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Prisons and Corrections Act – 2013

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rangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation
3. Guiding principles under
this Act

PART II
PRISONS AND
CORRECTIONS SERVICE

4. Samoa Prisons and
Corrections Service
5. Commissioner of Prisons
and Corrections and
Assistant Commissioner
6. Members of the Service
7. Termination of
Commissioner or Assistant
Commissioner
8. Suspension of the
Commissioner and
Assistant Commissioner
9. Termination of other
members
10. Other employment related
provisions
11. Uniforms, insignias and
identity cards
12. General obligations of
members
13. Powers, protections and
privileges of sworn
members
14. Disciplining members
15. Prisons and Corrections
Officers Associations

PART III
ESTABLISHMENT
AND ADMINISTRATION
OF PRISONS

16. Establishment of prisons,
temporary prisons and
corrections facilities
17. Appointment of officers-
in-charge and senior
officers
18. Authorisation of members
to act in other positions
within prisons
19. Appointment of Visiting
Medical Officers

PART IV
PRISON INSPECTIONS
AND OFFICIAL VISITS

20. Prisons inspections
21. Visits by Visiting Medical
Officers
22. Visiting Justices



2 Prisons and Corrections 2013, No. 11
23. Other arrangements for
official visits
24. Investigation by
Ombudsman and other
agencies
25. Role of Chaplain, church
ministers and community
leaders
26. Power to order prison
inquiries

PART V
ADMISSION AND
CONFINEMENT OF
PRISONERS

27. Admission of prisoners
28. Arrangements for certain
prisoners upon admission
29. Information to be provided
on admission
30. Medical examination
31. Initial classification
32. Remission of sentence
33. Diet and food rations
34. Transfers from prison

PART VI
MEDICAL TREATMENT,
INFECTIOUS DISEASES
ETC.

35. Provision of medical
treatment
36. Access to other medical
and related services
37. Keeping of medical
records
38. Dealing with infectious
diseases

PART VII
CLASSIFICATION
OF PRISONERS
39. Objectives in classifying
prisoners
40. Prisoner classification
procedures
PART VIII
DISCIPLINING
PRISONERS
41. Prison offences
42. Impermissible penalties
43. Proceedings for prison
offences
PART IX
USE OF FORCE,
RESTRAINTS AND
FIREARMS
44. Use of force
45. Firearms not to be kept or
used by the Service
46. Use of instruments of
restraint
PART X
PRISON LABOUR,
PROGRAMMES AND
ENTERPRISES

47. Approved prison labour
48. Work for unconvicted
prisoners
49. Prison enterprises
PART XI
SCHEMES FOR
EARLY RELEASE
50. Early release and pre-
release programmes
51. Weekend and short term
release
PART XII
DISCHARGE OF
PRISONERS
52. Discharge of prisoners
53. Parole of prisoners
54. Support for prisoners after
release
PART XIII
OFFENCES
55. Offences by members



2013, No. 11 Prisons and Corrections 3
56. Inciting and harbouring
57. General offences
concerning prison
management

PART XIV
MISCELLANEOUS

58. Transfer of assets, records,
etc.
59. Prisons and Corrections
Service Fund
60. Regulations,
Commissioner’s Orders
etc.
61. Repeal
62. Transitional arrangements
and savings
63. Amendments to other laws

Schedule

__________

2013, No. 11

AN ACT to repeal the Prisons Act 1967 and to provide
for the re-organisation and reform of prisons in
Samoa by the establishment of a Samoa Prisons and
Corrections Service with necessary transitional
arrangements, and by reforms to the management of
prisons and the treatment of prisoners in accordance
with Samoan customs and traditions and accepted
practices and standards, and with an objective of
providing a corrections based system, and for related
purposes. [5th
June 2013]

BE IT ENACTED by the Legislative Assembly of Samoa
in Parliament assembled as follows:

PART I
PRELIMINARY

1. Short title and commencement-(1) This Act may be
cited as the Prisons and Corrections Act 2013.
(2) The Minister may nominate the commencement of
this Act, and may nominate different commencement dates
for certain sections or Parts.
(3) The Minister may take, or authorise the taking of,
any necessary preparatory action for the establishment of the
Service, including the appointment of a Commissioner and


4 Prisons and Corrections 2013, No. 11

other members, prior to the formal transfer of responsibility
for the management of prisons from the Police Service to the
Prisons and Corrections Service.

2. Interpretation - In this Act, unless the context
otherwise requires:
“CEDAW” means the United Nations Convention on the
Elimination of all Forms of Discrimination Against
Women;
“civil prisoner” means a prisoner ordered to serve a term
of imprisonment for failing to pay a debt;
“commencement date” means the day on which this Act
commences to transfer responsibility for the
management of prisons from the Police Service to
the Prisons and Corrections Service;
“Commissioner” means the person appointed as
Commissioner of Prisons and Corrections under
section 5, and includes any sworn member appointed
to act as Commissioner;
“Commissioner’s Orders” means Orders made by the
Commissioner under this Act;
“convicted prisoner” means a prisoner who has been
convicted by a court and sentenced to a term of
imprisonment, whether or not there is an appeal
pending in relation to the conviction;
“CRC” means the United Nations Convention on the
Rights of the Child;
“effective sentence” means the term of imprisonment
that a prisoner is to serve, after taking into account
remission under this Act;
“firearm” includes ammunition, but does not include a
gun which only discharges tear gas canisters or other
similar item, or any other device which can be used
to restrain a prisoner or to render a prisoner
temporarily immobile without the firing of any bullet
or other ammunition;
“independent prison inspector” means an inspector
appointed under section 20(5);
“Judge” means a judge of the Supreme Court or the
District Court;
“lawful order for detention” includes:
(a) a warrant of commitment made by, or with the
authority of a court; or


2013, No. 11 Prisons and Corrections 5

(b) any other order of a court committing a person to
prison; or
(c) an authority committing a person to the prison
signed by a police officer in charge of any
police station, if -
(i) the prisoner cannot be
accommodated in a cell at the police
station; and
(ii) it is not practicable to obtain the
order of a court for the commitment of
the prisoner to the prison; or
(d) an order for the detention of a person signed by
an immigration officer having power to do
so; or
(e) any other order made under an Act which
provides for the arrest, detention or committal
of a person to prison.
“member” means a sworn member or a non-sworn
member of the Service;
“officer-in-charge” means a sworn member appointed
under section 17 to be in charge of a prison (or any
specific part of a prison where more than one (1)
category of prisoner is in custody), by whatever title
the Commissioner determines the officer is to be
called, and includes any member acting in that
position;
“Parole Board” means the Prisons Parole Board
established under the Prisons Parole Board Act 1977;
“prison” means a prison, temporary prison or corrections
facility established under section 16, or any other
building or place deemed to be a prison or
corrections facility under this Act or other Act;
“prison inspector” means a person appointed under
section 20;
“prisoner” means a prisoner incarcerated in a prison,
including an unconvicted prisoner or a civil prisoner;
“Prisons and Corrections Service” means the Prisons and
Corrections Service established by section 4;
“prohibited article” means an article, item, foodstuff
or thing prescribed by the Regulations or
Commissioner’s Orders as being an item that may
not be brought into, or removed from, a prison by
any person other than a member;


6 Prisons and Corrections 2013, No. 11

“senior officer” includes the Assistant Commissioner, an
officer-in-charge and any other sworn member of a
rank determined by the Commissioner to be a senior
officer of the Service;
“Service” has the same meaning as “Prisons and
Corrections Service”;
“Visiting Medical Officer” means a medical officer
appointed under section 19(1) to be a Visiting
Medical Officer;
“young prisoner” means any prisoner aged 18 or
younger.

