set at liberty by proper authority;
(10) neglects or refuses to assist in the apprehension of any person whom it is his duty to apprehend;
(11) allows any prisoner who is committed to his charge, or whom it is his duty to keep or guard, to escape;
(12) offers unwarranted violence to any person in his custody;
(13) is guilty of cowardice;
(14) discharges any arms without just cause or orders;
(15) without reasonable cause fails to present himself for duty at the time appointed by his superior officer;
(16) pawns, sells, loses by neglect, makes away with, wilfully or by neglect damages, or fails to report any damage, to any arms, ammunition, equipment, clothing or other appointment supplied to him, or any other public property committed to his charge;
(17) appears on duty out of uniform, or improperly or slovenly dressed, or dirty;
(18) malingers, feigns, or wilfully produces any disease or infirmity;
(19) is guilty of wilful misconduct, or wilfully disobeys, whether in hospital or otherwise, any orders by means of which misconduct or disobedience he produces or aggravates any disease or infirmity or delays its cure;
(20) incurs debt beyond his means;
(21) refuses or, by culpable neglect, omits to make, sign or send any report or return which it is his duty to make, sign or send;
(22) knowingly makes any false accusation against any other officer of the Prisons Service or against any prisoner;
(23) takes part in any professional sport;
(24) engages without the consent of the Minister in employment other than as an officer of the Prisons Service;
(Amended by Order 7th October 1970*.)
(25) is unduly familiar with any prisoner;
(26) assists or connives with any prisoner in having or obtaining any prohibited article, or otherwise engages in such trafficking as may be prescribed;
(27) without the consent of the Minister has any interest, direct or indirect, in any contract for the supply of any article to any prisoner or for the use of any prisoner or for use in any prison;
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(28) receives any fee or gratuity from any prisoner, visitor to any prison, person whom he knows to be an ex-prisoner, or any friend of any prisoner;
(29) has any business dealings with any prisoner;
(30) enters any prisoner's cell contrary to the provisions of the Act, or any orders;
(31) allows any unauthorised person to communicate with any prisoner;
(32) neglects to guard, supervise or attend any prisoner under his charge;
(33) carelessly searches, or neglects to search, any person whom he is required to search;
(34) carelessly searches or examines, or neglects to search or examine any cell or ward, or any fastenings thereof, or any bedding or clothing, which he is required to examine or search;
(35) allows dirt to accumulate in any wards, cells, passages or other places under his charge;
(36) omits to report any misconduct, breach of rules, or omission of duty in himself or any other officer of the Prisons Service;
(37) in any way obstructs the duties of any other officer of the Prisons Service;
(38) is disobedient of, or negligent in carrying out, any other of the provisions of the Act or of these Regulations, not herein expressly mentioned, or any lawful order of any superior officer or other person in authority connected with any prison; or
(39) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline, shall be guilty of an offence against discipline for the purposes of section 29 of the Act.
Procedure at trials for offences against discipline
19. The following
procedure shall apply to all proceedings heard by any tribunal under the
provisions of section
30
of the Act:-
(i) the officer charged with an offence against discipline (hereinafter referred to as "the accused") shall be supplied with a copy of the charge prior to the hearing;
(ii) no documentary evidence shall be used in any such proceedings unless the accused has been given access thereto prior to the hearing;
(iii) the evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the accused;
(iv) the evidence given at the proceedings need not be taken down in full, but the substance and material points thereof must be recorded in writing and read over to the accused;
(v) the accused shall have the right to cross-examine each witness giving evidence against him, and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness;
(vi) the accused shall be asked if he desires to give evidence in his own defence and to call witnesses and, if he does so desire, shall be given a reasonable opportunity to do so;
(vii) the tribunal may, in its discretion, allow the accused to be assisted by a friend, being a senior officer, and, when such permission is given, his defence may be conducted by such friend.
(Amended
by
Order
10th
July
1970*.)
*
See
Legal Notice No. 112 of
1970.
PART V-GENERAL
Communications, complaints, grievances and petitions
20.-(1)
Subject to the provisions of paragraph (2), every junior an subordinate officer
shall be entitled to make any complaint or application,
either orally or in
writing, to his superior officer who shall, on the request of the officer making
such complaint or application,
forward the same to the Controller without
delay.
(2) No junior or
subordinate officer shall-
(a) together with any other such officer, prepare or initially sign any complaint, petition or statement of grievances in relation to any matter concerning the Prisons Service;
(b) petition the Governor-General or Minister in relation to any complaint or grievance unless such complaint or grievance has been previously communicated in writing through his superior officer to the Controller and the reply of the Controller relating to such complaint has been communicated to the officer making the same; or
(c) put forward any anonymous communication whatsoever to any superior officer in the Prisons Service.
(Amended
by
Order
7th
October
1970*.)
*
See
Legal Notice No. 112 of
1970.
Prohibition on taking part in professional sport
21. No officer of the
Prisons Service shall take part in any professional sport.
Issue of equipment, etc.
22.-(1) Officers of the
Prisons Service shall be issued with such arms, ammunition, equipment, clothing
and appointments as may from
time to time be determined by the
Controller.
(2) Subject to the
provisions of section 16 of the Act, all arms, ammunition, equipment, clothing
and other appointments whatsoever
supplied to any officer of the Prisons Service
or for use by him, under the provisions of this regulation shall remain the
property
of the Government.
(3)
Arms, ammunition, equipment, clothing and other appointments and stores issued
to any officer of the Prisons Service shall be
used for prison purposes
only.
-------------------------------------------------
FIRST
SCHEDULE
(Regulation
2)
(Amended by
Order
7th
October 1970*.)
*
See
Legal Notice No. 112 of 1970.
FORM OF DECLARATION ON APPOINTMENT
I, do solemnly and sincerely declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and that I will faithfully serve Her and Her Heirs and Successors, during my service in the Fiji Prisons Service and will obey all orders of the Governor-General and of the officers placed over me and will subject to myself to all Acts, Orders and Regulations relating to the Fiji Prisons Service now in force or which may from time to time be enforced.
Signature of officer of
the Prisons Service
........................................................
Sworn
(or affirmed) at ................this .....................day of
................, 19.........
Before
me:
..................................
(Signature
of Controller or senior officer)
_____________
SECOND
SCHEDULE
(Regulation
15)
(Substituted
by Regulations
18th
August 1980++.)
++
See
Legal Notice No. 110 of 1980.
RATES OF SUBSISTENCE ALLOWANCE
(a) Junior
and subordinate officers (per day) .......................$8.00
_____________
THIRD
SCHEDULE
(Regulation
15)
(Substituted
by Regulations
4th
June 1980+.)
+
See
Legal Notice No. 133 of 1980.
RATES OF TRANSFER ALLOWANCES
(a) Junior
and subordinate officers (married)
......................$150
(b) Junior
and subordinate officers (single).........................$ 80
_____________
SECTION 88-PRISONS REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I-PRELIMINARY
REGULATION
1.
Short title.
2.
Interpretation.
PART II-GENERAL
3. Manner of applying
Regulations.
PART III-ADMINISTRATION
4. Controller's
inspections and reports on persons.
5.
Enforcement of Regulations.
6.
Inspection of prisons by Controller.
Supervisors of Prisons
7. Duties of
supervisors.
Officers in charge
8. Duties of officer in
charge.
9. Illness or absence of
officer in charge.
Chief Officers
10.
Duties of chief officer.
11.
Inspection of prison by chief
officer.
12. Visit to working parties
by chief officer.
13. Night visits to
prison by chief officer.
14.
Prisoners' complaints and
applications.
15. Inspection of
prisoners' meals.
16. Chief officer in
a women's prison.
Prison Officers
17. Duty to report
irregularities.
18. Absence from
duty.
19. Treatment of
prisoners.
20. Testimonials to
prisoners.
21. Keys of the
prison.
22. Tobacco and
liquor.
23. Entering cell at
night.
24. Prisoners' complaints and
applications to be reported to chief
officer.
25. Safe custody of
prisoners.
26. Counting and searching
of prisoners.
27. Discipline
duty.
Gatekeepers
28. Duties of
gatekeeper.
29. Gatekeeper not to
permit prisoner to pass out of prison without
escort.
30. Workmen in
prison.
31. Examination of articles by
gatekeeper.
PART IV-MEDICAL OFFICER
32. Medical examination of
prisoners.
33. Keeping of
records.
34. Report on prisoners
mentally unsound.
35. Reports on sick
prisoners to officer in charge.
36.
Prisoners unfit for imprisonment.
37.
Reports on prisoners under sentence of
death.
38. Inspection of prison by
medical officer.
39. Visits to
prisoners committed on capital
charge.
40. Reports on prisoners
charged with capital offence.
41.
Review of prisoners' weights.
42.
Infectious disease.
43. Death of
prisoner.
44. Attendance at executions
and corporal punishments.
45. Medical
officer's reports on prison
hospital.
46. Medical officer to be
conversant with Regulations.
47. Entry
into prison.
PART V-ADMISSION, CUSTODY AND DISCHARGE OF PRISONERS
48. Prisoners'
privileges.
49. Hours of locking up
and unlocking.
50. Search of prisoners
on admission.
51. Manner of
searching.
52. Photographs and
particulars of prisoners.
53. Custody
and disposal of prisoner's money and other
effects.
54. Bathing and weighing of
prisoner.
55. Prison
clothing.
56. Hair cutting and
shaving.
57. Prisoners to keep
themselves clean.
58. Classification
of prisoner at allocation centre.
59.
Establishment of reception boards.
60.
Prisoners committed in default of payment of fines,
etc.
61.
Diets.
62. Computation of
sentences.
63. Check of release dates
of prisoners.
64. Establishment of
discharge boards.
65. Special clothing
for appearance in court.
66. Abstract
of Regulations to be posted.
PART VI-CLASSIFICATION OF PRISONS AND PRISONERS
67. Controller may set
aside prisons for particular classes of
prisoners.
68. Male and female
prisoners to be kept apart.
69. Method
of classification of prisoners.
70.
Segregation of various classes of
prisoners.
71. Removal of prisoners
from various classes.
72. Transfer of
prisoners to different classes.
73.
Each class may wear a distinguishing badge.
PART VII-THE PROGRESSIVE STAGE SYSTEM
74. Establishment of stage
system.
75. Length of sentence for
stage system.
76. Promotions in
stage.
77. First
stage.
78. Second
stage.
79. Third
stage.
80. Special
stage.
81. Expenditure of
gratuity.
82. Days in hospital or on
punishment.
83. Reduction in
stage.
84. Uniforms or badges for each
stage.
85. Prisoners on extramural
punishment not eligible.
86. Stage
privileges.
87. Controller may direct
further privileges.
88. Special
promotion in stage.
PART VIII-LETTERS AND VISITS TO PRISONERS
89. Entitlement to letters
and visits.
90. Letters on
admission.
91. Deferment of letters
and visits.
92. Special letters and
visits.
93. Restriction and
supervision of
visits.
94. Communication with
ex-prisoner.
95. Admission of
visitors.
96. Censorship of prisoners'
letters.
97. Visits by legal
advisers.
98. Service of writs on
prisoners.
99. Visits by
police.
PART IX-PETITIONS AND COMPLAINTS
100. Petitions by
prisoners.
101. Prisoners complaints
and applications.
PART X-EMPLOYMENT OF PRISONERS
102. Employment of
convicted criminal
prisoners.
103. Allocation of work to
prisoners.
104. Prisoners unfit for
normal labour.
105. Exercise for
prisoners on sedentary work.
106. Type
and record of prisoners'
labour.
107. Ratio of escort to
working parties.
108. Civil and
unconvicted prisoners who volunteer for
work.
109. Work on
holidays.
110. Employment of prisoners
as servants prohibited.
111. Prisoners
not to be used in disciplinary capacity.
PART XI-ESCAPES, PROHIBITED ARTICLES AND AREAS
112. Duty of prison
officers to prevent escape of
prisoners.
113. Action in the event of
escape of prisoner.
114. Period at
large not to count towards
sentence.
115. Potential
escapees.
116. Power to offer
rewards.
117. Prohibited
articles.
118. Gaming in
prison.
PART XII-CIVIL AND UNCONVICTED, CRIMINAL PRISONERS
119. Civil and unconvicted
prisoners to be
segregated.
120. Treatment of civil
prisoners.
121. Treatment of
unconvicted criminal
prisoners.
122. Maintenance of
judgment debtors.
PART XIII-DISCIPLINE OF PRISONERS
123. Prison
offences.
124. Offences by extramural
prisoners.
125. Procedure at trials
for prison offences and extramural
offences.
126. Offences by prisoners
to be dealt with promptly.
127. Record
of punishments.
128. Medical
examination of certain
prisoners.
129. Certain prisoners may
be deprived of
privileges.
130. Visitors to prisoners
in solitary confinement.
131. Periods
in solitary
confinement.
132. Forfeiture of
remission.
133. Prisoners may be
segregated at work.
134. Prevention of
injury when corporal punishment
inflicted.
135. Type of cane and
corporal punishment.
136. Corporal
punishment book.
137. Use of
mechanical restraints.
138. Records of
prisoners under mechanical restraint.
PART XIV-REMISSION OF SENTENCES
139. Calculation of
sentences for
remission.
140. Operation of remission
of sentences to be
explained.
141. Record of remission to
be kept.
142. Prisoners transferred to
a mental hospital.
143. Date of
release with remission.
PART XV-COMPULSORY SUPERVISION ORDERS
144. Interpretation.
145. Form
of compulsory supervision
order.
146. Compulsory supervision
orders.
147. Report on failure to
comply with
conditions.
148. Particulars to be
provided to Controller.
PART XVI-PRISONERS UNDER SENTENCE OF DEATH
149. Statement of prisoner
under sentence of death.
150. Date of
execution.
151. Place and manner of
execution.
152. Burial or cremation of
executed prisoners.
153. Transfer of
condemned prisoner.
154. Search of
condemned prisoner.
155. Searching of
cell.
156. Information to condemned
prisoner regarding appeal.
PART
XVII-VISITING JUSTICES, VISITING COMMITTEES
AND
OFFICIAL
VISITORS
157. Duties of visiting
justice.
158. Powers of visiting
justice.
159. Powers and duties of
official visitors.
160. Visiting
committee to visit prison at least once in every three
months.
161. Copy of remarks by
visiting justice to be forwarded to Controller.
