Prison (CAP. 341 1

CHAPTER 341

THE PRISON ACT

Arrangement of Sections
Section

1. Short title.
2 . Interpretation. -
3 . Antigua and Barbuda to provide and maintain prison.
4. Power to alter prisons and build new ones.
5. Closing of prisons.

VISITING COMMITTEE

6. Visiting Committee.

PRISON OFFICERS

7. Prison Officers.
8. Powers of prison officers.

CONFINEMENT AND TREATMENT O F PRISONERS

9. Place of confinement of prisoners.
10. Legal custody of prisoner.
11. Corporal punishment in prisons.
12. Duty of officer in charge to deliver calendar of prisoners.
13. Removal of prisoners for judicial and other purposes.
14. Calculation of term of sentence.
15. Remission for good conduct and award of gratuities.
16. Power to discharge prisoners temporarily on account of

ill health.

OFFENCES

17. Escape, attempt to escape, and prison breach.
18. Rescue, or promotion of rescue, of prisoners.
19. Wilfully permitting prisoner to escape.
20> Negligently permitting prisoner to escape.
21. Assaulting or resisting prison officers.

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2 CAP. 341) Prison

Section

22. Assisting prisoner to escape.
23. Unlawful conveyance of spirits or tobacco into prison etc.
24. Unlawful introduction of other articles.
25. 'Display of notice of penalties.

RULES

26. Power to make Rules.

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Prison (CAP. 341 3

PRISON

(1st July, 1956.)

1. This Act may be cited as the Prison Act. short title.

2. In this Act- Interpretation.

"prisoner" means any person lawfully sentenced or
ordered to be imprisoned or detained in prison;

"prison" means gaol, and includes the airing gl-irund
or other ground or buildings occupied by prison
officers and contiguous thereto and any other place
which the Governor-General shall by proclamation
published in the Gazette declare to be a prison.

3. There shall be provided and maintained at the ex- Antigua and
Barbuda to pense of Antigua and Barbuda, adequate accommodation provide and

for its prisoners in a prison: maintain prison.

Provided however that the buildings and premises in
Antigua and Barbuda now used as a prison shall continue
to be used as the prison for Antigua and Barbuda.

4. The Governor-General may with the approval of E;;.w;:;~;x~~~
Parliament alter, enlarge or rebuild any prison in Antigua ,,, on,s.
and Barbuda or may, if necessary, build new prisons in lieu
of or in addition to any existing prisons.

5 . (1) The Governor-General may at any time by pro- Closing of
clamation declare any prison in Antigua and Barbuda to be
closed; and every prison which the Governor-General shall
so declare to be closed shall, as from the date of the pro-
clamation, cease to be used as a prison accordingly.

(2) Persons committed to any prison closed under this
section shall, upon the closing of such prison, be deemed
to be committed to the prison nearest thereto, or to such
other prison as the Governor-General may appoint or
determine.

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4 CAP. 341) Prison

Visiting
Committee.

6. (1) Rules made under section 26 shall provide for
the constitution by the Governor-General of a visiting com-
mittee of a prison consisting of Justices of the Peace of
Antigua and Barbuda appointed at such times, in such man-
ner and for such periods as may be prescribed by the Rules.

(2) Rules made as aforesaid shall prescribe the func-
tions of the visiting committee and shall among other things
require members to pay frequent visits to a prison and hear
any complaints which may be made by the prisoners, to con-
sider periodically the character, conduct and prospects of
each prisoner and report to the Governor-General any matter
which they consider it expedient to report; and any member
of the visiting committee may at any time enter the prison
and shall have free access to every part of it and to every
prisoner.

PRISON OFFICERS
Prison Officers. 7 . ( 1 ) The Governor-General shall appoint an officer

with such. title as he may approve who shall be in charge
of the prison in Antigua and Barbuda and shall superintend
and manage the same.

(2) In addition to the officer appointed under subsec-
tion (1) the Governor-General shall appoint such other of-
ficers including an honorary chaplain, as may be necessary,
for the efficient management of the prison.

(3) The duties of the officers appointed by virtue of
subsections (1) and (2) shall be such as may be prescribed
by Rules made under section 26.

Powers of prison
officers.

8. Every male prison officer while acting as such shall
have all the powers, authority, protection and privileges of
a constable.

Place of 9. (1) A prisoner, whether sentenced to imprisonment
confinement of
prisoners. or committed to prison on remand or pending trial or other-

wise, may be lawfully confined in any prison.

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Prison (CAP. 341

(2) Prisoners shall be committed to such prisons as the
Governor-General may from time to time direct; and may
by direction of the Governor-General be removed during
the term of their imprisonment from the prison in which
they are confined to any other prison in Antigua and
Barbuda.

(3) A writ, warrant or other legal instrument address-
ed to the officer in charge of a prison and identifying that
prison by its situation or by any other sufficient description
shall not be invalidated by reason only that the prison is
usually known by a different description.

10. (1) Every prisoner shall be deemed to be in the k;g:;tod~ of
legal custody of the officer in charge of the prison.