3. Guiding principles under this Act - When
interpreting or applying a provision of this Act, and when
carrying out duty, power or function, all persons must:
(a) ensure that prisons are managed in accordance
with Samoan tradition, culture and
community values, and in such a manner as
will facilitate the return to ordinary life in the
Samoan community of a prisoner when
released from prison; and
(b) ensure that full regard is had to the recognised
international standards and obligations
relating to the treatment of prisoners (and in
particular those stated in any international
Convention to which Samoa is a Party, and in
The Standard Minimum Rules for the
Treatment of Prisoners adopted at Geneva in
1955), and that these standards are applied to
the fullest extent possible; and
(c) apply to the fullest extent possible the rights and
obligations of CEDAW and CRC in the
administration of Samoa’s prisons and the
treatment of prisoners; and
(d) maintain discipline and order with fairness but
firmness, and with no more restrictions than
is required for the proper management of
prisons and prisoners in accordance with
Samoan cultural and community values; and
(e) facilitate the shift of underlying philosophy from
the containment of prisoners to the provision
of effective and appropriate correctional
services; and


2013, No. 11 Prisons and Corrections 7

(f) at all times in treating convicted prisoners,
encourage their self-respect and a sense of
personal responsibility so as to re-build their
morale and to instil in them habits of good
citizenship and hard work with a view to
them leading a good and useful life after their
discharge; and
(g) when controlling prisoners by members, seek to
influence the prisoners through the members’
examples and leadership so as to enlist the
prisoners’ willing co-operation; and
(h) ensure that prisoners who are infected with an
infectious disease or suffering any serious
illness or any disability are treated in a
manner which takes into account their basic
rights and special needs.

PART II
PRISONS AND CORRECTIONS SERVICE

4. Samoa Prisons and Corrections Service-(1) The
Samoa Prisons and Corrections Service is established by this
section and is to be managed in accordance with the
provisions of this Act.
(2) The functions of the Samoa Prisons and Corrections
Service are:
(a) to perform duties and functions and exercise
powers in accordance with this Act, and other
Act laws; and
(b) to manage prisons; and
(c) to provide for the management, custody, care and
rehabilitation of prisoners lawfully held in
custody; and
(d) to perform any other functions given to it under
this Act or any other Act.
(3) All references in a law, instrument or official
document relating to the previous role of the Police Service
in relation to the management of prisons and prisoners is
deemed to refer to the Samoa Prisons and Corrections
Service, or a member of the Prisons and Corrections
Service.


8 Prisons and Corrections 2013, No. 11

5. Commissioner of Prisons and Corrections and
Assistant Commissioner-(1) The Head of State, acting on
the advice of Cabinet, may appoint a qualified and fit and
proper person to be:
(a) the Commissioner of Prisons and Corrections;
and
(b) the Assistant Commissioner of Prisons
and Corrections, if the Commissioner
recommends to Cabinet that the appointment
is necessary for the proper management of
the Service.
(2) The Commissioner of Prisons and Corrections is the
Head of the Samoa Prisons and Corrections Service, who:
(a) subject to the orders and directions of
the Minister, has the function for the
administrative command and direction of all
members; and
(b) has the duty to undertake the management of
prisons and prisoners in accordance with the
policies of the Government relevant to the
management and treatment of prisoners; and
(c) for the purpose of exercising any powers
under this Act, has the power to make
Commissioner’s Orders applying to members
and prisoners; and
(d) is responsible for the control of all prisoners and
may allocate them to such prisons as the
Commissioner sees fit; and
(e) has the power to designate the classification,
purpose and function of any prison; and
(f) is to ensure that an infrastructure development
plan and related work programmes are
developed and up-dated to ensure that proper
facilities are provided to the Service to meet
the requirements and objectives of this Act;
and
(g) has the power to make delegations of the
Commissioner’s functions and authority by
written instrument of delegation -
(i) to any sworn member, if the power
can be properly exercised by the sworn
member; and


2013, No. 11 Prisons and Corrections 9

(ii) to any non-sworn member, if the
power can be exercised under this Act
and any law relating to the financial
management of the Service or any other
aspect of its lawful administration.
(3) The duties of the Assistant Commissioner are:
(a) to act as Commissioner in the absence of the
Commissioner from duty for any reason; and
(b) to assist the Commissioner in the exercise of the
Commissioner’s functions and powers; and
(c) to exercise all delegated and other necessary
powers, subject to any limitation or
requirement imposed by the Commissioner.
(4) A person appointed under subsection (1):
(a) may be appointed for a period not exceeding
three (3) years, fixed by the Head of State,
acting on the advice of Cabinet; and
(b) is eligible for reappointment but on expiry of the
term, continues in office until reappointed or
another person is appointed.
(5) The salary and allowances of the persons appointed
under this section are to be determined by Cabinet, having
regard to the advice of the Remuneration Tribunal, and all
other terms and conditions are to be stated in a contract of
appointment, which are to have effect subject to this Act.
(6) Regulations may also prescribe other terms and
conditions relating to the appointments made under this
section and in relation to the employment of the
Commissioner and the Assistant Commissioner.
(7) Despite any other law, the Commissioner may:
(a) make a decision, give a directive and do an act or
thing to ensure the security and good
governance of a prison; and
(b) require that a person purporting to exercise a
lawful power of inspection or entry in a
prison, first comply with a directive related to
prison security and management; and
(c) require that any interviewing or questioning,
under a lawful authority, of a sworn member
whilst on duty within a prison, be done at the
times and places, and in a manner as to
permit the member to properly carry out the
member’s duty or power; and


10 Prisons and Corrections 2013, No. 11

(d) vest in a sworn member the right to carry out any
duty or power under this section.

6. Members of the Service-(1) The Service consist of
sworn members and non-sworn members of the Service.
(2) The sworn members are to consist of such ranks as
the Minister may prescribe by Order in the Savali, and until
such determinations are made, the ranks applying at the
commencement date continue to apply, with necessary
modifications determined by the Commissioner.
(3) All sworn members must take before the
Commissioner or a Judge the oath set out in the Schedule.
(4) The ranks designated under subsection (2) may
classify members as Prisons Officers or Corrections
Officers, and may use any other appropriate classification.
(5) All persons who:
(a) at the commencement date are officers and
employees of the Police Service engaged in
any aspect of the management of prisons; and
(b) indicate their consent to their transfer to the
Service,
may by Order of the Minister, be deemed to be sworn or
non-sworn members of the Prisons and Corrections Service
at an equivalent rank or position, and are to be subject to the
provisions of this Act.
(6) Members deemed to be appointed under subsection
(5) are transferred to the Service without loss of any
entitlement or benefit, applying to their service in the Police
Service, including any benefits under any fund administered
for the welfare of police officers.
(7) Persons employed under contract with the Police
Service may be transferred to the Prisons and Corrections
Service in accordance with subsection (5), and all such
contracts are deemed to have been made with the Prisons
and Corrections Service, and continue for the remainder of
their duration.
(8) The Commissioner is deemed for all lawful purposes
to be the employer of the sworn and non-sworn members,
and has all rights, duties and powers of an employer in
respect of all members, but this does not create an
employment relationship in circumstance where a non-
sworn member is engaged under contract to the Service on a
basis other than as an employee of the Service.