PART
XVIII-MINISTERS OF RELIGION
AND
PRISONERS AID
SOCIETIES
162. Religious
denominations.
163. Ministers of
religion may visit
prisoners.
164. Supply of religious
books.
165. Visits of probation
officers, etc.
PART XIX-EXTRAMURAL PUNISHMENT
166. Duties of supervisors
of extramural punishment.
167. Medical
examination of sick offenders.
PART XX-MISCELLANEOUS
168. Medical examination
of sick offenders.
169. Order for
removal of prisoner to mental hospital and for detention
therein.
170. Reports on
prisoners.
FIRST SCHEDULE-Dietary
Scales.
SECOND SCHEDULE-Stage
Gratuities.
THIRD
SCHEDULE-
Compulsory supervision
order; Conditions on which compulsory supervision order is
granted.
FOURTH
SCHEDULE
Form 1-Medical certificate
for removal of prisoner of unsound mind to mental
hospital.
Form 2-Medical certificate
for removal of a prisoner to a mental hospital for
observation,
Form 3-Medical
certificate for detention in a mental hospital of a
prisoner.
FIFTH
SCHEDULE
Form 1-Order of the Minister
for removal of a prisoner of unsound mind to a mental
hospital.
Form 2-Order of the
supervisor for removal of a prisoner to a mental hospital for
observation.
Form 3-Order of the
Minister for detention in a mental hospital of a prisoner previously removed
thereto for observation.
------------------------------------------
SECTION 88-PRISONS REGULATIONS
Regulations*
12th
December
1968,
11th
April,
1969,
7th
September
1970,
Order+
7th
October
1970,
Regulations++
17th
February
1975,
26th
October
1976
*
See
Legal Notices Nos. 51 of 1969, 75 of 1969, 103 of
1970.
+
See
Legal Notice No. 112 of 1970.
(Made by the Acting Governor)
Short title
1. These Regulations may
be cited as the Prisons Regulations.
PART I-PRELIMINARY
Interpretation
2. In these Regulations,
unless the context otherwise requires:-
"chief officer" in relation to a prison where a senior officer has been appointed as officer in charge, means the officer in such prison who is next in seniority and, where no senior officer has been appointed as officer in charge, means the officer in charge of such prison;
"letter" means and includes any written communication addressed to or written by a prisoner whether the same be written, typed or printed;
"prison officer" means any member of the Prisons Service and includes any public officer seconded or attached to such Service;
"prohibited article" means and includes any article which a prisoner is prohibited by the provisions of these Regulations from having in his possession;
"Standing Orders" means Standing Orders made by the Controller under subsection (2) of section 8 of the Act;
"young prisoner" means a prisoner whose apparent age does not exceed 19 years and may, at the discretion of an officer in charge, include a prisoner whose apparent age does not exceed 20 years.
(Amended by Order 7th October 1970f.)
t See Legal Notices Nos. 29 of 1975, 140 of 1976.
PART II-GENERAL
Manner of applying Regulations
3. Subject to the
provisions of the Act, these Regulations shall be applied in accordance with the
following guiding principles:-
(a) discipline and order shall be maintained with fairness but firmness, and with no more restriction than is required for safe custody and to ensure a well-ordered community life;
(b) in the control of prisoners, prison officers should seek to influence them, through their own example and leadership so as to enlist their willing co-operation;
(c) at all times the treatment of convicted prisoners shall be such as to encourage their self-respect and a sense of personal responsibility, so as to rebuild their morale, to inculcate in them habits of good citizenship and hard work, to encourage them to lead a good and useful life on discharge and to fit them to do so; and
(d) at every prison systems of privileges approved by the Controller and appropriate to the classes of prisoners therein shall be established. Such systems may include arrangements under which money earned by prisoners in prison may be spent by them within the prison.
PART III-ADMINISTRATION
Controller's inspections and reports on persons
4. The Controller
shall-
(a) at least twice a year thoroughly and systematically inspect or cause to be inspected every prison established under the provisions of the Act;
(b) report to the Minister any matter which he considers should be brought to the notice of the Minister;
(c) before the 30th April in each year or such other date as may be directed by the Minister prepare and furnish to the Minister a report for the preceding year referring to all matters of interest connected with the administration and the prisons in Fiji.
Enforcement of Regulations
5. The Controller shall
ensure that the provisions of the Act and of these Regulations are strictly
carried out and shall take all
necessary steps to secure uniformity of
administration of prisons in Fiji.
Inspection of prisons by Controller
6. The Controller shall on
each inspection of any prison-
(a) inspect all of the books, registers, journals and other records required by the provisions of these Regulations or by any Standing Orders to be kept at such prison by the officer in charge and by the medical officer;
(b) visit every part of such prison and see every prisoner who expresses a desire to see him and every prisoner in solitary confinement or in punishment cells;
(c) inquire into all complaints and applications made to him by any prisoner and make such orders and give such directions in respect thereof as he thinks proper;
(d) on completion of each such inspection record in a book, to be known as the Officers Visiting Book, to be kept for that purpose, all orders and directions made or given by him during the course of such visit, together with such remarks as he thinks fit.
Supervisors of Prisons
Duties of supervisors
1.
Every supervisor shall-
(a) supervise and control all matters in connection with any or all prisons to which he is appointed and shall be responsible to the Controller for the conduct and treatment of all prison officers and prisoners under his control and for the due observance by all such officers and prisoners of the provisions of the Act and of these Regulations and of all rules and orders made thereunder;
(b) ensure that all returns and reports are duly furnished to the Controller by the officers in charge of all prisons under his control and satisfy himself as to the accuracy thereof;
(c) receive and investigate all complaints and attend to any applications received from any prison officer or from any prisoner;
(d) inspect all prisons under his control as frequently as possible and as the Controller may direct and on each such inspection shall-
(i) inspect and countersign all books, registers, journals and other records required by the provisions of these Regulations or by Standing Orders to be kept by the officer in charge and by the medical officer;
(ii) visit every part of each such prison and see every prisoner detained therein at the time of such inspection especially visiting those in solitary confinement or in punishment cells and all sick prisoners ensuring that proper arrangements are made for their safe custody and that discipline is maintained so far as consistent with the treatment prescribed for them;
(iii) inspect the provisions provided for prisoners and satisfy himself a to the quality of food supplied for their use and inquire into any complaints that may be made to him regarding quality or quantity of rations supplied to prisoners;
(iv) inquire into all complaints and applications made to him by any prisoner and make such orders and give such directions in respect thereof as he thinks proper; and
(v) on completion of such inspection, record in the Officers Visiting Book all orders or directions made or given by him during the course of such inspection together with such remarks as he thinks fit.
Officers in charge
Duties of officer in charge
8. Every officer in charge
of a prison shall supervise and control all matters in connection with the
prison to which he is appointed
and shall be responsible to the supervisor and
to the Controller for the conduct and treatment of all prison officers and
prisoners
under his control and for the due observance by all such officers and
prisoners of the provisions of the Act and of these Regulations
and all rules
and orders made thereunder, forthwith reporting to the supervisor every
circumstance which may come to his knowledge
likely to affect the safety, health
or comfort of prisoners, the efficiency of the prison officers under his control
and every other
matter which may require the attention of the supervisor or the
Controller and shall-
(1) visit and inspect twice daily all wards, cells, yards, workshops, kitchens, latrines and other parts of the prison and every cell or other place in which any prisoner is undergoing punishment or special discipline in respect of any offence, and so far as is practicable, see every prisoner every day and visit daily all prisoners whilst employed at labour:
Provided that if he is unable to make any such daily visits and inspections he shall record in a book to be known as the Occurrence Book to what extent he has omitted them and the cause of such omissions;
(2) take every precaution to prevent the escape of prisoners;
(3) require reports to be made to him accounting for all prisoners in his custody at the closing and opening of the prison, at such hours as they go to or return from labour and at such other times as may be necessary;
(4) assure himself that the cells and wards are unlocked and locked up at the prescribed times and that prisoners go to and return from their work in an orderly manner under proper escort;
(5) arrange for the proper employment of prisoners ensuring that every prisoner is employed according to his capacity for work, that no prisoner transfers from one working party to another without his authority, that the labour on which prisoners are employed is properly entered in the record of each prisoner and that the entry in the record is amended whenever a prisoner's labour is altered;
(6) at least once a week, visit without warning every part of the prison at any hour of the night between the hours of II p.m. and 5 a.m., which visits he shall record in the Occurrence Book slating the hour of each such inspection and the condition of the prisoners;
(7) new prisoners as soon as possible after admission and satisfy himself that they are properly committed to his custody;
(8) without delay, call the attention of the medical officer to any prisoner whose state of mind or body appears to require attention, and carry into effect all written directions of the medical officer respecting any alteration in the discipline, treatment, diet or labour of such prisoner;
(9) supply the medical officer with a list of prisoners under punishment for prison offences at such frequency as the Controller may direct;
(10) without delay, notify the medical officer in writing of the illness of any prison officer or prisoner and supply him with a list of the prisoners who have reported sick;
(11) visit the prison hospital daily and see all prisoners therein ensuring that proper arrangements exist for the safe custody of prisoners employed on hospital duties;
(12) upon the death of a prisoner, immediately give notice in writing to the Controller, to the medical officer and to the visiting justice;
(13) enter in the Occurrence Book, all his orders relative to punishment and discipline of prisoners and cause such orders to be communicated to the prison officers concerned;
(14) hear reports daily at such hour as may be most convenient;
(15) ensure that any prisoner having a complaint or request to make of him, shall have ample facilities for doing so, and redress any legitimate grievance or take such steps as may seem necessary in relation thereto, and every such complaint or request shall be entered in the prisoner's personal record together with the decision of the officer in charge in each case;
(16) forward to the supervisor for transmission to the Controller without delay every report or complaint which any prison officer wishes to make to the Controller with any comment which he may wish to make in relation to such complaint or report;
(17) forward to the supervisor any report or complaint against a prison officer with which he is not competent or willing to deal; but, in every case he shall permit the officer concerned to see the report or complaint against him, and to make a reply to it for the information of the supervisor;
(18) inform the visiting justice or any official visitor of any prisoner who expresses a desire to see them;
(19) ensure that every prisoner under punishment for a prison offence is visited during the day at intervals of not more than one hour by a prison officer;
(20) attend every corporal punishment inflicted in the prison and enter in the Corporal Punishment Book the date and hour at which such punishment was inflicted, the number of strokes inflicted, any orders which the medical officer may have given on the occasion and any special circumstances connected with it;
(21) report to the supervisor every occasion on which he orders a prisoner to be placed under restraint, the duration of the order and the reason occasioning it;
(22) ensure that all prison officers under his control maintain proper discipline amongst themselves and amongst the prisoners and that they maintain and wear their clothing in a clean and proper manner and condition;
(23) enter in the Occurrence Book the number of prisoners unlocked and locked up, any matters of importance which have occurred during the day, any omission of duty and the reasons for such omissions;
(24) use his best endeavours to promote the education of prisoners and to fit them for return to society;
(25) be responsible for all accounts, stores, furniture, tools, clothing, arms and ammunition kept in the prison;
(26) read and initial or cause to be read and initialled every letter addressed to or written by a prisoner, using his discretion in communicating to or withholding from any prisoner at any time the contents of any letter addressed to such prisoner but in every case in which he withholds the contents of a letter from any prisoner he shall record that fact together with his reasons therefor in the Withheld Letters Register;
(27) enter in the Occurrence Book any instance in which he refuses admission to any visitor to any prisoner and the cause thereof;
(28) in addition to the records required to be kept under the provisions of these Regulations keep such other records as the Controller may direct;
(29) ensure that those sections of the Act and these Regulations relating to the treatment of prisoners in general, the discipline of prisoners and the punishments to which they are liable for any infringement thereof are communicated to prisoners on first admission;
(30) be responsible for the safe custody of all records, commitment warrants and other documents committed to his care and for money, clothing and other articles taken from prisoners;
(31) receive all fines and penalties paid by or on behalf of any prisoner and pay them without delay to the person appointed to receive them;
(32) in addition to any other returns required by the Controller, make out and forward to the supervisor on the last day of each month for transmission to the Controller the following returns:-
(a) a return showing the daily distribution of all prisoners during the month; and
(b) a list of prison offences committed by prisoners during the month and of all punishments in respect thereof and under what and by whose authority;
(33) inspect the supplies of provisions furnished by all contractors and immediately report to the supervisor any instance in which he finds any such supplies deficient in quantity or quality;
(34) afford such advice and assistance as may be necessary to enable prisoners to forward petitions to any authority;
(35) each night ensure that all keys are safely disposed of in proper custody;
(36) superintend generally the distribution of all working parties when proceeding to their labour and see that all prisoners are thoroughly searched before entering the prison and before being locked up for the night;
(37) on leaving the prison for any purpose ensure that the next most senior officer on duty attends to his duties within the prison with instructions as to where he is to be found in the event of his presence being required;
(38) make inquiry weekly as to the condition of prisoners who have been removed to any hospital or mental hospital for treatment;
(39) either personally or by the next most senior officer in the prison make frequent visits to all working parties and ensure that all prisoners are kept steadily to the labour to which they have been assigned;
(40) ensure that all prison officers under his control at the prison are properly instructed in their duties and responsibilities;
(41) promote the utmost economy in every department of the prison.
Illness or absence of officer in charge
9. When by reason of the
illness or absence from the prison of the officer in charge, the charge of the
prison shall devolve on the
next most senior prison officer serving in the
prison.
Chief Officers
Duties of chief officer
10.-(1) The chief officer
shall, subject to the directions of the officer in charge, be the principal
discipline officer of the prison
and shall ensure that all written laws and
orders are strictly observed and that proper discipline is maintained throughout
the prison.
In the absence of the chief officer, the officer who is next in
seniority shall be responsible for performing all the duties of the
chief
officer.
(2) The chief officer
shall carry out any duties that may be specially assigned to him by the officer
in charge.
Inspection of prison by chief officer
11. The chief officer
shall visit and inspect the whole prison and shall see every prisoner therein at
least twice in every 24 hours,
and in default of such daily visits and
inspections he shall record in his Journal how far he has omitted them and the
cause of such
omission.
Visit to working parties by chief officer
12. The chief officer
shall visit daily every party of prisoners while at work, both inside and
outside the prison and shall ensure
that discipline and order are maintained
among them and report thereon as may be directed by the officer in
charge.
