Chapter 11:01 - Prison

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/900-chapter-1101-prison/file

L.R.O.1/2012LAWSOFGUYANA L.R.O. 1/2012
LAWS OF GUYANA
PRISON ACT
CHAPTER 11:01
Act 22 of 1957
Amended by
11 of 1959 25 of 1965
4 of 1972 24 of 1975 26 of 1975 10 of 1983 24 of 1991 37 of 2009
Current Authorised Pages Pages
(inclusive) Authorised by L.R.O.
1 – 130 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Timehri Remand Centre Order 29 O. 90/1972
Prison (Melanie Damishana) Order 29 O. 83/1980
Prison (Lusignan) Order 30 O. 84/1980
Prison (Belbaag) Order 30 O. 22/1981
Declaration of Prisons 31 O. in C. 1/12/1939, 27/5/1927, 21/10/1929, 2/10/ 1923; O. 30/1961, O. in C. 3/1952, O. in C. 4/1953
Prison Rules 32 R. 4/1957, 2/1959, 4/1961, 6/1962, 1/1965, 4/1969, 1/1975, 1/1990
Prison Officers’ (Uniform) Rules 118 R. 1/1960, 2/1975
Prison Officers’ Association Rules 124 R. 3/1960
Senior Prison Officers’ Association Rules 128 R. 4/1960
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CHAPTER 11:01 PRISON ACT
ARRANGEMENT OF SECTIONS SECTION
1. Short title. PART I
PRELIMINARY
2. Interpretation.
PART II CONSTITUTION AND ADMINISTRATION O F PRISONS AND
LOCK-UPS
3. Declaration of a prison or lock-up. 4. Administration and control.
PART III APPOINTMENT, ADMINISTRATION AND POWERS OF PRISON
STAFF
4A. Guyana Prison Service. 5. Appointment of prison staff. 5A. Duties of Deputy Director. 6. [Repealed]. 7. Medical officer. 8. Powers of Senior Superintendent etc. 9. Standing Orders. 10. Resignation. 11. Offences of prison officers, etc. 12. Powers of prison officers. 13. Use of weapons. 14. Inspection and annual report. 15. Prison Fines Fund.
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SECTION PART IV
CUSTODY AND REMOVAL OF PRISONERS AND PERSONS DETAINED IN ANY LOCK-UPS
16. Persons sentenced, etc., to be committed to prison. 17. Prisoners, etc., deemed in legal custody. 18. Detention of persons committed to prison and lock-ups. 19. Delivery of person on remand. 20. Power of detention. 21. Release of prisoners, etc. 22. Production of persons confined in prisons, etc., before the
court. 23. Persons taken out of prison under order deemed in legal
custody. 24. Prisoner of unsound mind. 25. Prisoners, etc., suffering from communicable disease. 26. Removal of disabled prisoner to institution. 27. Serious illness of prisoner. 28. Custody of prisoner, etc., in hospital. 29. Transfer of prisoners. 30. Separation of prisoners. 31. Transfer of young prisoners. 32. Persons sentenced for offences against military law. 33. Repealed 34. Repealed
PART V DISCIPLINE AND CONTROL OF PRISONERS
35. Employment of prisoners outside prison. 36. Prisoner subject to Act and Rules. 37. Punishment for major prison offences. 38. Other offences. 39. Powers of person in charge of a prison to award punishment for
major and other prison offences. 39A. Appointment of Senior Superintendent etc. to enquire into
prison offence. 40. Prisoner to be heard on his own behalf. 41. Entry of punishment in register. 42. Appeal by prisoner.
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SECTION
43. Detention after date of discharge. 44. Supervision of prisoner under sentence of death. 45. Access to prisoners under sentence of death.
PART VI GENERAL
46. Visiting justices. 47. Powers and duties of visiting justice. 48. Power to require released prisoner to notify address. 49. Coroner to hold inquest on death of prisoner. 50. Prisoner not to be punished twice. 51. Escape. 52. Escape punishable before magistrate. 53. Prohibited articles. 54. Communicating with prisoners. 55. Assaulting, etc., prison officer. 56. Making of Rules. Powers of Minister.
CHAPTER 11:01 PRISON ACT
22 of 1957 An Act to make better provision for the Regulation of Prisons.
[17th SEPTEMBER, 1957]
Short title.
Interpretation. [26 of 1975 37 of 2009]
1. This Act may be cited as the Prison Act.
PART I PRELIMINARY
2. In this Act—
“criminal prisoner” means a prisoner duly committed to
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custody under any writ, warrant, or order, of any court or authority exercising criminal jurisdiction or by order of a court martial;
“Director” and “Deputy Director” mean the Director of Prisons and the Deputy Director of Prisons, respectively;
“first offender” means any person who has been committed to prison for the first time;
“lock-up” means any house, building, enclosure or place declared to be a lock-up under section 3;
“medical officer” means the medical officer assigned to duties in any prison under section 7;
“member of the subordinate staff” means any prison officer below the rank of Assistant Superintendent whether permanent, temporary or acting whose duties are to instruct, supervise and employ prisoners, or to perform work in connection with the prisons;
“prison” means any house, building, enclosure or place declared to be a prison under section 3;
“prison offence” means any offence committed by a prisoner under this Act or as specified in any Prison Rules, or Prison Standing Orders;
“Prison Officer” means any person holding an office or performing a duty in or in connection with a prison, but does not include any person appointed to perform clerical duties only;
“prisoner” means any person whether convicted or not, under detention in any prison;
“Prison Rules” means any rules under section 56;
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“Prison Service” means the Guyana Prison Service established under section 4A;
“prohibited article” means— (a) any intoxicating liquor, drug, tobacco,
money, clothing, provisions, letter, tool or any article whatever likely to be prejudicial to good order and prison discipline;
(b) any article, the introduction or removal of which into or out of prison or any part thereof, is prohibited by Prison Rules or Standing Orders; or
(c) any other article not expressly authorised to be brought into prison by the Superintendent;
“Superintendent” means Superintendent of Prisons;
“young prisoner” means any prisoner under the age of 18 years.
PART II CONSTITUTION AND ADMINISTRATION OF
PRISONS AND LOCK-UPS Declaration of a prison or lock- up.
3. (1) The Minister may by order—
(a) declare any house, building, enclosure or place or any part thereof, to be a prison or lock-up and may in such order declare the name by which such prison or lock-up shall be known;
(b) declare that any prison or lock-up shall cease to be a prison or lock-up and as from the date of the publication of such order or such
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other date as may be specified therein, such prison or lock-up shall cease to be a prison or lock-up.
Cap. 83 1953 Ed.
Administration and control. [26 of 1975]
Guyana Prison Service. [26 of 1975]
Appointment of prison staff. [26 of 1975 37 of 2009]
(2) The prisons established under the Prisons Ordinance shall be prisons for the purposes of this Act.
(3) Every place used as a lock-up at the commencement of this Act shall be deemed to be a lock-up for the purposes of this Act, as if such place had been declared to be a lock-up under subsection (1).
4. (1) Subject to the orders of the Minister, the general charge and administration of prisons and the control and direction of the prison staff shall be vested in the Director who may make such transfers, and direct the employment and distribution of the prison staff as he may think fit.
(2) Subject to the orders of the Director the administration of each prison and the control and direction of the prison staff attached thereto shall be vested in the Senior Superintendent, the Superintendent or the Assistant Superintendent in charge of such prison.
PART III APPOINTMENT, ADMINISTRATION AND POWERS
OF PRISON STAFF
4A. There is established a Prison Service to be known as the Guyana Prison Service.
5. (1) There shall be a Director of Prisons and a Deputy Director of Prisons.
(2) There shall be—
(a) so many Senior Superintendents of Prisons, Superintendents of Prisons
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and Assistant Superintendents of Prisons;
(b) so many prison officers and assistant prison officers, as may be necessary for carrying into effect the provisions of this Act.
(3) All members of the prison staff serving in the Prison Service on the coming into operation of this Act, shall be deemed to have been appointed under this section.
Duties of Deputy Director. [26 of 1975]
Medical Officer.
Powers of Senior Superintendent etc. [26 of 1975]
Standing Orders. [26 of 1975]
Resignation. [6 of 1997]
5A. The Deputy Director shall act as principal assistant to the Director in the performance of his duties and shall have power, during the absence or incapacity of the Director, or when so authorised by him to do or suffer any act or thing which may by law be done or suffered by the Director.
6. [Repealed by Act No. 37 of 2009].
7. The Chief Medical Officer shall assign in respect of each prison, a government medical officer who shall have control generally of the health and medical welfare of the prisoners and the sanitation of the prison and such medical officer shall perform such other duties as may be directed by this Act or by Prison Rules.
8. Subject to the orders of the Director, every Senior Superintendent, Superintendent and Assistant Superintendent shall have, in relation to the prison of which he has charge, all the powers, duties, rights and privileges of the Director.
9. The Director may issue Standing Orders not inconsistent with this Act or Prison Rules for the governance of the members of the Prison Service and prisoners.
10. (1) No member of the subordinate staff shall, without the written permission of the Director, resign or
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withdraw from prison duties unless he has first given to the Director not less than one month’s notice in writing expiring on the last day of the succeeding month of his intention so to do.
(2) Any member of the subordinate staff who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine of six thousand five hundred dollars or to imprisonment for two months.
Offences of prison officers, etc. [6 of 1997]
11. Every member of the prison staff, or any person who is employed in a prison in any capacity whatever who—
(a) has either directly or indirectly, any pecuniary interest whatsoever in, or derives any benefit or advantage from, the sale or purchase of any prison supplies or of any article to or for the use of any prisoner or of any prison; or
(b) has any dealing, whereby he obtains or might expect to obtain at any time either immediately or in the future any benefit of any nature whatsoever with any prisoner or with any person on behalf of any prisoner; or
(c) assaults, threatens or insults any member of the prison staff, who is senior to him when such senior member is on duty, or as a result of anything done by such senior member in the course of his duty, shall be liable on summary conviction to a fine of nineteen thousand five hundred dollars or to imprisonment for three months.
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Powers of prison officers. [11 of 1959] c. 16:01
Use of weapons. [37 of 2009]
12. Every prison officer while acting as such shall have by virtue of his office all the powers, authorities, immunities and privileges of a constable appointed under the Police Act for purposes of his duty as such prison officer.
13. (1) Every prison officer may use weapons against any prisoner escaping or attempting to escape:
Provided that resort shall not be had to the use of any such weapons unless such officer has reasonable grounds for believing that he cannot otherwise prevent the escape.
(2) Every prison officer may use weapons against any prisoner engaged in an individual or combined outbreak, or in any attempt to force or break open any wall of any prison, or authorised areas of confinement or scaling or attempting to scale any perimeter wall or breaking or attempting to break open any perimeter gate and may continue to use the weapons so long as the individual or combined outbreak or attempt is being prosecuted.
(3) Every prison officer may use weapons against any prisoner using violence to any person if such officer has reasonable grounds for believing that such person is in danger of life or limb, or that other grievous hurt is likely to be caused to him.
(4) Before using firearms against a prisoner under the authority contained in subsection (1), the prison officer shall, if possible, give a warning to the prisoner that he is about to fire on him.
(5) No member of the subordinate staff shall, in the presence of his superior officer, use firearms of any sort against a prisoner in the case of an attempt to escape or of an outbreak except under the orders of such superior officer.
(6) The use of firearms under this section shall be as far as possible to disable and not to kill.
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(7) Every member of the Police Force who is for the time being serving in the capacity of an escort, or of a guard in or around any prison or lock-up, for the purpose of ensuring the safe custody of any prisoners or persons detained in a prison or lock-up, shall be deemed to have all the powers and privileges granted to prison officers under this section for the purpose of his duties in relation to such prisoners or persons.
Inspection and annual report.
Prison Fines Fund.
1953 Ed.Vol. VIII p. 955
Persons sentenced, etc., to be committed to prison.
14. The Director shall as often as may be necessary, visit and inspect all prisons and shall make an annual report to the Minister on the administration and condition of the prisons, the conduct and treatment of prisoners and such other matters relating to the prisons or to prisoners as he may think fit.
15. (1) All pay which is forfeited by, and fines inflicted upon, members of the subordinate staff under this Act shall be paid into a fund to be called “The Prison Fines Fund”, and this fund shall be administered by the Director in accordance with Prison Rules.
(2) There shall be paid into the Prison Fines Fund all moneys standing to the credit of the Prison Officers Fine Fund established by the Fine Fund Regulations made on the 12th July, 1934 under the Prisons Ordinance, 1892.
PART IV CUSTODY AND REMOVAL OF PRISONERS AND
PERSONS DETAINED IN ANY LOCK-UPS
16. (1) Every person sentenced to imprisonment shall be committed to and detained in a prison.
(2) Every person awaiting trial or remanded in custody may be committed to and detained in either a prison or lock-up.
17. (1) Every prisoner whenever he is confined in any
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Prisoners, etc., deemed in legal custody. [37 of 2009]
Detention of persons committed to prison and lock-ups.
Delivery of person on remand.
Power of detention.
prison in which he may lawfully be confined, or whenever he is being taken to or from such prison, or is working in the custody or under the control of any member of the prison staff or member of the Joint Services assigned for that duty beyond the limits of any such prison, shall be deemed to be in the custody of the person in charge of such prison.
(2) Every person whenever he is confined in any lock-up in which he may lawfully be confined, or whenever he is being taken to or from such lock-up, or is working in the custody or under the control of any person in charge of any lock-up beyond the limits of such lock- up shall be deemed to be in legal custody of the person in charge of the lock-up.
18. The persons in charge of prisons and lock-ups are hereby authorised and required to keep and detail all persons duly committed to their custody by any court, judge, magistrate, coroner or other public officer lawfully exercising civil or criminal jurisdiction according to the terms of any writ, warrant, or order by which such person has been committed, or until such person is discharged by due course of law.
19. Every person charged with any offence and remanded in custody to any prison or lock-up by any court, judge, magistrate or coroner shall be delivered to the person in charge of such prison or lock-up, as the case may be, together with the warrant of commitment, and the person in charge of such prison or lock-up shall detain such person according to the terms of such warrant, and shall cause such person to be delivered to such court, judge, magistrate or coroner or shall discharge such person at the time named in and according to the terms of such warrant.
20. Every person arrested under any writ, warrant or order of any court having civil jurisdiction shall be brought without delay before the court by which the writ, warrant or order was issued or made, and if such court is not then sitting such person shall be kept in custody in a prison or lock-up
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until the next sitting of the court and shall be then brought before such court in order that such person may be dealt with according to law.
Release of prisoners, etc.
Production of persons confined in prisons, etc., before the court. [25 of 1965]
Persons taken out of prison
21. Every prisoner and person detained in a lock- up shall be released immediately upon his becoming entitled to release, whether by the expiration of his term of sentence, or by pardon, by commutation, or by remission of sentence, or by other lawful means.
22. (1) Whenever the presence of any person confined in a prison or lock-up is required in any court of civil or criminal jurisdiction, such court may issue an order addressed to the person in charge of the prison or lock-up, as the case may be, requiring the production before the court of such person in proper custody at the time and place named in such order, and the person in charge of such prison or lock-up shall cause the person named in such order to be brought up as directed and shall provide for his safe custody during his absence from the prison or lock-up; and every such court may by endorsement on such order require the person named therein to be again brought up at any time to which the matter wherein such person is required may be adjourned.
(2) The Permanent Secretary of the Ministry responsible for prisons or in his absence, the Principal Assistant Secretary of that Ministry, on being satisfied that the presence of any prisoner or person detained in a prison or lock-up is required at any place in the interests of justice, or for the purpose of any public enquiry, may by writing under his hand order that such prisoner or person be taken to the place at the time stated in such order, and the person in charge of such prison or lock-up, as the case may be, shall cause the person named in such order to be taken as directed and shall provide for his safe custody during his absence from the prison or lock-up.
23. Any person taken from a prison or lock-up under any order made under section 22 shall whilst outside that
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under order deemed in legal custody.
Prisoner of unsound mind. [11 of 1959]
Cap. 140 1953 Ed.
Prisoners, etc. suffering from communicable
prison or lock-up be deemed to be in legal custody.
24. (1) Whenever a prisoner or person detained in a prison or lock- up appears to the Minister on the certificate of a government medical officer to be of unsound mind, the Minister may direct his removal to the Mental Hospital, there to be kept and treated as if such person had been detained in the Mental Hospital under the Mental Hospital Ordinance until the Medical Superintendent of the Mental Hospital certifies that such prisoner or person has ceased to require treatment in that institution.
(2) Where the Medical Superintendent of the Mental Hospital has certified as set out in subsection (1) then if the person in respect of whom the certificate is given is—
(a) a prisoner whose sentence has expired, the Minister shall direct that such prisoner be discharged; or
(b) a prisoner whose sentence has not expired, the Minister shall direct that either he be returned to the prison whence he was removed there to serve the remainder of any term to which he is liable or that he be discharged; or
(c) a person awaiting trial or remanded in custody, the Minister shall direct that such person be returned to the prison or lock-up whence he was removed until he is dealt with according to law.
25. (1) Whenever a prisoner or a person detained in a prison or lock- up appears to the Minister on the certificate of a government medical officer to be suffering from any
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disease. [11 of 1959]
Removal of disabled prisoner to institution. [11 of 1959]
communicable disease, the Minister may direct his removal to such hospital as may be specified in the direction there to be kept and treated until the government medical officer in charge of such hospital certifies that such prisoner or person has ceased to require treatment in that institution.
(2) Where a certificate to the effect that a prisoner or person detained has ceased to require institutional treatment has been given under subsection (1) then if any prisoner or person in respect of whom the certificate is given is—
(a) a prisoner and the term of his sentence has expired, the Minister shall direct that such prisoner be discharged; or
(b) a prisoner and the term of his sentence has not expired, the Minister shall direct either that he be returned to the prison whence he was removed there to serve the remainder of any term to which he is liable or that he be discharged; or
(c) a person awaiting trial or remanded in custody, the Minister shall direct that such person shall be returned to the prison or lock-up whence he was removed until he is dealt with according to law.
26. Where the Minister is satisfied that any prisoner is suffering from any permanent physical infirmity or disability and that it is necessary for the purpose of ensuring the proper care of such prisoner that he should be detained in any institution outside of the prison, he may direct that such prisoner be removed to such institution as may be named in the direction and there detained for the remainder of the term
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to which he is liable unless sooner discharged according to law.
Serious illness of prisoner.