2013, No. 11 Prisons and Corrections 11

(9) Subject to the Constitution and any Act, the
Commissioner must carry out his or her functions and
responsibilities as an employer in accordance with the
following principles:
(a) appointments and promotions are to be made on
the basis of merit; and
(b) decisions on employment matters are to be made
fairly, properly and promptly; and
(c) members have the right to access to simple and
fair grievance systems; and
(d) members are entitled to receive reasonable
remuneration and terms and conditions of
service; and
(e) eligible persons are entitled to reasonable
opportunity to apply for employment in the
Service; and
(f) principles of equal opportunity apply to all
aspects of the Service, subject to the
requirements of this Act which call for the
proper treatment of prisoners by members of
the same sex; and
(g) there are to be sufficient number of members
employed in the Service to ensure the
effective and efficient management of prisons
and the fair and humane treatment of
prisoners.
(10) All members are to act under the direction of the
Commissioner and their superior officers or supervisors in
the discharge of their lawful functions, powers and duties.
(11) Members hold office in accordance with procedures
prescribed by Regulations or specified in Commissioners’
Orders and conditions of employment approved by the
Commissioner, which may make the following provisions:
(a) the procedures applying to the appointment and
promotion of members; and
(b) the qualifications for appointment and promotion
of members; and
(c) the vesting of other appropriate powers in the
Commissioner in relation to any aspect of the
employment of members; and
(d) the powers of the Commissioner to employ
temporary members where -


12 Prisons and Corrections 2013, No. 11

(i) the number of subordinate
members in a prison is insufficient to
secure its good management and security;
and
(ii) there are no female officers or
sufficient numbers in a prison where
female prisoners are confined; and
(e) a probation period to be served; and
(f) the period of service, and retirement ages of
members; and
(g) the provision of appropriate training, and
requirements for members to undertake
training courses and programmes; and
(h) the circumstances in which a member may be
discharged from duty, and the procedures for
discharge of members, which must take into
account the requirements of natural justice;
and
(i) the recognition of the constitutional rights of
equality of all persons in relation to the
appointment processes, opportunities for
advancement and training, and the allocation
of roles and responsibilities within the
Service.
(12) The terms and conditions applying to the
appointment of members are, as near as is practicable, to be
the same as those applying to equivalent ranks and positions
in the Police Service.
(13) In the absence of any Regulations, Commissioner’s
Orders or approved conditions of employment applying
under this section, any employment related arrangement
applying under the Police Service Act 2009 applies to
members of the Prisons and Corrections Service with
necessary modifications, and the Commissioner may apply
any such procedure and make any decision or take any
action accordingly.

7. Termination of Commissioner or Assistant
Commissioner-(1) The Head of State, acting on the advice
of Cabinet, may terminate the appointment of the
Commissioner or the Assistant Commissioner for breach of
duty or on grounds of incapacity if the Commissioner or
Assistant Commissioner:


2013, No. 11 Prisons and Corrections 13

(a) has behaved in a manner likely to affect the
confidence of the community in the ability of
the Commissioner or Assistant Commissioner
to perform his or her functions, duties and
powers under this Act; or
(b) has failed to keep discipline within the Service or
at a prison; or
(c) is unable to perform his or her functions, duties or
powers by reason of physical or mental
incapacity.
(2) The Head of State, acting on the advice of Cabinet,
shall terminate the appointment of the Commissioner or the
Assistant Commissioner if he or she is convicted of an
offence for which a term of imprisonment may be imposed.
(3) The power to terminate under this section applies
irrespective of any terms of the contract relating to the
appointment of the Commissioner or the Assistant
Commissioner.
(4) Before a decision for termination is taken under this
section, an inquiry may be held if ordered by the Minister
under section 26, or if required by the Prime Minister, after
consultation by the Minister or the Prime Minister with the
Attorney General.
(5) The Ombudsman is to be a member of the committee
undertaking the inquiry under subsection (4) to terminate the
Commissioner.

8. Suspension of the Commissioner and Assistant
Commissioner-(1) The Head of State, acting on the advice
of Cabinet, may suspend the Commissioner or the Assistant
Commissioner from office if there are grounds for
suspecting that the Commissioner or the Assistant
Commissioner may be terminated under section 7.
(2) A suspension made under this section applies until
the date of the final decision to terminate is made under
section 7, and the suspension may be with or without pay, as
determined by Cabinet.
(3) The Commissioner or the Assistant Commissioner
automatically becomes suspended under this subsection if he
or she is charged with an offence punishable by
imprisonment, and Cabinet may determine whether or not
the suspension is to be with or without pay, taking account
of the seriousness of the charge.


14 Prisons and Corrections 2013, No. 11

9. Termination of other members-(1) A member is
terminated or deemed to be terminated in the following
circumstances, if the member:
(a) has given at least one (1) month’s notice in
writing to the Commissioner of the member’s
intention to leave the Service; or
(b) has been determined by the Commissioner, acting
on proper medical advice, to be medically
unfit to carry out the member’s duties; or
(c) is dismissed for poor work performance on
grounds and in accordance with procedures
determined by the Commissioner or
prescribed in Regulations; or
(d) is convicted of an offence for which a term of
imprisonment is imposed.
(2) The powers of a member under this Act
automatically and immediately cease on the date of
termination or deemed termination of the member under this
section.

10. Other employment related provisions-(1)
Regulations or Commissioner’s Orders may make provision
for any employment related matter applying to members,
including the following:
(a) procedures for resignation from the Service, and
the implications arising from resignation;
(b) procedures, entitlements and obligations relating
to retirement;
(c) retirement on medical grounds;
(d) disciplining members on the ground of poor work
performance, and any other ground relating to
maintaining the efficient operation of the
Service, proper management of prisons or the
provision of corrections;
(e) conduct which amounts to breach of a member’s
duty;
(f) procedures for appeals against termination or
other disciplinary action.
(2) If no Regulations or Commissioner’s Orders provide
for matters under subsection (1), any provision of the Police
Service Act 2009 relating to the matters specified
in subsection (1) applies to members of the Service, and the


2013, No. 11 Prisons and Corrections 15

Commissioner may apply any procedure provided by or
under that Act and make any decision or take any action
accordingly.

11. Uniforms, insignias and identity cards-(1) The
Commissioner must determine the uniforms to be worn by
members, and all insignias to designate rank, length of
service or any other matter.
(2) The identity card to be issued to the members must:
(a) be of a type and in a form approved by the
Commissioner; and
(b) clearly indicate whether the member is a sworn
member or a non-sworn member; and
(c) be signed by the Commissioner or a delegate of
the Commissioner; and
(d) for a sworn member, be for all lawful purposes
evidence of the sworn member’s appointment
under this Act and of the sworn member’s
right to exercise the powers provided for
under this Act.
(3) All members must:
(a) keep their identity cards in their safe-keeping;
and
(b) ensure that their identity cards are not used by
other members or persons for any unlawful or
improper purpose; and
(c) produce their identity cards when requested to do
so when carrying out any responsibility or
power; and
(d) immediately report to a senior officer the loss or
theft of the identity cards; and
(e) promptly return the identity cards to the
Commissioner upon ceasing to be members.
(4) A member who breaches this section commits an
offence and is liable upon conviction to a fine not exceeding
10 penalty units, and the breach is a ground for disciplinary
action.
(5) The lawful discharge by a member of any
responsibility or power under this Act is not dependent upon
the member being in uniform or being in possession of the
member’s identity card, or any other evidence of the
member’s right to exercise the relevant responsibility or
power.


16 Prisons and Corrections 2013, No. 11

12. General obligations of members-(1) The following
obligations apply to members:
(a) no sworn member may resign without the
approval of the Commissioner; and
(b) a sworn member continues to be a sworn member
(if required to do so by the Commissioner) if
the period of the member’s appointment
expires during a state of war or a period of
public emergency declared by law; and
(c) a sworn member may be required for duty in any
part of Samoa, and is subject to being
recalled to duty during times when the
member is not rostered on duty at any prison;
and
(d) no member may engage in any employment or
business venture, or hold any office outside
of the Service, unless approved by the
Commissioner; and
(e) no member may receive any fee or gratuity from
any prisoner, or prison visitor, or any person
who is an ex-prisoner or a friend of a
prisoner; and
(f) no member may have any business dealings with
a prisoner, or have any other relationship
with a prisoner which may compromise the
security or good governance of the prison.
(2) No member may take part in an election or general
election or in any way influence or seek to influence any
voter at an election or general election for the Legislative
Assembly other than by voting, unless the member applies
for and obtain leave from the Commissioner for the duration
of the relevant election period.
(3) A member who breaches this section commits an
offence and is liable upon conviction to a fine not exceeding
10 penalty units, and the breach is a ground for disciplinary
action.