Night visits to prison by chief officer
13. The chief officer
shall inspect every part of the prison at least once a week between the hours of
11.00 p.m. and 5.00 a.m. and
shall record, in red ink, in his Journal the time
of such visit and the condition of the prison.
Prisoners' complaints and applications
14. The chief officer
shall ensure that every prisoner having a complaint or application to make shall
have an opportunity of doing
so. He shall ensure that every prisoner is able to
record a complaint or application in the Prisoners' Complaint and Application
Book and shall bring that book to the notice of the officer in charge
daily.
Inspection of prisoners' meals
15. The chief officer
shall inspect and superintend the issuing of prisoners' meals.
Chief officer in a women's prison
16. In a women's prison,
the senior woman prison officer shall perform all the duties of the chief
officer set out in this Part.
Prison Officers
Duty to report irregularities
17. A prison officer shall
immediately report to his immediately superior officer any contravention of the
provisions of the Act,
or of these Regulations or Standing Orders which may come
to his notice.
Absence from duty
18. No subordinate officer
shall be absent from the prison during hours of duty without leave from the
officer in
charge.
Treatment
of
prisoners
19.-(1)
No prison officer shall use force in dealing with any prisoner
except-
(a) in self-defence;
(b) in the defence of another prison officer, or of any prisoner or visitor; or
(c) when reasonably necessary to prevent any prisoner from escaping or to preserve the peace or to compel obedience to lawful orders which such prisoner refuses to obey or in order to maintain discipline in the prison,
in
which case no more force than is necessary shall be used and no such officer
shall act deliberately in a manner calculated to provoke
a
prisoner.
(2) No prison officer
shall punish or inflict any privation upon any prisoner except in accordance
with the provisions of the Act
or these
Regulations.
(3) Every prison
officer in charge of any prisoners in association shall prevent all unauthorised
communication by any of such prisoners
with any other
person.
(4) No prison officer
shall unnecessarily converse with any prisoner nor allow any familiarity towards
himself or any other prison
officer nor shall he on any account discuss his
duties, matters of discipline, prison arrangements or his own private affairs
within
the hearing of any prisoner.
Testimonials to prisoners
20.-(1) No prison officer
shall give a testimonial to or in respect of, any prisoner or former prisoner as
regards the prisoner's
conduct in prison or
elsewhere.
(2) No subordinate
officer shall receive private visitors while on duty.
Keys of the prison
21. No prison officer
entrusted with any of the keys of the prison shall take them out of the prison
or leave them lying about, but
shall, when leaving the prison on any occasion
deliver his keys to the officer in charge or to such other prison officer as may
be
authorised by the officer in charge to receive them.
Tobacco and liquor
22. No prison officer
shall introduce or use liquor within any prison or, except with the express
authority of the officer in charge
thereof, introduce or use tobacco within any
prison.
Entering cell at night
23.-(1) No subordinate
officer shall enter a prisoner's cell at night without being accompanied by
another officer except in cases
of imperative necessity and in such
circumstances he shall make an immediate report to his superior
officer.
(2) No male prison
officer shall enter any part of a prison in which women prisoners are confined
unless accompanied by a woman prison
officer.
Prisoners' complaints and applications to be reported to chief officer
24. A subordinate officer
shall inform the chief officer without undue delay of the name of any prisoner
who desires to see the chief
officer or to make a complaint or
application.
Safe custody of prisoners
25. Subordinate officers
shall be responsible for the safe custody of prisoners under their charge and
with this in view they shall
count the prisoners at least once every half hour,
and always:
(a) on receiving charge of a party;
(b) on handing over charge;
(c) on leaving any building or work.
Counting and searching of prisoners
26.-(1) On proceeding with
prisoners to their labour the prison officer in charge of each party shall count
the number of prisoners
therein as they are told off and repeat the number aloud
to the officer in charge or other officer appointed to be in charge of the
distribution of prisoners and thereafter such officer in charge of the party
shall be responsible for the safe custody and regular
conduct of all prisoners
in the party and shall especially ensure that they do not straggle, go out of
his sight, or hold any communication
with any workmen or other person not
connected with the prison or in any way obtain possession of any prohibited
article.
(2) On return of any
prisoner to a prison and when locating prisoners for the night every prison
officer in charge of any such prisoner
or prisoners shall search them thoroughly
and ensure that they have no prohibited articles in their
possession.
(3) No prison officer
who is in charge of prisoners shall under any pretext what-so ever leave such
prisoners unless he is properly
relieved of his charge by another prison
officer.
Discipline duty
27. Every prison officer
is liable to perform discipline duty if required.
Gatekeepers
Duties of gatekeeper
28.-(1) The prison officer
acting as gatekeeper of any prison (hereinafter referred to as the gatekeeper)
shall not allow any person,
not being a prison officer, or a prisoner, to enter
the prison without the sanction of the Controller or the officer in
charge.
(2) The provisions of
paragraph (1) shall not apply to-
(a) The Governor-General;
(b) the Minister or any person authorised in writing by the Minister;
(c) the Chief Justice and any Puisne Judge;
(d) the medical officer or his representative;
(e) a visiting justice or an official visitor;
(f) a public officer who is required to visit a prison in the course of his duties.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(3)
The gatekeeper shall keep a record in the Gate Book of all persons, other than
prison officers on regular shifts, entering or
leaving the prison and he shall
require all such persons to write their names in a book provided for that
purpose.
(4) The gatekeeper shall
not allow any person other than a prison officer to enter the prison without
being accompanied by a prison
officer.
Gatekeeper not to permit prisoner to pass out of prison without escort
29.-(1) The gatekeeper
shall not allow any prisoner to pass out of the prison unaccompanied by a prison
officer.
(2) The gatekeeper shall
carefully check the admission of prisoners' visitors and if he is not satisfied
that the visit is in order
he shall immediately report the matter to the chief
officer for instructions.
Workmen in prison
30.-(1) The gatekeeper
shall warn all work people who may be working in the prison that they are not
allowed to speak to or give anything
to any prisoner without proper
authority.
(2) The gatekeeper
shall satisfy himself that work people passing out of the prison correspond with
those who entered.
Examination of articles by gatekeeper
31.-(1) The gatekeeper
shall take charge of any article, food or letter brought to the prison for a
prisoner and he shall deliver
them to the chief officer or to the officer
detailed by the chief officer to receive
them.
(2) The gatekeeper shall
ensure that no prohibited article is brought into the prison and that no prison
property or unauthorised
letter or other communication is taken out of the
prison except with the authority of the chief officer, and, for this purpose,
shall
stop and search any person whom he reasonably suspects to be carrying any
such article, property, letter or communication and shall
stop and examine every
vehicle entering or leaving the
prison:
Provided that no female
may be searched except by a woman prison officer.
PART IV-MEDICAL OFFICER
Medical examination of prisoners
32.-(1) The medical
officer, or his subordinate shall-
(a) where practicable examine every prisoner on first admission to the prison and before such prisoner is made to do or carry out work;
(b) examine every prisoner ordered to undergo punishment for a prison offence if such punishment involves solitary confinement or a reduction of the prisoner's normal diet and shall certify in writing whether in his opinion such punishment may be inflicted without the probability of serious injury being caused thereby;
(c) visit as often as may be necessary the prisoners who are sick;
(d) direct such modifications of labour and diet of prisoners as in particular cases he may deem necessary.
(2)
After every medical examination carried out under the provisions of
sub-paragraph
(a)
of paragraph (1), the medical officer shall enter in the prisoner's medical
record the state of health of the prisoner and any other
information which he
may consider desirable to
record.
(3) The medical officer
shall after the medical examination of a prisoner enter in the prisoner's
medical record whether or not the
prisoner is fit for normal labour and whether
there shall be any restriction or condition regarding the type of labour to
which the
prisoner may be put.
Keeping of records
33. The medical officer
shall enter or cause to be entered in the medical officer's day book and the
prisoner's medical record, an
account of the name, disease, state and treatment
of every prisoner reporting sick and such book and record shall be accessible to
the officer in charge.
Report on prisoners mentally unsound
34. The medical officer
shall report in writing to the officer in charge any case of a prisoner whose
mind has been or appears to
him to be injuriously affected or who is mentally
disordered and shall give written directions in such case as he may think
proper.
Reports on sick prisoners to officer in charge
35. The medical officer
shall report in writing to the officer in charge any case of a prisoner (other
than a case to which regulation
34 applies) which, in his opinion, based on
medical grounds, should be brought to the notice of the officer in charge and
shall make
such recommendations as he may think proper to the officer in charge
as regards discipline or treatment of such prisoner or the supply
of additional
or alternative food or articles to such
prisoner:
Provided that in the
case of additional or alternative food such recommendation shall be reviewed
monthly by the medical officer.
Prisoners unfit for imprisonment
36. Whenever the medical
officer is of the opinion that-
(a) the life of a prisoner is likely to be endangered by his continued imprisonment; or
(b) a sick prisoner will not survive his sentence; or
(c) a prisoner is totally and permanently unfit for prison discipline, he shall submit his opinion and the grounds thereof in writing to the officer in charge who shall forward the same to the Controller.
Reports on prisoners under sentence of death
37.-(1) The medical
officer shall report in writing to the officer in charge on the mental condition
of a prisoner under sentence
of death as follows:-
(a) within one week of sentence being passed;
(b) if one week has elapsed between the passing of sentence and the transfer of the prisoner to the prison where the sentence is to be carried out, as soon as practicable after his admission to the latter prison;
(c) if subsequently there is, in the opinion of the medical officer, a change in the mental condition of the prisoner, immediately on observation of such change;
(d) immediately after the dismissal of any appeal lodged by the prisoner.
(2)
The officer in charge shall immediately submit any report made by the medical
officer under the provisions of this regulation
to the
Controller.
Inspection of prison by medical officer
38. At least once every
month the medical officer shall inspect every part of the prison and during such
inspection he shall pay special
attention to the sanitary state of the prison,
the health of the prisoners, and the adequacy and proper cooking of the diets;
and
enter in the medical officer's day book the results of such
inspection.
Visits to prisoners committed on capital charge
39. The medical officer
shall visit every person in the prison who is committed for trial on a capital
charge and shall make such
observations and notes thereon as may be requisite to
enable him to give evidence as to the mental condition of such person, if
required,
at the trial.
Reports on prisoners charged with capital offence
40. The medical officer
shall at least one week before the trial of any person on a capital charge
submit a report in writing to the
Attorney-General with a copy to the Controller
on the mental condition of the person staling whether or not any indication of
insanity
has been exhibited and whether or not in his opinion the person is fit
to plead; and if the medical officer is of the opinion that
there is a distinct
history of periodical attacks of insanity, followed by intervals of mental
lucidity, and that the person has
enjoyed a lucid period whilst under
observation in prison, his report shall embody this opinion.
Review of prisoners' weights
41. At least once in every
month the medical officer shall review the weights of the prisoners as recorded
in the weight book.
Infectious disease
42. On the appearance of
any infectious disease in a prison, the medical officer shall immediately inform
the officer in charge and
the Permanent Secretary for Health thereof and shall
take such steps including the giving of written directions in relation thereto
to the officer in charge and shall superintend the steps taken for this
purpose.
Death of prisoner
43. On the death of any
prisoner, the medical officer shall record in the register of deaths the
following particulars in respect
of the deceased prisoner so far as they can be
ascertained:-
(a) the day on which he first complained of illness or was observed to be ill;
(b) the labour, if any, for which he was engaged on that day;
(c) the scale of his diet on that day;
(d) the day on which he was admitted to hospital;
(e) the day on which the medical officer was first informed of such illness;
(f) the nature of the illness;
(g) the day when he was last seen before death by the medical officer;
(h) the date and time of death together with an account of his appearance after death and any other remarks that the medical officer may consider necessary; and
(i) the opinion of the medical officer as to the cause of death.
Attendance at executions and corporal punishments
44. On receiving notice
from the officer in charge, the medical officer shall attend the execution of
every prisoner under sentence
of death and every infliction of corporal
punishment.
Medical officer's reports on prison hospital
45. The medical officer
shall report in writing to the officer in charge any irregularity in the prison
hospital, clinic or sick bay
which may come to his knowledge and any difficulty
or obstruction with which he may meet in the performance of his
duties.
Medical officer to be conversant with Regulations
46. The medical officer
shall make himself conversant with the provisions of these Regulations and shall
conform with them, and shall
support the officer in charge in the maintenance of
discipline and order and safe custody of prisoners in so far as the medical
officer's
duties affect these matters.
Entry into prison
47. The medical officer
may enter the prison at any time of the day or night in the exercise of his
duties.
PART V-ADMISSION, CUSTODY AND DISCHARGE OF PRISONERS
Prisoners' privileges
48. No prisoner shall be
entitled to exercise any right or claim any privilege which is not a right or
privilege conferred on such
prisoner by or under the Act or these Regulations or
any other written law.
Hours of locking up and unlocking
49.-(1) No prisoner shall
be admitted to prison between the hours of 7 p.m. and 7
a.m.:
Provided that at the
discretion of the Controller an officer in charge may be authorised to admit
prisoners to prison at such other
hours as may be
determined.
(2) All prisoners
shall be locked up in the evening and unlocked in the morning at such times as
the Controller may from time to time
direct.
Search of prisoners on admission
50. Every prisoner shall
be searched on admission to a prison and at such times thereafter, as the
officer in charge may direct and
all prohibited articles found on any prisoner
shall be taken from him:
Provided
that a female prisoner may only be searched by a female prison
officer.
Manner of searching
51. The searching of a
prisoner shall be conducted with due regard to decency and self-respect and in
as seemly a manner as is consistent
with the necessity of discovering any
concealed article. No prisoner shall be stripped and searched in the presence of
another prisoner.
Photographs and particulars of prisoners
52.-(1) Upon admission to
a prison and from time to time as may be required, every prisoner may be
photographed and his name, age,
height, particular marks and general appearance
shall be recorded in the prisoner's personal
record.