(2) A prisoner shall be deemed to be in legal custody
while he is confined in, or is being taken to or from, any
prison and while he is working, or is for any other reason,
outside the prison in the custody or under the control of an
officer of the prison.

1 . (1) Except as provided by this section, corporal Corpora*
punishment in

punishment shall not be inflicted in any prison. prisons.

(2) Rules made under section 26 may authorize the
infliction of corporal punishment for mutiny, incitement to
mutiny, or gross personal violence to an officer of a prison
when committed by a male prisoner.

(3) The rules shall not authorize the infliction of cor-
poral punishment except by order of the visiting committee
made at a meeting at which not less than two thirds of the
members are present; and no such order shall be made ex-
cept after an inquiry in which the evidence is given on oath:

Provided that the Governor-General may, if he thinks
fit in any particular case, direct that the functions exercisable
as aforesaid by the visiting committee shall be exercised by
a magistrate appointed by him in that behalf.

\ (4) The punishment which may be inflicted under such
an order as aforesaid shall not exceed-

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6 CAP. 341) Prison

( a ) in the case of a person appearing to the visiting
committee or magistrate to be not less than twenty-one
years of age, eighteen strokes of a cat-o'-nine-tails or
tamarind rod; or

( 6 ) in the case of a person appearing to them or
him to be under that age, twelve strokes of a tamarind
rod,

and if corporal punishment is inflicted, no further punish-
ment by way of confinement in cells or restricted diet shall
be imposed.

(5) Where an order for the infliction of corporal punish-
ment has been made under this section, a copy of the notes
of the evidence given at the inquiry, a copy of the order
and a statement of the grounds on which it was made shall
forthwith be given to the Governor-General; and the order
shall be carried into effect only after confirmation by the
Governor-General and, if the Governor-General confirms
the order with modifications, in accordance with the
modifications.

( 6 ) A refusal by the Governor-General to confirm such
an order as aforesaid shall not prejudice any power to im-
pose another punishment for the offence for which the order
was made.

D U ~ Y of officer in 12. The officer in charge of every prison in which
charge to deliver
calendar of persons committed for trial before the High Court are con-
prisoners. fined shall deliver to that Court a calendar of those persons.

Removal of
prisoners for

13. (1) Rules made under section 26 may provide in
judicial and what manner an appellant within the meaning of the Court
other purposes. of Appeal Rules, when in custody, is to be taken to, kept

in custody at, and brought back from, any place at which
he is entitled to be present for the purposes of those rules,
or any place to which the Court of Appeal or any judge
thereof may order him to be taken for the purpose of any
proceedings of that Court.

(2) The Governor-General may-

(a) if he is satisfied that the attendance at any place
in Antigua and Barbuda of a person detained in a prison
in Antigua and Barbuda is desirable in the interests of

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Prison (CAP. 341 7

justice or for the purposes of any public inquiry, direct
him to be taken to that place;

(b) if he is satisfied that a person so detained re-
quires medical or surgical treatment of any description,
direct him to be taken to a hospital or other suitable
place for the purpose of the treatment,

and where any person is directed under this subsection to
be taken to any place he shall, unless the Governor-General
otherwise directs, be kept in custody while being so taken,
while at that place, and while being taken back to the prison
in which he is required in accordance with law to be detained.

-.

(3) It shall be lawful for any magistrate, in any case
where he may see fit to do so, upon application to issue a
warrant or order under his hand for any prisoner to be taken
from the prison to his Court for the purpose of answering
any charge that may be preferred against him.

14. (1) In any sentence of imprisonment the word calculation of
term of sentence.

"month" shall, unless the contrary is expressed, be construed
as meaning calendar month.

(2) A prisoner who but for this subsection would be
discharged on a Sunday, Christmas Day or Good Friday,
shall be discharged on the day next preceding.

15. (1) Rules made under section 26 may make pro- Remission for
good conduct and vision whereby, in such circumstances as may be prescribed of

by the rules, a person serving a sentence of imprisonment gratuities.
for such a term as may be so prescribed may be granted . -
remission of such part of that sentence as may be so prescribed I

on the ground of his industry and good conduct, and on
the discharge of a person from prison in pursuance of any
such remission as aforesaid his sentence shall expire.

(2) Rules made as aforesaid may also provide for the
award of gratuities on their discharge to prisoners who have

' been sentenced to imprisonment with hard labour for a term
of or exceeding twelve months.

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8 CAP, 341) Prison

Power to
discharge

16. (1) If the Governor-General is satisfied that by
prisoners reason of the condition of a prisoner's health it is undesirable
temporarily on to detain him in prison, but that, such condition of health
account of
ill-health. being due in whole or in part to the prisoner's own conduct

in prison, it is desirable that his release should be temporary
and conditional only, the Governor-General may, if he thinks
fit, having regard to all the circumstances of the case, by
order authorize the temporary discharge of the prisoner for
such period and subject to such conditions as may be stated
in the order.

(2) Where an order of temporary discharge is made in
the case of a prisoner not under sentence, the order shall
contain conditions requiring the attendance of the prisoner
at any further proceedings on his case at which his presence
may be required.