13. Powers, protections and privileges of sworn
members-(1) In addition to the powers conferred by this
Act, a sworn member:
(a) may carry out any duty or powers prescribed in
the Regulations and Commissioner’s Orders;
and


2013, No. 11 Prisons and Corrections 17

(b) has the power given to police officers under
section 63 of the Police Service Act 2009 to
ascertain and record the particulars of
identification of a prisoner, including the
power to photograph a person and to take
finger prints and if necessary forensic
samples as defined in section 20 of the Police
Powers Act 2007, and the power to use
reasonable force in the exercise of these
powers; and
(c) must obey any lawful directions of a superior
officer, and for this purpose may do any act
or thing directed or authorised by the superior
officer; and
(d) may examine and search -
(i) the clothing of any person coming
into a prison; and
(ii) any prisoner and anything in a
prison or which is being brought into a
prison; and
(iii) any vehicle, container or object in
the vicinity of a prison which a sworn
member has reason to believe may
contain any prohibited article or any other
device, implement or thing which may
adversely affect the proper management
of the prison; and
(e) if reasonably suspecting that a prohibited article
is being brought into a prison, may stop and
search a person upon entering a prison; and
(f) may use a dog for the purpose of conducting
searches, and for any other purpose
prescribed by Regulations or Commissioner’s
Orders; and
(g) may seize a prohibited article that has been
brought into a prison or found within the
vicinity of a prison, and deal with any such
article in accordance with section 64 of the
Police Service Act 2009, or in any other
prescribed manner; and
(h) may arrest, without a warrant and to deliver to the
custody of a police officer, any person -


18 Prisons and Corrections 2013, No. 11

(i) who commits, or attempts to
commit an offence against this Act; or
(ii) fails to give to the sworn member
his or her name and address when the
sworn member reasonably suspects that
the person has committed an offence
against this Act; or
(iii) gives a false name and address in
the circumstances stated in subparagraph
(ii); and
(i) may call for assistance in accordance with section
62 of the Police Service Act 2009, and any
person who fails to render assistance commits
the offence prescribed in that section; and
(j) may arrest and deliver to a senior officer any
other sworn member whom the member has
reasonable grounds for believing is a deserter
from the Service.
(2) When grounds exist that justify a search, the search
may include a strip search and a search of internal body
cavities.
(3) If the person to be searched is not a prisoner, the
sworn member undertaking the search must, after first
giving that person the opportunity to leave the prison, ensure
that the search is conducted only by a sworn member of the
same sex as the person being searched.
(4) A sworn member has the powers, protections and
privileges of a police officer when:
(a) transporting any prisoner to or from any prison;
or
(b) apprehending any person who may have escaped.
(5) A senior officer has the powers, protections and
privileges prescribed by law and vested in a police
officer relating to making and enforcing proclamations
commanding rioters, or persons in riotous assembly, within
or in the vicinity of a prison, to disperse.
(6) A member has the same protection given to a police
officer under section 66 of the Police Service Act 2009, and
is immune from criminal or civil proceedings when acting in
good faith:
(a) in carrying out any duty or power under this Act;
and


2013, No. 11 Prisons and Corrections 19

(b) in the execution of a warrant or lawful detention
order issued by a court or under any law; and
(c) in complying with any lawful order or directive
made by the Commissioner, the Assistant
Commissioner, a senior officer or an officer-
in-charge, under this Act.

14. Disciplining members-(1) Disciplinary offences
applying to all members may be prescribed or specified in:
(a) Regulations made under this Act; and
(b) Commissioner’s Orders.
(2) The disciplinary procedures applying to members are
to be in accordance with the principles of natural justice and
prescribed by Regulations, including the following matters
relating to:
(a) the suspension of a member pending investigation
or the hearing of any complaint, the duration
of suspensions and the withdrawal of pay and
privileges pending the determination of
proceedings;
(b) the powers of the Commissioner and senior
officers to deal with disciplinary offences of a
minor nature, and the procedures and
punishments to be applied;
(c) the powers of the Commissioner to review
proceedings and punishments applied by
senior officers;
(d) the powers of the Commissioner to suspend
punishments;
(e) the formal hearing of disciplinary proceedings
by Judges or tribunals, including their
procedures, powers and rights to impose
punishments;
(f) any right of appeal and appropriate appeals
processes and powers.

15. Prisons and Corrections Officers Associations-(1)
This section is made in the interests of national security and
public safety, and for the purpose of imposing a reasonable
restriction on members.


20 Prisons and Corrections 2013, No. 11

(2) No sworn member may be or become a member of a
trade union or an industrial association, or any other
association having an object of controlling or influencing the
pay or employment conditions of the Service.
(3) Regulations may make provision for the
establishment, membership, administration and functions of
one (1) or more associations for sworn members.

PART III
ESTABLISHMENT AND
ADMINISTRATION OF PRISONS

16. Establishment of prisons, temporary prisons and
corrections facilities-(1) The Minister may, by Order
published in the Savali, declare:
(a) any place, building or part of a building to be a
prison; and
(b) any place, building or part of a building to be a
corrections facility (by whatever title the
Minister determines) for the purpose of
rehabilitating prisoners and preparing them
for reintegration into the community when
released from prison; and
(c) any prison or corrections facility to cease to be a
prison or corrections facility.
(2) Any land, building and other facility which, at the
commencement of this Act, are in use as prisons are deemed
to be declared under subsection (1) as prisons or corrections
facilities for the purposes of this Act.
(3) For each prison declared under this section, the
Minister may determine, by Order published in the Savali,
the maximum number of persons which may be detained in
the prisons, or any part of it.
(4) The Commissioner may make arrangements for
keeping prisoners in a location designated by the
Commissioner as a temporary prison for any of the
following purposes of keeping of prisoners at a location
other than a declared prison:
(a) for the effective management of prisoners;
(b) for giving effect to any provision of this Act;
(c) for any other reason based on the security or
well-being of members, prisoners or the
general community.


2013, No. 11 Prisons and Corrections 21

(5) Without limiting subsection (4), the Commissioner
must, after consulting the Minister, make arrangements for
keeping prisoners in a location designated as a temporary
prison if:
(a) the number of prisoners in any prison is greater
than the maximum number determined for
that prison under subsection (3); or
(b) there is an outbreak of any disease at any prison
which constitutes a health risk to the
members and prisoners at that prison; or
(c) there is any lawful order made under any law
which requires that a prison, or part of a
prison, be closed or declares it to be unfit for
human habitation.
(6) This section does not prevent the use of police
stations, and holding cells at the courts and other appropriate
locations, for the purposes of keeping prisoners in custody,
and Commissioner’s Orders may make provision for the
temporary transfer of prisoners into custody at such
locations to be held under the control of the Police.

17. Appointment of officers-in-charge and senior
officers-(1) The Commissioner may appoint a sworn
member:
(a) to be the officer-in-charge of each prison and
corrections facility (or in charge of any
section of prison where more than one (1)
category of prisoner is kept in custody); and
(b) to carry out the duties and powers of the officer-
in-charge as prescribed by this Act, the
Regulations and Commissioner’s Orders.
(2) The Commissioner may appoint senior officers of the
Service for a prison, under such designations and with such
duties, powers and responsibilities as the Commissioner
determines, or as are prescribed by Regulations or
Commissioner’s Orders.
(3) All current officers-in-charge of a prison who were
appointed before the commencement of this Act are deemed,
at the commencement of this Act, to have been appointed
under this section, unless the Commissioner makes a
decision to the contrary.


22 Prisons and Corrections 2013, No. 11

(4) A sworn member who holds office as Assistant
Commissioner - Custody (or any equivalent title approved
by the Commissioner) may exercise the powers of an
officer-in-charge under this Act, the Regulations and the
Commissioner’s Orders.

18. Authorisation of members to act in other
positions within prisons-(1) Members may be appointed to
carry out the duties and powers of other designated positions
within the prisons in accordance with the Regulations and
Commissioner’s Orders, but no non-sworn member may be
appointed to a position required to be held by a sworn
member.
(2) In the absence of any specific power to give
authorisations under this section, any necessary
authorisation may be given by the Assistant Commissioner,
a senior officer or an officer-in-charge, if the authorisation:
(a) is necessary for the proper management of a
particular prison; and
(b) relates to the prison for which the officer-in-
charge is responsible; and
(c) is referred to the Commissioner for confirmation
as soon as possible after it is made.