(2) The following
provisions shall apply to the taking of photographs, descriptions, measurements,
fingerprints, palm prints and footprints
of any criminal
prisoner:-
(a) he shall be photographed either in prison clothing or in the clothes which he is wearing at the time of his admission to prison or in any other clothing suitable to his ostensible position and occupation in life;
(b) any photograph taken shall include a photograph of the full face and a photograph of the true profile of the prisoner;
(c) the description taken may include-
(i) a general description of the appearance of the prisoner;
(ii) the size and relative position of every scar and descriptive mark
upon any part of the body; and
(iii) the signature of the prisoner;
(d) the measurements taken shall include the height and weight of the prisoner and such other measurements as the Controller may direct;
(e) fingerprints, palmprints, and footprints may be taken in such manner as the Controller may direct.
Custody and disposal of prisoners' money and other effects
53.-(1) All money,
clothing or other effects brought into a prison by any prisoner, or sent to a
prisoner for his use, not expressly
allowed by these Regulations and which he is
not permitted to retain shall be taken from the prisoner and placed in the
custody of
the officer in charge. An inventory thereof shall be recorded in the
prisoner's personal record and prisoner's property book, which
shall be signed
by the prisoner and the officer in
charge.
(2) All such money,
clothes or other effects shall be returned to such prisoner on his release or
discharge from prison.
(3) In any
case in which the clothes of any prisoner are so old, worn out or filthy as to
be unfit for further use the officer in
charge may order the same to be
destroyed, and in such case, on the release or discharge of such prisoner, the
officer in charge
may, at public expense, provide him with clothing, suitable to
his position in life.
(4) Any
article of a perishable, objectionable or dangerous nature brought in by a
prisoner may be destroyed.
(5) The
officer in charge may refuse to take into prison any property of a prisoner
which by reason of its bulk, nature or excessive
quantity cannot be stored in
the prison.
Bathing and weighing of prisoner
54.-(1) Every prisoner
shall take or be made to take a bath on
admission.
(2) The officer in
charge shall cause every prisoner to be weighed immediately on his admission to
prison and once each month
thereafter.
(3) The weight of a
prisoner determined at each weighing referred to in paragraph (2), shall be
recorded in the prisoner's personal
record and the Prisoners' Weight
Book.
(4) The officer in charge
shall notify the medical officer of any substantial change in the weight of any
prisoner.
Prison clothing
55.-(1) On admission to
prison every convicted criminal prisoner shall be provided with and shall use
prison clothing and bedding
of such type and quantity as the Controller may
direct and any other prisoner may be provided with prison clothing and bedding,
if
he so elects or if, in the opinion of the officer in charge, the clothing and
bedding of such prisoner is
inadequate.
(2) The clothing and
articles issued to convicted criminal prisoners shall be marked in such manner
as the Controller may
direct:
Provided
that-
(i) the quantity of such clothing shall be such as to permit him to change his clothing at least twice a week; and
(ii) any prisoner whose health may require it shall be allowed such other articles of clothing or footwear as shall be ordered by the medical officer.
Hair cutting and shaving
56.-(1) Every male
convicted criminal prisoner shall, unless otherwise ordered by the officer in
charge, have his hair and beard cut
short and shall be shaved as often as may be
necessary:
Provided that a
prisoner may be permitted to grow his hair and beard, as he may desire, for two
weeks before his release or discharge
from
prison.
(2) No woman prisoner
shall have her hair cut except at her own request or upon the direction of the
medical officer if he considers
it necessary for the sake of health or
cleanliness.
(3) The hair of a
prisoner awaiting trial shall be kept, as far as cleanliness permits, in the
same state as it was on his admission
to prison.
Prisoners to keep themselves clean
57. Every prisoner
shall-
(a) keep himself clean and decent in his person and shall obey such directions as to bathing and otherwise as may be given for that purpose; and
(b) keep his cell or ward and the precincts thereof in a state of cleanliness.
Classification of prisoner at allocation centre
58.-(1) There shall be
established at Suva Prison, or at such other prison as the Controller may
declare, an allocation centre which
shall be under the charge of such senior
officer as the Controller may
appoint.
(2) All convicted
criminal prisoners sentenced to more than six months imprisonment, or such other
period as the Controller may decide,
shall as soon as possible after conviction
be admitted to the allocation
centre.
(3) The officer in charge
of the allocation centre shall cause enquiries to be made as to the prisoner's
previous history, character
and general background and shall, after interviewing
the prisoner submit the results of his enquiries to an allocation board to be
appointed by the Controller and that board shall classify the prisoner in
accordance with these Regulations and allocate him to the
prison which it
considers most suitable for the training and rehabilitation of the
prisoner:
Provided that nothing in
this regulation shall prevent the Controller from ordering that a prisoner shall
be transferred from one
prison to another, if the need for such transfer should
subsequently become apparent.
Establishment of reception boards
59.-(1) At such prisons as
the Controller may designate there shall be established a board, to be known as
"the reception board" consisting
of the officer in charge and such other persons
as the Controller may appoint.
(2)
The reception board shall as soon as possible after a prisoner's admission
(unless such day be a Sunday or public holiday) interview
the prisoner and
decide upon the training and employment most suited to his
needs.
(3) The reception board
shall at the interview with the prisoner, provide him with information about so
much of these Regulations
as concern the treatment of prisoners of his class,
the remission system, stage system, privileges, the proper method of making
complaints
and applications and the disciplinary requirements of the
prison.
Prisoners committed in default of payment of fines, etc.
60. A prisoner who is
committed to prison in default of payment of a fine, compensation, debt or costs
or for want of surety shall,
on admission, be informed by the officer in charge
of the lawful means whereby he may obtain his release from
prison.
Diets
61.-(1) Any prisoner on
admission may elect to take any of the dietary scales prescribed in the First
Schedule and having made such
election he shall not be permitted to change to
any other dietary scale without the approval of the officer in charge or on the
recommendation
of the medical
officer.
(2) On any occasion that
a particular item specified in the dietary scale prescribed in the First
Schedule cannot reasonably be provided,
the Controller or officer in charge may
authorise the substitution for such item of another item of the same or similar
nutritive
value.
(3) In the case
of any particular prisoner, the dietary scale prescribed in the First Schedule
may be increased, reduced or otherwise
varied by the officer in charge on the
recommendation of the medical officer whenever that officer considers it
advisable or necessary
in the interests of the health of such prisoner and every
such alteration shall be recorded in such prisoner's medical
record.
(4) The food supplied
shall be wholesome in quality and prepared and cooked in clean
receptacles.
(5) The quality and
quantity of rations shall be tested daily by the officer in charge and the chief
officer.
(6) No prisoner shall be
required to work unless he has partaken or had the opportunity of partaking of
food before the day's work
begins.
(7) If any prisoner
complains that he has not received his proper allowance of food the officer in
charge shall cause his rations
to be weighed or measured in his presence and the
deficiency, if any, shall be thereupon made up.
Computation of sentences
62.-(1) All sentences
shall be computed as follows:-
(a) a term of imprisonment shall be deemed to run from the first moment of the day on which the sentences begins;
(b) due provision shall be made for any remission to which the prisoner may be entitled; and
(c) a sentence of imprisonment expressed in terms of one month or so many months, or one year or so many years shall run to the date in the month or year in which it expires preceding that on which it commenced, whatever be the number of days in the month or months or year or years.
(2)
Prisoners may be discharged at noon on the day on which they are entitled to be
discharged, but should that day fall on a Sunday
or a public holiday, they may
be discharged at noon on the preceding week
day:
Provided that no prisoner
shall be entitled to be discharged until the end of the last day of his
sentence.
Check of release dates of prisoners
63.-(1) The officer in
charge shall, at least once a month, check the release dates of all prisoners
who are due for discharge in
the ensuing
month.
(2) Subject to the
directions of the Controller, the officer in charge shall, on the day of
discharge of any prisoner, notify the
Criminal Records Office, Police
Headquarters, of such discharge.
Establishment of discharge boards
64.-(1) At such prisons
and in respect of such categories of prisoners as the Controller may designate
there shall be established
a board to be known as "the discharge board" which
shall consist of the officer in charge and such other persons as the Controller
may appoint.
(2) The discharge
board shall, at least three months before a prisoner's discharge or release,
interview the prisoner and determine
the action to be taken as regards his
welfare, employment and after care after the prisoner's discharge or release
from prison.
(3) The officer in
charge shall enter details of the discharge board's determination and
recommendations in the prisoner's personal
record.
Special clothing for appearance in court
65.-(1) A prisoner shall
not appear in court whilst in prison
clothing.
(2) If the private
clothing of a prisoner is not suitable or sufficient for the purpose of his
appearance in court he shall be provided
with garments which are not of a prison
pattern.
Abstract of Regulations to be posted
66. A printed abstract of
these Regulations in English, Fijian and Hindustani approved by the Controller,
relating to the treatment
and conduct of prisoners shall be posted in every
prison in such place or places that it may readily be read by all
prisoners.
PART VI-CLASSIFICATION OF PRISONS AND PRISONERS
Controller may set aside prisons for particular classes of prisoners
67. The Controller may set
aside prisons or parts of prisons for the custody of particular classes of
prisoners.
Male and female prisoners to be kept apart
68. Male and female
prisoners shall be kept apart and confined in separate prisons or in separate
parts of the same prison in such
manner as to prevent, as far as practicable,
their seeing or communicating with each other.
Method of classification of prisoners
69.-(1) With a view to
facilitating the training of prisoners and of minimising the danger of
contamination, prisoners shall be classified,
having regard to their sex, age,
character and previous history, in the following classes:-
(a) the unconvicted class-which shall consist of criminal prisoners on remand or awaiting trial, debtors and civil prisoners;
(b) the convicted class-comprised of the following classes:-
(i) the young prisoner class-which shall consist of convicted criminal prisoners whose apparent age does not exceed 19 years or prisoners not exceeding 20 years of age who, in the opinion of the officer in charge should not, having regard to their character, be classed with adult prisoners;
(ii) the star class-which shall consist of convicted criminal prisoners not being in the young prisoner class, who are first or second offenders, or other prisoners who, in the opinion of the officer in charge, are of relatively good character and have no vicious tendencies or habits;
(iii) the ordinary class-which shall consist of convicted criminal prisoners not placed in the young prisoner or star class;
(iv) the short sentence class-which shall consist of convicted criminal prisoners sentenced to terms of imprisonment not exceeding three months;
(v) the women's class-which shall consist of convicted criminal women prisoners of any category.
(2)
So far as may be practicable prisoners in any class shall be sub-classified
according to their character and length of sentence.
Segregation of various classes of prisoners
70. Arrangements shall be
made at all prisons to provide, as far as practicable, for effectively
segregating the various classes and
sub-classes of prisoners from each other at
all times.
Removal of prisoners from various classes
71. The Controller may, in
his discretion, at any time remove from the young prisoner class a prisoner whom
he considers is unsuitable
by reason of his character for that class and may
place him in the star class or ordinary class. The officer in charge may, in his
discretion, remove from the star class to the ordinary class a prisoner whose
behaviour and character has shown him to be unfit to
associate with prisoners of
the star class.
Transfer of prisoners to different classes
72. The Controller may, on
the recommendation of the officer in charge, at any time transfer a prisoner
from the ordinary class to
the star class.
Each class may wear a distinguishing badge
73. The Controller may
require each class to wear a distinguishing badge or uniform.
PART VII-THE PROGRESSIVE STAGE SYSTEM
Establishment of stage system
74. All convicted criminal
prisoners at such prisons as the Minister by written instruction to the
Controller may direct shall serve
their sentences in accordance with the stage
system prescribed by these Regulations and shall be eligible to receive such
stage gratuities
as are prescribed in the Second
Schedule:
Provided that the
provisions of paragraph (a) of regulation 86, regulation 87 and paragraphs (2)
and (3) of regulation 88 shall apply
to all convicted criminal prisoners in
prisons to which the stage system has not been applied.
Length of sentence for stage system
75. For the purposes of
the stage system the length of a prisoner's sentence shall be deemed to be the
total of all consecutive or
overlapping sentences.
Promotions in stage
76. Promotions from one
stage to another and payment of stage gratuities shall depend upon good conduct,
application to work and length
of service in each stage.
First stage
77.-(1) A prisoner shall
be placed in the first stage on admission and shall remain therein for not less
than 3 months:
Provided that in
the case of prisoners already serving a sentence at the date of the application
of this Part to the prison in which
they are serving their sentences such
prisoners shall for the purpose of this paragraph be deemed to have been
admitted to such prison
on that
date.
(2) Subject to the
directions of the officer in charge, prisoners in the first stage shall be
employed at ordinary labour.
(3)
Prisoners in the first stage shall not be eligible to receive stage
gratuity.
(Substituted
by
Regulations
11th
April
1969*.)
*
See Legal Notice No. 75 of
1969.
Second stage
78.-(1) After serving 3
months in the first stage a prisoner shall be eligible to enter the second stage
but shall not be promoted
to the second stage until he has served in the first
stage for a period of not less than 3 months immediately preceding his promotion
without being found guilty of a prison
offence.
(2) Prisoners in the
second stage shall be employed, at such labour as may be directed and, subject
to good work and conduct, shall
be eligible to receive stag
gratuity.
Third stage
79.-(1) After serving 12
months in the second stage a prisoner shall be eligible to enter the third
stage, but shall not be promoted
to the third stage until he has served in the
second stage for a period of not less than 3 months immediately preceding his
promotion
without being found guilty of a prison
offence.
(2) Prisoners in the
third stage shall be employed at a trade or such other work as the officer in
charge may direct and, subject
to very good conduct and application to work,
shall be eligible to receive stage gratuity.
Special stage
80.-(1) After serving 15
months in the third stage a prisoner shall be eligible to enter the special
stage but promotion to the special
stage shall be granted only to specially
selected prisoners who merit such promotion by reason of their exemplary
behaviour and excellent
industry and output at
work.
(2) A prisoner in the
special stage shall be known as an Honour Prisoner and shall be employed at a
trade or such other work as the
officer in charge may direct and, subject to
excellent conduct and industry, shall be eligible to receive stage
gratuity.
(3) A prisoner in the
special stage whose conduct and work have been continuously excellent from the
time of his entering the third
stage and who has been in the special stage for
at least 2 years may, with the approval of the Minister on the recommendation of
the Controller, be discharged 7 days earlier than his normal date of
release.
(Amended
by
Order
7th
October
1970+.)
+See
Legal Notice No. 112 of 1970.
Expenditure of gratuity
81.-(1) A prisoner
entitled to stage gratuity may be permitted to spend up to half of his monthly
gratuity upon the purchase of tobacco
and such other goods as the Controller may
direct. The balance shall be placed to the credit of the
prisoner.