27.(1) In case of the serious illness, other than unsoundness of mind, or any communicable disease, of a prisoner or person detained in a prison or lock-up, there being no suitable accommodation for such prisoner or person in such prison or lock-up, the Director or the person in charge of the prison or lock-up (as the case may be) may, on the certificate of a government medical officer or in the case of urgent necessity on the certificate of any registered medical practitioner or if such practitioner is not available, on the certificate of a registered sicknurse and dispenser, make an order for his removal to a public hospital.
(2) So long as any prisoner or person detained who has been removed to a public hospital under the provisions of subsection (1) remains therein, the government medical officer in charge of such hospital shall, at the end of every month, transmit to the Director or person in charge of the lock-up a certificate signed by him that it is in his opinion necessary that such prisoner or person detained should remain in the hospital.
(3) So soon as, in the opinion of the government medical officer in charge of a public hospital, it is no longer necessary that any prisoner or person detained who has been removed to such hospital should remain therein, he shall transmit to the Director or person in charge of the lock-up a certificate, stating that such necessity has ceased and thereupon the Director or person in charge of the lock-up, as the case may be, shall forthwith cause such prisoner or person detained to be brought back to the prison or lock-up if he is still liable to be confined therein.
(4) Subsections (2) and (3) of this section shall cease to apply to a prisoner or person detained as from the date on which he would be entitled to be released from the prison or lock-up.
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Custody of prisoner, etc., in hospital.
Transfer of prisoners.
Separation of prisoners.
28. Where any prisoner or person detained in a lock- up is by of virtue of section 27 removed from any prison or lock-up to any public hospital, the government medical officer in charge of such hospital shall take all practical steps to prevent the escape of such prisoner or person detained and while such prisoner or person detained remains in such hospital he shall be deemed to be in legal custody:
Provided that where any such prisoner or person detained would, but for the fact that he is in such hospital, be entitled to be released from the prison or lock-up, then from the date on which he would be so entitled to be released, he shall no longer be deemed to be in legal custody and no steps shall be taken to prevent his escape merely by reason of the fact that he had been a prisoner or person detained.
29. The Director may order the removal of all or any prisoners confined in any prison to another prison in Guyana and it shall not be necessary for the purposes of such order to designate any prisoner by name, but it shall be sufficient to describe such prisoner or prisoners by reference to their sentence or by some other like general description.
30. (1) No male prisoner shall be detained in the same part of any prison as any female prisoner.
(2) No civil prisoner (so far as possible) shall be detained in the same part of any prison as any criminal prisoner.
(3) No young prisoner shall be detained (so far as possible) in the same part of any prison as any other prisoner.
(4) No person awaiting trial or remanded shall (so far as possible) be detained in the same part of any prison as any other prisoner.
Transfer of young prisoners.
31. Where any person apparently under the age of sixteen years has been committed to any prison, the Minister may order such prisoner to be transferred to an approved
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school for the purposes of any Act under which a child or young person may be committed to an approved school, there to be kept as if he had been committed to such school by the court under such Act.
Persons sentenced for offences against military law.
Prisoner subject to Act and Rules.
Punishment for major prison offences. [37 of 2009]
32. Any person sentenced to be detained or imprisoned under any law relating to the discipline of the Guyana Defence Force may be committed to prison and shall be received therein; and a certificate of the sentence of any such person or an order or warrant for his imprisonment in writing signed by the officer for the time being commanding the unit to which the person belongs shall be sufficient authority for the Director to receive and detain him; and the Director shall keep such offender according to the terms of such sentence, order or warrant and during the term specified therein, or until he be discharged or delivered over to other custody before the expiration of that time under an order duly made for the purpose.
33. [Repealed by Act 24 of 1991]
34. [Repealed by Act No. 24 of 1991]
PART V DISCIPLINE AND CONTROL OF PRISONERS
35. All prisoners may with the approval of the Director be taken beyond the limits of a prison and put to such labour as may be prescribed by Prison Rules.
36. Every prisoner shall be subject to this Act and Prison Rules, and shall also be subject to prison discipline during the whole of his imprisonment, whether he is or is not within the limits of any prison.
37. Where any prisoner commits any of the following major prison offences, that is to say—
(a) mutiny or incitement to mutiny;
(b) escape or attempt to escape;
Employment of prisoners outside prison.
(c) taking part in any assault or attack on any
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Prison
member of the prison staff or medical officer;
(d) aggravated or repeated assault on any other prisoner;
(e) protest on the roof of a prison,
then, on such prisoner being found guilty thereof, on an enquiry before the Director, or Deputy Director or any Disciplinary Board of Enquiry appointed by the Director, the person who conducted the inquiry may impose any or all of the following punishments:
(i) in the case of an offence specified in paragraphs (a), (c) or (d), whipping or flogging:
Provided that no sentence of whipping or flogging shall be imposed except with the approval of the Minister;
(ii) reduction of diet to No. I punishment diet for any period not exceeding fourteen consecutive days;
(iii) reduction of diet to No. II punishment diet for any period not exceeding twenty-one consecutive days;
(iv) suspension or postponement of any or all privileges for any period not exceeding ninety days;
(v) forfeiture of remission for any period not exceeding ninety days, and in the case of an offence in paragraph (b), the forfeiture of all remission earned up to the date of such
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offence. Other offences. 38. Where any prisoner commits any of the following
offences, that is to say—
(a) wilful destruction of property;
(b) wilfully causing to himself any illness, injury or disability;
(c) wilfully making any false or groundless accusation or complaint against any member of the prison staff, medical officer or prisoner;
(d) persistent repetition of any minor prison offence;
(e) any act of misconduct or insubordination;
(f) abetting the commission of any major prison offences;
(g) malingering or feigning illness;
(h) disobeying any order of the Director or any other officer or any Prison Rules or Standing Orders;
(i) acting in any way prejudicial to good order and discipline,
then on such prisoner being found guilty thereof on any enquiry by the Director, the Director may impose any or all of the following punishments:
(i) reduction of diet to No. I punishment diet for any period not exceeding fourteen consecutive days;
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(ii) reduction of diet to No. II punishment diet for any period not exceeding twenty-one consecutive days;
(iii) suspension or postponement of any privileges for any period not exceeding ninety days;
(iv) forfeiture of remission for any period not exceeding ninety days.
Powers of person in charge of a prison to award punishment for major and other prison offences. [37 of 2009]
Appointment of Senior Superintendent
39. Where any prisoner commits any prison offence then on such prisoner being found guilty thereof, on an enquiry before the person in charge of the prison, the person in charge of the prison may impose any or all of the following punishments:
(a) reduction of diet to No. I punishment diet for any period not exceeding seven consecutive days;
(b) reduction of diet to No. II punishment diet for any period not exceeding fourteen consecutive days;
(c) suspension or postponement of any or all privileges for any period not exceeding twenty-eight consecutive days;
(d) forfeiture of remission for any period not exceeding thirty days;
(e) severe reprimand;
(f) reprimand; or
(g) suspended punishment.
39A. Notwithstanding anything to the contrary contained in this Act where a prisoner commits any prison offence the Director may appoint a Deputy Director, a Senior
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etc. to enquire into prison offence. [26 of 1975 37 of 2009]
Prisoner to be heard on his own behalf.
Entry of punishment in register
Appeal by prisoner.
Detention after date of discharge.
Supervision of prisoner under sentence of death.
Superintendent, a Superintendent or an Assistant Superintendent to enquire into the offence and if the prisoner is found guilty of the offence the person so appointed may impose any or all of the punishments specified in section 39.
40. No prisoner shall be punished until he has had an opportunity of hearing the charge against him and making his defence.
41. Where any punishment is imposed upon any prisoner then the Director or the person in charge of the prison, as the case may be, shall cause to be entered in a register to be kept for such purpose, a record of the punishment showing in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.
42. Any prisoner may, within forty-eight hours of the imposition of any punishment under section 39 appeal in writing to the Director who may allow the appeal, or reduce, confirm or increase such punishment as he may see fit.
43. Any punishment lawfully imposed on a prisoner under this Act or any Prison Rules may be carried into effect notwithstanding that the carrying into effect thereof may necessitate the detention of a prisoner beyond the date at which he would otherwise be entitled to be discharged from prison:
Provided that the period of such detention shall not exceed forty- eight hours, such period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.
44. Every prisoner under sentence of death shall be confined apart from other prisoners in a special cell, and shall be under constant supervision by day and by night.
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Access to prisoners under sentence of death.
Visiting justices.
Powers and duties of visiting justice.
Power to require released prisoner to notify address.
45. Except with the written permission of the Director, no person other than a member of the prison staff, the medical officer and a minister of the religious denomination to which the prisoner belongs, shall have access to any prisoner under the sentence of death.
PART VI GENERAL
46. (1) There shall be in respect of each prison in Guyana a Board of Visiting Justices, and the Minister may appoint for such time as may be specified in the appointment such and so many justices to be members of such Board.
(2) All judges of the High Court and magistrates shall be ex-officio visiting justices for each of the prisons of Guyana.
47. (1) A visiting justice may at any time visit any prison in respect of which he is a visiting justice, and may inspect any part of such prison, may enquire into and examine the food, diet, clothing, treatment and conduct of prisoners, may question any member of the prison staff or prisoner, may hear complaints from any prisoner, may enquire into any abuses and irregularities in any prison and shall ascertain as far as possible whether the provisions of this Act and the Prison Rules are being complied with, and may make a report upon any such matters to the Minister.
(2) A court composed of two visiting justices appointed under section 46(1) or of one ex-officio visiting justice, sitting in prison shall have all the powers of the Director in relation to the trial of any major or other prison offence or in relation to any appeal under section 42.
48. (1) The Minister may direct a convicted prisoner who has been released from prison to notify to the person in charge of a police station in the district in which the prisoner resides—
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[11 of 1959]
Coroner to hold inquest on death of prisoner.
Prisoner not to be punished twice.
Escape.
(a) his address within one week of such release;
(b) any change in his address which may have taken place during such period, in no case exceeding five years after such release, as may be specified in the direction within one week of such change.
(2) Any direction given under this section shall be served on the prisoner prior to his release from prison.
(3) Any prisoner who contravenes the provisions of any direction given under this section or who knowingly or recklessly notifies any false or incorrect address shall be guilty of an offence against this Act and liable on summary conviction to a fine of nine thousand seven hundred and fifty dollars or to imprisonment for two months.
49. It shall be the duty of the coroner having jurisdiction in the place where any prison is situate to hold an inquest upon the body of any prisoner on whom sentence of death is executed or who may die in such prison.
50. Nothing in this Act or in Prison Rules shall be construed to exempt any prisoner from being proceeded against for any offence by the ordinary court of law, but no prisoner shall be punished twice for the same offence:
Provided that nothing in this section shall be construed as derogating from the powers contained in sections 37 and 38 in relation to the infliction of all or any of the punishments therein set out.
51. Where any prisoner under sentence of imprisonment escapes, then the currency of the sentence which he is then undergoing shall be suspended from the day on which he escapes to the day on which he is recaptured so
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that he shall not be deemed to have served any part of his sentence during the period between the day on which he escaped and the day on which he was recaptured.
Escape punishable before magistrate.
Prohibited articles. [6 of 1997 37 of 2009]
52. Any prisoner who escapes or attempts to escape from lawful custody shall be liable on summary conviction to imprisonment for twelve months, and all remission earned by such prisoner up to the date of such offence shall be forfeited.
53. (1) Any person who without lawful authority—
(a) brings, throws, conveys or causes to be conveyed or supplied to any prisoner or introduce by any means into any prison, or hides or places for any prisoner or prisoners any prohibited article; or
(b) brings or throws or conveys or attempts to bring out of any prison or conveys from any prison any prohibited article,
shall be liable on summary conviction to a fine of seventy-five thousand dollars or to imprisonment for twelve months.
(2) The offender may be apprehended by anyone and taken before a magistrate to be dealt with according to law.
(3) Any prison or police officer who is convicted under this section shall in addition to any other punishment, be liable to forfeit his office and any arrears of salary due him and also any pension to which he may be entitled.
Communica- ting with prisoners. [6 of 1997 37 of 2009]
54. Any person, who without leave or lawful excuse interrupts or speaks to or in any way communicates with any prisoner shall be liable on summary conviction to a fine of ten thousand dollars or to imprisonment for three months.
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Assaulting, etc., prison officer. [6 of 1997 37 of 2009]
Making of Rules. Powers of Minister. [4 of 1972] [37 of 2009]
55. Any person who assaults, obstructs, or resists or aids or incites any other person to assault, obstruct or resist any prison officer in the execution of his duty, shall be liable on summary conviction to a fine of seventy-five thousand dollars or to imprisonment for eighteen months, and if the offender is a convicted prisoner, he shall be liable, upon conviction on indictment to imprisonment for two years consecutive to his current sentence.
56. The Minister may make rules generally for the good management and governance of prisons and prisoners and for carrying out the objects of this Act and without prejudice to the generality of such powers may make rules in relation to—
(a) the conditions of service and the powers, conduct, and duties of prison officers and members of the subordinate staff;
(b) the employment, classification, safe custody, separation, treatment and discipline of prisoners;
(c) the medical examination, measuring, photographing, taking of finger prints, and other records of prisoners;
(d) the remission of sentences to be allowed to prisoners and the manner and conditions under which such remissions are to be granted;
(e) the supply of money, food or clothing, or the means of travelling to prisoners on their discharge;
(f) the administration of the Prison Fines Fund;
(g) the proceedings, visits, duties and powers of
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visiting justices;
(h) the appointment, duties and powers of Visiting Committees;
(i) the conditions under which, and the manner in which, the sentence of death shall be executed;
(j) the conditions under which and the manner in which corporal punishment shall be inflicted;
(k) the means and methods of restraining refractory prisoners.
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SUBSIDIARY LEGISLATION
O. 90/1972 TIMEHRI REMAND CENTRE ORDER
made under section 3(1) (a)
Citation. 1. This Order may be cited as the Timehri Remand Centre Order.
Timehri Remand Centre.
2. The building known as the Guest House and the precints thereof, situate at Timehri on the East Bank of the Demerara immediately south of Soesdyke are hereby declared to be a prison or lock-up and shall be known as the Timehri Remand Centre.
O. 83/1980 PRISON (MELANIE DAMISHANA) ORDER
made under section 3(1)
Citation. 1. This Order may be cited as the Prison (Melanie Damishana) Order.
Declaration of buildings known as Prison Camp at Melanie Damishana to be a prison.
2. The buildings known as the Prison Camp at Melanie Damishana, East Coast Demerara, are hereby declared to be a prison or lock-up and shall be known as the Melanie Damishana Prison.
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[Subsidiary] Prison (Lusignan) Order Prison (Belbaag) Order
O. 84/1980 PRISON (LUSIGNAN) ORDER
made under section 3(1)
Citation. 1. This Order may be cited at the Prison (Lusignan) Order.
Declaration of former Lusignan hospital complex to be a prison.
2. The buildings, formerly the hospital complex at Lusignan, East Coast Demerara, are hereby declared to be a prison or lock-up and shall be known as the Lusignan Prison.
O. 22/1981 PRISON (BELBAAG) ORDER
made under section 3 (1)(a)
Citation.
Order. 1. This Order may be cited as the Prison (Belbaag)
Declaration of Buildings known as the Prison Camp at Belbaag to be a prison.
2. The building known as the Prison Camp at Belbaag, East Coast Demerara, is hereby declared to be a prison or lock-up and shall be known as the Belbaag Prison.
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DECLARATION OF PRISONS made under section 3 (2)
The following prisons were published under the Prisons Ordinance 1892 (Cap. 83 1953 Ed. ) and were declared by section 3(2) of the Act to be prisons for the purposes of the Act:
Convict Prison – O. in C. 1/12/1939
O. in C. 27/5/1927
O. in C. 21/10/1921
The Buildings at Mazaruni, Essequibo which are known as the Penal Settlement.
Joint prisons –
(1) The Georgetown Gaol situate at Lot 12, Camp Street, in the City of Georgetown.
(2) The New Amsterdam Gaol situate at Penitentiary Walk in the Town of New Amsterdam.
Ordinary prisons –
O. in C. 2/10/1923
(1) The prison at Kamakusa in the Mazaruni Diamonds Fields.
O. 30/ 1961 (2) The prison at Enachu in the Mazaruni River.
O. in C. (3) The place of confinement situate at Lethem in the 3/1952 Rupununi District.
O. in C. 4/1952
(4) The place of confinement situate at Mabaruma in the North West District.
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[Subsidiary] Prison Rules
PRISON RULES
ARRANGEMENT OF RULES
RULES
1. Citation. 2. Constitution of Committees. 3. Meetings. 4. Chairman. 5. Minutes. 6. Visits to prison. 7. Committee to assist Superintendent. 8. Reports to Minister. 9. Investigation of reports. 10. Free access to prison. 11. Investigation of complaint. 12. Inspection of diets. 13. Inspection of books. 14. Power to allow additional visit or letter. 15. Inquiry into state of buildings. 16. Annual report. 17. Consultation with Director. 18. Interest in contracts. 19. Service on coroner’s jury.
PART II STAFF
20. Responsibility of officer in charge. 21. Orders and instructions. 22. Medium of communication. 23. Interview on admission and release. 24. Complaints to be recorded and to be forwarded.
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RULES 25. Journal. 26. Examination of letters, etc. 27. Inspections. 28. Daily cell inspections. 29. Accounting for prisoners. 30. Responsibility of staff. 31. Searching vehicles. 32. Visitors, etc. 33. Making sketches, etc. 34. Irregularities. 35. Absence from quarters. 36. Handing over. 37. Medical care. 38. Death of a prisoner. 39. Jurors and inquests. 40. Fitness for punishment. 41. Attendance at corporal punishment. 42. Attendance at capital punishment. 43. Visits to prisoners on punishment diet. 44. Inspection of diets. 45. Staff to be aware of general principles.
46. Infirmary. Medical Officer
47. General care of sick prisoners. 48. Daily attendance. 49. Attention to staff. 50. Labour classification. 51. Examination on removal or discharge. 52. Reports of illness. 53. Consultations. 54. Reports for Minister. 55. Duty to report certain cases. 56. Recommendations for change of treatment, etc. 57. Special diets. 58. Suicidal or homicidal tendencies. 59. Suspected lunacy. 60. Notice of prisoners seriously ill.
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RULES
61. Corporal punishment, duties, etc. 62. Report on prisoners charged with capital offences. 63. Fitness for punishment or restraint. 64. Journals. 65. Inspection of food. 66. Various duties. 67. Record of changes of treatment. 68. Infectious diseases. 69. Conformity to Rules. 70. Annual report. 71. General hygiene. 72. Sanitary inspection. 73. Personal cleanliness. 74. Toilet articles. 75. Tooth-brushes. 76. Dental treatment. 77. Artificial dentures and spectacles.