19. Appointment of Visiting Medical Officers-(1) The
Chief Executive Officer for the Ministry responsible for
Health:
(a) may appoint medical officers as Visiting Medical
Officers to discharge the duties prescribed by
the Regulations and Commissioner’s Orders
at each prison; and
(b) in making the appointments, must take into
account -
(i) the need for those appointed to
have knowledge of psychiatry; and
(ii) the particular needs of female
prisoners held at any prison, and making
medical services available to them and
whenever possible appoint female
medical officers for such purpose.


2013, No. 11 Prisons and Corrections 23

(2) Despite subsection (1), the Commissioner may
approve the appointment of registered medical practitioners
to carry out the duties and powers of Visiting Medical
Officers, if:
(a) an officer-in-charge reports to the Commissioner
that a Visiting Medical Officer has not visited
a prison as required by this Act; or
(b) there exists at any prison circumstances which
require health inspection or the provision of
medical services beyond the capacity of the
Visiting Medical Officer to provide; or
(c) there are any other reasons related to the health
and well-being of the members or prisoners
which require the provision of additional
medical services at any prison.

PART IV
PRISON INSPECTIONS
AND OFFICIAL VISITS

20. Prisons inspections-(1) The Commissioner must
inspect or direct the inspection of each prison at least once a
year and in such a manner so as to ensure that the provisions
and objectives of this Act are given full effect.
(2) For the purposes of subsection (1), the Commissioner
may designate senior officers to be prisons inspectors, and
such officers are responsible for:
(a) undertaking inspections required by this Act, or
directed by the Commissioner; and
(b) preparing and submitting to the Commissioner
reports, that meet the requirements stipulated
by the Regulations and Commissioner’s
Orders; and
(c) making any appropriate recommendations to the
Commissioner in relation to any aspect of the
administration of prisons and the welfare of
prisoners and members.
(3) Copies of any report prepared by a prisons inspector,
and of any recommendations made by an inspector to the
Commissioner, must be given to the Minister at the same
time as they are provided to the Commissioner.


24 Prisons and Corrections 2013, No. 11

(4) Commissioner’s Orders must make provision for
regular prison visits and inspections by officers-in-charge,
a prison inspector or members, and for reporting
requirements.
(5) In addition to subsections (1) and (2) there shall be
an independent prison inspector to be appointed under the
Regulations to carry out regular inspection of prisons and
reports directly to the Minister.
(6) The independent prison inspector shall carry out the
functions, duties and powers as are prescribed by
Regulations or Commissioner’s Orders.

21. Visits by Visiting Medical Officers-(1) In addition
to any other visits which may be required by the Regulations
or Commissioner’s Orders, a Visiting Medical Officer must
visit each prison at least once every three (3) months.
(2) In addition to any other duties or responsibilities
prescribed by Regulations or Commissioner’s Orders, all
Visiting Medical Officers, when visiting prisons pursuant to
this Act, must inspect and advise on:
(a) the quantity, quality, preparation and service of
food within the prison; and
(b) the hygiene and cleanliness of the prison and its
prisoners; and
(c) the availability of adequate clean water for the
needs of each prisoner; and
(d) the sanitation, lighting and ventilation of the
prison; and
(e) the suitability and cleanliness of the prisoners’
clothing and bedding.

22. Visiting Justices-(1) A judge may act as a Visiting
Justice for any prison.
(2) A Visiting Justice may conduct an inspection of each
prison at any time determined by the Commissioner or the
judge.
(3) When visiting prisons, Visiting Justices may:
(a) confirm that each prisoner held in custody at the
prison is duly held on the proper authority of
a lawful order for detention; and
(b) interview each prisoner under punishment or held
in solitary confinement to ensure that due
process has been observed; and


2013, No. 11 Prisons and Corrections 25

(c) review any decision made which affects the rights
of a prisoner to remission of sentence under
this Act, or which imposes any other
punishment on a prisoner for a prisons
offence or arising from the alleged bad
behaviour of a prisoner; and
(d) perform such functions and make such reports as
are determined by the Visiting Justice,
prescribed by Regulations or requested by the
Commissioner.
(4) When exercising any power under this section, a
Visiting Justice has all the privileges and immunities that
apply to the office of a judge, and may not be summoned to
give evidence in any proceedings relating to any matter
about which the Visiting Justice inquired or exercised a
power.

23. Other arrangements for official visits-(1) The
Minister may appoint for each prison, a visiting committee
comprising the following:
(a) a judge or Faamasino Fesoasoani;
(b) the CEO of the Ministry of Health or a delegated
senior health officer to inspect the health
conditions of the prison and prisoners;
(c) the Commissioner or a prisons inspector;
(d) a respected member of the community;
(e) a representative of the National Council of
Churches;
(f) a Member of Parliament.
(2) The roles, functions and powers of the Visiting
Committee may be prescribed by Regulations or
Commissioner’s Orders and do not affect the rights of other
persons and agencies entitled to undertake visits to or to
inspect prisons under this Act.

24. Investigation by Ombudsman and other
agencies-(1) The Ombudsman or any duly appointed officer
of the Office of the Ombudsman, has the right to visit
prisons and prisoners in the lawful discharge of the
Ombudsman’s responsibilities, and the right to be given
access to prisoners and facilities to properly investigate
complaints or grievances.


26 Prisons and Corrections 2013, No. 11

(2) Officers of any agency having lawful duties in
relation to the enforcement of human rights have the right to
visit prisons and prisoners for the purpose of undertaking
any investigation or inquiry in accordance with law.

25. Role of Chaplain, church ministers and
community leaders-(1) The Commissioner may appoint:
(a) a pastor or church minister to hold the office of
Prisons Chaplain for the Service; and
(b) other persons who are representative of the
religions and denominations of the prisoners
at each prison to support the work of the
Chaplain and to be religious representatives
for each prison.
(2) Appointments made under subsection (1) must take
into account the spiritual needs of prisoners and any
nomination made by a religious group having an affiliation
with a prison.
(3) On the recommendation of an officer-in-charge, the
Commissioner may approve the appointment of community
leaders and other respected persons to be official visitors to
any designated prison.
(4) Facilities approved by the officer-in-charge are to be
made available to the Chaplain, religious representatives,
community leaders and other respected persons appointed
under this section:
(a) to meet with individual prisoners or groups of
prisoners; and
(b) to provide religious books and texts to prisoners;
and
(c) to conduct religious ceremonies and observances;
and
(d) to provide appropriate support and advice to
prisoners.

26. Power to order prison inquiries-(1) The Minister
may appoint a committee of at least two (2) suitably
qualified persons, of whom at least one (1) must be a public
officer, to enquire into and report upon any aspect of:
(a) an incident arising in any prison which has
affected the security or good governance of
the prison; or


2013, No. 11 Prisons and Corrections 27

(b) the conduct, management or administration of the
Service; or
(c) the operation and effectiveness of this Act, or any
aspect of it.
(2) In relation to an inquiry under subsection (1), the
following sections of the Commissions of Inquiry Act 1964
apply:
(a) the protections in accordance with sections 5
and 9;
(b) the powers as provided by section 6;
(c) a power to hear persons having an interest in a
matter which is the subject of an inquiry as
provided by section 7;
(d) the service of summons under section 8 and the
offences under section 12;
(e) the secrecy obligations of committee members
under section 15.
(3) The Attorney General:
(a) is to be given prior notification in relation to the
establishment of any inquiry under this
section; and
(b) may provide a counsel assisting the inquiry, or
approve the appointment of counsel for this
purpose.