(2) The balance of stage
gratuity credited to a prisoner shall be paid to him on discharge or release by
the officer in charge and
both the officer in charge and the prisoner shall sign
their names in the prisoners' gratuities account book to certify the correctness
of the payment and its receipt by the prisoner.
Days in hospital or on punishment
82. No prisoner shall be
eligible to receive stage gratuity in respect of days spent in hospital or for
days spent in confinement
as a punishment for a prison offence.
Reduction in stage
83.-(1) As a punishment or
part of a punishment for a prison offence or for failure to maintain
satisfactory standards of work or
conduct, the Controller, supervisor or senior
officer may reduce a prisoner from the stage he is on to a lower
stage.
(2) A prisoner who has been
reduced to a lower stage shall not be entitled to re-enter his previous stage
and shall not be promoted
to any stage unless-
(a) in the case of reduction from the second or third stage he serves for at least 3 months in the lower stage without being found guilty of a prison offence; or
(b) in the case of a first reduction from the special stage he has served for a period of 6 months in the lower stage without being found guilty of a prison offence; or
(c) in the case of a second reduction from the special stage he has served for a period of 12 months in the lower stage without being found guilty of a prison offence.
(3)
In addition to or in lieu of reducing a prisoner to a lower stage the Controller
may order that a prisoner shall be deprived of
stage gratuity for a period not
exceeding 3 months. A supervisor or senior officer may order that a prisoner
shall be deprived of
stage gratuity for a period not exceeding 6
weeks.
Uniforms or badges for each stage
84. The Controller may
direct that prisoners in each stage shall wear a special uniform or
badge.
Prisoners on extramural punishment not eligible
85. A prisoner sentenced
to imprisonment for a period not exceeding 6 months who elects to serve his
sentence extramurally shall not
be eligible for inclusion in the progressive
stage system.
Stage privileges
86. Stage privileges shall
be accorded prisoners as follows:-
(a) prisoners in the first stage may-
(i) be allowed to have library books and exchange them as often as may be practicable; and
(ii) be allowed to attend such concerts, cinema shows, lectures and to receive such other privileges as the officer in charge may direct; and
(iii) write one letter every fortnight and receive such letters as the Controller or officer in charge may approve; and
(iv) receive a visit of 15 minutes duration once in every 4 weeks or to write a letter in lieu thereof;
(b) prisoners in the second stage may-
(i) be allowed to have library books and to exchange them as often as may be practicable; and
(ii) be allowed to attend concerts, cinema shows, lectures, school classes, and to receive such other privileges as the officer in charge may direct; and
(iii) write one letter every fortnight and receive such letters as the Controller or officer in charge may approve; and
(iv) receive a visit of not less than 15 minutes duration, or such other period as the Controller may direct, every 4 weeks or to write one letter in lieu thereof;
(c) prisoners in the third and special stages may:-
(i) be allowed to attend concerts, cinema shows, lectures, school classes, vocational training classes, handicraft classes and have musical instruments approved by the Controller for use during the period of evening recreation when outside their cells and shall also be permitted to participate in such other evening and weekend activities as may be arranged; and
(ii) be permitted to have approved means of recreation in their cells; and
(iii) be permitted to leave the prison under escort in order to take part in competitive games approved by the officer in charge; and
(iv) be allowed to have library books and to exchange them at any time the library is open; and
(v) be permitted to undertake educational correspondence courses approved by the Controller; and
(vi) in the case of prisoners in the third stage, be allowed to write one letter every 10 days and subject to the other provisions of these Regulations to receive letters without restriction;
(vii) be allowed to receive a visit of not less than 20 minutes duration, or such other period as the Controller may direct, every 3 weeks or to write one letter in lieu thereof;
(d) in addition to the privileges hereinbefore mentioned, prisoners in the special stage may:-
(i) be allowed to write one letter a week and subject to the other provisions of these Regulations, to receive letters without restriction; and
(ii) be allowed to receive a visit of not less than 30 minutes duration, or such other period as the Controller may direct, under minimum supervision or to write one letter in lieu thereof; and
(iii) if he has received no visit for a period of 12 months, be eligible for transfer to the prison nearest to his home there to be visited by his relatives and friends for a period of 7 days, or, alternatively, he shall be eligible to apply for an "indigent relatives" visit at the prison in which he is incarcerated; and
(iv) be permitted, whenever possible, to occupy separate dormitory accommodation specially furnished, or, where this is not practicable, their cells may be provided with special furniture and extra bedding; and
(v) be allowed to be unlocked from their cells or dormitory at midday and until one hour after all other prisoners have been locked up and similar facilities may be provided at week-ends; and
(vi) be permitted to move about the prison without escort and to lead other prisoners in small working parties within the confines of the prison.
Controller may direct further privileges
87. The Controller may
direct that prisoners in any stage shall be eligible to receive additional
privileges, including letters and
visits, but such prisoners may be liable to
forfeit such additional privileges as a punishment or part of a punishment for a
prison
offence, or for failure to maintain sufficiently high standards of
industry or conduct to justify their continuance.
Special promotion in stage
88.-(1) The Controller may
authorise the promotion of a prisoner to a higher stage or to the special stage
for any act or conduct
on the part of the prisoner concerned that is
particularly deserving of
reward.
(2) Prisoners in all
stages shall be eligible to receive suitable books and periodicals provided they
are donated to the prison library
after
perusal.
(3) The Controller may
permit prisoners in all stages to receive books or periodicals of an educational
nature and such other means
of recreation as may be approved.
PART VIII-LETTERS AND VISITS TO PRISONERS
Entitlement to letters and visits
89.-(1) All prisoners
shall be entitled to write and receive letters and to receive visits as provided
in these Regulations, subject
to such restrictions as may be necessary for the
maintenance of discipline and order in prisons and the prevention of
crime.
(2) Except as provided in
the Act or these Regulations, no visits to a prisoner shall be permitted without
the authority of the officer
in charge.
Letters on admission
90. Every prisoner shall
be allowed the privilege of writing one letter on his admission to prison which
letter shall be additional
to any other letters he is permitted to write under
the provisions of these Regulations.
Deferment of letters and visits
91.-(1) The sending and
receiving of letters and the receiving of letters by any prisoner may, at the
discretion of the officer in
charge, be deferred at any time in case of
misconduct on the part of the prisoner but the entitlement to send or receive
letters
shall not be subject to
forfeiture.
(2) When a prisoner
who becomes entitled to send or receive a letter or to receive a visit is at the
time of such entitlement undergoing
punishment or reduced diet or cellular or
solitary confinement, such letter or visit shall be deferred at the discretion
of the officer
in charge until such punishment has expired.
Special tellers and visits
92.-(1) The officer in
charge may allow any prisoner to write a special letter and receive a reply or
to receive a special visit in
any of the following
circumstances:-
(a) on the death or sudden illness of a near relative;
(b) business or family affairs of an urgent nature; or
(c) arrangements for obtaining employment or assistance from friends on release.
(2)
The officer in charge may at any time communicate to a prisoner, or to his
relatives or friends, any matter of importance to such
prisoner in case he
should not be entitled to write or receive a
letter.
(3) If a prisoner who is
seriously ill desires to be visited by any near relative or friend, the officer
in charge may, on the recommendation
of the medical officer, give permission for
such relative or friend to visit the prisoner.
Restriction and supervision of visits
93.-(1) No prisoner shall
be allowed more than 3 visitors at any one
time.
(2) All visits to prisoners
shall take place during such hours as the officer in charge may direct and shall
be in the sight and hearing
of a prison officer.
Communication with ex-prisoner
94. No communication shall
be allowed between an ex-prisoner and a prisoner except by authority of the
officer in charge.
Admission of visitors
95. The officer in charge
or any prison officer deputed by him for that purpose shall demand the name and
address of every visitor
to a prisoner and shall enter the same in a book
provided for that purpose and when such officer has any ground for suspicion he
may search such visitor or cause him to be
searched:
Provided
that-
(a) this search shall not be made in the presence of any prisoner or of any other visitor; and
(b) a female visitor shall only be searched by a woman prison officer;
and
should any such visitor refuse to permit himself to be searched he may be denied
admission to the prison and the grounds for such
denial and the particulars
thereof shall be entered in the said book.
Censorship of prisoners' letters
96.-(1) Every letter or
document written in a prison by or on behalf of a prisoner shall be delivered to
the officer in charge, or
to a prison officer deputed by him, who shall, before
the letter or document is removed from the prison, clearly endorse or cause
to
be endorsed thereon-
(a) the name of the prison;
(b) an indication to the effect that its removal from prison is authorised; and
(c) the signature or initials of the prison officer making the endorsement.
(2)
Subject to the provisions of paragraph
(f)
of regulation 121, the officer in charge or a prison officer deputed by him
shall read and carefully examine every letter to and
from a prisoner in his
custody.
(3) The officer in charge
may stop any letter or document if, in his opinion, the contents are
objectionable.
(4) When it is
found necessary to withhold any outgoing letter from a prisoner on account of
objectionable matter therein the prisoner
may, in the discretion of the officer
in charge, be given an opportunity of rewriting it, omitting the objectionable
matter.
(5) An inward letter
addressed to a prisoner containing matter which is considered objectionable may,
in the discretion of the officer
in charge, be returned to the writer with an
intimation that the letter may be resubmitted with the objectionable matter
omitted.
(6) The officer in charge
shall keep a register, to be known as the Withheld Letters Register, in which he
shall record any action
taken as regards the withholding of any letter or the
return of any letter to the writer for alteration or
rewriting.
(7) Communications to
the press shall not be forwarded except with the express permission in writing
of the Controller.
Visits by legal advisers
97. The officer in charge
shall permit a legal adviser of a prisoner who is a party to legal proceedings
to interview him in connection
with such proceedings in the sight but not in the
hearing of a prison officer.
Service of writs on prisoners
98. Any public officer
with a valid warrant, writ, order or other legal document to be served on a
prisoner shall be admitted to the
prison at any reasonable time for that
purpose.
Visits by police
99. A police officer may,
on production of an order in writing from a police officer not below the rank of
inspector, visit any prisoner
in the sight and hearing of a prison
officer.
(Amended
by
Regulations
17th
February
1975*.)
*
See Legal Notice No. 112 of
1970.
PART IX-PETITIONS AND COMPLAINTS
Petitions by prisoners
100.-(1) Any prisoner may
submit a petition through the officer in charge, but no prisoner shall be
permitted to submit a petition
regarding his conviction or sentence until the
expiration of the period within which such prisoner is legally entitled to
appeal
against such conviction or
sentence.
(2) Subject to the
provisions of paragraph (1), any prisoner may submit a petition through the
Controller to the Governor-General
regarding his conviction or sentence or on
any other matter at any
time:
Provided that no petition
shall be permitted if the reply to a previous petition made by such prisoner on
the same subject is still
outstanding.
(Amended
by
Order
7th
October
1970t.)
(3)
A prisoner may at any time submit a petition to the Controller in the respect of
any matter affecting his
imprisonment.
(4) The officer in
charge shall, without delay, forward to the Controller any petition submitted by
a prisoner.
(5) The officer in
charge shall enter into the Prisoner's Petition Book-
(a) the time and date a petition is received from a prisoner;
(b) the subject of the petition;
(c) the time and date the petition was forwarded to the Controller; and
(d) the time and date the reply to the petition is received and communicated to the prisoner.
Prisoners' complaints and applications
101.-(1) A prisoner may
make any complaint or application to a visiting justice, the visiting committee,
the Controller, the supervisor,
the officer in charge or the chief
officer.
(2) The officer in charge
shall ensure that any request made by a prisoner to see the Controller, the
supervisor, the visiting justice
or visiting committee is recorded by the
officer to whom it is made and that such request is conveyed without delay to
the officer
in charge who shall inform the Controller, the supervisor, the
visiting justice or visiting committee when such persons next visit
the prison
of such request.
(3) All
complaints and applications made by prisoners shall be heard or attended to by
the officer in charge every day except Sunday
or public holidays and the officer
in charge shall record in the prisoner's personal record and in a book to be
kept for the purpose
the action taken in each case.
PART X-EMPLOYMENT OF PRISONERS
Employment of convicted criminal prisoners
102.-(1) Every convicted
criminal prisoner shall work at such labour as may be directed by the officer in
charge in conformity with
the instructions of the Controller and with these
Regulations.
(2) The hours of work
of convicted criminal prisoners shall not, except with the express permission of
the Controller, exceed 9 hours
per
day.
(3) In no case shall heavy
work be accompanied with reduced diet.
Allocation of work to prisoners
103. The officer in
charge, in consultation with the reception board, shall assign to each convicted
criminal prisoner the type of
work to which he is best suited, consideration
being given to the necessity of affording each prisoner the best training which
his
sentence, his capacity and the resources of the prison allow, and to the
recommendations of the medical officer, if any.
Prisoners unfit for normal labour
104.-(1) A prisoner who is
certified as unfit for normal prison work by the medical officer shall not be
put to any form of work until
the medical officer has certified him fit for the
particular work to which it is intended to put
him.
(2) A prisoner who has been
certified by the medical officer as unfit for any type of work shall be
permitted to exercise for one
hour each day if he is fit enough to do
so.
Exercise for prisoners on sedentary work
105. Prisoners who are
employed on sedentary work, such as tailoring, or who are not employed in the
open air, shall be permitted
to exercise in the open air within the precincts of
the prison for one hour daily.
Type and record of prisoners' labour
106.-(1) The officer in
charge shall ensure that-
(a) all convicted criminal prisoners are properly and usefully employed;
(b) prisoners are not employed on work of a dangerous nature;
(c) a note of each type of work on which a prisoner is employed is entered in the prisoner's personal record.
(2)
At each prison a record of the daily work of the prisoners shall be kept in such
form as the Controller may direct.
Ratio of escort to working parties
107. The officer in charge
shall decide, with particular regard to security, the proportion of prison
officers to prisoners in working
parties of more than four prisoners where such
working parties are employed outside the precincts of the prison.
Civil and unconvicted prisoners who volunteer for work
108. Civil prisoners and
unconvicted criminal prisoners who consent to work shall be employed at such
work as may be appointed by
the officer in charge in conformity with the
directions of the Controller and with these Regulations at such hours as the
Controller
may direct.
