DISCIPLINE AND PRISON OFFENCES
—(1) The Director, any Superintendent, prison officer, medical officer, member or employee of the Corporation or any other person working in a prison shall not —
sell, supply or receive, directly or indirectly, any benefit or advantage from the sale or supply of any article to or for the use of any prisoner or for the use of any prison;
directly or indirectly have any interest in any contract or agreement for the sale or supply of any article referred to in paragraph (a); or
directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with prisoners or with their friends with regard to them.
(2) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison shall not hold any communication with any person on behalf of any prisoner unless authorised by the Director or the Superintendent.
61. Any prison officer who unlawfully or in breach of his engagement absents himself from duty under circumstances which show that he has the intention of not returning to his duty shall be deemed to have deserted, and shall be liable on conviction to imprisonment for a term not exceeding 12 months, and all arrears of pay due to him shall be forfeited.
—(1) No money or other consideration shall on any pretext whatsoever be payable, paid, given or promised by or on behalf of any prisoner, either on his entry into, commitment to, continuance in or discharge from any prison, to any prison officer, medical officer, member or employee of the Corporation, or to any other person working in a prison.
(2) Any such person receiving or demanding any such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,200 or to imprisonment for a term not exceeding 6 months or to both.
(3) Any public officer convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his office, and all arrears of pay due to him may be forfeited.
—(1) Every person, upon ceasing to be a prison officer, shall forthwith deliver up to the Superintendent of the prison in which he is serving at the time of ceasing to be a prison officer, every article of uniform and clothing and all arms, accoutrements, ammunition, staves and other effects of every kind belonging to the Government.
(2) Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both and in addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the court and shall be recoverable as if it were a fine.
—(1) Any prison officer who assaults, threatens or insults any officer senior to him in the prisons service when the senior officer is on duty or when the assault, threat or insult is related to or is consequent upon the discharge of duty by the officer so assaulted, threatened or insulted, shall be guilty of an offence and shall be liable on conviction before a District Court or Magistrate’s Court to a fine not exceeding $1,200 or to imprisonment for a term not exceeding 12 months.
(2) Any person convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his office, and all arrears of pay due to him may be forfeited.
—(1) All pay which is forfeited by and fines inflicted upon prison officers under this Act shall be paid into a fund to be called the Prison Officers Reward Fund.
(2) The Fund shall be administered by the Director in accordance with regulations made under section 84.
—(1) Every person who without lawful authority —
conveys, supplies or causes to be supplied or conveyed to any prisoner, or hides or places for his use any letter or document, or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article;
brings or attempts by any means to introduce into any prison, or places or attempts to place where prisoners labour, any letter or document, or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or any other article to be sold or used therein;
brings or attempts to bring out of any prison, or conveys from any prisoner, any letter, document or other article; or
communicates with any prisoner,
shall be guilty of an offence.
(2) Every prison officer who without lawful authority —
knowingly suffers any letter or document, or any intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions, letter, document or other article to be sold to or received or used by or on behalf of any prisoner;
lends or gives to any prisoner any such intoxicating liquor, tobacco, bhang or hemp, drug, opiate, money, clothing, provisions or other article; or
knowingly suffers any letter, document or other article to be brought out of any prison, or to be conveyed from any prisoner,
shall be guilty of an offence.
(3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both and, if he is a prison officer, he may, unless the conviction is reversed on appeal, be dismissed from his office, and all arrears of pay due to him may be forfeited.
67. Whenever any person is sentenced to imprisonment, the person may be required to work at any labour prescribed under this Act, and for which he is certified as fit by the medical officer.
—(1) Persons confined under civil process, and persons on remand charged with crimes or offences, or committed to take their trial, or confined for want of sureties, shall not —
ordinarily be associated with convicted prisoners; or
be required to labour beyond such labour as is reasonably proper for keeping their persons and dress in a proper state, and keeping the places in which they are confined clean.
(2) All juveniles shall, so far as local conditions permit, be kept apart from adults under detention.
69. A prisoner, when being taken to or from any prison in which he may be lawfully confined, or whenever he is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison officer, shall be deemed to be in prison, and shall be subject to all the same incidents as if he were actually in prison.