(3) Any prisoner discharged under this section shall
comply with any conditions stated in the order of temporary
discharge, and shall return to prison at the expiration of the
period stated in the order, or of such extended period as
may be fixed by any subsequent order of the Governor-
General, and if the prisoner fails so to comply or return,
he may be arrested without warrant and taken back to prison.

(4) Where a prisoner under sentence is discharged in
pursuance of an order of temporary discharge, the currency
of the sentence shall be suspended from the day on which
he is discharged from prison under the order to the day on
which he is received back into prison, so that the former
day shall be reckoned and the latter shall not be reckoned
as part of the sentence.

(5) Nothing in this section shall affect the duties of the
medical officer of a prison in respect of a prisoner whom
the Governor-General does not think fit to discharge under
this section.

Escape, attempt
to escape, and
prison breach.

OFFENCES

17. Every prisoner who-
(a) escapes or attempts to escape from any prison

wherein he is lawfully confined; or

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Prison (CAP. 341

( 6 ) escapes or attempts to escape during the time
of his conveyance to or from a prison, or whilst on his
way to or from any road or public work, or during the
time of his employment therein; or

(6) forcibly breaks out of any cell or other place
in which he is lawfully confined or makes any breach
therein with intent to escape,

shall be guilty of an offence against this Act and on convic-
tion thereof on indictment be liable to imprisonment for a
period not exceeding two years.

18. Every person who rescues, or attempts to rescue F;:z~;~g of
any person who has been convicted, or who is in custody,
on a charge of felony, shall be guilty of felony andma11 be prisoners.
liable to be imprisoned, with or without hard labour, for
any term not exceeding three years; and every person who
rescues, or attempts to rescue, any person who has been con-
victed, or who is in custody, on a criminal charge other than
felony, shall be guilty of a misdemeanour, and shall be liable
to be imprisoned, with or without hard labour, for any term
not exceeding eighteen months; and all persons aiding,
assisting or abetting the commission of any such offence as
aforesaid shall be liable to be prosecuted and punished in
the same manner as principals.

19. Every person having the custody of a prisoner, W"2zng
who shall knowingly and wilfully allow him to escape, shall prisoner to
be liable to be imprisoned, with or without hard labour, for
any term not exceeding two years.

20. Every person having the custody of a prisoner, F;P@&:%
who, through negligence or carelessness, allows any such prisoner to
prisoner to escape, shall be liable to fine or imprisonment, escape.
or both, at the discretion of the Court.

21. Any person who assaults or resists any prison
officer in the execution of his duty, or aids or excites any officers.
person so to assault or resist any such officer shall be liable
on summary conviction to a penalty not exceeding one thou-
sand dollars, or to imprisonment, with or without hard
I+bour, for any term not exceeding two months; or, if the
offender be a prisoner, he shall be liable, on conviction on

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10 CAP. 341) Prison

indictment, to be imprisoned, with or without hard labour,
for any term not exceeding one year:

Provided however that no prisoner shall be liable both
to punishment under this section and section 11 for an assault
against a prison officer.

Assisting prisoner 22. Any person who aids any prisoner in escaping
to escape. or attempting to escape from a prison or who, with intent

to facilitate the escape of any prisoner, conveys any thing
into a prison or to a prisoner or places any thing anywhere
outside a prison with a view to its coming into the posses-
sion of a prisoner, shall be guilty of felony and liable to im-
prisonment for a term not exceeding two years.

Unlawful
conveyance of

23. Any person who contrary to the rules of a prison
snirits or tobacco brinqs or attempts to bring into the prison or to a prisoner - "
into prison etc. any spirituous or fermented liquor or tobacco, or places any

such liquor or any tobacco anywhere outside the prison with
intent that it shall come into the possession of a prisoner,
and any officer who contrary to those rules allows any such
liquor or any tobacco to be sold or used in the prison, shall
be liable on summary conviction to imprisonment for a term
not exceeding six months or a fine not exceeding one thou-
sand dollars.

Unlawful 24. Any person who contrary to the rules of a prison
introduction of

articles. conveys or attempts to convey any letter or any other thing
into or out of the prison or to a prisoner or places it anywhere
outside the prison with intent that it shall come into the
possession of a prisoner shall, where he is not thereby guilty
of an offence under either section 22 or section 23 be liable
on summary conviction to a fine not exceeding five hun-
dred dollars.

Display of notice 25. The officer in charge of every prison shall cause
of penalties.

to be affixed in a conspicuous place outside such prison a
notice of the penalties to which persons committing offences
under sections 22, 23 and 24 are liable.

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Prison (CAP. 341 11

26. (1) The Cabinet may make rules for the regula- 2 ~ : to makc
tion and management of prisons, the conduct, discipline and
duties of the officers employed therein, and the classifica-
tion, treatment, employment, discipline and control of
prisoners.

(2) Rules made under this section shall make provision
for ensuring that a person who is charged with any offence
under the rules shall be given a proper opportunity of presen-
ting his case.