Work on holidays
109.-(1) No prisoner shall
be required to do any work on a Sunday or a public holiday except such work as
may be necessary for keeping
the prison premises clean and for cooking
rations:
Provided that the
Controller may, in his discretion, direct prisoners to perform work of an urgent
nature at any time.
(2) The
officer in charge shall ensure that on public holidays properly organised
recreation and exercise are arranged for the prisoners.
Employment of prisoners as servants prohibited
110. No prisoner shall be
employed-
(a) in the service of any other prisoner; or
(b) in the service of any prison officer; or
(c) for the private benefit of any person:
Provided
that prisoners may be employed on the maintenance of official residences and
gardens under the supervision of prison officers.
Prisoners not to be used in disciplinary capacity
111. No prisoner shall be
employed on any service in connection with the discipline or management of the
prison except in accordance
with these Regulations or by special permission of
the Controller.
PART XI-ESCAPES, PROHIBITED ARTICLES AND AREAS
Duty of prison officers to prevent escape of prisoners
112. It shall be the duty
of all prison officers at all times to prevent the escape of prisoners and, for
the purpose of giving effect
to this Regulation, no ladders, planks, tools,
ropes, chains, or implements of any kind likely to facilitate the escape of
prisoners
shall be left unsecured in a prison.
Action in the event of escape of prisoner
113.-(1) Upon receiving a
report of an escape of a prisoner, the officer in charge shall at
once:-
(a) order the prison and its neighbourhood to be searched;
(b) notify the escape and the prisoner's particulars and description to the officer in charge of police of the nearest police station; and
(c) notify the Controller.
(2)
The officer in charge shall as soon as may be practicable after receiving a
report of an escape of a prisoner hold an enquiry
about such escape and shall
submit a full report to the Controller.
Period at large not to count towards sentence
114. The period during
which an escaped prisoner is at large shall not be counted as part of the
sentence he was undergoing at the
time of his escape.
Potential escapees
115.-(1) Prisoners, who
during a previous detention in lawful custody have escaped or attempted to
escape, will be considered and
treated as potential security risks unless
exempted personally by the officer in charge for any
reason.
(2) Such prisoners shall
be required to wear a distinctive marking on their clothing.
Power to offer rewards
116. The Controller may
offer rewards for the recapture of escaped prisoners:
Provided that no reward
exceeding $20 in any instance shall be offered without the approval of the
Minister.
Prohibited articles
117.-(1) No prisoner
shall, save as is provided in the Act and these Regulations, have in his
possession money, food, clothing, liquor,
tobacco, cigarettes, letters, papers,
books, stupefying drink, drugs or any other prohibited
article.
(2) Any article found in
the possession of a prisoner which has not been issued to him by a prison
officer acting in the course of
his duty or which such prisoner is authorised by
any of the provisions of these Regulations to have in his possession shall be
deemed
to be a prohibited
article.
(3) Any prohibited
article whatsoever found in the possession of a prisoner shall be confiscated by
the officer in charge and disposed
of in such manner as the Controller may
direct.
Gaming in prison
118. No gaming nor any
dice, cards or other instruments of gaming shall be permitted in any
prison.
PART XII-CIVIL AND UNCONVICTED CRIMINAL PRISONERS
Civil and unconvicted prisoners to be segregated
119. So far as is
practicable civil or unconvicted criminal prisoners shall be segregated from
convicted criminal prisoners.
Treatment of civil prisoners
120. The following
provisions shall apply to every civil prisoner:-
(a) he may, if he so elects, wear his own clothes, if the same be sufficient and decent;
(b) he shall not be compelled to have his hair cut or to shave unless the medical officer certifies that this is necessary;
(c) he may purchase or receive from private sources at such times and places as the Controller may direct, food, clothing and bedding:
Provided that-
(i) no alcoholic liquor shall be included in any of the articles purchased or received under the provisions of this paragraph;
(ii) if he does not entirely maintain or clothe himself or provide his own bedding he shall not be permitted to do so in part and shall, in such respect, receive the food, clothing or bedding as the case may be, of a convicted criminal prisoner;
(d) he may exercise daily during such periods as the circumstances of the prison may allow;
(e) he may be given work at his request and may be employed outside his cell or ward;
(f) he shall be permitted to receive letters whenever he desires to do so and to write one letter in each week;
(g) he shall be permitted to receive a visit of half an hour's duration once a week in the sight and hearing of a prison officer and shall be allowed to see his legal adviser on any day at any hour between 7.00 a.m. and 7.00 p.m. which visits shall take place in the sight but not in the hearing of a prison officer:
Provided
that the officer in charge shall afford all reasonable facilities for enabling
such prisoner to make such payments as will
facilitate his lawful release from
prison.
Treatment of unconvicted criminal prisoners
121. The following
provisions shall apply to every unconvicted criminal prisoner:-
(a) his clothes and other effects may be taken from him if necessary for the purpose of evidence connected with his prosecution or otherwise for the purposes of justice and if not required for such purpose he may wear his own clothes if they are sufficient and decent;
(b) he may purchase or receive from private sources, at such times and places as the Controller may direct, food, clothing and bedding:
Provided that-
(i) no alcoholic liquor shall be included in any of the articles purchased or received under the provisions of this paragraph;
(ii) if he does not entirely maintain or clothe himself or provide his own bedding he shall not be permitted to do so in part and shall, in such respect, receive the food, clothing or bedding as the case may be, of a convicted criminal prisoner;
(c) he may exercise daily during such periods as the circumstances of the prison may allow;
(d) he may be given work at his request and may be employed outside his cell or ward;
(e) he shall be permitted to receive visits from his friends and relatives in the sight and hearing of a prison officer between the hours of 11.00 a.m. and 4.00 p.m. on any day except Sundays and public holidays and shall be allowed to see his legal adviser or any registered medical practitioner, if necessary for the purpose of his defence, on any day at any hour between 7.00 a.m. and 7.00 p.m. which visits shall take place in the sight but not in the hearing of a prison officer; and
(f) he may receive and write letters whenever he desires to do so and all such letters, except such as may be passed between such prisoner and his legal adviser, shall be read and initialled by the officer in charge.
Maintenance of judgment debtors
122.-(1) The amount of
money to be paid for the maintenance of a judgment debtor shall be calculated in
accordance with daily rates
to be prescribed by the Minister and shall be paid
in advance.
(2) The officer in
charge shall not admit to his prison any person as a judgment debtor unless he
has received from the judgment creditor
or a bailiff of the court, payment of
the cost of maintenance.
(3) For
the purpose of payment for maintenance of a judgment debtor under this
regulation, a period of detention of a judgment debtor
shall be treated as
commencing at 12 noon on the day of his admission to
prison.
(4) The officer in charge
shall discharge a judgment debtor immediately-
(a) upon payment of the debt and costs mentioned in the prisoner's warrant of commitment; or
(b) upon the receipt from the judgment creditor of his written consent to the discharge; or
(c) upon a written order of the court which committed him to prison.
PART XIII-DISCIPLINE OF PRISONERS
Prison offences
123. Any prisoner who
commits any of the following offences shall be guilty of a prison offence for
the purposes of section 82 of
the Act:-
(1) mutinies or incites any other prisoner to mutiny;
(2) does gross personal violence to any prison officer or to any prisoner;
(3) escapes, conspires with a person to procure the escape of a prisoner, or assists another prisoner to escape from the prison in which he is detained or from any other lawful custody;
(4) possesses any instrument or other thing with intent to procure his own escape or that of another prisoner;
(5) omits or refuses to help any prison officer to prevent an escape, an attempted escape or an attack upon that officer or upon another prisoner;
(6) commits any assault or act of violence;
(7) quarrels with any other prisoner;
(8) makes repeated and groundless complaints or malingers or wilfully injures himself;
(9) holds any communication, whether in writing, by word of mouth or otherwise, with any other prisoner in disobedience of any regulation or order;
(10) does any act calculated to create any unnecessary alarm among prisoners or prison officers;
(11) omits or refuses to wear the clothing issued to him or exchanges, loses, discards, damages, alters or defaces any part of it;
(12) commits any nuisance in any part of the prison;
(13) disobeys any lawful order of a prison officer or any regulation or order made under the Act;
(14) treats with disrespect any prison officer or any person authorised to visit the prison, or any employed in connection with the prison;
(15) is idle, careless, negligent at work or refuses to work;
(16) leaves his cell or ward or place of work or other appointed place, without permission;
(17) receives or has in his possession any prohibited article or attempts to obtain such article;
(18) disfigures, damages, steals or interferes with any part or fitting of the prison or any property which is not his own;
(19) behaves in an immoral, disorderly or indecent manner;
(20) uses any abusive, threatening, insolent, indecent or other improper language;
(21) makes any false accusations against any prison officer or other prisoner;
(22) commits any act of gross misconduct or insubordination;
(23) attempts to commit, or aids or abets the commission of, any of the offences aforementioned;
(24) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline.
Offences by extramural prisoners
124. Any person undergoing
extramural punishment who commits any of the following offences shall be guilty
of an extramural offence
for the purposes of section 85 of the
Act:-
(1) quarrels during work with any other person undergoing extramural punishment;
(2) disobeys any lawful order;
(3) during work commits any assault or act of violence on any person;
(4) treats with disrespect any person under whose supervision he is placed;
(5) is idle, careless or negligent at work or refuses to work;
(6) obstructs any person under whose supervision he is placed in the execution of his duty;
(7) absents himself or leaves his place of work or other appointed place without permission;
(8) during work, is indecent in language, act or gesture;
(9) sells, barters or improperly disposes of any rations lawfully issued to him;
(10) in connection with his work, wilfully disfigures or damages any property which is not his own;
(11) mutinies or incites other persons to mutiny, or creates a disturbance;
(12) malingers or wilfully injures himself;
(13) in any way commits any other act or makes any omission to the prejudice of good order or discipline.
Procedure at trials for prison offences and extramural offences
125. The following
procedure shall apply to all proceedings heard by any tribunal under the
provisions of sections 82 or 85 of the
Act:-
(a) the prisoner or person undergoing extramural punishment charged with a prison offence or an extramural offence, as the case may be (hereinafter referred to as the "defendant"), shall be supplied with a copy of the charge prior to the hearing;
(b) no documentary evidence shall be used in any such proceedings unless the defendant has been given access thereto prior to the hearing;
(c) the evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the defendant;
(d) the evidence given at the proceedings need not be taken down in full, but the substance and material points thereof shall be recorded in writing and read over to the defendant;
(e) the defendant shall have the right to cross-examine each witness giving evidence against him and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness;
(f) the defendant shall be asked if he desires to give evidence in his own defence and to call witnesses, and if he does so desire shall be given a reasonable opportunity to do so.
Offences by prisoners to be dealt with promptly
126. Every offence against
prison discipline committed by a prisoner which comes to the notice of a prison
officer shall be reported
to the officer in charge who shall investigate such
report not later than the following day unless that day be a Sunday or public
holiday.
Record of punishments
127. The officer in charge
shall-
(a) enter in the prison offence register a record of every prisoner punished under the provisions of the Act or these Regulations showing the date, the name of the prisoner, the nature of the offence and punishment and the authority dealing with the case;
(b) enter in the prisoner's personal record details of the offence and punishment awarded.
Medical examination of certain prisoners
128.-(1) Every prisoner
sentenced to reduced diet as a punishment for a prison offence shall, before
undergoing such punishment, be
examined by the medical officer who shall certify
the prisoner's fitness to undergo such
punishment.
(2) A prisoner shall
not be made to undergo a punishment of reduced diet within a period of 24 hours
immediately preceding the day
of his discharge nor, if circumstances permit, on
the day preceding his appearance before a
court.
(3) Every prisoner who is
sentenced to solitary confinement, cellular confinement or reduced diet shall be
visited at least once a
day by the officer in charge and as often as is
practicable by the medical officer.
Certain prisoners may be deprived of privileges
129.-(1) When a prisoner
is placed in solitary confinement as a punishment for a prison offence or is
confined while awaiting the
hearing of a charge against him for a prison
offence, the bedding, accessories and clothing which he is not wearing at the
time and
all the cell equipment, other than the latrine equipment, may be
removed from his cell.
(2) A
prisoner in solitary confinement may be exercised for one hour each day and
during such exercise period may be required to bathe
himself.
(3) A prisoner in
solitary confinement may be supplied with a book of a religious
nature.
Visitors to prisoners in solitary confinement
130. The officer in charge
shall ensure that every prisoner placed in solitary confinement
shall-
(a) be visited by the chief officer not less than twice a day;
(b) be visited by a prison officer, other than the chief officer, at intervals of not less than one hour.
Periods in solitary confinement
131.-(1) No prisoner shall
be sentenced to solitary confinement for an aggregate of more than 90 days in
one year.
(2) In any cases where a
prisoner is sentenced to 2 periods of solitary confinement, the 2 sentences
shall be separated by a period
not less than the longer of the 2
sentences.
Forfeiture of remission
132. No prisoner shall be
ordered to forfeit as a punishment more remission than he has earned at the date
the punishment is awarded.
Prisoners may be segregated at work
133.-(1) Whenever it
appears to the officer in charge that it is desirable for the good order and
discipline of the prison or in the
interests of a convicted criminal prisoner
that he should not be employed in association with other prisoners the officer
in charge
may order the segregation of that
prisoner.
(2) The officer in
charge may arrange for a convicted criminal prisoner ordered to work in
segregation to be employed in association
again whenever he considers this
desirable and shall so arrange at the expiration of one month unless further
authority for him to
be kept segregated is given from month to month by the
Controller.
Prevention of injury when corporal punishment inflicted
134. The medical officer
shall, at the infliction of corporal punishment on a prisoner, give such
instructions as may be necessary
for preventing injury to the health of the
prisoner and the officer in charge shall carry such directions into
effect.
Type of cane and corporal punishment
135.-(1) Corporal
punishment shall be carried out with an instrument of a size and pattern
approved by the Minister under the provisions
of subsection (12) of section 34
of the Penal
Code.
(Cap.
17.)
(2)
The manner in which corporal punishment shall be inflicted shall be as
follows:-
(a) a blanket or similar form of protection shall be placed across the small of the prisoner's back above the buttocks;
(b) a small square of thin calico shall be dipped in water, wrung out and tied over the prisoner's buttocks;
(c) strokes shall be administered from one side upon the buttocks of the prisoner and the arm shall not be raised above the shoulder.