—(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of a minor prison offence as specified in section 72 by ordering him to undergo one or more of the following punishments:
confinement in a punishment cell for a term not exceeding 7 days;
forfeiture of remission not exceeding such amount as may be prescribed;
reduction in grade or postponement of promotion for such period as may be prescribed;
a written warning;
in the case of a prisoner subject to a home detention order under section 52, extension of the hours to which the prisoner is required to remain indoors under the conditions of the order.
(2) The Superintendent shall enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by him upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.
—(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of an aggravated prison offence as specified in section 73 by ordering him to undergo one or more of the following punishments:
corporal punishment not exceeding 12 strokes with a rattan;
confinement in a punishment cell for a term not exceeding 7 days;
forfeiture of remission not exceeding such amount as may be prescribed;
reduction in grade or postponement of promotion for such period as may be prescribed.
(2) Where the Superintendent has imposed any punishment upon any prisoner under subsection (1), the Superintendent shall notify the Director of the facts of the case and the punishment imposed on the prisoner not later than 7 days after imposition of the punishment.
(3) The Director may within 7 days of being notified by the Superintendent under subsection (2) —
confirm any punishment imposed by the Superintendent under subsection (1); or
vary any punishment imposed by a Superintendent under subsection (1), including enhancing, reducing or substituting the punishment imposed by the Superintendent or imposing such additional punishment that could have been awarded by the Superintendent under that subsection.
(4) Where the Director imposes forfeiture of remission under subsection (3)(b), the forfeiture of remission shall not exceed such amount as may be prescribed.
(5) Any punishment imposed by a Superintendent under subsection (1) shall not be carried out until confirmed, or varied, by the Director under subsection (3).
(6) The Superintendent shall enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by him and by the Director under subsection (3) upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.
72. The following shall be deemed to be minor prison offences:
talking during working hours, or talking loudly, laughing or singing at any time after having been ordered by an officer of the prison to desist;
quarrelling with any other prisoner;
secreting any article whatever;
showing disrespect to any officer or official visitor;
common assault or taking part in any attack on any other prisoner;
answering untruthfully any question put by an officer or an official visitor;
holding any communication (in writing, by word of mouth, or otherwise) with any person in disobedience of the regulations of the prison;
abetting the commission of any minor prison offence;
omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to an officer when called on to do so;
doing any act or using any language calculated to wound or offend the feelings and prejudices of any other prisoner;
doing any act calculated to create any unnecessary alarm in the minds of the prisoners or officers;
leaving without permission of an officer the gang to which he is attached, or the part of the prison in which he is confined;
leaving without permission of an officer the ward, the yard, the place in file, the seat or berth assigned to him;
loitering about the yards or lingering in the wards when these are open;
omitting or refusing to march in file when moving about the prison or proceeding to or returning from work;
visiting the toilets without permission of an officer or remaining there longer than is necessary;
refusing to eat the food prescribed by the prison diet scale;
eating or appropriating any food not assigned to him or taking from or adding to the portions assigned to other prisoners;
removing without permission of an officer food from the cook-room or from the place where meals are served, or disobeying any order as to the issue and distribution of food and drink;
wilfully destroying food or throwing it away without orders;
introducing into food or drink anything likely to render it unpalatable or unwholesome;
omitting or refusing to wear the clothing given to him, or exchanging any portion of it for the clothing of other prisoners, or losing, discarding, damaging or altering any part of it;
removing, defacing or altering any distinctive number, mark or badge attached to, or worn on, the clothing or person;
omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair;
omitting or refusing to keep clothing, blankets, bedding, fetters, or utensils clean, or disobeying any order as to the arrangement or disposition of such articles;
tampering in any way with prison locks, lamps or lights or other property with which he has no concern;
stealing the prison clothing or any part of the prison kit of any other prisoner;
committing a nuisance in any part of the prison;
spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison;
wilfully befouling the toilets, washing or bathing places;
damaging the trees within the enclosure of the prison;
omitting or refusing to take due care of all prison property entrusted to him;
omitting or refusing to take due care of, or injuring, or misappropriating, the materials and implements entrusted to him for work;
omitting to report at once any loss, breakage or damage which he may have caused to prison property or implements;
manufacturing any article without the knowledge or permission of an officer;
performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of his own task;
appropriating any portion of the task performed by another prisoner;
mixing or adding any foreign substance to the materials issued for work;
cursing or swearing, or using indecent, violent, threatening or insulting language;
causing or omitting to assist in suppressing violence or insubordination of any kind;
immoral, disorderly or indecent behaviour;
omitting or refusing to help any prison officer in case of an attempted escape or of an attack upon such officer or upon another prisoner;
disobeying any lawful order of an officer;
idling or refusing to work or showing negligence in the performance of his allotted task;
defacing or damaging the walls, furniture or other property of the prison;
refusing to undergo medical treatment;
any other act, conduct, disorder or neglect to the prejudice of good order or discipline though not specified in the preceding paragraphs.