Chief Officer
78. Chief Officer. 79. Absence from quarters. 80. Assignment of duties of staff. 81. Visits to work parties, etc. 82. Keys, etc. 83. Instruction of staff. 84. Inspections. 85. Observation of staff and prisoners. 86. To report members of staff late for duty, etc. 87. Checking muster, etc. 88. Reports to officer in charge. 89. Night visits. 90. Surprise searches. 91. Delegation of duties of officer in charge. 92. Conduct.
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RULES Woman Principal Officer
93. Status. 94. Absence from quarters. 95. Care and superintendence of female prisoners. 96. Female prisoners to be searched by female officers. 97. To detail duties of female officers. 98. To exercise personal supervision over women’s prison. 99. Night visits.
100. Toilet articles. 101. Journal. 102. Male persons entering women’s prison.
Storekeeper
103. Accounting for stores. 104. Duty to report deficiencies. 105. Marking of articles. 106. Stores Regulations. 107. Requisitions. 108. Inspection of ledgers, etc. 109. Inventories. 110. Economy. 111. Unserviceable stores. 112. Report of unserviceable articles. 113. Weights and measures. 114. Prison produce. 115. Manufactured goods.
Kitchen Officer
116. Qualification. 117. Responsibility, etc. 118. Trafficking. 119. No person to enter kitchen without cause. 120. Quality, etc. of food. 121. Prevention of theft.
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RULES
122. Cupboards, etc. 123. Prisoners employed. 124. Delivery of diet by prisoners. 125. Unauthorised requests. 126. Fire prevention. 127. Cleanliness, etc. 128. Medical fitness. 129. Food covers. 130. Searching.
Master Baker
131. Responsibility. 132. Unauthorised entry to bakehouse. 133. Baking of bread. 134. Storage of bread. 135. Unauthorised baking. 136. Keys, etc. 137. Medical fitness. 138. General cleanliness. 139. Clean clothing. 140. Clean hands. 141. No property to be left in bakehouse. 142. Flour bags. 143. Fire prevention.
Officers in Charge of Workshops or Work Parties
144. Discipline and instruction. 145. Manufactured articles. 146. Work to be authorised by officer in charge. 147. Economy. 148. Responsibility for materials, issued. 149. Responsibility for tools, etc. used. 150. Worn out tools.
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RULES Gatekeeper
151. Qualification. 152. Gatekeeper to ascertain bona fides. 153. Departures of subordinate staff. 154. Entry of staff off duty. 155. Members of the press. 156. Gate journal. 157. Record of vehicles. 158. Record of late arrivals. 159. Keys. 160. Arms, etc. 161. Civility. 162. Security. 163. Searching. 164. Conduct of members of the staff. 165. Muster.
Prison Officers Generally
166. Acquaintance with laws. 167. Chain of responsibility. 168. Discipline and training. 169. Familiarity. 170. Discussion of private affairs. 171. Striking of prisoners. 172. Punishment. 173. Control of prisoners. 174. Matters of discipline not to be discussed in hearing of prisoners. 175. Misconduct, etc., to be reported. 176. Work parties. 177. Neatness. 178. Return of clothing and equipment. 179. Security of keys. 180. Visitors. 181. Abuses. 182. Reporting cases of illness.
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RULES
183. Trafficking. 184. Unauthorised gratuities. 185. Unauthorised communications. 186. Search of officer. 187. Communications to the press. 188. Quarters. 189. Reporting sick. 190. Injury on duty. 191. Disagreement on points of duty. 192. Complaints on duties. 193. Unofficial business. 194. Monetary transactions. 195. Transfer. 196. Assistant officer on joining to be on probation. 197. Public Service Commission approval in certain cases. 198. Physical fitness. 199. Defence to charges in writing. 200. Witnesses. 201. Assistance of friend in service. 202. Interdiction. 203. Quarters. 204. Political activities. 205. Pecuniary embarrassment. 206. Arrest or bankruptcy proceedings. 207. Handing over. 208. Infectious diseases. 209. Cell opening at night.
The Prison Fines Fund
210. Fund administered by Director. 211. Payment of fines into Post Office Savings Bank. 212. Capital and income accounts. 213. Application of sums at credit of income account. 214. Application of sums at credit or capital account. 215. Audit.
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RULES
PART III GENERAL RULES FOR THE TREATMENT OF PRISONERS
216. Application on Part III.
Classification and Training
217. Training and treatment. 218. Classes of prisons. 219. Work, etc. 220. Classification. 221. Transfer to different classes. 222. Privileges. 223. Conditions of employment of prisoners on certain work.
Accommodation
224. Sleeping accommodation. 225. Bedding, etc. 226. Light. 227. Conditions to be observed in mixed prisons. 228. Fire precaution.
Reception
229. Committals. 230. Receptions. 231. Search. 232. Retention of property. 233. Private property. 234. Bulky articles. 235. Temporary release of clothing. 236. Description of prisoner to be recorded. 237. Photographs and finger prints. 238. Baths.
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RULES
239. Medical examination. 240. Babies.
Information to Prisoners
241. Providing information. 242. Explaining information.
Removal and Discharge
243. Protection from public view. 244. Final interview with officer in charge. 245. Final interview with Medical Officer. 246. Return of clothes. 247. Day of discharge.
Deaths of Prisoners
248. Record to be kept of death of prisoner. 249. Notice to Coroner, etc. 250. Delivery of body to relatives.
General Discipline and Control
251. General principles. 252. Instruction of female prisoners. 253. Use of force. 254. Prisoners given limited responsibility. 255. Temporary work in cell.
Remission
256. Conditions of remitting sentence. 257. Earliest day of discharge to be recorded within 48 hours. 258. Forfeiture of remission to be calculated in days. 259. Extra remission. 260. Special reports.
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RULES Punishments
261. Officer in charge to be present at infliction of corporal punishment. 262. Punishment diets. 263. Confinement cells. 264. Certification as to fitness for punishment.
Restraints 265. Mechanical restraints. 266. Means of restraint. 267. Forms. 268. Returns. 269. Special cells.
Work
270. General requirement of work. 271. Unauthorised work.
271A. Payments of monies earned by prisoner.
Religion
272. Recording of denomination. 273. Visits by special ministers. 274. Chaplains. 275. Services. 276. Visits. 277. Interviews. 278. Proselytising prohibited. 279. Conformity to Rules. 280. Religious books.
Education and Libraries
281. Classes. 282. Libraries. 283. Teachers.
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RULES 284. Programme of work. 285. Reports. 286. Discipline. 287. Books.
Social Relations
288. Communication between prisoner and his family. 289. Prisoner welfare. 290. Notification to next of kin.
Letters and Visits
291. Normal minimum provision for letters. 292. Normal minimum provision for visits. 293. Period of visit. 294. Temporary transfer for visits. 295. Communication with ex-prisoner. 296. Letters and visits generally. 297. Deferment in case of cellular confinement. 298. Additional letters and visits. 299. Letters in lieu of visit. 300. Christmas letters. 301. Special letters and visits.
Visits for Special Purposes
302. Visits by police. 303. Facilities for interview with legal advisers. 304. Special purposes visit not to be forfeited.
Food
305. Quality of food. 306. No private food. 307. Quantity of food.
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RULES Clothing
308. No private clothing. 309. Private clothing in certain circumstances. 310. Protective clothing.
PART IV SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS
Untried Prisoners
311. Untried prisoners. 312. Separation. 313. Employment of other prisoners. 314. Food. 315. Clothing. 316. Hair cutting and shaving. 317. Supply of books, etc. 318. Work not to be compulsory. 319. Visits generally. 320. Special visits. 321. Prisoners in default of bail. 322. Visits by medical advisers. 323. Letters and other facilities for defence. 324. Forfeiture of privileges. 325. Sale of articles.
Appellants
326. Application of Rules. 327. Clothing when absent from prison. 328. Ordinary visits. 329. Visits of medical practitioners. 330. Other visits. 331. Writing materials.
Convicted Prisoners Awaiting Sentence or Remanded 332. Facilities for making representations.
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RULES Prisoners under Sentence of Death
333. Search. 334. Separation and supervision. 335. Visits.
Civil Prisoners
336. Application of Rules. 337. Association and separation. 338. Clothing. 339. Remission. 340. Visits and letters.
PART V MISCELLANEOUS
341. Petitions to President. 342. Communication with judge, etc., prohibited.
FIRST SCHEDULE – Forms.
SECOND SCHEDULE – Punishment – Diet No. I and No. II.
THIRD SCHEDULE – Forms.
R. 4/1957 2/1959 4/1961 6/1962 1/1965 4/1969 1/1975 1/1990
Citation.
PRISON RULES
made under section 56
1. These Rules may be cited as the Prison Rules and
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shall come into operation on 17th September, 1957.
PART I VISITING COMMITTEES
Constitution of Committees.
Meetings.
Chairman. [R. 1/1965]
Minutes.
Visits to prison.
2. (1) A Visiting Committee shall be appointed for every prison and shall be constituted in accordance with these Rules.
(2) The Visiting Committee for any prison shall consist of five members appointed annually by the Minister, and shall continue to hold office until their successors have met and taken over their duties.
(3) The Minister may appoint a Secretary to the Visiting Committee.
3. (1) The Visiting Committee shall meet at least once every three months and shall hold their first meeting not later than one month after they have been appointed.
(2) At any meeting of the Visiting Committee three members shall form a quorum.
4. The Minister responsible for home affairs for the time being shall nominate a member of the Visiting Committee to be the Chairman.
5. The Visiting Committee shall keep minutes of their proceedings.
6. Visits shall be paid to the prison at least once in every month by one or more members of the Committee and so far as practicable all such visits shall be paid by not less than two members of the Committee.
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Committee to assist Director.
Reports to Minister.
Investigation of reports.
Free access to prison.
Investigation of complaint.
7. The Visiting Committee shall co-operate with the Director in promoting the efficiency of the prison and shall assist the Director with advice and suggestions as to the employment, education, recreation and welfare of the prisoners.
8. The Visiting Committee shall bring to the notice of the Director or, if they think fit, of the Minister any circumstances connected with the administration of the prison which appear to them to require the consideration of the Director or of the Minister as the case may be.
9. The Visiting Committee shall attend to any report which they receive as to the mind or body of any prisoner being likely to be injured by the discipline or treatment to which he is subjected and shall communicate their opinion to the Minister. If the case is urgent they shall give such directions thereon as they deem expedient, and communicate the same to the Minister.
10. The Visiting Committee shall have free access to all parts of the prison and to all prisoners, and may see any such prisoners as they desire either in their cells or in a room out of sight and hearing of prison officers:
Provided that where prisoners are seen in a room as aforesaid there shall be at least two members of the Visiting Committee present.
11. (1)The Visiting Committee shall hear and investigate any application or complaint which any prisoner may desire to make to them; and if necessary, report the same with their opinion to the Minister.
(2) The Visiting Committee shall record in their minute book their findings on such applications or complaints investigated by them, and the results of all visits to, and
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inspections of, the prison.
Inspection of diets.
Inspection of books.
Power to allow additional visit or letter.
Inquiry into state of buildings.
Annual Report.
Consultation with Director.
12. The Visiting Committee shall inspect the dietary of the prisoners, and if they find the quality of any food unsatisfactory they shall report the matter to the Director and note the same in their minute book, and the Director shall thereupon take such steps as may be necessary or as may be directed by the Committee to ensure and maintain the supply of suitable food to the prisoners.
13. The Visiting Committee may inspect any of the books of the prison.
14. The Visiting Committee may, in any case of special importance or urgency, allow a prisoner an additional visit or letter or prolong the period of a visit.
15. The Visiting Committee may inquire into the state of the prison buildings, and if any repairs or additions appear to them to be necessary shall report thereon with their advice and suggestions to the Director.
16. The Visiting Committee shall make an annual report at the end of each year to the Minister with regard to all or any of the matters referred to in these Rules, or to such other matters appertaining to the prison as they may deem expedient; and they may make such other reports to the Minister as they consider necessary concerning any matter to which, in their opinion, attention should be called.
17. The Visiting Committee shall, before granting any permission which by these Rules they are authorised or required to grant, satisfy themselves by consultation with the Director that it can be granted without interfering with the security, good order and government of the prison and the prisoners therein and if after it has been granted its continuance seems likely to cause any such interference, or the prisoner has abused the permission or has been guilty of
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any misconduct, they may suspend or withdraw the permission.
Interest in contracts.
Service on coroner’s jury.
Responsibility of officer in charge.
18. Any person who has any interest in any contract relating to any prison shall be disqualified from being appointed or continuing as a member of the Visiting Committee appointed in respect of that prison.
19. No member of a Visiting Committee shall sit on any coroner's jury inquiring into the death of a prisoner.
PART II STAFF
The Officer in Charge of a Prison
20. The officer in charge of a prison (hereinafter referred to as "the officer in charge") shall hold a rank not lower than that of Assistant Superintendent and shall be responsible for –
(a) the good order, discipline and management of the prison under his control;
(b) the safe custody of the prisoners;
(c) the care of all buildings and other property of the prison;
(d) the economical use of money and stores;
(e) ensuring that advantageous use is made of the labour of prisoners;
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(f) the keeping of such books and the making of such returns as may be required;
(g) ensuring that every prisoner is released on the day on which he is entitled to release;
(h) ensuring that male and female prisoners are kept apart and that no key of the male division can be used to unlock any door or gate of the female division of the prison.
Orders and instructions.
Medium of commun - ication.
Interview on admission and release.
Complaints to be recorded and to be forwarded.
21. The officer in charge shall ensure that these Rules and all Standing Orders and instructions from time to time issued for the good management of the prison and the guidance of the prison staff are brought to the notice of and strictly complied with by the members of such prison staff.
22. (1) The officer in charge shall be the medium of communication between any superior authority or any person outside of the prison and the members of the prison staff or the prisoners within the prison.
(2) The officer in charge shall forward without delay to the Director any report or petition received by him and addressed to the Minister and he may append thereto any comments he may think fit to make.
23. The Officer in charge shall interview all prisoners not later than forty-eight hours after their reception and he shall again interview them just prior to release.
24. (1) Arrangements shall be made that every request by a prisoner to see the officer in charge, or the Director, or a member of the Visiting Committee, shall be recorded by the officer to whom it is made and conveyed without delay to the officer in charge.
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(2) The officer in charge shall at a convenient hour in every day, other than public holidays, hear the applications of all prisoners who have made a request to see him, and shall inform the Director or member of the Visiting Committee on his next visit to the prison of every request by a prisoner to see the Director or member as the case may be.
Journal.
Examination of letters, etc.
25. The officer in charge shall keep a journal in his own hand- writing in which he shall record—
(a) any occurrences of importance in the prison;
(b) each occasion upon which he hands over to another officer the charge of the prison, specifying the reason and authority for so doing; and
(c) such other matters as are by these Rules required to be recorded.
26. (1) The officer in charge shall not allow any letter or other document to pass from or to any prisoner until it has been read and initialed by him or by an officer deputed by him and he may use his discretion in communicating to or withholding from a prisoner the contents of any letter or other communication addressed to such prisoner on the grounds that its contents are objectionable or that it is of inordinate length.
(2) The officer in charge shall not permit any prisoner to keep in his possession any writing materials:
Provided that the Director may in any particular case authorise the use of writing materials by a prisoner on such conditions as he may think fit.
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Inspections. [R. 1/1975]
Daily cell inspections.
Accounting for prisoners.
Responsibility of staff.
Searching vehicles.
27. (1) The officer in charge or his deputy shall exercise a close and constant personal supervision of the whole prison, and shall visit and inspect daily all parts of the prison where prisoners are employed or confined. He shall see every prisoner daily, and shall give special attention to any who are sick, or under restraint, or confined to their cells.
(2) The officer in charge and every other officer not lower than the rank of Chief Officer attached to that prison shall from time to time visit the prison during the night and satisfy himself as to the state of the prison. Such visits shall be made at varying intervals and at varying times and not less than five times a month.
(3) The officer in charge shall visit regularly all working parties of prisoners.
28. The officer in charge shall ensure that all cells, whether occupied or not, are carefully examined daily and that prisoners considered to be dangerous do not occupy adjoining cells.
29. The officer in charge shall cause reports to be made to him accounting for all prisoners at the daily opening and closing of the prison, at such hours as they may go to and return from labour and at such other times as he may consider necessary.
30. The officer in charge shall see that the officers and members of the staff present a smart and clean appearance and that they are properly instructed in all matters connected with their duties, including the use of firearms; he shall ensure that all firearms and ammunition are kept in good condition.
31. The officer in charge may order the examination of all vehicles entering or leaving the prison.
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Visitors, etc.
Making sketches, etc.
Irregularities.
Absence from quarters.
32. (1) The officer in charge shall permit visits to prisoners in accordance with these Rules and may, if he suspects that any person is attempting to convey prohibited articles into or out of the prison, cause such person to be searched before admission to or departure from the prison. If any such person refuses to be searched before admission to the prison he may prevent such person from entering the prison, and if such person refuses to be searched before departure from such prison he may cause him to be forcibly detained and searched.
(2) The officer in charge may cause to be removed from the prison any visitor who behaves in an improper manner.
(3) The officer in charge may, without assigning any reason therefor, refuse admission to a visitor.
(4) The officer in charge may refuse admission to an ex-prisoner visiting a prisoner except in known or proven cases of close blood relationship.
33. (1) The officer in charge shall ensure that no person authorised to view the prison makes any sketch or takes any photograph therein or communicates with any prisoner or prisoners except with the authority of the Director.
(2) The officer in charge shall not, except as provided by law or as ordered by the Director, allow any person to view the prison.
34. The officer in charge shall immediately report to the Director any serious irregularity, accident or other extraordinary event which may occur.
35. The officer in charge shall not, without the consent
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[R. 1/1975] of the Director—
(a) absent himself from his quarters for a night; or
(b) permit the Superintendent, Assistant Superintendent, Chief Officer or Woman Principal Officer to be absent from their quarters for a night.
Handing over.
Medical care.
Death of a prisoner.
Jurors and inquests.
36. The officer in charge shall ensure that when he is absent from the prison the officer next in authority under him shall be present and he shall, before leaving the prison, inform such officer where he may be found in the event of any emergency.
37. The officer in charge shall take steps to ensure that no sick prisoner is left without proper medical attention, and that the directions of the Medical Officer are at all times strictly and carefully carried out.
38. The officer in charge shall where the death of a prisoner comes to his knowledge, give immediate notice thereof to—
(a) the Director;
(b) the coroner;
(c) the Chairman of the Visiting Committee; and
(d) whenever practicable, the nearest relative of the deceased.