(3)
No corporal punishment shall be inflicted on a prisoner in the presence of
another prisoner or prisoners.
Corporal punishment book
136. The officer in charge
shall enter in the corporal punishment book the date and hour at which the
punishment was inflicted, the
number of strokes inflicted and any orders which
the medical officer may have given as to remission of the
punishment.
Use of mechanical restraints
137.-(1) No prisoner shall
be placed in handcuffs or other mechanical restraint as a
punishment.
(2) A prisoner shall
be placed in mechanical restraint only if it is necessary to prevent him doing
injury to himself or to another
person or as a temporary means of preventing
escape.
(3) No prisoner shall be
kept under mechanical restraint for longer than 12 hours unless the medical
officer has certified that such
restraint will not injure his
health.
(4) No means of mechanical
restraint shall be used which have not been approved by the
Controller.
Records of prisoners under mechanical restraint
138.-(1) The officer in
charge shall enter in the Occurrence Book the name of every prisoner placed
under mechanical restraint with
the date and hour of such restraint being
applied and removed and of any change in the type of restraint applied or in the
manner
of application.
(2)
Prisoners undergoing medical treatment may only be restrained in such manner as
the medical officer may direct and a report of
each such case shall be made by
the medical officer in his journal.
PART XIV-REMISSION OF SENTENCES
Calculation of sentences for remission
139.-(1) Where one term of
imprisonment is consecutive to another term such terms shall be treated as one
term for the purposes of
remission.
(2) Where one sentence
is partly concurrent with, but overlaps an earlier sentence, the later sentence
shall be added to the period
of the earlier sentence actually served when the
later commenced and remission shall be calculated on the total
period.
(3) Where a court orders a
fresh sentence "to commence at the expiration of the sentence the prisoner is
now serving" or other words
to the like effect, the order of the court shall be
interpreted literally.
(4) Where a
prisoner is sentenced to two or more terms on different counts, such sentences
shall be consecutive unless the court shall
otherwise
order.
(5) Where a convicted
criminal prisoner is sentenced to several terms of imprisonment on several
warrants at the same time, or is
sentenced to a further term or terms of
imprisonment before the expiration of his original sentence, his several
sentences on all
the warrants shall be consecutive unless otherwise ordered by
the court and the aggregate term shall run from the date of the first
warrant.
Operation of remission of sentences to be explained
140. The operation of the
remission of sentences shall be explained to every convicted criminal prisoner
on admission and when, for
any reason, remission due to a prisoner is forfeited
the officer in charge shall ensure that the prisoner is made fully aware of
such
forfeiture.
Record of remission to be kept
141.-(1) Any remission of
sentence due to a convicted criminal prisoner shall be computed upon the
prisoner's admission to prison
and thereafter as may be
necessary.
(2) The earliest
possible date of discharge and the latest possible date of discharge shall be
recorded and initialled by the officer
in charge-
(a) in the prisoner's personal record;
(b) in the discharge diary; and
(c) in the prisoner's warrant;
and
such dates shall be amended by the officer in charge from time to time as may be
necessary.
Prisoners transferred to a mental hospital
142.-(1) Subject to the
provisions of paragraph (2), a convicted criminal prisoner who is transferred to
a hospital or mental hospital
shall be entitled to remission of a
sentence.
(2) A prisoner shall
lose remission of sentence as a result of its forfeiture as a punishment for a
prison offence and shall not earn
remission in respect of any
period-
(a) spent in hospital through his own fault or while malingering; or
(b) while undergoing solitary confinement or cellular confinement as punishment.
(3)
The period of remission, calculated in days, to which a prisoner shall not be
entitled under the provisions of paragraph (2) shall
be one-third of the number
of days spent by the prisoner in hospital or solitary confinement or cellular
confinement.
Date of release with remission
143. A convicted criminal
prisoner who is entitled to remission of sentence under the Act or these
Regulations shall be discharged
on the day he has completed his sentence less
remission earned.
PART XV-COMPULSORY SUPERVISION ORDERS
Interpretation
144. In this
Part-
"holder" means a person in respect of whom a compulsory supervision order has been made;
"order" means a compulsory supervision order.
Form of compulsory supervision order
145. An order shall be in
the form set out in the Third Schedule.
Compulsory supervision orders
146.-(1) Upon the
discharge of a holder from prison, the officer in charge shall explain to him
the conditions contained in the compulsory
supervision
order.
(2) A holder shall
acknowledge that he has been informed of the conditions contained in the order
by affixing his signature in the
presence of the officer in charge beneath the
statement to that effect at the foot of the
order.
(3) An order shall be in
quadruplicate and-
(a) the original shall be issued to the holder;
(b) the duplicate shall be forwarded to the person named in the order as being responsible for the supervision of the holder; and
(c) the triplicate shall be forwarded to the Commissioner of Police;
(d) the quadruplicate shall be retained by the Controller.
(4)
The conditions contained in a compulsory supervision order may be amended at any
time and in any case by the Minister in which
event notice of the amendment made
shall be immediately communicated to the holder, the person responsible for the
supervision of
the holder and the Commissioner of
Police.
(Substituted
by
Regulations
26th
October
1976*.)
*
See Legal Notice No. 140 of
1976.
Report on failure to comply with conditions
147. The person named in
the order as being responsible for the supervision of the holder, shall notify
the Controller immediately
it comes to his knowledge that the holder has failed
to comply with any conditions of the order.
Particulars to be provided to Controller
148. In every case where a
prisoner is serving a sentence of or exceeding 3 years, having been sentenced to
a term of imprisonment
on not less than 2 previous occasions, the officer in
charge shall forward particulars of the prisoner to the Controller 3 months
before the earliest possible date of release of such prisoner.
PART XVI-PRISONERS UNDER SENTENCE OF DEATH
Statement of prisoner under sentence of death
149. If any prisoner under
sentence of death wishes to make a statement, whether by way of petition to the
Governor-General or otherwise,
he shall be permitted to do so and every such
statement shall be made, taken down in writing and read over to the prisoner in
the
presence of the officer in charge and shall be signed by the prisoner and by
the officer in charge who shall forthwith forward such
statement to the
Controller for transmission to the
Governor-General.
(Amended
by
Order
7th
October
1970*.)
Date of execution
150. When sentence of
death has been passed and the Governor-General after consulting the Commission
on the Prerogative of Mercy,
orders that the law shall take its course, subject
to the special directions of the Governor-General the date on which such
sentence
shall be carried out shall be the fourteenth day after such meeting of
the aforesaid
Commission.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of 1970.
Place and manner of execution
151. Execution of
sentences of death shall be carried out at such place and in such manner as the
Governor-General may
direct.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of 1970.
Burial or cremation of executed prisoners
152. The body of every
executed prisoner shall at the discretion of the Minister be buried or cremated
in such place and in such a
manner as the Minister may direct.
Transfer of condemned prisoner
153.-(1) The Controller
shall cause a prisoner under sentence of death to be transferred immediately
under sufficient escort to the
prison where the sentence of death is to be
carried out unless such prisoner is already in such
prison.
(2) The officer in charge
shall report the admission of a prisoner under sentence of death who has been
transferred in the terms of
paragraph (1) to the Controller staling the date of
the sentence, the court imposing the sentence and the offence.
Search of condemned prisoners
154.-(1) Every prisoner
under sentence of death shall be thoroughly searched and all prohibited articles
found on him shall be removed
as soon as may be after his sentence has been
delivered.
(2) The officer in charge
shall cause a prisoner under sentence of death to be searched twice daily by a
responsible prison officer
and shall take every possible precaution to ensure
that he does not obtain any article with which he may do himself harm or
injury.
Searching of cell
155.-(1) The cell which is
allocated to a prisoner under sentence of death shall be examined and searched
before it is occupied by
such prisoner and subsequently on every occasion when
he leaves the cell and before he re-occupies
it.
(2) The cell in which a
prisoner sentenced to death is confined shall not be unlocked save in the
presence of at least two prison
officers and it shall be thoroughly examined and
searched daily while occupied by the prisoner.
Information to condemned prisoner regarding appeal
156. The officer in charge
shall inform every prisoner under sentence of death of his right of appeal and
shall arrange for him to
see a Minister of religion if the prisoner so
desires.
PART
XVII-VISITING JUSTICES, VISITING
COMMITTEES
AND
OFFICIAL VISITORS
Duties of visiting justice
157.-(1) On the occasion
of each visit to a prison in accordance with the provisions of section 44 of the
Act, the visiting justice
shall-
(a) hear and inquire into every complaint which any prisoner makes to him;
(b) pay special attention to prisoners in hospital and solitary confinement;
(c) attend to all reports received by him as to the mind or body of any prisoner being likely to be injured by disciplinary treatment and shall communicate his opinion to the Controller;
(d) ensure that any abuses in connection with any prison which come to his knowledge are brought to the notice of the Controller;
(e) furnish such information with respect to any abuses or offences reported to him as may, from time to time be requested by the Minister;
(f) makes inquiry into any matter especially referred to him by the Minister;
(g) discharge such other duties as are required of him under the provisions of the Act or these Regulations or are assigned to him by the Minister.
(Amended
by
Order
7th
October
1970*.)
*
See Legal Notice No. 112 of
1970.
(2) On completion of each
visit to the prison the visiting justice shall enter in the Visiting Justice's
Book such remarks, suggestions
or recommendations for the information of the
officer in charge as he may deem fit.
Powers of visiting justice
158. The visiting justice
may visit the prison at any time and may-
(a) call for all books, papers and records relating to the management and discipline of the prison;
(b) visit every ward, yard and cell, and see every prisoner in confinement;
(c) inspect and test the quality and quantity of prisoners' food and drink;
(d) ascertain so far as is possible that the provisions of the Act and of these Regulations are adhered to;
(e) if requested by the Controller or supervisor, exercise any of the powers conferred on him by sections 83 and 85 of the Act;
(f) inquire into any complaint or request made by a prisoner;
(g) inquire into the state of the prison buildings and report to the Controller with respect to any repairs or additions which may appear to him to be necessary.
Powers and duties of official visitors
159.-(1) Every official
visitor may visit every prison to which he is appointed at any time between the
hours of 9.00 a.m. and 4.00
p.m. on any day, or, if so requested by the
supervisor, at any other time, and during the course of any such visit
may-
(a) visit all parts of such prison and see every prisoner in confinement, except that women official visitors may visit only those parts of such prison set aside for the detention of female prisoners;
(b) inspect and test the quality and quantity of prisoners' food and drink;
(c) ascertain, as far as possible, that the provisions of the Act and of these Regulations are adhered to;
(d) inquire into any complaint or request made by a prisoner;
(e) assist the Controller with advice and suggestions as to the industrial employment of prisoners, with particular relation to their employment after discharge.
(2)
On completion of each such visit, every official visitor shall enter in the
Official Visitors' Book such remarks, suggestions
or recommendations for the
information of the officer in charge as he may deem fit.
Visiting committee to visit prison at least once in every three months
160.-(1) No fewer than 3
members of the visiting committee shall together, once at least in every 3
months visit the prison and-
(a) ascertain, as far as is possible, that the provisions of the Act and of these Regulations are adhered to;
(b) inquire into any complaint or request made by any prisoner;
(c) make inquiry into any matter especially referred to the Committee by the Minister, the Controller, or the visiting justice.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2)
On completion of each such visit, the chairman shall enter in the Official
Visitors' Book, such remarks, suggestions or recommendations
for the information
of the officer in charge as the committee may deem fit.
Copy of remarks by visiting justice to be forwarded to Controller
161.-(1) A copy of the
visiting justice's remarks, together with any comments by the officer in charge
shall be forwarded to the Controller
immediately after the inspection by the
visiting justice has taken
place.
(2) A copy of the official
visitor's and visiting committee's remarks together with any comments by the
officer in charge shall be
forwarded to the Controller immediately after an
inspection has taken place.
PART
XVIII-MINISTERS OF RELIGION
AND
PRISONERS AID
SOCIETIES
Religious denominations
162.-(1) Every convicted
criminal prisoner shall be required on admission to prison to state his religion
or denomination, if any,
and every such prisoner shall, subject to the
provisions of paragraph (2), be treated as a member of such religion or
denomination
during his whole term of
imprisonment.
(2) No prisoner
shall be allowed to change his religion or denomination unless the officer in
charge, in consultation with the minister
of the religion or denomination to
which the prisoner belongs, is satisfied that such change is proposed from
conscientious motives
and that it is not sought from any idle whim or caprice or
from a desire to escape from prison discipline.
Ministers of religion may visit prisoners
163.-(1) Ministers of
religion or other accredited representatives of any religious body whose visits
are approved by the Controller
may at such hours and in such place as may be
prescribed or as the officer in charge may permit-
(a) be admitted to the prison to visit prisoners who may be desirous of their services; and
(b) be permitted to hold religious services.
(2)
Where such arrangement can be conveniently made a suitable room or part of a
building in the prison shall be set apart for use
in religious
worship.
Supply of religious books
164.-(1) There shall, so
far as is practicable, be available for the use of prisoners such books of a
religious nature as the Controller
may
direct.
(2) Prisoners shall be
permitted to retain in their possession articles and publications of a religious
nature approved by the officer
in charge.
Visits of probation officers, etc.
165. A welfare officer or
other officer of the Social Development and Welfare Department or a
representative of a prisoners aid society
approved by the Controller may be
admitted to a prison at such times as the officer in charge may permit and may
be permitted to
interview any prisoner in the sight and hearing of a prison
officer.
PART XIX-EXTRAMURAL PUNISHMENT
Duties of supervisors of extramural punishment
166.-(1) Every person
appointed by a supervisor to supervise offenders released to extramural
punishment shall maintain a record of
such
offenders.
(2) The record referred
to in paragraph (1) shall contain the following particulars in respect of every
offender so employed:-
(a) his name and address;
(b) his place of birth or origin;
(c) the length of his sentence;
(d) the date of commencement of his sentence;
(e) the date he is due for release, with remission, if any;
(f) the work to which he has been directed; and
(g) the standard of his work and conduct.
Medical examination of sick offenders
167. If any person
released to extramural punishment becomes sick the person appointed to supervise
the extramural punishment shall
arrange for him to be medically examined by any
Government medical officer.