PART V
ADMISSION AND CONFINEMENT
OF PRISONERS

27. Admission of prisoners-(1) Prisoners are to be first
admitted to a prison:
(a) only on the authority of a signed warrant or other
lawful order for detention; and
(b) only at the times prescribed by Regulations or
provided for by Commissioner’s Orders, as
being the hours during which prisoners may
be processed for admission.
(2) When a person is presented to a prison to be held in
custody, the officer-in-charge of the prison must be
satisfied:
(a) that the person is the person identified in the
warrant or order; and
(b) of the age of the person; and


28 Prisons and Corrections 2013, No. 11

(c) that the warrant or order is signed, dated and
made under a law.
(3) The refusal by a person to confirm the person’s
identity, or an apparent technical error in a warrant or order
issued on a person, is not a ground for refusing admission of
the person.
(4) If there is doubt under subsection (3) about the
identity of a person or the validity of the warrant or order,
the officer-in-charge of the prison is entitled:
(a) to refuse the admission of the person; and
(b) to require that the person be taken back to the
court or person who has signed the warrant or
order, for matters of identity or process to be
confirmed and rectified.
(5) Upon admission under this section, a prisoner:
(a) is regarded to be in lawful custody; and
(b) is to be subject to prison regulations, orders and
discipline for the entire period of the term of
imprisonment, even when the prisoner is not
within the confines of a prison.
(6) If it appears that the person to whom the warrant or
order relates is or may be a young prisoner, the officer-in-
charge must:
(a) ensure that the prisoner is treated as a young
prisoner under this Act, Regulations and the
Commissioner’s Orders, and is housed
separately from adult prisoners; and
(b) ensure that the young prisoner is treated in
accordance with the requirements of the
CRC; and
(c) if doubts exist as to the actual age of the prisoner,
take appropriate action to bring the person
before a court for confirmation of the legality
of the confinement of the person in the
prison.
(7) If a prisoner requests that arrangements be made so
that the prisoner is kept in protective custody, the officer-in-
charge must:
(a) consider the grounds upon which the prisoner has
made the request; and
(b) determine whether the prisoner is, or may be, at
any particular risk from any other prisoner;
and


2013, No. 11 Prisons and Corrections 29

(c) ensure that appropriate arrangements are made
for the safety of the prisoner if a risk is
identified provided that the prisoner is not to
be kept in solitary confinement without
consent.

28. Arrangements for certain prisoners upon
admission-(1) From the time of admission, arrangements
must be made for the following prisoners to be kept separate
from the adult male prisoners being held in custody:
(a) female prisoners, who are to be supervised by
female officers, and managed in accordance
with Commissioner’s Orders; and
(b) young prisoners; and
(c) adult male prisoners considered by the officer-in-
charge to be at some particular risk; and
(d) unconvicted prisoners and civil prisoners who
are to be held in accordance with
Commissioner’s Orders.
(2) There shall be no separation of other prisoners except
where it is necessary for:
(a) the personal safety of any other person; or
(b) the security or good order and discipline within a
prison; or
(c) containment of any infectious disease, as ordered
by a Visiting Medical Officer or a registered
medical practitioner appointed under section
19(2).

29. Information to be provided on admission - As
soon as practicable after admission, the prisoner must be
given appropriate information about:
(a) any right of appeal, which information shall be
given within 24 hours of admission; and
(b) the rights of prisoners whilst in custody under
this Act, or as prescribed by Regulations or
Commissioner’s Orders; and
(c) the prisoner’s duties, responsibilities and
obligations whilst in custody; and
(d) the consequences of bad behaviour in relation
to the time that the prisoner will serve, and


30 Prisons and Corrections 2013, No. 11

the procedures to earn low security
classifications and entitlement to privileges
and early release; and
(e) the risks involved in sharing toothbrushes and
razors, engaging in unsafe sexual practices,
tattooing or other similar activity.

30. Medical examination-(1) A prisoner must be
examined by a Visiting Medical Officer or a registered
medical practitioner within 24 hours after admission unless
the attendance of a Visiting Medical Officer or registered
medical practitioner cannot be obtained after all reasonable
steps have been taken to secure the attendance of the
Visiting Medical Officer or practitioner.
(2) If no medical examination has been undertaken in
relation to a prisoner within seven (7) days of admission, the
prisoner may be classified under this Act, and arrangements
are to be made for the examination as soon as is practicable.
(3) A prisoner must be advised of the risks associated
with transmissible diseases in the prison environment and be
encouraged to undertake voluntary counselling and testing
in accordance with any programme offered by the Ministry
of Health or any other authorised agency.

31. Initial classification-(1) All convicted prisoners
shall be classified in accordance with the procedures
prescribed in Commissioner’s Orders.
(2) For the purposes of the initial classification, a date of
release for each prisoner is to be determined and recorded in
the prisoner’s records.
(3) Regulations may prescribe a period of remission to
be applied to prisoners upon their admission, and for any
matter relevant to the remission of sentences as a means of
enforcing good behaviour.

32. Remission of sentence-(1) If Regulations are made
under section 31(3), the remission of sentence that is applied
at the initial classification:
(a) is conditional upon the good behaviour of the
prisoner; and
(b) may be forfeited and then restored by the
Commissioner or in accordance with
Regulations or Commissioner’s Orders.


2013, No. 11 Prisons and Corrections 31

(2) A Visiting Justice may review any decision to forfeit
the right of remission under subsection (1).
(3) The Minister may grant further remission upon the
recommendation of the Commissioner given in accordance
with any criteria prescribed by Regulations or the
Commissioner’s Orders.
(4) Procedures to request a review of a decision to forfeit
any entitlement to remission, or to appeal the decision are to
be prescribed by Regulations or Commissioner’s Orders.
(5) Any entitlement on remission for sentence of life
imprisonment is only to be granted in accordance with the
Prisons Parole Board Act 1977.

33. Diet and food rations-(1) All prisoners are to be
provided with basic food rations in accordance with
Regulations or Commissioner’s Orders, and no withholding
or reduction of any basic food rations may be used as a
punishment.
(2) Nothing prevents additional rations being provided:
(a) with the approval of the Commissioner if the
additional rations constitute an increase in
prisoners food rations; or
(b) with the approval of the officer-in-charge, if the
additions are basic food items and additives
aimed at enhancing the nutrition or flavour of
the food provided.
(3) The rations provided must reflect the religious
observances and dietary habits of certain prisoners, but in
applying such distinctions there is to be no undue preference
or favoured treatment given to the prisoners from any racial,
ethnic or religious group.
(4) Food may be brought into a prison and provided to
prisoners during times of prison visits:
(a) only in accordance with Commissioner’s Orders;
and
(b) if the food is of an appropriate type and poses no
security risk.

34. Transfers from prison-(1) Transfers of prisoners
are to be undertaken in accordance with the Regulations and
Commissioner’s Orders, and the use of instruments of
restraint during transfers must be in compliance with section
46.


32 Prisons and Corrections 2013, No. 11

(2) Police officers and any person authorised by a Judge
or registrar of a court may convey a prisoner to or from any
prison at which the prisoner may be lawfully detained, and
Commissioner’s Orders are to make any necessary provision
in relation to the handing over of prisoners.
(3) Prisoners may be removed from a prison:
(a) to a court, upon the order of a Judge, or when the
attendance of the prisoner at court is
otherwise required, which shall be
determined by the officer-in-charge; or
(b) to a hospital or facility providing medical
services, at the order of a Visiting Medical
Officer or registered medical practitioner
appointed under section 19(2); or
(c) to a psychiatric hospital or institution, in
accordance with the procedures prescribed in
any law relating to mental health; or
(d) to any other prison, on the order of the
Commissioner; or
(e) to any other safe place determined by the
Commissioner (which is to be treated as a
prison for the purposes of this Act) if there is
a risk of contagious or infectious disease
within a prison, on the order of the
Commissioner, or if in an emergency on the
order of an officer-in-charge; or
(f) to any other place in accordance with
Commissioner’s Orders.
(4) The period of any removal made under subsection (3)
are to be determined by the person having authority in
relation to the removal under that subsection, and at the end
of that period the prisoner must be returned to prison unless
the prisoner’s sentence has expired.

PART VI
MEDICAL TREATMENT,
INFECTIOUS DISEASES ETC.

35. Provision of medical treatment-(1) Visiting
Medical Officers are responsible for the general care of the
health of prisoners, but the Commissioner, a senior officer
or an office-in-charge may arrange other medical services to
be provided by a registered medical practitioner.