39. (1) If any officer, member of the staff of the prison, prisoner, or person under contract to supply anything for the service of the prison is summoned as a juror on any inquest held on the body of a prisoner who has died in prison, the
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officer in charge shall bring such fact to the attention of the coroner.
(2) The officer in charge shall supply to the coroner the name of any prisoner who wishes to give evidence in the case of an inquest to be held on the body of a prisoner.
(3) The officer in charge shall after any inquest touching the death of a prisoner has been held, report to the Director the finding of the jury and such other circumstances as may arise at the inquest.
Fitness for punishment.
Attendance at corporal punishment.
Attendance at capital punishment.
Visits to prisoners on punishment diet.
Inspection of diets. [R. 1/1975]
40. The officer in charge shall ensure that no prisoner is subject to any punishment unless the Medical Officer is satisfied that such prisoner is capable of undergoing such punishment.
41. The officer in charge shall be present at every administration of corporal punishment and shall record full details of each case in his journal and in the prisoner's record.
42. The officer in charge shall be present at all executions, and shall issue a certificate in respect thereof in the form set out as Form 1, in the First Schedule.
43. The officer in charge shall ensure that every prisoner undergoing punishment diet No. I is visited during the day at intervals of not more than three hours.
44. The officer in charge shall each day inspect the food supplied for diets both before and after cooking, and if any question arises as to the quantity or quality of any food he shall cause it to be examined and reported on by the Medical Officer. Upon the report of such examination the officer in charge shall give such directions as may appear to him to be necessary; and shall record the incident, together with any directions given by him in his journal, and shall report the matter to the Director.
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Staff to be aware of general principles.
Infirmary.
General care of sick prisoners.
Daily attendance.
45. The officer in charge shall, so far as may be possible, impress upon all members of the staff the importance of—
(a) the training and development of prisoners with a view to enabling them to become responsible citizens;
(b) creating in the minds of prisoners the desire to lead an honest and industrious life; and
(c) the necessity to strengthen and improve the mental, physical and industrial ability of prisoners.
Medical Officer
46. A suitable part of every prison shall be equipped and furnished in a manner appropriate for the medical care and treatment of sick prisoners and staffed by properly trained officers.
47. The Medical Officer shall have the general care of the health of the prisoners and shall attend all sick prisoners.
48. (1) The Medical Officer shall, subject to the provisions of paragraph (2), visit the prison every day and shall see every prisoner—
(a) who is sick;
(b) who is undergoing dietary punishment;
(c) who is under sentence of death; or
(d) to whom his attention is specially directed. He shall also visit the prison
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at any other time if required to do so in any emergency by the officer in charge.
(2) The Medical Officer may use his discretion as to his attendance at the prison on Sundays, Christmas Day, Good Friday or Easter Sunday. He shall, however, arrange so that he can be called in the event of any emergency.
Attention to staff.
Labour classification.
Examination on removal or discharge.
Reports of illness.
Consultations.
49. The Medical Officer shall attend free of charge all prison officers who apply for treatment at the prison, or whom it may be desirable for special reasons that he should visit at their homes.
50. The Medical Officer shall examine every prisoner on admission recording in his journal and in the prisoner's record the state of health and the class of labour from among the categories prescribed in Standing Orders which each such prisoner is capable of performing.
51. The Medical Officer shall examine every prisoner before discharge or removal to another prison, and in each case of removal a certificate in the Penal Record shall be signed by the Medical Officer. In the case of discharge, the Medical Officer shall sign the discharge list and make such special remarks therein as he thinks necessary.
52. The Medical Officer shall attend as soon as possible on receiving information of the illness of a prisoner.
53. (1) The Medical Officer may at his discretion call into consultation any other Government Medical Officer, and shall do so, if possible, before a serious operation is performed upon a prisoner, unless, in his opinion, it is essential for the operation to be performed immediately.
(2) The Medical Officer shall keep a record of the
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occasions on which, in accordance with this Rule, he consults another Government Medical Officer and of the circumstances in which serious operations are performed without consultations.
Reports for Minister.
Duty to report certain cases.
Recommend - ations for change of treatment, etc.
54. (1) The Medical Officer shall report to the officer in charge and to the Director any matter which appears to him to require the consideration of the Minister on medical grounds, and the Director shall send such report to the Minister.
(2) The Medical Officer shall, when requested by the officer in charge, examine any prisoner and shall forward a report in writing on such prisoner to the officer in charge. Where the officer in charge requests that the examination be carried out on a particular day the Medical Officer shall examine the prisoner on that day.
55. Whenever the Medical Officer has reason to believe that a prisoner's mental or physical health is likely to be injuriously affected by continued imprisonment or by any conditions of his imprisonment or that the life of a prisoner will be endangered by imprisonment, or that a sick prisoner will not survive his sentence, or is totally or permanently unfit for imprisonment, he shall, without delay, report his opinion and the grounds thereof in writing to the officer in charge who shall forward the relevant documents to the Director for transmission to the Minister.
56. The Medical Officer may, if he thinks fit, report in writing to the officer in charge on any prisoner and, where he considers it necessary on medical grounds to do so, may make recommendations for the alteration of the diet or treatment of the prisoner, or for the supply to him of additional clothing, bedding or other articles. The officer in charge shall carry such recommendations into effect as far as is practicable and shall inform the Director accordingly.
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Special diets.
Suicidal or homicidal tendencies.
Suspected lunacy.
Notice of prisoners seriously ill.
Corporal punishment, duties, etc.
Report on prisoners charged with capital offences.
57. Where the Medical Officer prescribes any diet or treatment not provided for in these Rules, he shall report to the officer in charge in writing the reasons for such special diet or treatment.
58. The Medical Officer shall draw the attention of the officer in charge to any prisoner whom he suspects of suicidal or homicidal tendencies in order that special observation may be kept on such prisoner, and the officer in charge shall without delay direct that such prisoner be kept under observation in accordance with any directions of the Medical Officer.
59. The Medical Officer shall keep under special observation every prisoner whose mental condition appears to require it, and shall take such steps as may be necessary for his segregation.
60. The Medical Officer shall give notice to the officer in charge when any prisoner appears to him to be seriously ill. The officer in charge shall forthwith notify the Chaplain or Priest of the religious denomination to which the prisoner belongs and, also, the nearest relative of the prisoner.
61. The Medical Officer shall examine every prisoner about to undergo corporal punishment and shall be present during the administration of such punishment and he may at any time order that such punishment shall not be inflicted or shall be stopped if he is of the opinion that the infliction or the further infliction of such punishment as the case may be is likely to endanger the health of the prisoner.
62. (1) A prisoner charged with a capital offence shall be kept under special observation at all times by the Medical Officer who shall keep a written record of the physical and mental condition of the prisoner.
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(2) The Medical Officer shall submit a report to the Director of Public Prosecutions on the mental condition of such prisoner not less than three days before the date of the trial. If, from symptoms observed while under observation in the prison, the Medical Officer is of the opinion that the prisoner is insane, or if the Medical Officer is of the opinion that there is a distinct history of periodical attacks of insanity followed by intervals of mental clearness and that the prisoner has been enjoying a lucid interval while under observation in the prison, the report shall embody such opinion.
(3) The Medical Officer shall be present at all executions and shall issue a certificate in respect thereof in the form set out as Form 11 in the First Schedule.
Fitness for punishment or restraint.
Journals.
Inspection of food.
63. The Medical Officer shall examine all defaulters and record whether they are fit to receive dietary punishment, close confinement or corporal punishment, as the case may be.
64. The Medical Officer shall ensure that the following books are kept:
(a) Medical Officer's Journal;
(b) Record of prisoners reporting sick;
(c) Ward Occurrence Book;
(d) Daily Treatment Book;
(e) Medical Officer's Recommendation Book.
65. The Medical Officer shall frequently inspect both the cooked and uncooked food of the prisoners and shall
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Various duties.
Record of changes of treatment.
Infectious diseases.
Conformity to Rules.
Annual report.
report thereon to the officer in charge whenever he thinks fit. 66. The Medical Officer shall sign—
(a) every order relating to the diet of a prisoner under medical treatment;
(b) every order requiring any variation in the diet, clothing or treatment of a prisoner undergoing medical treatment;
(c) every requisition for any article required in his department.
67. The Medical Officer shall enter on the medical history sheets of all prisoners under his care any change in the diet or treatment.
68. (1) The Medical Officer shall report all infectious diseases to—
(a) the officer in charge; and
(b) the Director.
(2) The report shall state what precautions have been taken to prevent the spread of the disease and shall give an opinion as to the source of the disease with any recommendations that may be necessary.
69. The Medical Officer shall conform to these Rules and shall, in the performance of his duties, assist the officer in charge in the maintenance of discipline and the safe custody of the prisoners.
70. The Medical Officer shall at the end of each year
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forward to the officer in charge his annual report containing such statistics and other particulars as may be required.
General hygiene.
Sanitary inspection.
Personal cleanliness.
Toilet articles.
Toothbrushes.
Dental treatment.
71. The Medical Officer shall oversee and shall advise the officer in charge upon the hygiene of the prison and the prisoners, including arrangements for cleanliness, sanitation, lighting and ventilation.
72. The Medical Officer shall inspect every part of the prison at least once every three months and report in writing on the sanitary arrangements in the prison to the officer in charge who shall take what action he considers necessary, and shall forward the report with his comments to the Director.
73. (1) Arrangements shall be made for every prisoner to wash with soap daily at all proper times and for men (unless excused or prohibited on medical or other grounds) to shave frequently and to have their hair cut as required.
(2) The hair of a male prisoner may be cut as short as is necessary for good appearance and the maintenance of health and cleanliness.
(3) The hair of a female prisoner shall not be cut without her consent, except by the direction of the Medical Officer for the eradication of vermin, dirt or disease.
74. Every prisoner shall be provided on admission with such toilet articles as are necessary for cleansing his teeth and person and arrangements shall be made for the replacement of these articles when necessary.
75. A prisoner whose sentence has expired may take his tooth- brush out of prison.
76. A prisoner requiring dental treatment may, on the
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directions of the Medical Officer and subject to the next succeeding rule, have such dental treatment as may be necessary carried out by a Government Dental Officer.
Artificial dentures and spectacles.
Chief Officer [R. 1/1975].
Absence from quarters.
Assignment of duties of staff.
Visits to work parties, etc.
77. Artificial teeth and spectacles shall only be provided for any prisoner if payment therefor is made on his behalf and if the Medical Officer certifies them to be necessary in the interests of the prisoner's health or, in the case of spectacles, to enable him to work:
Provided that where the officer in charge is satisfied that the prisoner cannot have the cost or some part thereof paid for on his behalf such artificial teeth or spectacles shall be supplied from such public funds as may be available to meet their cost or the outstanding part thereof.
Chief Officer
78. The most Senior Officer shall be the officer next in authority to the officer in charge and whenever the officer in charge is absent or, for any cause unable to attend to his duties, the charge of the prison shall be entrusted to that Officer.
79. The Chief Officer shall not without the authority of the officer in charge be absent from his quarters for a night.
80. The Chief Officer shall detail the duties of the staff and arrange that all work parties are suitably supplied with labour.
81. The Chief Officer shall visit all work parties within the prison each day and shall visit other work parties at such times as the officer in charge may require. He shall see that the prisoners have sufficient work and are kept steadily at labour, and shall ensure that every prisoner is assigned to a work party as soon as possible, and not more than forty-eight
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Keys, etc.
Instruction of staff.
Inspections.
Observation of staff and prisoners.
To report members of staff late for duty, etc.
Checking muster, etc.
Reports to officer in charge.
Night visits.
Surprise searches.
hours, after his reception. 82. The Chief Officer shall ensure that all keys and
arms and ammunition are kept in the proper place and in good condition.
83. The Chief Officer shall ensure that all members of the staff are properly instructed in their duties and in the use of their arms.
84. The Chief Officer shall frequently inspect every part of the prison and see that the cells are kept clean and in good order and that all means of security are effective.
85. The Chief Officer shall carefully observe the behaviour and general demeanour of the staff and of all prisoners and shall report on his observations to the officer in charge. Any neglect or misconduct observed by him shall be reported immediately.
86. The Chief Officer shall report to the officer in charge any officer reporting late for duty or the absence from duty without leave of any member of the staff.
87. The Chief Officer shall attend the checking of the muster at all times and shall attend all duty mounting and dismounting parades of the staff.
88. The Chief Officer shall inform the officer in charge of anything likely to affect the safety, security or health of the prisoners or of any matter in relation to the efficiency of the staff.
89. The Chief Officer shall visit the prison and all posts, at an uncertain hour at night not less than five times every month.
90. The Chief Officer shall ensure that every prisoner
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and his cell are specially searched once every fortnight at uncertain intervals and shall ensure that no prisoner has prior knowledge of such search.
Delegation of duties of officer in charge. [R. 1/1975]
Conduct.
91. The officer in charge may delegate to a Superintendent, an Assistant Superintendent or a Chief Officer such duties as the Director may from time to time authorise to be delegated.
92. The Chief Officer shall at all times set an example to his subordinates by his conscientious performance of his duties.
Woman Principal Officer Status. [R. 4/1960]
Absence from quarters.
Care and super- intendence of female prisoners.
Female prisoners to be searched by female officers.
To detail duties of female officers.
To exercise personal supervision
93. The Woman Principal Officer of a prison shall be a qualified midwife and shall be subordinate to the officer in charge.
94. Where quarters are provided in the precincts of the prison the Woman Principal Officer shall not be absent from the prison for a night without the permission of the officer in charge.
95. The Woman Principal Officer shall have the care and superintendence of all female prisoners and the keys of all the locks of the part of the prison set aside for female prisoners shall be in her custody.
96. The Woman Principal Officer shall ensure that female prisoners are attended and searched only by female officers.
97. The Woman Principal Officer shall detail the duties of all female officers and shall arrange that all female prisoners are suitably supplied with labour.
98. The Woman Principal Officer shall exercise a close
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over women’s prison.
Night visits.
Toilet articles.
Journal.
Male persons entering women’s prison.
Accounting for stores.
Duty to report deficiencies.
and constant personal supervision over the parts of the prison set aside for female prisoners and shall visit and inspect daily all parts of the prison where female prisoners are employed or accommodated. She shall give special attention to every female prisoner who is sick or under restraint, or is confined to her cell or upon Punishment Diet No. I.
99. The Woman Principal Officer shall at least five times in every month, visit during the night the part of the prison set aside for female prisoners and satisfy herself as to its state.
100. The Woman Principal Officer shall ensure that all female prisoners receive toilet articles necessary for their health and cleanliness.
101. The Woman Principal Officer shall keep a daily journal and shall record all special occurrences therein.
102. The Woman Principal Officer shall ensure that no male person other than the Director, the officer in charge, the Medical Officer or a Chaplain or priest is allowed to enter the part of the prison set aside for female prisoners without the permission of the officer in charge and in any case such male person shall be attended by herself or some other female officer.
Storekeeper
103. The Storekeeper shall receive, examine and take particular account of all stores connected with the victualling and clothing of the prisoners and all other stores committed to his care, and shall be responsible for accounting therefor.
104. The Storekeeper shall report immediately to the officer in charge any defect in quality, or any deficiency or irregularity in delivery of any of the prison stores and take his directions thereon.
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Marking of articles.
Stores Regulations.
Requisitions.
Inspection of ledgers, etc.
Inventories.
Economy.
Unserviceable stores.
105. The Storekeeper shall ensure that no article that can be marked is issued from the store without being marked in such manner as will render it readily identifiable as Government property.
106. The Storekeeper shall observe and comply with the Stores Regulations, 1953, and any Regulations amending or replacing the same.
107. Every officer shall forward through the officer in charge to the Storekeeper a requisition for all articles and stores required in his department.
108. The Storekeeper shall at all times have his books and supporting vouchers available for inspection by the Director.
109. (1) The Storekeeper shall keep correct inventories of all clothing, furniture, tools and utensils in the prison.
(2) Every inventory shall be signed by the person under whose immediate custody such articles are kept.
(3) No alteration shall be made to such inventory without the written direction of the Director.
110. The Storekeeper shall bring to the attention of the Director any apparent waste and unnecessary or improvident expenditure.
111. (1)The Storekeeper shall ensure that all unexpendable stores which have become unserviceable shall be handed into the store in exchange for replacements.
(2) He shall ensure that unserviceable stores are returned to the store and kept until a Board of Survey has recommended their disposal.
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Report of unserviceable articles.
Weights and measures.
Prison produce.
Manufactured goods.
Qualification.
Responsibility, etc.
112. The Storekeeper shall report to the officer in charge any case in which in his opinion any articles have become unserviceable otherwise than through fair wear and tear.
113. The Storekeeper shall ensure that all weights and measures are in good order and correct.
114. (1) The Storekeeper shall receive all produce from the prison farm and shall check and account for the quantity and the subsequent issue of such produce. He shall retain all supporting vouchers and receipts.
(2) He shall ensure that all sales of produce are accounted for and that no person receives more than he is charged for and that the accounts for such sales are rendered to the individuals and Departments concerned.
115. (1) The Storekeeper shall receive from the workshops all manufactured articles, and shall check their quantity with the quantity of materials issued by him to be manufactured.
(2) He shall ensure that all manufactured articles are accounted for and that any article sold is properly charged for according to the official price list.
Kitchen Officer
116. The kitchen officer shall be in charge of the kitchens and shall where possible be a trained cook.
117. (1) The kitchen officer shall manage the cooking for the whole prison and shall be responsible for the cleanliness of the kitchen and of all the utensils in use.
(2) The kitchen officer shall be responsible for the
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general good order and safety of the kitchen and the stores therein and the discipline of the prisoners employed in the kitchen.
Trafficking.
No person to enter kitchen without cause.
Quality, etc., of food.
Prevention of theft.
Cupboards, etc.
Prisoners employed.
Delivery of diet by prisoners.
Unauthorised requests.
118. The kitchen officer shall take steps to ensure that no prisoner is able to traffic with food, and shall forthwith report any suspicious circumstance to the officer in charge.
119. The kitchen officer shall not allow officers or prisoners who are not either working in the kitchen or sent there on orders of a superior officer to enter the kitchen.
120. The kitchen officer shall be as exact as possible in measuring and weighing the provisions to be served out at each meal, and it shall be his duty to report forthwith to the officer in charge any defect he may observe in the quality or quantity of the articles of food.
121. The kitchen officer shall ensure that no food is so placed as to be easily accessible to prisoners until issued to them.
122. The kitchen officer shall ensure that all store cupboards, lockers and receptacles are kept locked and shall keep the keys in his possession at all times.