73. The following shall be deemed to be aggravated prison offences:
escape or attempt to escape;
taking part in any assault or attack on any officer;
aggravated or repeated assault on any other prisoner;
wilful destruction of prison property;
wilfully causing to himself any illness, injury or disability;
wilfully making a false or groundless accusation or complaint against any officer or prisoner;
repetition of any minor prison offence after having been twice punished for the same minor offence;
failure by a prisoner subject to a home detention order under section 52 to report to such person and at such times and place as may be specified under the conditions of the order;
where a prisoner subject to a home detention order under section 52 is required under the conditions of the order to allow the Superintendent or any person authorised by the Superintendent to enter his place of residence, or any other place or places designated under the order, the refusal by the prisoner to allow the entry, or obstructing or hindering the entry, of such person;
any other act of gross misconduct or insubordination;
abetting the commission of any aggravated prison offence.
—(1) Where a prisoner is accused of any aggravated prison offence and the Superintendent is of the opinion that, in the circumstances of the case, the power of punishment which he possesses is inadequate, he shall forthwith report the matter in writing to the Visiting Justice or Justices.
(2) The Visiting Justice or Justices shall, upon receipt of such report, attend at the prison without undue delay and investigate the charge, and may punish any prisoner whom after due inquiry upon oath he or they may find guilty of such offence with one or more of the following punishments:
confinement in a punishment cell for a term not exceeding 30 days on such prescribed diet as he or they may think fit;
corporal punishment not exceeding 24 strokes with a rattan;
forfeiture of remission not exceeding such amount as may be prescribed.
75. No prisoner shall be punished until he has had an opportunity of hearing the charge and evidence against him, and making his defence.
—(1) Any punishment lawfully imposed on a prisoner under this Act or any regulations made thereunder may be carried into effect notwithstanding that the carrying into effect thereof may necessitate the detention of the prisoner beyond the date at which he would otherwise be entitled to be discharged from prison.
(2) The period of detention under subsection (1) shall not exceed 48 hours, such period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.
—(1) When any sentence of corporal punishment is passed under this Act upon any prisoner, he shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which he has been sentenced.
(2) In no case shall a sentence of corporal punishment be passed upon a woman.
(3) In no case shall a sentence of corporal punishment in excess of 10 strokes with a light rattan be passed upon a juvenile.
(4) In no case shall a sentence of dietary or corporal punishment be inflicted upon any prisoner or juvenile until a medical certificate has been given to the effect that the prisoner or juvenile is in a fit condition of health to undergo the punishment.
78. Nothing in this Act shall be construed to exempt any prisoner from being proceeded against for any offence by the ordinary course of law, but no prisoner shall be punished twice for the same offence.
—(1) The Minister shall appoint a Board of Justices of the Peace, to be called the Board of Visiting Justices, of which all Magistrates shall be ex-officio members.
(2) Each member of the Board of Visiting Justices –
shall hold office for a period not exceeding 2 years or for such other period as the Minister may determine;
may from time to time be re-appointed or at any time be removed from office by the Minister; and
may at any time resign from his office by giving notice in writing to the Minister.
(3) A Visiting Justice —
may at any time visit any prison or reformative training centre and may inspect the several wards, cells, yards, solitary or punishment cells and other apartments or divisions of the prison, inspect and test the quality and quantity of the prisoners’ food, hear the complaints (if any) of the prisoners, and question any prisoner or prison officer;
shall ascertain, so far as possible, whether the prison regulations are adhered to, and shall call the attention of the Superintendent to any irregularity that may be observed in the working of the prison or reformative training centre or in the treatment of any prisoner confined therein; and
shall exercise and perform such other powers and duties as may be prescribed.