PART XX-MISCELLANEOUS
Medical
certificate
for
removal
of
a
prisoner
to
mental
hospital
and
for
detention
therein
168. Every certificate by
a medical officer or by the Superintendent of a Mental Hospital for the removal
of a prisoner to, or the
continued detention of a prisoner in, a mental hospital
under the provisions of section 56 of the Act shall be in such of the forms
prescribed in the Fourth Schedule as are applicable to the circumstances of the
case.
Order for removal of prisoner to mental hospital and for detention therein
169. Every order for the
removal of a prisoner to, or the continued detention of a prisoner in, a mental
hospital made under the provisions
of section 56 of the Act shall be in such of
the forms prescribed in the Fifth Schedule as are applicable to the
circumstances of
the case.
Reports on prisoners
170. Every report on a
prisoner submitted in accordance with section
64
of the Act shall be in such form as may from time to time be determined by the
Minister
_______
FIRST
SCHEDULE
(Regulation
61)
_______
DIETARY SCALES
SCALE A
Morning- oz.
Bread............................................. 12
Margarine...................................... ½
Dhall.............................................. 1
Sugar.............................................. 1
Powdered Skim Milk..................... ½
Mid-day-
Bread.............................................. 12
Margarine....................................... ½
Sugar................................................ 1
Powdered Skim Milk..................... ½
Fruit (thrice weekly)....................... 4
Evening-
Mutton................................................. 4
or Stewing Beef................................... 3
or Tinned Fish...................................... 3
or Fresh Fish........................................ 4
Potatoes.............................................. 20
or Native Vegetables.......................... 20
Green Vegetables................................. 4
Other Vegetables.................................. 2
Onion.................................................. ½
Dripping............................................... 1
or Cooking Oil..................................... 1
Flour.................................................. 1
Curry Powder (thrice weekly)........... ¼
Daily Use-
Tea................................................. ¼
Salt................................................. ½
Reduced
diet to consist of 1 lb. bread, baked, and water as required each
day.
All weights specified above shall
be uncooked weight unless otherwise specified.
SCALE B
Morning- oz.
Bread..................................... 4
Margarine.............................. ¼
Rice....................................... 6
Dhall..................................... 1
Sugar..................................... 1
Powdered Skim Milk.............. ½
Mid-day- oz.
Bread........................................... 12
Margarine..................................... ½
Sugar............................................. 1
Powdered Skim Milk................... ½
Fruit (thrice weekly)..................... 4
Evening-
Sharps............................................. 6
Mutton............................................ 4
or Tinned Fish................................ 3
or Fresh Fish................................... 4
or Dhall (if vegetarian)................... 2
Potatoes.......................................... 4
or Native Vegetables...................... 4
Green Vegetables............................ 4
Other Vegetables............................. 2
Onion or Tamarind ........................ ¾
Curry Powder.................................. ½
Vegetable Ghee............................... ½
Cooking Oil...................................... 1
Daily Use-
Tea................................................ ¼
Salt................................................ ½
Reduced
diet to consist of 1 lb. rice, cooked, and water as required each
day.
All weights specified above to be
uncooked weight unless otherwise specified.
SCALE C
Morning-
Bread....................
Margarine..............
Native
Vegetables....
or
Rice......................
Dhall....................
Sugar....................
Powdered
Skim
Milk
Mid-day-
Bread....................
Margarine..............
Sugar....................
Powdered
Skim Milk
Fruit (thrice
weekly).
Evening-
Mutton.........................................
or
Stewing
Beef...........................
or
Tinned
Fish..............................
or
Fresh
Fish.................................
Native
Vegetables.........................
Green
Vegetables..........................
Other
Vegetables..........................
Onion............................................
Dripping.......................................
or
Cooking
Oil..............................
Flour..............................................
Curry
Powder (thrice
weekly).......
Daily
Use
Tea.................................................
Salt.................................................
Reduced
diet to consist of 1 lb. rice, cooked, and water as required each
day.
All weights specified above to be
uncooked weight unless otherwise specified.
__________________________
SECOND
SCHEDULE
(Regulation
74)
STAGE GRATUITIES
In accordance with Part
VII of these Regulations, convicted criminal prisoners shall be eligible to
receive stage gratuities as follows:-
First Stage prisoners........................... Nil
Second Stage prisoners........................ 30c per month
Third Stage prisoners.......................... 40c per month
Special Stage prisoners........................ 60c per month
__________________________
THIRD
SCHEDULE
(Regulation
145)
(Amended
by
Order
7th
October
19701-.)
COMPULSORY
SUPERVISION
ORDER
ORDER No. OF
19
Granted under the
provisions of the Prisons Act to
Prisoner:
"No. ................
Father's name (Indians
only)................Name.........................
t
convicted at ............ on the................ day of................
19.......... of the offence
of...............................................................................................
and
sentenced
to......................................................................................
On
the directions of the Minister and* by virtue of the powers conferred upon me by
section 65 of the Prisons Act, I hereby order and direct that
.......................
a prisoner
at present undergoing a sentence of
..........................................
Prison
for the offence of
....................................................................
in
the
...........................................................................................
be
placed under compulsory supervision for a period of
................................
years*..............
months' on his release on the ................day of.................
19........
And this shall be full
and sufficient authority for the said............................. to remain
under compulsory supervision subject
to the conditions set out hereunder, and to
the provisions of the aforesaid
Act.
Given under my hand
this................day of ............................ 19 ..
Controller of Prisons
t[See
Legal Notice No. 112 of 197C
*
Delete
where
appropriate
Age:
Colour:
Height
Identification Mark;
Build (i.e. stout, medium, slender
Race
Trade
or profession
Normal place of
residence
Where
born
Father's name
PHOTO
Front
Face
FINGER
IMPRESSIONS
RIGHT
HAND
This compulsory supervision
order expires on................. and should then be returned to the Controller
of Prisons, Suva. The
prisoner has expressed the intention of residing at
..............................................................................
Officer in Charge H.M. Prison
______________________
FOURTH
SCHEDULE
(Regulation
168)
(FORM 1)
MEDICAL
CERTIFICATE FOR REMOVAL OF PRISONER OF
UNSOUND
MIND TO
MENTAL HOSPITAL
To the officer in charge
of................................................................
prison.
I, the undersigned, being
the medical officer for.................... prison, hereby certify that I on
the..................... day
of................. 19......... at the said prison
personally
examined.................................................................................
a prisoner in the said prison and that the
said.................................................. is in my opinion a person
of unsound
mind and that it is necessary (or expedient) that he should be
removed to a mental hospital and there detained under care and treatment,
and
that I have formed this opinion on the following
grounds:-
1. Facts indicating
unsoundness of mind observed by
myself.
(Here
state
the
facts)
2.
Other facts, if any, indicating unsoundness of mind which were communicated to
me by
others.
(Here
state
the
information
and
from
whom
received)
Dated
this day of , 19
Medical Officer Prison
(FORM 2)
MEDICAL
CERTIFICATE FOR REMOVAL OF A PRISONER
TO
A MENTAL
HOSPITAL FOR OBSERVATION
To the officer in charge
of.................................................................
prison
I, the undersigned, being
the medical officer for................... prison, hereby certify that on
the.................... day of.....................
19....... at the said
prison.
I personally
examined................................................................ a
prisoner in the said prison and that I am
of the opinion that the said
...................... should be removed to a mental hospital for observation
for a period of...................
days for the purpose of determining whether
he is of unsound mind or
not.
Dated this day of ,
19
Medical Officer Prison
(FORM 3)
MEDICAL
CERTIFICATE FOR DETENTION IN A
MENTAL
HOSPITAL OF
A PRISONER PREVIOUSLY
REMOVED
THERETO FOR
OBSERVATION
To the officer in charge
of................................................................
prison.
I, the undersigned, being
the Superintendent of the Mental Hospital hereby certify that I have observed
over a period of..............................
days the mental condition
of.......................................................... a prisoner detained
in the
.......................................................................................
mental hospital for observation for the purpose of determining whether he is of
unsound mind or not and that the said .........................
is in my opinion
a person of unsound mind and that it is necessary (or expedient) that he should
henceforth be detained in the
......................................................................................
mental hospital under care and treatment and that I have formed this opinion on
the following grounds:-
1. Facts
indicating unsoundness of mind observed by
himself.
(Here
state
the
facts)
2.
Other facts, if any, indicating unsoundness of mind which were communicated to
me by
others.
(Here
state
the
information
and
from
whom
obtained)
Dated
this day of , 19
Superintendent Mental Hospital
________________________
FIFTH
SCHEDULE
(Regulation
169)
(FORM 1)
ORDER
OF THE MINISTER FOR REMOVAL OF A
PRISONER
OF UNSOUND
MIND TO A MENTAL HOSPITAL
To the officer in charge
of........................... prison and to the Superintendent of
................................Mental
Hospital.
I,
............................. .Minister for Home Affairs, in exercise of the
powers conferred upon me by section 56 of the Prisons Act, having received the
medical certificate hereunto attached having reference to the mental condition
of......... at present detained
in prison, do hereby order and direct.........
to be removed under proper custody to the.........Mental Hospital, and I do
order
and direct you the said Superintendent of the said mental hospital to
receive and detain the said .........as a patient therein under
care and
treatment.
Dated
this..........day.........
19......
Minister
for
Home
Affairs
_____________________
(FORM 2)
ORDER
OF THE SUPERVISOR FOR REMOVAL OF A PRISONER TO
A
MENTAL HOSPITAL
FOR OBSERVATION
To the officer in charge
of........................... prison and to the Superintendent of
..........................Mental
Hospital.
I,
............................... , Supervisor of Prisons, having received the
medical certificate hereunto attached having reference
to the mental condition
of.......... at present detained in........................... prison, do hereby
order and direct you the
said officer in charge of the said prison to cause the
said............................ to be removed under proper custody to the
.................... Mental Hospital for observation and I do direct you the
said Superintendent of the said mental hospital to receive
and detain the said
....................... for observation therein for a period of
......................................... days
of the purpose of determining
whether he is of unsound mind or
not.
Dated this day of ,
19
Supervisor
of
Prisons
(FORM 3)
ORDER
OF THE MINISTER FOR DETENTION IN A
MENTAL
HOSPITAL OF
A PRISONER PREVIOUSLY
REMOVED
THERETO FOR
OBSERVATION
To the officer in charge
of........................... prison and to the Superintendent of
.......................... Mental
Hospital.
I,
............................. , Minister for Home Affairs, in exercise of the
powers conferred upon me by section 56 of the Prisons Act, having received the
medical certificate hereunto attached having reference to the mental condition
of............at present detained
in the..........Mental Hospital for
observation for the purpose of determining whether he is of unsound mind or not
do hereby order
and direct the said.......... be henceforth detained in the said
Mental Hospital as a patient therein under care and
treatment.
Dated this day of
, 19
____________________
REGULATIONS
MADE BY THE GOVERNOR-GENERAL UNDER
THE
ROYAL WARRANT
DATED THE 16TH MAY 1972
Regulations
28th
July
1972*.
*See
Legal Notice No. 63 of 1972.
1. These Regulations may
be cited as the Fiji Prison Service Medal
Regulations.
2.-(1) The Fiji
Prison Service Medal will be granted as a reward for long service and good
conduct to all members of the Prison Service
of Fiji below the rank of Assistant
Superintendent of Prisons who on or after 10th October, 1970 shall have
completed eighteen years'
continuous qualifying service or an aggregate of such
qualifying service as hereinafter
defined.
(2) A Clasp will also be
granted to a recipient of the Medal on his completing twenty-five years'
qualifying service and a further
Clasp on completing thirty years' qualifying
service. For each Clasp so awarded, a small silver rose may be added to the
ribbon when
worn alone.
3.
Qualifying service in the Prison Service of any other country or territory of
the Commonwealth may be allowed to reckon towards
the required period of
qualifying service, if the total period of such service amounts to not less than
eighteen years-
(a) where service has been rendered in Fiji and in one or more such country or territory as aforesaid an interval not exceeding twelve months between any two periods of service shall not be regarded as breaking the continuity of such service;
(b) a break in service not exceeding six calendar months in Fiji or in any one such country or territory shall not be regarded as breaking the continuity of such service.
4.
For the purpose of these Regulations, service shall be reckoned as qualifying
service only if it is certified that the character
and conduct of the person
recommended for the grant of the Medal or Clasp has been exemplary. No member of
the Prison Service shall
be deemed to be of exemplary character who during the
last ten years of his service has been convicted of-
(a) any criminal offence, excluding offences under the Traffic Act (but including the offence of driving under the influence of drink or drugs);
(b) a disciplinary offence of drunkenness or incapacity for duty due to alcoholism; or
(c) a disciplinary offence and sentenced to a punishment of-
(i) reduction in rank;
(ii) confinement to the precincts of a prison for twenty-one days or over; or
(iii) fined more than three days' pay.
5.
Recommendations for the award of the Medal or Clasp shall be submitted by the
Controller of Prisons to the Governor-General. The
Medal or Clasp will be
awarded on the authority of the Governor-General and a notification of such
award shall be published in the
Fiji
Royal
Gazette.
These
Regulations revoked the Colonial Prison Service Medal (Fiji) Regulations dated
28th January 1969 (Legal Notice No. 23 of 1969)
which revoked the Colonial
Prison Service Medal (Fiji) Regulations dated 17th August
1956.
6.-(1) A recipient of the
Medal or Clasp who is convicted of such a criminal offence as aforesaid or is
dismissed or removed from
the Prison Service for misconduct shall forfeit the
Medal or Clasp unless the Governor-General shall otherwise
direct.
(2) A Medal or Clasp so
forfeited may be restored to the recipient by the Governor-General at his
discretion.
(3) A notice of
forfeiture or restoration shall in every case be published in the
Fiji
Royal
Gazette.
7.-(1)
When a Medal is lost through carelessness or neglect, the Controller of Prisons
may recommend that the loser be provided with
a new Medal at the loser's own
expense. If the loss is accidental, it may be recommended that the loser be
supplied with a new Medal,
either at his own or at the public expense, according
to the circumstances of the
case.
(2) An application for a new
Medal to replace one which has been lost must be accompanied by a declaration as
to the circumstances
under which the original Medal was lost. A new Medal will
not be issued until a period of six months has elapsed since the date on
which
the loss occurred.
Controlled by Ministry for Home Affairs
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