123. The kitchen officer shall not employ in the kitchen or about the work of the kitchen any prisoner who has not been detailed for such work by the officer in charge.
124. The kitchen officer shall take steps to ensure that no diet for any prisoner is delivered by another prisoner unless such other prisoner is accompanied by an officer.
125. The kitchen officer shall not attend to written or verbal requests by prisoners in relation to diets, but shall at
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once report the matter to the Chief Officer. Fire prevention.
Cleanliness, etc.
Medical fitness.
Food covers.
Searching.
Responsibility.
126. The kitchen officer shall ensure that no wood or other fuel is left in or near the stoves or cooking places during the night.
127. (1) The kitchen officer shall ensure that all prisoners employed as cooks or in the handling of food are kept clean in person and that they bathe daily.
(2) He shall ensure that they are provided with clean clothing, a cook's apron, a hat and a sweat rag, and that they are worn.
(3) He shall inspect frequently the hands and finger nails of all prisoners employed in the handling of food and shall ensure that their hands are kept clean at all times during the handling and preparation of food.
(4) He shall not allow prisoners to keep clothing or articles in the kitchens.
128. The kitchen officer shall ensure that every man employed in the kitchen has been passed as medically fit by the Medical Officer for such work.
129. The kitchen officer shall ensure that all food awaiting preparation or issue is covered with a clean cover.
130. This kitchen officer shall search all prisoners leaving the kitchen every time they do so.
Master Baker
131. The Master Baker shall be responsible for the general good order and safety of the bakehouse and the discipline of the prisoners employed therein.
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Unauthorised entry to bakehouse.
Baking of bread.
Storage of bread.
Unauthorised baking.
Keys, etc.
Medical fitness.
General cleanliness.
Clean clothing.
Clean hands.
132. The Master Baker shall take steps to ensure that no officers or prisoners enter the bakehouse other than those employed therein without his permission.
133. The Master Baker shall bake all the bread required for the use of the prison or for any other Department and shall ensure that the meal and flour used is of good quality.
134. The Master Baker shall send all baked bread to the store immediately upon its removal from the oven.
135. The Master Baker shall take steps to ensure that no unauthorised baking or cooking of bread is carried out in the bakehouse.
136. The Master Baker shall ensure that all store cupboards are kept locked and shall retain the keys on his person.
137. The Master Baker shall not employ any prisoner in the bakehouse who has not been passed as medically fit for such work by the Medical Officer.
138. The Master Baker shall ensure that all prisoners employed in the bakehouse are kept clean in person and that they bathe daily.
139. The Master Baker shall ensure that all prisoners employed in the bakehouse are provided with clean clothing, a cook's apron, a hat, and a sweat rag, and that they are worn.
140. The Master Baker shall inspect frequently the hands and finger nails of all prisoners employed in the bakehouse and shall ensure that their hands are clean at all times during the handling and preparation of bread.
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No property to be left in bakehouse.
Flour bags.
Fire prevention
Discipline and instruction.
Manufactured articles.
Work to be authorised by officer in charge.
Economy.
Responsibility for materials issued.
141. The Master Baker shall not allow any articles of clothing or personal property to be kept in the bakehouse.
142. The Master Baker shall return to the store all empty flour bags, which shall be accounted for in the flour bag ledger by the storekeeper. Any deficiencies shall be charged against the personal account of the officer concerned at the rate of one dollar per bag. This charge shall be in addition to any other punishment meted out under any disciplinary proceedings.
143. The Master Baker shall ensure that no wood or other fuel is left in or near the ovens during the night.
Officers in Charge of Workshops or Work Parties
144. Any officer assigned to have charge of a workshop shall be responsible for its general good order and for the discipline and instruction of the prisoners employed therein.
145. An officer in charge of a shop shall, immediately upon their completion, forward all manufactured articles to the store.
146. An officer in charge of a workshop shall not allow any work to be done without an order in writing from the officer in charge.
147. An officer in charge of a workshop shall be responsible for the economical use of all materials used therein.
148. An officer in charge of a workshop or of any party engaged in manufacturing articles shall be held responsible for all materials issued for use in that workshop or in the manufacture of articles.
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Responsibility for tools, etc., used.
Worn out tools.
Qualification. [R. 1/1975]
Gatekeeper to ascertain bona fides.
Departure of subordinate staff.
Entry of staff off duty.
Members of the press.
Gate journal.
Record of vehicles.
149. An officer in charge of a workshop or any work party shall be held responsible for all tools, equipment and stores used in that workshop or by that party.
150. An officer in charge of a workshop or any work party shall ensure that all worn out tools are returned to the store in exchange for replacements.
Gatekeeper
151. No officer with less than 2 years service shall be detailed for duty as gatekeeper.
152. The gatekeeper shall not open the main, gate unless he has ascertained the identity of the person seeking admission and that such person may properly be admitted.
153. The gatekeeper shall not without the sanction of the officer in charge permit to leave the prison any member of the subordinate staff who has entered upon his duties.
154. The gatekeeper shall not permit any member of the subordinate staff to enter the inner gate if such member is off duty and in civilian clothes.
155. The gatekeeper shall not permit any member of the press to enter the main gate without the sanction of the officer in charge.
156. The gatekeeper shall keep in the gate journal a record of all persons who pass through the gate, including members of the staff. The record shall show the name of each person and the time of entering or leaving the prison.
157. The gatekeeper shall keep in a book to be provided for that purpose a record of all vehicles which pass
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Record of late arrivals.
Keys.
Arms, etc.
Civility.
Security.
Searching.
Conduct of members of the staff.
Muster.
through the gate. 158. The gatekeeper shall enter in a book to be
provided for that purpose the name of any member of the staff who reports late for duty and such member, shall sign his name against the time he reports, and the gatekeeper shall bring all such entries to the notice of the officer in charge.
159. The gatekeeper shall be responsible for the key safe and shall ensure that keys therefrom are issued only to the proper members of the staff authorised to receive them and that every key is returned to the safe at the proper time.
160. The gatekeeper shall be responsible for all arms and ammunition entrusted to his care.
161. The gatekeeper shall be courteous and civil and at the same time firm with all members of the public calling at the gate.
162. The gatekeeper shall ensure that the inner and outer gates are never open at the same time.
163. The gatekeeper shall ensure that no articles are improperly brought into or taken out of the prison and for such purpose may examine any article, vehicle or person entering or leaving the prison and, if necessary, detain such article, vehicle or person pending the instructions of the officer in charge.
164. The gatekeeper shall ensure that all persons, including members of the staff, entering or leaving the prison conduct themselves in a proper manner, and shall bring to the attention of the officer in charge any case of improper conduct.
165. The gatekeeper shall keep a tally of all prisoners passing into or out of the prison.
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Prison Officers Generally Acquaintance with laws.
Chain of responsibility.
Discipline and training.
Familiarity.
Discussion of private affairs.
166. Every prison officer shall acquaint himself with the Prison Act and with these Rules and with any orders relating to his duties.
167. Every prison officer shall strictly obey the orders of the Director and of all prison officers senior to him.
168. (1) Every prison officer shall assist in maintaining order and discipline among the prisoners. Order and discipline shall be maintained with firmness.
(2) In the control of prisoners, officers shall seek to influence them through their own example and leadership; they shall strive to acquire a moral influence over prisoners by the conscientious discharge of their duties and by exhibiting a consistent example of regard to truth and integrity even in the smallest matters.
(3) At all times the treatment of prisoners shall be such as to encourage their self-respect and a sense of personal responsibility.
(4) No prison officer shall engage in any wrangling or argument with prisoners.
169. (1) No prison officer shall speak to a prisoner unnecessarily nor shall he by word, gesture or demeanour do anything which may tend unnecessarily to irritate a prisoner.
(2) A prison officer shall address a prisoner by his surname only and shall not allow any familiarity on the part of a prisoner.
170. No prison officer shall discuss his private affairs
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Striking of prisoners.
Punishment.
Control of prisoners.
Matters of discipline not to be discussed
in hearing of prisoners.
Misconduct, etc to be reported.
Work parties.
or those of other officers with prisoners. 171. No prison officer shall strike a prisoner except in
self defence, or in the defence of another, and in any such case no more force than is necessary shall be used.
172. No prison officer shall inflict any punishment of any kind upon any prisoner unless ordered so to do by the Director or the officer in charge.
173. (1) Every prison officer shall at all times maintain order and reasonable quietness among prisoners and shall prevent them changing places or going to the door of a cell other than their own unless ordered to do so.
(2) Every prison officer shall at all times carefully watch the prisoners and shall use the utmost vigilance to promote industry. Officers in charge of work parties shall be responsible for the work output of their parties.
174. No prison officer shall on any account discuss any matter of discipline or prison arrangements within the hearing of a prisoner.
175. Every prison officer shall make an immediate report of any misconduct or disregard of these Rules or of any standing orders.
176. A prison officer taking charge of a party of prisoners shall—
(a) immediately prior to taking charge of such party count the numbers of prisoners in such party and report in a loud voice to the prison officer from whom he receives such party;
(b) be responsible for the safe custody
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and proper conduct of the prisoners in such party;
(c) prevent prisoners in such party straggling, communicating with unauthorised persons or obtaining possession of prohibited articles;
(d) ensure that no prisoner in such party is out of his sight unless such prisoner is in the charge of another prison officer;
(e) ensure that every prisoner in such party is searched upon leaving the prison and on his return.
Neatness.
Return of clothing and equipment.
Security of keys.
177. Every prison officer shall pay strict attention to cleanliness and neatness of person and dress and shall at all times when on duty wear the uniform provided by the prison.
178. When a prison officer resigns, retires or is dismissed, his uniform, equipment and last issue of boots or shoes shall be delivered up at once and returned to the store. The uniform, equipment and boots or shoes shall be inspected and any deficiencies or damage not due to fair wear and tear shall be made good before final discharge out of any moneys due to the officer. No officer shall sell or dispose in any way whatever of any article of uniform or equipment.
179. No prison officer entrusted with keys shall take them out of the prison unless specially authorised in writing so to do, or leave them lying about or in locks, or lend them to another prison officer or for any purpose permit such keys to be out of his immediate possession. He shall when leaving the prison or on any occasion when required to deliver them up, deliver his keys to the prison officer whose duty it is to
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Visitors.
Abuses.
Reporting cases of illness.
Trafficking.
Unauthorised gratuities.
Unauthorised communi- cations.
Search of officer.
Commun - ications to the press.
receive them. 180. No prison officer shall be permitted to receive
any visitors in the interior of the prison without the permission of the officer in charge.
181. Every prison officer shall at once communicate to the officer in charge any abuses or impropriety which may come to his knowledge.
182. Every prison officer shall direct the attention of the officer in charge to any prisoner (whether he complains or not) who appears to be ill or whose state of mind appears to be deserving of special notice and care and the officer in charge shall without delay bring such cases to the notice of the Medical Officer.
183. No prison officer shall carry on any pecuniary or business transactions with or on behalf of prisoners.
184. No prison officer shall receive any fee, gratuity or other consideration in connection with his duties.
185. No prison officer shall knowingly communicate with an ex-prisoner or with friends or relatives of any prisoner or ex-prisoner except with the permission in writing of the officer in charge.
186. Every prison officer shall submit himself to be searched in the prison if called upon so to do by the officer in charge.
187. (1) No prison officer shall, directly or indirectly, make any un-authorised communication to any representative of the press or other person with reference to matters which have become known to him in the course of his duty.
(2) No prison officer shall, without authority,
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publish any matters or make any public pronouncement relating to the administration or the inmates of any prison.
Quarters.
Reporting sick.
Injury on duty.
Disagreement on points of duty.
188. (1) Every prison officer shall occupy such quarters as may be assigned to him and shall vacate them at any time if required so to do.
(2) On the termination of an officer's service he shall give up the quarters he has occupied as soon as he is required to do so; and on the death of an officer his family shall give up the quarters when required to do so.
189. (1) Every prison officer who is unable to present himself for duty by reason of being sick or disabled shall immediately notify the officer in charge either by reporting in person or by a message and shall apply for leave.
(2) Leave on account of sickness or disability shall only be granted to an officer on the certificate of a Government Medical Officer.
190. (1) Where any prison officer sustains any injury in the course of his duty the officer in charge at the time of the occurrence shall submit to the Director a report of the circumstances of the injury and of his opinion as to whether such injury was or was not caused or contributed to by any default on the part of such officer.
(2) The Medical Officer also shall submit a report to the Director which shall state the degree of incapacity if any sustained by the officer.
191. (1) Prison officers shall not indulge in any disputes or wrangling in relation to their duties or on any matter when on duty or within the precincts of any prison.
(2) Any question of duty on which prison officers
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cannot agree shall be referred for the decision of the Chief Officer.
(3) Any complaint by one prison officer against another shall be made in writing through the chief officer to the officer in charge and shall not be received unless delivered within twelve hours of the occurrence.
(4) Any complaint found to be frivolous or vexatious or actuated by a spirit of ill will, malice or revenge shall be reported to the Director.
Complaints on duties.
Unofficial business.
Monetary transactions.
Transfer.
Assistant officer on joining to be on probation.
192. (1) An officer having any complaint to make connected with his duty shall within forty-eight hours of the occurrence complained of state the same in writing for the decision of the officer in charge. Any officer dissatisfied with the decision of the officer in charge may appeal to the Director.
(2) An officer who makes a complaint through an improper channel shall be liable to disciplinary action.
193. No prison officer shall undertake any business, trade or other employment of any nature whatsoever whether for gain or otherwise without the sanction in writing of the Director.
194. No prison officer shall have any private monetary transactions with any other prison officer.
195. Every prison officer engaged to serve in the prison service shall be liable to serve in any part of Guyana, in any prison or lock-up, or any place or building established by the Minister as a prison or lock-up.
196. (1) Subject to the provisions hereinafter contained, a person joining the prison service as a member of the subordinate staff shall be on probation for a period of
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[R. 2/1959]
Public Service Commission approval in certain cases.
Physical fitness.
Defence to charges in writing.
Witnesses.
three years. At the expiration of that period a probationer if efficient, of good character and qualified as hereinafter stated for further service, shall be confirmed in his appointment in the service.
(2) During the probationary period aforesaid the services of any member of the subordinate staff may be dispensed with at any time if he is considered not fitted, physically or mentally, to perform the duties of his office or not likely to become an efficient or well conducted officer.
(3) A member of the subordinate staff whose services are dispensed with under this section shall be entitled to receive one month's notice of the termination of his services or one month's pay in lieu of such notice.
(4) If any member of the subordinate staff has knowingly and willfully made any false statement in connection with his application for appointment, he shall be liable to summary dismissal.
197. No person shall unless the Public Service Commission considers that in view of the special circumstances of his conviction or of his dismissal he may be exempted from the provisions of this section be admitted into the prison service who has been convicted in any court of any criminal offence or who has been dismissed from any Government Department.
198. Every candidate selected for appointment shall prior to appointment be medically examined as to his physical fitness for service as a prison officer.
199. Every officer shall make his defence in writing to any charge of a breach of the Rules made against him.
200. (1) Every such officer may for the purposes of his
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defence call as a witness any person in the prison service whom he requires.
(2) It shall be the responsibility of such officer to see that his witnesses are present at any disciplinary enquiry.
Assistance of friend in service.
Interdiction.
Quarters.
Political activities.
Pecuniary embarrass - ment.
Arrest or bankruptcy proceedings.
Handing over.
201. An officer may for the purposes of his defence be assisted by a friend from within the prison service.
202. No prison officer who has been interdicted from duty shall take part in any other employment.
203. (1) All officers shall ensure that the grounds surrounding their quarters are kept clean and tidy.
(2) All officers shall ensure that all rubbish and sweepings from their quarters are deposited in receptacles ready for removal between the hours of 7 a.m. and 8 a.m. daily.
204. All prison officers shall observe such restrictions on their political activities as may be prescribed for them from time to time as members of the public service.
205. Serious pecuniary embarrassment shall be regarded as impairing the efficiency of a prison officer and, if occasioned by imprudence or other blameworthy cause, shall be regarded as so affecting the trustworthiness of the officer as to render him liable to disciplinary proceedings.
206. A prison officer who fails to inform the officer in charge of his arrest on any criminal charge or of bankruptcy proceedings having been taken out against him shall be liable to disciplinary action.
207. Every prison officer on being relieved from any particular duty or transferred to another duty shall indicate and explain to the prison officer succeeding to such duty all
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matters of special importance connected therewith and any order which may have been given with respect to any particular matter or prisoner.
Infectious diseases.
Cell opening at night.
Fund administered by Director.
Payment of fines into Post Office Savings Bank.
Capital and income accounts.
208. Every prison officer shall report to the officer in charge and to the Medical Officer the occurrence of any infectious disease in his household or in any house occupied by him.
209. No prison officer shall enter or open the door of the cell of any prisoner at night unless accompanied by another officer and then only in case of illness or other emergency.
The Prison Fines Fund
210. The Prison Fines Fund shall be administered by the Director.
211. Fines imposed on prison officers and deducted from their pay and pay forfeited by prison officers shall be promptly deposited by the Director in the Post Office Savings Bank to the credit of an account entitled, “The Prison Fines Fund”, hereinafter referred to as “the Fund”.
212. The Director shall in his books of account keep a separate account for the Fund under the headings "capital account" and "income account", and shall credit to the capital account one half of the amounts paid into the Fund and to the income account the other half of such amounts together with all interest or dividends received from the Post Office Savings Bank or from any securities purchased with moneys belonging to the Fund:
Provided that when and so long as the capital account has at its credit a total sum of not less than $2,250 the whole of the amounts collected shall be credited to the income account.
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Application of sums at credit of income account. [R. 6/1962]
Application of sums at credit of capital account.
Audit.
213. The whole or any portion of any sum at the credit of the income account may be applied by the Director –
(a) to the cost of the upkeep of recreation rooms;
(b) to the cost of providing books for libraries for prison officers;
(c) to the payment of such special rewards to prison officers as the Minister may from time to time approve in each case; and
(d) in such other manner for the benefit of prison officers and their wives and children as the Minister may from time to time direct.
214. (1) The Director may invest the whole or any portion of any sum at the credit of the capital account in such securities as the Minister may approve and the interest or dividends derived from such securities shall on receipt thereof be promptly deposited in the savings Bank to the credit of the Fund.
(2) With the sanction of the Minister, the Director may expend the whole or any portion of any sum at the credit of the capital account on any of the objects to which any sum at the credit of the income account may be applied.
215. An annual account of the Fund made up to the 31st December of each year, together with the Post Office Savings Bank book and all vouchers, shall be submitted to the Director of Audit not later than the 31st January of the next succeeding year and the audited statement shall as soon as possible thereafter be laid before the Minister.