(4) The Board shall appoint one or more of its members to be, on rotation, a Visiting Justice or Justices of the prisons for each month of the year, and such Visiting Justice or Justices shall hear, try and dispose of such prison offences as to which a report under section 74(1) has been made.
(5) Every Visiting Justice shall, for the purposes of this Act, have power to summon witnesses and to administer oaths.
(6) The Board shall in relation to persons detained in reformative training centres exercise such functions as may be required of it by any written law.
80. Every Judge, Magistrate or Justice of the Peace having jurisdiction in the place where any prison is situate may —
whenever he thinks fit, enter into and examine the condition of the prison and of the prisoners therein;
question any prisoner or officer; and
enter any observation he thinks fit to make in reference to the condition of the prison in a Visitors’ Book to be kept for that purpose by the Superintendent, which book shall be duly produced to the Visiting Justices at their next ensuing visit.
—(1) The Minister may introduce a scheme for prisoners who are considered suitable to take up gainful employment whilst they are serving their sentences.
(2) Any prisoner taking up employment under a scheme referred to in subsection (1) may, notwithstanding the provisions of any order made by any court, Judge, Magistrate or other public officer for the committal of such prisoner, be released daily to perform any work outside the limits of any prison.
(3) A prisoner who carries out work outside the limits of any prison pursuant to such a scheme shall be deemed to be in prison and in the lawful custody of the Superintendent and shall be subject to all the same incidents as if he were actually in prison.
(4) The Minister may make regulations with regard to the scheme of gainful employment for prisoners and such regulations may prescribe for all or any of the following purposes or matters:
the terms and conditions upon which prisoners are to be released to take up employment outside the limits of any prison;
the terms and conditions of engagement of prisoners;
the manner in which wages shall be paid to the prisoners; and
the proportion of wages earned by prisoners under such scheme of employment which may be retained by the prisoners for the payment of food and travelling expenses.
82. The Minister may, by order published in the Gazette, amend the Schedule.
—(1) Except where by this Act it is otherwise expressly provided, all offences under this Act shall be cognizable by a District Court or a Magistrate’s Court.
(2) Any District Court or Magistrate’s Court may, notwithstanding anything in the Criminal Procedure Code (Cap. 68), impose the full punishment prescribed by this Act in respect of any offence.
—(1) The Minister may make all such regulations, not inconsistent with the provisions of this Act, as are necessary for the good management and government of prisons and reformative training centres or for carrying out the objects of this Act.
(2) In particular and without prejudice to the generality of subsection (1), such regulations may prescribe for all or any of the following purposes or matters:
the conditions of service and the powers, conduct and duties of the officers of prisons;
the medical examination, measuring, photographing and taking of fingerprint impressions or other records of persons confined in any prison or otherwise detained in custody, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories;
the persons, if any, to whom such measurements, photographs, fingerprint impressions or other records are to be sent or supplied;
the employment, diets, classification, safe custody, separation, treatment and discipline of prisoners;
the kind of labour to be exacted at the different stages of their imprisonment with the manner and place of exacting the same;
the remission of sentences to be allowed to prisoners who duly comply with the regulations to which they are subjected, and the conditions on which such remissions are to be made;
the disposal of the products of the labour of prisoners;
the establishment of prisoners aid associations and societies and for the subsidising of their work and the utilising of their services in connection with prisoners discharged on probation and convicted prisoners whose sentences have expired;
the supply of money, food, clothing or means of travelling to prisoners on their discharge;
the administration of the Prison Officers Reward Fund;
the proceedings and visits of the Visiting Justices;
the establishment of an advisory committee for the purpose of advising the Director on the suitability of a prisoner to be released for home detention under Part VI and its constitution, functions and procedures;
any other matter which under this Act is required or permitted to be prescribed.
(3) All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.
(4) If a resolution is passed pursuant to a motion notice whereof has been given for a sitting day not later than the first available sitting day of Parliament next after the expiry of 3 months from the date when the regulations are so presented annulling the regulations or any part thereof as from a specified date, the regulations or such part thereof, as the case may be, shall thereupon become void as from that date but without prejudice to the validity of anything previously done thereunder or to the making of new regulations.