2013, No. 11 Prisons and Corrections 33

(2) Officers-in-charge may order that a prisoner be
medically examined, and the Visiting Medical Officer or a
registered medical practitioner must examine and treat any
prisoner who makes a request to be examined.
(3) Where a Visiting Medical Officer is of the opinion
that a prisoner is in need of specialist treatment (including
psychiatric care), the Visiting Medical Officer must:
(a) make a report to the officer-in-charge; and
(b) make arrangements for the prisoner to be referred
to an appropriate registered medical
practitioner, and if necessary, to be
transferred under section 34(3).
(4) A prisoner who is suffering from any disease or
illness must only be held separately from other prisoners
upon the order of a Visiting Medical Officer, unless the
officer-in-charge believes that a risk of infection or spread
of the disease endangers the health or welfare of prisoners or
members.
(5) If an officer-in-charge makes an order for the
separation of a prisoner under subsection (4), arrangements
are to be made for a Visiting Medical Officer to visit and
confirm the need for separation as soon as is practicable.
(6) This section does not prevent the Service from using
the services of any registered medical practitioner to provide
necessary medical services within prisons.

36. Access to other medical and related services - The
Commissioner must arrange for the provision of other
medical and related services, and the implementation of any
relevant policy or programme of the Ministry of Health,
including:
(a) appropriate dental treatment, which is not be
confined to dental extractions; and
(b) public awareness and education programmes;
(c) vaccination programmes or programmes of
specific treatment for certain diseases; and
(d) support services for infants and mothers, if
infants are permitted to remain in the
confines of a prison.

37. Keeping of medical records-(1) Arrangements are
to be made for keeping the medical records of prisoners
confidential but prisoners must be notified of the results of


34 Prisons and Corrections 2013, No. 11

any test or treatment, and provided with any necessary
support where the circumstances require.
(2) Upon discharge, a prisoner who has an on-going
medical condition that has been treated when in prison must
be given a discharge note confirming the nature of the
illness and details of the treatment provided.
(3) Information about the medical condition of a prisoner
are to be notified as soon as possible to an officer-in-charge
if action is or may be required to ensure the safety and well-
being of members and prisoners.

38. Dealing with infectious diseases-(1) The Service is
responsible for ensuring that conditions within prisons and
prison cells are not conducive to the spread of disease, and
must implement any recommendations made by Visiting
Medical Officers or the Ministry of Health aimed at
reducing the risk of the outbreak of disease.
(2) The Commissioner may implement any
recommendation made under subsection (1) and to do
anything that is necessary or incidental to the
implementation of any such recommendation.
(3) Commissioner’s Orders may make provision for
matters that can minimise the risk of spreading diseases,
including:
(a) the provision of training to members in relation to
the application of the universal precautions to
protect themselves from the possible
transmission of infectious diseases; and
(b) requirements that members observe the universal
precautions when carrying out their duties.

PART VII
CLASSIFICATION OF PRISONERS
39. Objectives in classifying prisoners-(1) The
following objectives apply to the classification of a prisoner:
(a) a principal objective in applying classification
criteria to all prisoners is to achieve effective
rehabilitation of the prisoner;
(b) classification procedures are to be applied so as
to ensure that appropriate arrangements are
made for the separate accommodation and


2013, No. 11 Prisons and Corrections 35

other appropriate separation within prisons of
the following -
(i) female prisoners;
(ii) young prisoners;
(iii) prisoners considered to be at risk
within the prison environment;
(iv) unconvicted prisoners;
(v) civil prisoners;
(c) prisoners undergoing initial classification are to
be provided with information about all
aspects of their incarceration;
(d) during classification, consideration are to be
given to each prisoner’s history, age, level of
education, character and background, and
appropriate report prepared;
(e) appropriate training and employment
opportunities for each prisoner are to be
identified;
(f) the classes to be applied are to avoid complexity;
(g) prisoners who have been determined to require
protective custody are to be classified in such
a manner as to ensure their safety whilst in
custody.
(2) Procedures for determining and applying security
classifications, and the implications of such classification,
are to be prescribed by Regulations or Commissioner’s
Orders.

40. Prisoner classification procedures - Procedures for
classifying prisoners are to be prescribed by Regulations or
in Commissioner’s Orders, and are to be consistent with the
objectives stated in section 39.

PART VIII
DISCIPLINING PRISONERS

41. Prison offences-(1) Prison offences are to be:
(a) prescribed by Regulations and in Commissioner’s
Orders; and
(b) prominently displayed at all prisons at a place or
places where prisoners have access; and
(c) in the Samoan and English languages.


36 Prisons and Corrections 2013, No. 11

(2) If a prisoner is charged with and punished for a
prison offence, the charge or punishment does not prevent
criminal proceedings being taken against the prisoner arising
from the same circumstances, but a court must take into
account any penalty imposed for the prison offence, when
sentencing a prisoner for the criminal offence.

42. Impermissible penalties-(1) No prisoner is to be
subjected, by way of punishment, to the following:
(a) corporal punishment in any form;
(b) the use of instruments of restraint;
(c) withdrawal of basic food rations;
(d) denial of sleeping mats and standard bedding
which are ordinarily supplied to prisoners;
(e) a total denial of visitation rights or the right to
communicate with a friend, family, Visiting
Justice, Visiting Medical Officer, registered
medical practitioner, prisons Chaplain,
religious representative or community
representative.
(2) Subsection (1)(e) does not prevent the withdrawal of
visitation rights or the right to communicate with a friend or
family for a period consistent with Regulations or
Commissioner’s Orders.
(3) The officer-in-charge must ensure that a prisoner
who is kept separately as a punishment is visited at least
twice a day.

43. Proceedings for prison offences-(1) Powers to hear
and determine proceedings against prisoners in relation to
prison offences are under the general authority of the
Commissioner and a Visiting Justice, and additional powers
may be vested by Regulations in the following:
(a) senior officers or officers-in-charge;
(b) a tribunal established and empowered by
Regulations.
(2) The punishments which may be imposed for
breaches of prison offences are to be prescribed by
Regulations, and if there are no Regulations the following
punishments may be imposed by a visiting justice, the
Commissioner, the Assistant Commissioner or a senior
officer:


2013, No. 11 Prisons and Corrections 37

(a) forfeiture of remission of sentence for a period
not exceeding 90 days;
(b) deprivation of earnings, or part of it, for a period
not exceeding 60 days;
(c) forfeiture of privileges under this Act for a period
not exceeding 60 days.
(3) The principles of natural justice apply to any
proceedings against prisoners under this section, as far as is
practicable.
(4) If a proceeding is heard and punishment is
imposed by a senior officer or an officer-in-charge, the
Commissioner may review the matter and overturn the
decision or impose an alternative punishment in accordance
with subsection (2).
(5) No procedure is to permit or require a prisoner to
impose punishment on any other prisoner except any
procedure for any appropriate arrangement for prisoners to
be designated to play leadership or mentoring roles in
relation to other prisoners.

PART IX
USE OF FORCE, RESTRAINTS
AND FIREARMS

44. Use of force-(1) Members are not to use force
against any prisoner, except the use of force under the
following:
(a) for self-defence or the defence of any person;
(b) if there is an escape, or attempted escape;
(c) when a prisoner uses actual or passive resistance
to a member when carrying any duty or
power.
(2) A member is not to use force permitted under
subsection (1) more than is necessary in the circumstances,
and must immediately make a report on the permitted use of
force and all relevant matters to the officer-in-charge who
must:
(a) enter a record of the report in the prison log; and
(b) ensure that the prisoner is given any appropriate
medical treatment for any injury received.
(3) A sworn member shall be trained in relation to the
following:


38 Prisons and Corrections 2013, No. 11

(a) the use of riot gear and other means of asserting
control over riots and disturbances within
prisons;
(b) the use of force for the purpose of restraining
aggressive prisoners;
(c) dealing with prisoners practising passive
resistance.
(4) The training under subsection (3) is to be part of the
basic training of members and part of the on-going training
and instruction within the Service.