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PART III GENERAL RULES FOR THE TREATMENT
OF PRISONERS Application on Part III.
Training and treatment.
Classes of prisons.
Work, etc.
Classification. [R. 1/1975]
216. The rules in this part apply to all classes of prisoners except in so far as they are inconsistent with the special rules in Part IV.
Classification and Training
217. The purpose of training and treatment of convicted prisoners shall be to establish in them the will to lead a good and useful life on discharge, and to fit them to do so.
218. (1) The Director may set aside particular prisons or parts of prisons for the accommodation of special classes of prisoners.
(2) The Director may establish or set aside prisons for the treatment of selected prisoners or classes of prisoners in conditions of minimum security.
219. (1) At every prison the officer in charge shall as soon as possible after the reception of a prisoner and within 48 hours of his reception interview such prisoner and consider what arrangements are to be made for his work and training.
(2) The officer in charge shall also classify the prisoners sentenced to imprisonment having regard to their age, character, medical category and previous history.
220. In order so far as possible to prevent contamination and to facilitate training, the arrangements set out in the following paragraphs of this rule shall so far as
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possible be made in classifying prisoners: (a) Prisoners under the age of 18 years of
age shall be placed in the Young Prisoners' Class.
(b) Prisoners of 18 years and over who have not previously been in prison on conviction shall be placed in the Star Class unless the officer in charge considers that, in view of their record or character, they are likely to have a bad influence on others. The officer in charge may also place in the Star Class a prisoner of 18 years of age and over who has previously been in prison on conviction if he is satisfied, having regard to the nature of the previous offence, or to the length of time since it was committed or to the prisoner's general record and character, that he is not likely to have a bad influence on others.
(c) Other prisoners shall be placed in the Ordinary Class.
Transfer to different classes.
221. (1) The officer in charge may in his discretion at any time remove from the Young Prisoners' Class any prisoner whom he considers unsuitable by reason of his character for that class and may place him in the Star Class, but in every such case he shall report the matter to the Director who may issue such instructions as he thinks fit.
(2) The officer in charge may, in his discretion at any time remove from the Star Class to the Ordinary Class a prisoner whose character has shown him to be unfit to associate with other prisoners of the Star Class.
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(3) Arrangements shall be made in all prisons to provide so far as possible for the effective separation at all times of the three classes of convicted prisoners.
Privileges.
Conditions of employment of prisoners on certain work.
Sleeping accommo - dation.
222. The Director may in the interest of good conduct and training, establish at every prison such system or systems of privileges as may be appropriate for different classes of prisoners and different methods of training.
223. Prisoners to be employed as orderlies, gardeners, and in similar capacities and not under constant supervision of an officer shall be selected by the officer in charge from the Star Class or from prisoners who have completed not less than 12 months of their sentence. Each prisoner so selected shall give his word of honour to the officer in charge to obey all rules, to put his best effort into his work and to conduct himself properly in every way in return for the privilege of being trusted. While so employed prisoners shall wear a red band around the right arm.
Accommodation
224. (1) No sleeping accommodation for prisoners shall be used unless it is certified by the Medical Officer to be of such size and to be lighted, ventilated and fitted in such a manner as is requisite for health, and when such accommodation is locked it shall be furnished with the means of enabling prisoners to communicate at any time with an officer. If the certificate of any cell, room or ward so used is cancelled that accommodation shall not be used for sleeping unless it is again certified. The certificate shall specify the maximum number of prisoners to be accommodated at any one time in such a room or ward and the number so specified shall not be exceeded without the authority of the Director.
(2) Where sleeping accommodation is in separate
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cells, each prisoner shall occupy a cell by himself:
Provided that where it is necessary for special reasons, the prison Medical Officer may authorise the accommodation of not less than three prisoners in a cell.
Bedding, etc.
Light.
Conditions to be observed in
mixed prisons.
Fire precaution.
225. Every prisoner shall be supplied with —
(a) a bed;
(b) a blanket;
(c) a water container; and
(d) a covered chamber or covered slop pail;
but additional bedding may be supplied on the recommend - ation of the Medical Officer.
226. Cells shall be individually lighted so as to permit of reading or working up to 9.00 p.m.
227. (1) In a prison containing both male and female prisoners, the whole of the premises allocated to the female prisoners shall be entirely separated and shall be secured by locks different from those used in the male prison.
(2) The keys of the premises allocated to the female prisoners shall be under the control of women officers and no male officer shall enter the premises except on duty and in the company of a female officer.
228. (1) All reasonable precautions shall be taken against the outbreak of fire.
(2) The officer in charge shall cause all fire fighting appliances and equipment to be inspected twice
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every year, and shall carry out such fire drills as may be prescribed by the Director.
(3) A set of rules and instructions governing fire precautions and fire drill shall be kept prominently posted in every prison and section of every prison.
Committals.
Receptions.
Search.
Retention of property.
Private property.
229. Before any prisoner is received into a prison the appropriate form of committal, properly filled up in all its parts, shall be handed to the officer in charge.
230. Prisoners shall not be received at the prison earlier than 7.00 a.m. or later than 4.00 p.m. or on any Sunday, Christmas Day or Good Friday, except with special permission of the officer in charge.
231. (1) Every prisoner shall be searched when taken into custody by an officer on reception into prison, and at such subsequent times as are directed and all unauthorised articles shall be taken from him.
(2) The searching of a prisoner shall be conduc - ted in as seemly a manner as is consistent with the necessity of discovering any concealed article.
(3) A prisoner shall be searched only by officers of the same sex as the prisoner.
232. All money, clothing or other effects belonging to a prisoner which he is not allowed to retain shall be placed in the custody of the officer in charge, who shall keep an inventory thereof which shall be signed by the prisoner.
233. (1) A prisoner may not, save in exceptional circumstances, deliver into the custody of the officer in charge more than one outfit of clothing. Any other clothing which he brings to the prison shall be returned to the prisoner’s home
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or to such other place as the prisoner may request.
(2) Where any clothing in excess of one outfit is received by the officer in charge, such clothing shall be kept at the prisoner’s risk.
Bulky articles.
Temporary release of clothing.
Description of prisoner to be recorded.
Photographs and finger prints.
Baths.
Medical examination.
234. Articles which in the opinion of the officer in charge are too bulky for storage shall not be received.
235. Any prisoner taking his clothes out for any reason shall sign for taking them out and on his return such clothes shall be checked in and signed for by the officer and prisoner.
236. The name, age, height, weight, particular marks and such other measurements and particulars as may be required in regard to a prisoner shall upon his reception and from time to time be recorded in such a manner as the Director may determine.
237. A prisoner may be photographed and have his finger prints taken on reception and subsequently, but no copy of the photograph or finger prints shall be given to any person who is not authorised to receive it.
238. Every prisoner shall, unless exempted by the officer in charge or Medical Officer, take a bath on reception.
239. (1) Every prisoner shall, within 24 hours of his reception, be separately examined by the Medical Officer, who shall record the state of health of the prisoner, the prisoner’s labour category, and any other particulars necessary:
Provided that where a prisoner is received late on the day preceding a public holiday such prisoner may be examined on the day subsequent to the public holiday.
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Babies.
Providing information.
Explaining information.
Protection from public view.
Final interview with officer in charge.
240. A female prisoner may have her baby with her during the normal period of lactation and longer (to a maximum of 12 months) if required in special circumstances, and the baby may be supplied with clothing and necessaries at the public’s expense.
Information to Prisoners
241. Arrangements shall be made to ensure that every prisoner on reception is provided, in his cell or room or ward, with full information about the rules governing the treatment of prisoners of his class and about any other regulations of which he should have knowledge, including those relating to earnings and privileges, to the proper methods of submitting petitions to the Minister and of making complaints, to food, clothing, bedding, and other necessaries, and to the disciplinary requirements of the prison.
242. The officer in charge shall personally or through such officer as he may appoint ensure as soon as possible after reception, and in any case within twenty-four hours, that every prisoner who can read has read the information so provided. Where a prisoner cannot read or has difficulty in understanding the information so provided, it shall be so explained to him that he may understand both his rights and his obligations.
Removal and Discharge
243. When prisoners are being removed to or from prison, they shall be exposed to public view as little as possible and proper safeguards shall be adopted to protect them from insult or curiosity.
244. Every prisoner shall before discharge or removal to another prison be interviewed by the officer in charge.
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Final interview with Medical Officer.
Return of clothes.
Day of discharge.
Record to be kept of death of prisoner.
245. (1) Every prisoner shall, as short a time as is practicable before discharge or removal to another prison, be examined by the Medical Officer.
(2) A prisoner shall not be removed to another prison unless the Medical Officer certifies that he is free from infection and fit to travel.
(3) A prisoner due for discharge who is suffering from an acute or dangerous illness shall, unless he refuses to stay, not be sent out of the prison until in the opinion of the Medical Officer it is safe to send him out.
246. On the discharge of a prisoner, his own clothes shall be returned to him unless it has been found necessary to destroy or otherwise dispose of them in which case proper clothing shall be provided from public funds.
247. A prisoner shall be released on the day on which his sentence expires, or on the previous day whenever the sentence expires on Sunday, Christmas Day or Good Friday.
Deaths of Prisoners
248. The Medical Officer shall keep a record of the death of any prisoner which shall include the following particulars:
(a) the time at which the prisoner was taken ill;
(b) the time at which the illness was first reported to the Medical Officer;
(c) the time at which the prisoner was first seen by the Medical Officer;
(d) the nature of the illness;
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(e) the time of death; and
(f) any other comments which appear to the Medical Officer to be necessary.
Notice to Coroner, etc.
Delivery of body to relatives.
249. Upon the death of a prisoner, the officer in charge shall give immediate notice thereof to the Coroner having jurisdiction, to the Director and to the chairman of the Visiting Committee.
250. Whenever the relatives of a prisoner who has died in prison of natural causes are desirous of having the body of such prisoner delivered to them for burial they shall apply to the officer in charge, who, on a certificate from the Medical Officer that it would not be injurious to the public health to grant such a request, may deliver up the body which shall be taken away by the relatives. The officer in charge may, however, in all cases supply a coffin for the burial of the deceased.
General Discipline and Control General principles.
Instruction of female prisoners.
251. The Rules in this section shall be applied, due allowance being made for the difference of character and response to discipline of different types of prisoners, in accordance with the following principles:
(a) Discipline and order shall be maintained with firmness but with no more restriction than is required for safe custody and well ordered community life.
(b) At all times the treatment of prisoners shall be such as to encourage their self-respect and a sense of personal responsibility.
252. Female prisoners shall be given instruction in sewing, washing, first aid and child welfare.
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Use of force.
Prisoners given limited responsibility.
Temporary work in cell.
Conditions of remitting sentence.
253. (1) No officer in dealing with prisoners shall use force unnecessarily and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used.
(2) No officer shall act in a manner calculated to provoke a prisoner.
254. No prisoner shall be employed in any disciplinary capacity, but prisoners carefully selected by the officer in charge may be given positions of responsibility and leadership within such limits as the Director may determine.
255. (1) If at any time it appears to the Director that it is desirable for the maintenance of good order or discipline or in the interest of a prisoner that the prisoner should not work in association with others, the officer in charge may be authorised to arrange for that prisoner to work temporarily in a cell and not in association with other prisoners.
(2) It shall be within the discretion of the officer in charge to arrange for such a prisoner again to work in association whenever he considers this desirable, and he shall do so in any case if the Medical Officer so advises on medical grounds, or at the expiration of one month, unless further authority is given from month to month by the Director.
Remission
256. (1) Every prisoner sentenced to imprisonment, whether by one sentence or by consecutive sentences, for a period exceeding one month may by good conduct and industry become eligible for discharge when a portion of his sentence not exceeding one third of the whole sentence has yet to run:
Provided that nothing in the said arrangements shall
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authorise the reduction of any period of imprisonment to a period less than thirty-one days.
(2) The minimum number of days to be served shall be ascertained by deducting from the number of days comprised in the sentence one-third of that number to the nearest whole number. The earliest day of release shall be the day after the minimum number of days has been served.
Earliest day of discharge to be recorded within 48 hours.
Forfeiture of remission to be calculated in days.
Extra remission.
Special reports.
257. The earliest day of discharge shall be entered on the record of each prisoner who is eligible for remission not later than forty-eight hours after he has been admitted to prison.
258. All remission forfeited by a prisoner shall be calculated in days.
259. Notwithstanding anything in these Rules extra remission may be granted by the Minister to any prisoner on the recommendation of the Director for any special service.
260. (1) At the commencement of every month the Director shall transmit to the Minister a report upon:
(a) the conduct and industry;
(b) the mental and physical health; and
(c) the attitude towards his offence,
of each prisoner serving a sentence exceeding four years who has, during the preceding month, completed the first or any subsequent period of four years of his sentence.
(2) The report shall indicate the opinion of the Medical Officer as to –
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(a) the effect of imprisonment already undergone by the prisoner; and
(b) the probable effect of future imprison- ment upon the prisoner.
(3) No prisoner shall be informed of the trans- mission of such report.
Punishments Officer in charge to be present at infliction of corporal punishment.
Punishment Diets.
Confinement to cells.
Certification as to fitness for punishment.
Mechanical restraints.
261. The officer in charge shall be present at the execution of a sentence of corporal punishment and shall enter in a book to be kept for that purpose the number of lashes or strokes inflicted and any remission ordered by the Medical Officer.
262. The restricted Punishment Diets which may be awarded for commission of Prison offences shall be as prescribed in the Second Schedule.
263. The officer in charge may, where it is necessary in the interests of discipline and good order, cause any disorderly prisoner to be confined to his cell for such period as he may think fit.
264. Every prisoner undergoing cellular confinement or subjected to Punishment Diet No. 1 shall be visited at least once a day by the officer in charge and the Medical Officer and if he is undergoing cellular confinement he shall be visited by an officer appointed for that purpose at intervals of not more than three hours during the day.
Restraints
265. (1) Mechanical restraints shall not be used as a punishment or for any purpose other than safe custody
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during removal except on medical grounds by direction of the Medical Officer, or as hereinafter provided.
(2) When it appears to the officer in charge that it is necessary to place a prisoner under mechanical restraint in order to prevent his injuring himself or others, or damaging property, or creating a disturbance, the officer in charge may order him to be placed under mechanical restraint and notice thereof shall forthwith be given to the Director and to the Medical Officer.
(3) The Medical Officer on receipt of the aforesaid notice shall forthwith inform the officer in charge whether he concurs in the order, and if on medical grounds he does not concur the officer in charge shall act in accordance with any recommendations which he makes.
(4) No prisoner shall be kept continuously under mechanical restraint longer than is necessary, or for a longer period than twenty-four hours unless the officer in charge considers that it is necessary to keep such prisoner under mechanical restraint for a longer period. In every such case he shall notify the Director who may direct, subject to the prisoner being considered fit by the Medical Officer to undergo further mechanical restraint, that the restraint be continued for such further period as may be specified.
(5)Particulars of every case of mechanical restraint shall forthwith be recorded by the officer in charge in his journal.
(6) No mechanical means of restraint shall be used except of such patterns and in such manner and under such conditions as laid down by these Rules.
Means of restraint.
266. The means of mechanical restraint which may be used in respect of male and female prisoners shall be –
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(a) Handcuffs: These may be used for restraining prisoners who become violent. Handcuffs may be ordered to be placed either in front of or behind the body. Handcuffs shall, when ordered to be placed with the hands behind the body, be moved to the front at meal times and at night. The handcuffs shall be of regulation patterns.
(b) Body-belt: this may be used for the restraint of prisoners who become violent, where the safety either of the prisoner or of other persons is so required. At meal times the left hand, or in the case of a left-handed prisoner the right hand, shall be released. After the meal has been eaten the hand shall again be secured. A body-belt shall be of double leather sewn together, fastened by a lock around the waist with steel wristlets at equal distances at the sides to lock the wrists therein.
(c) One piece canvas suit or dress: This may be used to prevent prisoners wilfully destroying their clothing. The suit or dress shall be of suitable canvas, double sewn.
(d) Straight jacket: This may be used for the restraint of prisoners who become violent where the safety either of the prisoner or other persons requires such restraint. The jacket shall be made of double canvas sewn and so constructed that the jacket straps up at the back. It shall contain two pockets inside the jacket for securing the prisoner’s hands.
(e) Ankle-straps: This means of restraint may only be used in respect of women who may seriously injure themselves or others if not so restrained and only on the recommendation of the Medical Officer. Ankle-straps shall be of the approved type.
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Forms.
Returns.
Special cells.
General requirement of work.
Unauthorised work. [R. 1/1990]
267. Certificates and reports in respect of the use of mechanical restraints shall be issued by the Medical Officer and the officer in charge in the forms prescribed in the Third Schedule.
268. The officer in charge shall submit a return to the Director at the end of every month showing particulars of all prisoners who have been under restraint during the month. This return shall show the type of restraint used, the date commenced and, where applicable, the date discontinued and the Medical Officer’s remarks on each prisoner remaining under restraint at the end of the month.
269. The officer in charge may order any refractory or violent prisoner to be temporarily confined in a special cell certified by the Medical Officer as fit for the purpose, but no prisoner shall be confined in such cell as a punishment or after he has ceased to be refractory or violent.
Work
270. Every prisoner shall be required to engage in useful work for not more than ten hours a day, of which so far as practicable at least eight hours shall be spent in associated or other work outside the cells:
Provided that the Medical Officer may excuse a prisoner from work on medical grounds, and no prisoner shall be set to any work unless he has been certified as fit for that type of work by the Medical Officer.
271. (1) No prisoner shall be set to any type of work not authorised by the Director.
(2) Except with the authority of the Director, no prisoner shall work in the service of another prisoner or of an
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officer, or of a Government Department other than the prison, or for the private benefit of any person.
(3) No unnecessary work shall be done by prisoners on Sundays, Christmas Day and Good Friday.
(4) Where authorised work is done under paragraph 2, a prisoner shall be paid for such work at rates approved by the Director, either generally or in relation to particular cases.
Payments of monies earned by prisoner. [R. 1/1990]
Recording of denomination.
Visits by special ministers.
271A.(1) Monies earned by a prisoner for authorised work done under rule 271(2), shall be kept in a separate account for every such prisoner and on his release from prison, the said monies shall be made payable to the prisoner.
(2) Without prejudice to paragraph(1) the Director may on the authority of a prisoner, pay to the wife or husband of that prisoner as the case may be, or to such other persons as the prisoner may approve, in part or full, any monies standing to the credit of that prisoner’s account.
Religion
272. The religious denomination of every prisoner shall be ascertained and recorded on his reception and he shall be treated as a member of the denomination then recorded unless and until he satisfies either a member of the Visiting Committee or the Director that he has good grounds for desiring the record to be altered.
273. Where a prisoner is recorded as belonging to a religion or a religious denomination other than one mentioned below the office in charge shall if the prisoner so requests arrange for him, so far as possible, to be visited by a minister of that religion or denomination, and every such prisoner shall be informed of this rule on reception.
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Chaplains.
Services.
Visits.
Interviews.
274. There shall be appointed at each prison –
(a) one Chaplain of the Anglican Church;
(b) one Chaplain of the Roman Catholic Church;
(c) one Chaplain of each of the following non-conformist nominations: Wesleyan, Salvation Army, Methodist and Presbyterian;
(d) one Visiting Priest of the Hindu religion; and
(e) one Visiting Priest of the Moslem religion.
275. (1) Arrangements shall be made for the holding in the prison on every Sunday of one Anglican service, one Roman Catholic service, one service of a nonconformist denomination, one Hindu service and one Moslem service.
(2) Arrangements shall be made for a rota among the different faiths of the Hindu and Moslem religions so that a Priest of only one faith of each religion visits the prison each Sunday to hold a service and any priest so visiting the prison shall have all the privileges and duties of the Visiting Priest of that religion.
276. (1) Every Chaplain and Visiting Priest shall see each prisoner of his denomination or religion as soon as may be possible after the admission of such prisoner, and shall, so far as is practicable, visit him regularly at proper and reasonable times.
277. A Chaplain and Visiting Priest shall on each visit
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to the prison interview every prisoner of his denomination or religion who is –
(a) under sentence of death;
(b) in hospital; or
(c) undergoing punishment other than imprisonment under his sentence.
Proselytising prohibited.
Conformity to Rules.
Religious books.
Classes.
278. Every Chaplain or Visiting Priest shall refrain from proselytising amongst prisoners of other denominations or religions.
279. Every Chaplain or Visiting Priest shall conform to these Rules and shall not convey messages, letters or information to or from prisoners and their relations and friends, nor give information to persons outside, nor make public any matter that may come to their knowledge within the prison. Any literature or other article that a Chaplain or Visiting Priest may wish a prisoner to receive shall be given to the officer in charge at whose discretion such article may be issued.
Education and Libraries
280. There shall so far as practicable be available for the personal use of every prisoner such of the Scriptures and books of religious observance and instruction recognised for his denomination as are accepted by the Director for use in prisons.
281. (1) Every prisoner shall be encouraged to improve his standard of education and general knowledge and for this purpose the officer in charge shall, so far as is practicable, arrange instructional classes.
(2) Special attention shall be paid to the
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education of illiterate prisoners.
(3) Classes shall be arranged so that as little interference as possible may be caused with working hours.
Libraries.
Teachers.
Programme of work.
Reports.
Discipline.
Books.
Commun - ication between prisoner and his family.
282. A library shall be provided in every prison and subject to such conditions as the Director determines every prisoner shall be allowed to have library books and to exchange them as often as practicable.
283. Teachers shall be selected for work in the prison by agreement between the Chief Education Officer and the Director.
284. Teachers so selected shall submit to the Director in advance a programme of work for each year, and shall give instructions in secular subjects to such prisoners as the Director may from time to time direct.
285. Every teacher shall make a monthly report in writing to the officer in charge as to the conduct and progress of the prisoners taught by him and such reports shall be forwarded through the Director to the Chief Education Officer.
286. Every teacher shall be responsible for the preservation of discipline and good order during classes.
287. Teachers shall keep an account of all books and other instructional material distributed to the prisoners.
Social Relations
288. (1) So far as possible, attention shall be paid to the maintenance of such relations between a prisoner and his family as are desirable in the best interest of both.
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(2) The officer in charge may at any time communicate to the prisoner or to his family or friends any matter of importance to such prisoner.
(3) A prisoner shall be allowed to inform his family of his transfer to another prison.
Prisoner welfare.
Notification to next of kin.
Normal minimum provision for letters. [R. 1/1975]
Normal minimum provision for visits. [R. 4/1961 1/1975]
289. From the beginning of the sentence of every prisoner consideration shall be given, in consultation with the Welfare Officer, to the future of the prisoner and the assistance to be given him on and after his discharge.
290. Upon the death, or serious illness, or certification as insane or mentally defective of a prisoner or the sustaining by a prisoner of a serious accident, the officer in charge shall if the prisoner is married to a person whose address is known, at once inform the wife or husband as the case may be, and otherwise shall at once inform the nearest relative whose address is known, and shall in any event inform any other person whom the prisoner has requested may be so informed.
Letters and Visits
291. Every prisoner shall be allowed to write and receive a letter on reception and thereafter once every month.
292. (1) Subject to paragraph (2) every prisoner shall be allowed to receive a visit within fourteen days of admission, another visit one month after admission and thereafter a visit at intervals of one month.
(2) A prisoner shall be allowed to receive, after serving eighteen months continuously in prison, a visit at intervals of six weeks, and after serving thirty-six months continuously in prison, a visit at intervals of four weeks.
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Period of visit.
Temporary transfer for visits. [R. 4/1961]
Commun- ication with ex- prisoner.
Letters and visits generally.
Deferment in case of cellular confinement.
293. The period of a visit to a convicted prisoner shall be twenty minutes.
294. A prisoner at the Mazaruni Prison having at least eighteen months of his sentence left to serve may, after serving eighteen months continuously at that prison, be brought to the Georgetown Prison to receive his accumulated visits. Such transfer shall be only for the period of one month unless it is directed otherwise in special circumstances.
295. No prisoner shall be allowed to write to or receive letters or visits from any ex-prisoner unless there is proven close relationship.
296. (1) Notwithstanding these Rules, the Director may impose such restrictions upon and supervision over letters and visits as he considers necessary for securing discipline and good order, for the prevention of crime and criminal associations, and for the welfare of individuals.
(2) Except as provided in these Rules, no person shall be allowed to communicate with a prisoner without special authority.
(3) Visits to a prisoner shall not except in an emergency take place on Saturday or Sunday and, except as provided in these Rules in the case of a legal adviser, shall be in the sight and hearing of a prison officer.
Provided that the Minister may allow exceptions from this rule either generally or as applied to certain prisons.
297. When a prisoner who becomes entitled to a letter or a visit under any provision of these Rules is at the time undergoing confinement in a cell, the letter or visit may in the discretion of the officer in charge be deferred until such
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confinement has expired. Additional letters and visits.
Letters in lieu of visit.
Christmas letters.
Special letters and visits. [R. 4/1961]
Visits by police.
298. The Minister may allow such additional letters or visits as he determines as a privilege for any class of prisoners.
299. The officer in charge may allow a prisoner who is entitled to a visit to write a letter and receive a reply instead of such a visit.
300. Every prisoner may be allowed to write and receive a reply to a letter at Christmas and this shall be in addition to his ordinary letter.
301. (1) A prisoner may be allowed at the discretion of the officer in charge to have special letters and visits under very urgent circumstances:
Provided, however, that it shall be in the officer’s discretion whether such special letter or visit shall be additional to or in advance of a normal letter or visit.
(2) A prisoner may be allowed at the discretion of the officer in charge to receive a visit to enable him to make arrangements for his discharge and any such visit shall be additional to those allowed under the foregoing rules.
Visits for Special Purposes
302. (1) An officer of police (including a non- commissioned officer) may visit any prisoner who is willing to see him on production of an order issued by or on behalf of the Commissioner of Police and any such visit shall be additional to those allowed under the foregoing Rules.
(2) A person committed to prison in default of the payment of a sum which in pursuance of any conviction or order he is required to pay, shall be allowed to have an
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interview with his friends on a week day at any reasonable hour, or to communicate by letter with them for the bona fide purpose of providing for a payment which would procure his release from prison, and every such prisoner shall on his reception be informed of this rule.
Facilities for interview with legal advisers.
Special purposes visits not to be forfeited.
303. (1) Reasonable facilities shall be allowed for the legal adviser of a prisoner who is party to legal proceedings, civil or criminal, to interview the prisoner with reference to those proceedings in the sight but not the hearing of an officer.
(2) The legal adviser of a prisoner may, with the permission of the Director, interview the prisoner with reference to any other legal business in the sight and hearing of an officer.
304. The visits for special purposes under the last two foregoing rules shall be additional to the visits allowed under any other of the foregoing rules and shall not be liable to forfeiture.
Quality of food.
No private food.
Quantity of food.
Food
305. The food provided for prisoners shall be of a nutritional value adequate for health and strength and of wholesome quality well prepared and served and reasonably varied and in accordance with the scale approved by the Minister.
306. No prisoner shall be allowed to have any food other than the normal prison diet except on medical grounds, or as laid down by these Rules.
307. Except as provided under these Rules for an offence against discipline or on the written recommendation of the Medical Officer in the case of a prisoner who persistently wastes his food, or on medical grounds by directions of the Medical Officer, no prisoner shall have less
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food than is provided in normal prison diet. No private clothing.
Private clothing in certain circumstances. [R. 6/1962]
Protective clothing.
Untried prisoners.
c. 14:02
308. Subject to the provisions of these Rules, every prisoner shall be provided with an outfit of day and night prison clothing adequate for health, and shall wear such clothing and no other.
309. Notwithstanding anything herein provided to the contrary, the officer in charge may permit a prisoner whose attendance is required at any court or other place under section 22 of the Act, or who is being removed to an institution for detention therein under section 26 of the Act to wear his own clothing during his absence from prison for the purpose of such attendance or detention, or may require him to wear during his absence as aforesaid prison dress or such civilian clothing as the officer in charge may cause to be provided for the purpose.
310. The prison clothing provided shall, where necessary include suitable protective clothing for use at work.
PART IV SPECIAL RULES FOR PARTICULAR CLASSES OF
PRISONERS
Untried Prisoners
311. In the following rules, “untried prisoners” means a prisoner committed to prison on commitment for trial for an indictable offence or pending or in course of the hearing before a court of summary jurisdiction of a charge for an indictable offence or pending or in course of the hearing of an information or complaint, or a person detained in prison under the Immigration Act or on commitment to await extradition or to await return to any place under the applied Act entitled the Fugitive Offenders Act, 1881.
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Separation.
Employment of other prisoners.
Food.
Clothing. [R. 6/1962]
312. (1) Untried prisoners shall so far as possible be kept apart from convicted prisoners.
(2) Restrictions on the association of untried prisoners shall be limited to what is necessary to prevent contamination or conspiracy to defeat the ends of justice.
313. An untried prisoner may on the payment of a small sum to be determined by the Director be relieved of the duty of cleaning his cell or apartment or from other such tasks or offices.
314. (1) An untried prisoner may be supplied at his own expense or at the expense of friends with food and drink (cocoa, tea, coffee or milk) subject to such conditions as the Director may determine.
(2) The Director may cause any such food to be examined and may at any time, for sufficient reason, withdraw such permission.
315. (1) An untried prisoner other than a prisoner on a capital charge may wear his own clothing and have necessary changes of his own underclothing supplied from time to time:
Provided that –
(a) the clothing is sufficient and suitable;
(b) it is not required for the purposes of justice; and
(c) it shall be disinfected if the Medical Officer so requires.
(2) Untried prisoners who do not wear their own
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clothing shall be required to wear prison dress of a different colour from that worn by other prisoners who are not appellants.
(3) The privilege of wearing his own clothing may be forfeited under these Rules by an untried prisoner for the offence of escaping or attempting to escape from custody.
Hair cutting and shaving.
Supply of books, etc.
Work not to be compulsory.
Visits generally.
316. (1) An untried prisoner shall not be required to have his hair cut or, if he usually wears a beard, etc., to shave or to be shaved, unless the Medical Officer deems it necessary for purposes of health or cleanliness, and his hair shall not be cut closer than is necessary for those purposes.
(2) An untried prisoner shall not be allowed to alter his appearance.
317. (1) The officer in charge may on the application of an untried prisoner allow him at his own expense to be supplied with books, newspapers, writing materials, or other means of occupation except such as appear objectionable or inconsistent with good order and discipline.
(2) The privilege allowed by this rule may at any time be withdrawn by the Director or the officer in charge on proof of any abuse thereof.
318. An untried prisoner shall not be required to work in the service or industries of the prison, but may do so with his own consent.
319. An untried prisoner may receive not more than two visits in any one week; such visits may be allowed on any day except Saturday and Sunday between the hours of 2.00 p.m. and 4.00 p.m. Not more than two persons shall be allowed to visit at one time and the duration of each visit shall not be longer than ten minutes.
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Special visits.
Prisoners in default of bail.
Visits by medical advisers.
Letters and other facilities for defence.
Forfeiture of privileges.
320. An untried prisoner may with the permission of the officer in charge be allowed to be visited by more than two persons or for a longer period than ten minutes if the officer in charge is satisfied in each case that such visit is necessary for a special reason.
321. Where an untried prisoner is in prison in default of bail facilities shall be given him, for the purposes of providing bail, to have an interview on any week-day at a reasonable hour, or to communicate with friends.
322. An untried prisoner may for the purposes of his defence receive a visit from a registered medical practitioner selected by him or his friends or his legal adviser, under the same conditions as apply to a visit by the legal adviser.
323. (1) An untried prisoner shall be allowed all reasonable facilities, including the provision of writing materials, for communicating by letter with his friends, or for conducting correspondence or preparing notes in connection with his defence.
(2) A confidential written communication prepared as instructions for the legal adviser of an untried prisoner may be delivered personally to such legal adviser, and shall not be treated as a letter to which rule 26(1) applies unless the officer in charge has reason to suppose that it contains matter not relating to such instructions.
324. The privileges allowed to untried prisoners by rules 314, 317, 319, and 323 shall be liable to forfeiture in addition to any other punishment awarded in conformity with the general rules:
Provided that such forfeiture shall not affect visits or letters required for the purposes of securing bail or preparing a defence.
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Sale of articles.
Application of Rules. c. 3:01
Clothing when absent from prison.
Ordinary visits.
Visits of medical practitioners.
Other visits.
Writing materials.
325. The sale, transfer, or attempted sale or transfer to any person by an untried prisoner of an article allowed to be introduced into the prison for his use shall be an offence under the general rules and upon proof of the offence, those rules shall apply as they apply to an unauthorised article.
Appellants
326. The following rules shall apply to prisoners who are appellants within the meaning of the Court of Appeal Act hereinafter called “appellants” but their application to prisoners who are under sentence of death shall be subject to the special rules applying to those prisoners.
327. An appellant when absent from prison under any order permitting his presence in a Court of Appeal shall wear his own clothing or, if his own clothing cannot be used, clothing different from prison dress.
328. An appellant shall be granted the same privileges relating to ordinary visits as an untried prisoner.
329. An appellant may for the purposes of his appeal receive a visit from a registered medical practitioner selected by him or by his friends or legal adviser, under the same conditions as apply to a visit by his legal adviser.
330. An appellant may for the purposes of his appeal receive a visit from any other person.
331. (1) Writing materials to such extent as the officer in charge considers reasonable shall be furnished to an appellant who requires them for the purposes for preparing his appeal.
(2) An appellant may write a letter to his legal adviser or other persons for the purposes of his appeal.
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(3) A confidential written communication prepared as instructions for the legal adviser of an appellant may be delivered personally to such legal adviser and shall not be treated as a letter to which rule 26(1) applies unless the Director has reason to suppose that it contains matters not relating to such instructions.
Convicted Prisoners Awaiting Sentence or Remanded Facilities for making representations.
332. A prisoner who has been convicted and has not appealed and who is awaiting sentence or remanded on further charges shall be treated in all respects as a convicted prisoner:
Provided that such prisoner if he so desires, for the purposes of preparing any representation to the Court before which he is to appear to be tried, sentenced or otherwise dealt with, be granted any or all of the facilities which are accorded to appellants under these rules except in relation to ordinary visits.
Prisoners under Sentence of Death Search.
Separation and supervision.
333. A prisoner under sentence of death shall immediately on his reception be specially searched and every article shall be taken from him which the Director deems it dangerous or inexpedient to leave in his possession.
334. (1) A prisoner under sentence of death shall be confined in a separate cell and shall be kept apart from all other prisoners.
(2) He shall be kept by day and by night in the constant charge of a prison officer.
(3) He shall not be subject to the requirements of these Rules on the subject of work.
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Visits.
Application of rules.
335. (1) A prisoner under sentence of death may be visited by such of his relations, friends and legal advisers as he desires to see and as are authorised to visit him by an order in writing from the officer in charge but he shall not receive a visit from more than two persons at the same time.
(2) The Chaplain or minister of the prisoner’s own religion or denomination shall have free access to every such prisoner and shall visit him frequently.
(3) No other person except a member of the Visiting Committee and a prison office shall have access to the prisoner except by the permission of the Minister.
(4) All visits to prisoners under sentence of death shall take place in the sight and hearing of an officer, notwithstanding that such visit is by the prisoner’s legal adviser or in relation to an appeal.
(5) Such a prisoner shall be allowed special facilities to correspond with his legal advisers, his relatives and friends.
(6) During the preparation for an execution and at the time of an execution no person shall enter the prison or place of execution who is not legally entitled to do so unless in pursuance of an order in writing from the Minister.
(7) No prisoner under sentence of death shall be allowed to make or write any statement for publication.
336. The following rules apply to civil prisoners, that is to say, persons detained in a prison who are not serving a sentence, are not imprisoned in default of payment of a sum adjudged to be paid on conviction, and are not the subject of special treatment under any of the foregoing provisions in this part of these Rules.
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Association and separation.
Clothing.
Remission.
Visits and letters.
337. (1) Civil prisoners may associate among themselves at such times and in such manner as the Director determines.
(2) Where owing to the small number of civil prisoners or otherwise suitable arrangements for association of such prisoners cannot be made, such prisoner may if he so desires, with the approval of the officer in charge, be allowed to associate with untried prisoners at such times and in such manner as the Director determines.
338. (1) A civil prisoner may, if he so desires, wear his own clothing and have necessary changes of underclothing supplied from time to time:
Provided that – (a) the clothing is sufficient and suitable; (b) it shall be disinfected if the Medical
Officer so requires.
(2) A civil prisoner who does not wear his own clothing may be forfeited by a civil prisoner for the offence of escaping or attempting to escape from custody.
(3) The privilege of wearing his own clothing may be forfeited by a civil prisoner for the offence of escaping or attempting to escape from custody.
339. The rules relating to remission shall not apply to civil prisoners.
340. (1) A civil prisoner may be visited during such hours and under such restrictions as the Director determines and may write one letter and receive one letter in each week:
Provided that the officer in charge may, in a special
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case for special reasons allow additional letters to such reasonable extent as he deems advisable.
(2) These privileges shall be liable to forfeiture under these Rules provided that notwithstanding such forfeiture the writing or receiving of one letter and the receiving of one visit in four weeks shall be allowed.
Petitions to President.
Commun- ication with judge, etc., prohibited.
r. 42, 62(3)
341. (1) A prisoner shall, if he wishes to complain about his treatment or condition, be permitted to forward a petition to the President.
(2) Under no circumstances shall a prisoner be allowed to adopt any method of bring forward any complaint except in accordance with regular procedure.
342. Prisoners shall not be allowed to write to the judge or magistrate before whom he was tried, to the Director of Public Prosecutions or to other officials except the Registrar of the Supreme Court and the Commissioner of Police.
FIRST SCHEDULE
FORM 1
CERTIFICATE OF OFFICER IN CHARGE OF EXECUTION OF SENTENCE OF DEATH
I..........................................................................officer in charge of the..............................................................Prison, hereby certify that sentence of death was this day executed on.......................... ..........................................in the............................................Prison in my presence.
Dated this.............................day of................................20....
...........................................................
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Officer in Charge
FORM 2
CERTIFICATE OF MEDICAL OFFICER OF EXECUTION OF SENTENCE OF DEATH
I..........................................................................., Medical Officer of the..............................................................Prison, hereby certify that I have this day examined the body of.................................... .................................................on whom sentence of death was this day executed in my presence at the........................................ .............................Prison and on such examination found the said......................................................................to be dead.
Dated this.............................day of................................20....
........................................................... Medical Officer
r. 262
SECOND SCHEDULE
PUNISHMENT DIET No. 1
(a) This diet, when given for a period of three days, or less, shall consist each day of:
Breakfast 8 ozs. bread with water Dinner 8 ozs. bread with water
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(b) This diet, when given for more than three days shall consist each day for alternate periods of three days of:
(i) Breakfast 8 ozs. bread with water Dinner 8 ozs. bread with water; and
(ii) Breakfast 8 ozs. bread with water Dinner 8 ozs. bread with water,
one pint of porridge containing 1 ½ ozs. oatmeal,
8 ozs. potatoes.
(c) No prisoner who has been on Punishment Diet No. 1 shall be placed upon this diet for another offence until an interval has elapsed equal to the last period during which the prisoner was solely on a bread and water diet.
(d) Prisoners on Punishment Diet No. 1 shall be in solitary confinement without a mattress and without being required to perform any labour.
PUNISHMENT DIET No. II
(a) This diet shall consist each day of –
Breakfast 8 ozs. bread with water Lunch 8 ozs. bread, one pint of
Porridge containing 1 ½ ozs. oatmeal, 8 ozs. potatoes
Dinner 8 ozs. bread with water
(b) If a prisoner while on Punishment Diet No. II is guilty of misconduct, such diet may be temporarily interrupted and the prisoner may be placed on Punishment Diet No. I for a period not exceeding three days. On the expiration of the period during which he was placed on Punishment Diet No. I the prisoner shall resume the diet originally ordered and the period during which he
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was placed on Punishment Diet No. I shall not count as part of the period originally ordered on Punishment Diet No. II:
Provided that no prisoner who has been on Punishment Diet No. II for a period of 21 days continuously shall again be placed on any punishment diet until after the expiration of one week.
PRISON OFFICERS’ (UNIFORM) RULES R. 3/1960
Citation.
Free issue of uniforms. First Schedule.
Badges and insignia of rank. Second Schedule.
Replacements.
Articles of uniform and equipment the property of Governement.
made under section 56
1. These Rules may be cited as the Prison Officers’ (Uniform) Rules.
2. Uniforms and equipment shall be issued free of charge as prescribed in the First Schedule to the appropriate officer named therein.
3. Badges and insignia of rank shall be worn by officers of the Prisons as indicated in the Second Schedule.
4. The Director may, if he is satisfied that any article of uniform or equipment has been damaged in the course of duty and has become unserviceable, order in writing that such article be exchanged before its scheduled period of use has expired.
5. All articles of uniform shall remain the property of the Government for two years after the date of issue. All articles of equipment shall remain for all time the property of the Government.
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Certificate of return of equip- ment.
Clothing Book.
Replacement of clothing.
6. (1) Before the expiration of two years from the date of issue all articles of uniform and in any event all articles of equipment supplied in accordance with these Rules or any other Rules shall be surrendered to the storekeeper by the person to whom such articles have been issued upon the termination of the services of such person.
(2) Upon the surrender of articles in accordance with paragraph (1), the storekeeper shall furnish the Director with a certificate that the provisions of paragraph (1) have been complied with.
(3) Where an officer has not complied with the provisions of paragraph (1) or where the certificate of the storekeeper discloses a deficiency, the equivalent of value of any deficiency may be deducted from any moneys accruing to that Officer.
7. A Clothing Issue and Return Book shall be kept by the storekeeper at each prison. This book shall contain a separate account for each officer and each account shall have a debit and a credit side. On the debit side shall be entered in proper columns each article of clothing supplied and the officer receiving such article of clothing shall sign and date the receipt thereof opposite the entry of the issue. On the credit side shall be entered in similar manner each article of clothing supplied and the officer receiving such article of clothing shall sign and date the receipt thereof opposite the entry of the issue. On the credit side shall be entered in similar manner each article of clothing returned to the store. The storekeeper on receiving any article of clothing shall sign and date a receipt opposite the entry of the article returned, in the presence of the person delivering such clothing.
8. Any article of clothing required by a prison officer over and above the number of such articles allowed for the service of one year may be supplied on payment therefor,
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except in the case of clothing lost or damaged during the execution of duty, in which case a report shall be made to the Director of such issue.
Payment for damage to clothing or equipment.
Inspection of articles of clothing and equipment.
Rubber footwear.
Marking of clothing, etc.
9. Any article of uniform or equipment which has been damaged or rendered unserviceable through the act, neglect or default of a member of the service and not by fair wear and tear shall be paid for by the said member of the service at such rate, not exceeding three-quarters of the original cost thereof, as may be fixed by the Director.
10. Any member of the service may be required to produce for inspection any or all articles of uniform or equipment so long as they remain the property of the Government at any time when so ordered by the Director or any officer deputed in that behalf by the Director.
11. The Director may authorise at his discretion the issue of rubber footwear in lieu of boots to officers employed on Prison farms or to those officers working on projects which in the discretion of the Director necessitate the wearing of rubber boots.
12. Before being issued from the store, every article of uniform shall be stamped as follows, or in such manner as the Director may direct, namely –
Trousers – inside the seat at the back; Blue Tunics – inside the breast lining; Helmets and Caps – inside the top; Boots – inside top leather; Waterproofs – inside breast linings;
The month and year of issue shall be marked on each article.
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FIRST SCHEDULE Uniforms Initial
issue Annual
issue Biennial
issue
[R. 2/1975]
(a) DIRECTOR Cap two rows of silver oak leaf braid on peak ... ... ... Gorget patches two rows of silver oak leaf braid mounted on rifle green background worn on collars.
(b) DEPUTY DIRECTOR Cap one row of silver oak leaf braid on peak ... ... ... Gorget patches one row of silver oak leaf braid mounted on rifle green background worn on collars.
(c) SENIOR OFFICER Caps S.D. battle green ... ... ... ... Bush jackets} tetrum or other ... ... Trousers } suitable material ... ... Shoes black ... ... ... ... ... ... ... ... Waterproof coat K.D. ... ... ... ... Socks black ... ... ... ... ... ... ...
EQUIPMENT for paragraph (a) (b) and (c) Badge cap ... ... ... ... ... ... ... Buttons, white metal ... ... ... ... Whistle and lanyard ... ... ... ...
(d) CHIEF AND PRINCIPAL OFFICERS
2
2
2
2
2 3 2 prs. 2 prs. 1 2 prs.
1 2 sets 1
1 _
1 _
1 _
1 _
1 _ 2 _ 2 prs. _ 2 prs. _
_ 1 2 prs. _
_ _ _ _ 1 _
lanyard only
TRADE INSTRUCTORS Caps S.D. battle green ... ... 2 1 _ Shirts, blue striped material ... 3 3 _ Trousers blue serge ... ... ... 2 prs. 2 prs. _ Shoes black ... ... ... ... ... Waterproof coat K.D. ... ...
2 prs. 1
2 prs. _
1 pr. 1
Waterproof cap cover ... ... 1 1 _ Socks black ... ... ... ... ... 2 prs. 2 prs. _
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Uniforms Initial issue
Annual issue
Biennial issue
EQUIPMENT Badge cap ... ... ... ... ... Buttons, white metal ... ... Belt waist, leather black ... ... Baton ... ... ... ... ... ... ... Key – chain and hook ... ... Whistle and lanyard ... ...
(e) PRISON OFFICERS Caps S.D. black ... ... ... Shirts 1 blue striped material ... Trousers, blue serge ... ... ... ... Boots ankle leather ... ... ... ... Socks black ... ... ... ... ... ...
1 2 sets 1 1 1 each 1 each
2 3 2 prs. 2 prs. 2 prs.
_ _ _ _ _ _ _ _ _ _ 1 _
lanyard only
1 _ 3 _ 2 prs. _ 2 prs. _ 2 prs. _
EQUIPMENT Buttons, white metal ... ... 2 sets _ _ Belt waist, leather black ... ... 1 _ _ Cap badge ... ... ... ... ... 1 _ _ Baton ... ... ... ... ... ... ... 1 _ _ Key – chain and hook ... ... 1 each _ _ Whistle and chain ... ... 1 each _ _ Waterproof coat, blue ... ... 1 _ 1
(f) WOMAN PRINCIPAL OFFICERS Caps S.D. battle green ... ... 2 1 _ Skirts, blue serge ... ... ... ... 3 2 _ Shirts, striped material ... ... 3 3 _ Shoes black ... ... ... ... ... ... 2 prs. 2 prs. _ Belt, serge with buckle ... ... 1 1 _ Waterproof coat K.D. ... ... 1 _ 1 Stockings ... ... ... ... ... ... 3 prs. 2 prs. _ Whistle and lanyard ... ... ... 1 each 1 _
lanyard Key – chain and hook ... ... ... 1 each only _
1
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(g) FEMALE OFFICERS Same as Male Prison Officers, generally, with the exception of trousers in which case skirts would be substituted.
(h) FOR CEREMONIAL PURPOSES (i) SENIOR OFFICERS
One grey tunic } Every 5 years One pair of grey trousers} Every 5 years
(ii) ALL CONFIRMED OFFICERS up to the rank of Chief Officer would be issued with one white tunic every three years in addition to their normal dress.
SECOND SCHEDULE
BADGES AND INSIGNIA OF RANK
(a) Badges, Cap – All Ranks. Crossed keys surrounded by a laurel wreath surmounted by a crown. Buttons – All ranks. Medium and small, White metal with arms of Guyana embossed.
(b) Badges: Director of Prisons – One white metal Indian arrow head crown and
three stars on each shoulder strap. Deputy Director of Prisons – One white metal Indian arrow head
crown and two stars on each shoulder strap. Senior Superintendent of Prisons – One white metal Indian arrow
head crown and one star on shoulder strap. Superintendent of Prisons – One white metal Indian arrow
head crown on shoulder strap. Assistant Superintendent of Prisons – Three white metal stars on each
shoulder strap. Chief Officer – Two white metal Egyptian stars on each shoulder
strap. Principal Officer – One white metal Egyptian star on each
shoulder strap. Trade Instructor – One white metal Egyptian star on each
shoulder strap. Storekeeper – One white metal Egyptian star on each shoulder
strap. Steward – Three white metal stars on each shoulder strap. Prison Farm Supervisor – Three white metal stars on each shoulder
strap.
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[Subsidiary] Prison ficers’ Association Rules
PRISON OFFICERS’ ASSOCIATION RULES
made under section 56 Citation.
Interpretation.
c.98:03
Constitution and objects of the association.
1. These Rules may be cited as the Prison Officers’ Association Rules.
2. In these Rules, a “prohibited association” means –
(a) any trade union as defined by the Trade Unions Act, whether or not the union is registered or incorporated or anybody or association affiliated thereto;
(b) anybody or association, any of the objects of which may be subversive of good discipline on the part of a prison officer, and which the Director shall, with the approval of the Minister, declare to be a prohibited association and any declaration made under this paragraph shall be final and conclusive.
3. (1) There shall be established for the members of the subordinate staff an association to be called “The Prison Officers’ Association” (hereinafter referred to as “the Association”), for the purpose of enabling the members of the subordinate staff to consider and bring to the notice of the Director and the Minister matters affecting their conditions of service.
(2) The Association shall be entirely independent of and unassociated with any prohibited association and shall have no power to make representations in relation to any matter of discipline, promotion, transfer or leave, or any other matter affecting individuals.
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(3) Only members of the subordinate staff shall be members of the Association and the Association shall act through Branch Boards and a Central Conference as hereinafter provided.
Branch Boards.
Elections.
Delegates.
Representation.
Central Conference.
4. (1) A Branch Board shall be constituted for each of the prisons situated at Georgetown, New Amsterdam and Mazaruni.
(2) Each Branch Board shall consist of four members elected from amongst the members of the subordinate staff of the prison for which the Branch Board is constituted.
(3) All members of the subordinate staff of any prison aforesaid shall have the right to vote at the election of members of the Branch Board for such prison.
5. The elections shall take place annually on such days as the Director may fix but not later than the 15th August in each year.
6. The members of each Branch Board shall at the annual meeting elect from among its members two delegates to the Central Conference as hereinafter provided.
7. Each Branch Board may, in addition to submitting any representations to the officer in charge of the prison for which the Board is constituted, submit through those officer representations to the Director.
8. The Central Conference shall be held in Georgetown in each year in the month of November but additional meetings for any special purpose may be held with the consent of the Director on such date as the Director may approve.
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Constitution of Central Conference.
Elections to be by secret ballot.
Elector to give only one vote to any candidate.
Procedure governing elections.
Filling of vacancies.
Officers.
Chairman to have casting vote.
Power to Branch Boards and Central Conference to regulate its own procedure.
9. The Central Conference shall consist of delegates elected by members of the Branch Boards of the Georgetown Prison, the New Amsterdam Prison and the Mazaruni Prison, as provided for in rule 6.
10. All elections shall be by secret ballot.
11. At any election under these Rules, each elector may cast one vote for each of any number of candidates not exceeding the number to be elected.
12. The Director may be General Order prescribe the manner in which the election of the members of Branch Boards and of the delegates to the Central Conference is to be conducted.
13. Each Branch Board may summon a meeting of the members of the subordinate staff of the prison for which the Branch Board is constituted for the purpose of filling vacancies occurring amongst the members or delegates of such Branch Board.
14. Each Branch Board and the Central Conference respectively shall elect a Chairman and a Secretary from amongst its members.
15. The Chairman at any meeting of a Branch Board or of the Central Conference shall have an original and a casting vote.
16. Subject to the provisions of these Rules, every Branch Board and the Central Conference may regulate its own procedure, including the appointment of committees or sub-committees:
Provided that the first meeting of every Branch Board
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and of the Central Conference shall be convened in such manner and the procedure to be followed thereat shall be such, as the Director may direct.
Representa- tions by Central Conference.
Meetings.
Malt or spirituous liquor not to be consumed at meetings.
Facilities for meetings.
17. The Central Conference may submit representations in writing to the Director and shall consider and report on any matter referred to it by the Director.
18. Branch Boards may hold monthly meetings, in addition to the annual meeting but additional meetings for any special purpose may be held with the consent of the Director. No meeting shall last more than one day except with the consent of the Director.
19. Malt or spirituous liquor shall not be consumed at any meeting of Branch Boards or of the Central Conference.
20. Except where, in special circumstances, a member of the subordinate staff is required for duty for which no substitute is available, permission shall be given for attendance at all meetings of Branch Boards or of the Central Conference, and every such attendance shall, as regards allowances and expenses, be deemed to be an occasion of prison duty.
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[Subsidiary] Senior Prison Officers’ Association Rules
R. 4/1960
Citation.
Interpretation.
Objects of the Association.
Election of Committee.
SENIOR PRISON OFFICERS’ ASSOCIATION RULES
made under section 56
1. These Rules may be cited as the Senior Prison Officers’ Association Rules.
2. In these Rules, the expression “senior officer of the Prison Department” means any Prison Officer not below the rank of the Deputy Assistant Superintendent or Steward in the Prison Department but does not include the Director or Deputy Director.
3. (1) There shall be established for the senior officers of the Prison Department, an association to be called “The Senior Prison Officers’ Association” (hereinafter referred to as “the Association”), for the purpose of enabling senior officers of the Prisons Department, to consider and bring to the notice of the Director and the Minister, matters affecting their conditions of service.
(2) The Association shall be entirely independent of and un-associated with any body outside the Prison Department, and shall have no power to make representations in relation to any matter of discipline, promotion, transfer or leave, or any other matter affecting individuals.
4. (1) The Association shall act through a Committee comprising of two representatives to be elected in accordance with these Rules.
(2) The election of the representatives to the Committee shall be made from members of the Association and shall take place annually in the month of September on such day as the Director may fix, and the annual General Meeting of the Association shall be held not later than the 30th
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October in each year.
(3) All elections shall be by secret ballot.
(4) At any election under these Rules, each member of the Association shall be entitled to one vote for every seat to be filled.
Chairman.
Times at which Committee shall meet.
General meeting of members.
Leave of absence.
Vacancies.
Co-opting.
5. The Chairman of the Committee shall be the senior representative in rank on the Committee.
6. The Committee shall meet at least once in every six months.
7. The Committee may, with the approval of the Director, summon a general meeting of the members of the Association at any time.
8. The Committee may grant leave of absence to any representative, and in such case it shall appoint another member of the Association to be a representative on the Committee during the absence on leave of such representative.
9. In the event of a representative on the Committee ceasing to be a senior officer of the Prison Department, his seat on the Committee shall become vacant, and notwithstanding rule 4(2), an election to fill the vacancy shall be held on such day as the Director may fix.
10. The Committee may for any special purpose, co- opt any member of the Association it deems necessary, but a member so co-opted shall not thereby become a representative on the Committee or have the right to exercise a vote on the Committee.
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Facilities for meetings.
11. Except where in special circumstances a senior office of the Prison Department is required for duty for which no substitute is available, permission shall be given for attendance at all meetings duly summoned, and every such attendance shall, as regards allowances and expenses, be deemed to be an occasion of official duty.
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