45. Firearms not to be kept or used by the Service-(1)
Firearms are not be kept by the Service, or be used by
members when carrying out their duties and powers under
this Act.
(2) If there is any incident in a prison or incident
involving a prisoner in custody, which requires an
armed intervention, the Commissioner, the Assistant
Commissioner, a senior officer or an officer-in-charge must
request assistance from the Police Service for its members to
intervene in the incident in an appropriate manner under Part
3 of the Police Powers Act 2007.

46. Use of instruments of restraint-(1) The Service is
not to use any instrument of restraint that contravenes The
Standard Minimum Rules for the Treatment of Prisoners
adopted at Geneva in 1955.
(2) No instrument of restraint may be used as a
punishment.
(3) Handcuffs may only be used as a precaution against
escape during the transfer of a prisoner, or on the order of
the officer-in-charge if other means of controlling a prisoner
have failed.
(4) A strait jacket is only to be used on medical grounds
with the prior approval of a Visiting Medical Officer or with
approval obtained as soon as is practicable after the strait
jacket has been applied.
(5) The use of any other instrument of restraint is not
permitted unless authorised by Regulations or
Commissioner’s Orders (which must be consistent with
Regulations).
(6) If instruments of restraint are used under the
authority of this Act, the following requirements apply:


2013, No. 11 Prisons and Corrections 39

(a) the instruments are not to be applied in such a
way as to cause unnecessary pain to the
prisoner;
(b) the instruments are to be applied in a manner
which preserves the dignity of the prisoner as
far as is practicable;
(c) the instruments are not to be applied for any
longer than is necessary, and not for a period
that exceeds 24 hours unless with the prior
approval of a Visiting Medical Officer.

PART X
PRISON LABOUR, PROGRAMMES
AND ENTERPRISES

47. Approved prison labour-(1) A convicted prisoner
may be required to undertake labour, within or outside a
prison, and to perform any labour prescribed by Regulations
or in Commissioner’s Orders, which is:
(a) to have due regard to the need to provide
meaningful rehabilitation of prisoners, with
an emphasis on vocational training being
provided; and
(b) for female prisoners, to be of a type that is
appropriate for women to undertake; and
(c) for young prisoners, to be of a type that is
appropriate for a person of the age of the
prisoner; and
(d) to be aimed at providing relevant skills to
prisoners so as to enhance their opportunities
after discharge; and
(e) to take account of the prevailing employment
opportunities and lifestyles in the areas where
the prisoners are likely to be released to; and
(f) to respect the human dignity of all prisoners and
take account of their religious observances
and practices; and
(g) not to require a prisoner to work for more than
eight (8) hours each day, with at least one (1)
day each week set aside for rest or recreation,
and due regard given to the observance of
public holidays; and


40 Prisons and Corrections 2013, No. 11

(h) to provide for exemption from labour on medical
grounds.
(2) Prisoners must keep their cells and rooms, common
areas, kitchens, toilet and bathing facilities, furniture,
clothing and utensils clean and in good repair.
(3) Entitlements to remuneration for labour are to be as
prescribed by Regulations providing the following:
(a) exemption of certain categories of work from
payment;
(b) provision for fair wages, taking account of the
commercial return arising from the work
undertaken;
(c) arrangements for dealing with prisoners
entitlements so that some monies are
available for the purchase of personal
requirements and other arrangements for
retaining monies when the prisoner is
released.
(4) Regulations prescribing remuneration for labour are
to be reviewed at periods of not less than five (5) years after
commencement and after each succeeding review, to take
account of increases in the cost of living and the
development of prison enterprises under section 49.

48. Work for unconvicted prisoners - Unconvicted
prisoners may decline to work, but if they elect to participate
in prison labour section 47(1) apply.

49. Prison enterprises - Provisions are to be made by
Regulations, and supported by Commissioner’s Orders,
encouraging the establishment and development of prison
enterprises, and the appropriate involvement of prisoners so
as to enhance their rehabilitation and opportunities, and the
provisions are to include the following:
(a) the setting of prices and charges on a commercial
basis;
(b) the imposition of the “user pays” principle;
(c) the establishment and proper operation and
accounting of special funds established in
accordance with law to facilitate commercial
enterprises;


2013, No. 11 Prisons and Corrections 41

(d) any other matter that fosters prison enterprises
and the meaningful participation of
appropriate prisoners in the enterprises.

PART XI
SCHEMES FOR EARLY RELEASE

50. Early release and pre-release programmes-(1) The
aims of early release or pre-release programme are:
(a) to assist in the rehabilitation of prisoners; and
(b) to provide opportunities for prisoners to re-enter
society by the performance of community
work or paid employment, or enrolment in a
course of education or instruction.
(2) The Commissioner or a body or committee
established for this purpose must by Regulations administer
the early release and pre-release programmes.
(3) In addition to any other requirements or pre-
conditions imposed by Regulations made under subsection
(4), prisoners must meet the following minimum
requirements to be eligible for early release under any of the
following programmes:
(a) in relation to release under programs involving
the performance of community work or paid
employment, the prisoner -
(i) has a low security classification;
and
(ii) has 12 months or less of effective
sentence to serve; and
(b) in relation to undertaking a course of education or
instruction, the prisoner -
(i) has a low security classification;
and
(ii) has 12 months or less effective
sentence to serve; and
(iii) has been accepted to undertake an
appropriate course of education or
instruction.
(4) Schemes for pre-release programmes and for the
early release of prisoners are to be prescribed by
Regulations providing for the following:
(a) any other entitlements and pre-conditions for
prisoners who have achieved a low security


42 Prisons and Corrections 2013, No. 11

rating to be eligible to serve part of their
sentences on the programmes;
(b) the identification and approval of government,
private, church, non-government agencies,
companies, organisations or other bodies to
participate in the programmes;
(c) any reporting or other requirements applying to
an entity specified under paragraph (b)
participating in the programmes, and
requirements for effective supervision of the
schemes by the entity or members of the
Service;
(d) the conditions and requirements to be imposed
upon or observed by prisoners participating
in the programmes;
(e) the entitlements of prisoners participating in early
release or pre-release programmes, including
the right to receive payment for their work,
and the provision of rations or allowances
instead of rations;
(f) any other matter that may promote the
rehabilitation of prisoners and facilitate the
re-introduction of prisoners into society; and
(g) schemes of release for prisoners with terminal
illnesses, and release for female prisoners and
young prisoners are to comply with the
requirements under CEDAW and CRC;
(h) identifying classes of offenders, such as those
convicted of serious sexual offences, who are
not to be eligible for early release;
(i) the early release of prisoners on medical grounds.

51. Weekend and short term release-(1) Regulations
are to provide schemes of short term release, including the
following:
(a) weekend release;
(b) release from prison to attend a course of
instruction;
(c) release into the care and supervision of
community leaders for the purpose of
facilitating the re-entry of the prisoner into
his or her village or community;


2013, No. 11 Prisons and Corrections 43

(d) any other arrangement permitting short term
release to assist in the rehabilitation of a
prisoner or facilitate the prisoner’s return to
the family, village or community.
(2) Commissioner’s Orders may provide any other
scheme approved under subsection (1) that is not
inconsistent with the relevant Regulations.

PART XII
DISCHARGE OF PRISONERS

52. Discharge of prisoners-(1) An officer-in-charge
must ensure that a prisoner is discharged:
(a) at the end of the effective sentence; or
(b) under an order of any court; or
(c) into the custody of a person having lawful
authority over the prisoner under a law; or
(d) under the decision of the Parole Board, or the
decision of any other body authorised under
an Act to release a prisoner on parole or
licence.
(2) If there is any doubt arising as to actual date upon
which discharge is due, or doubt about the lawful authority
of a person into whose custody a prisoner is to be released,
the officer-in-charge must refer it to the Commissioner for a
decision.
(3) If the Commissioner is unable to clarify a doubt
under subsection (3), the Commissioner may refer it to the
Attorney General for an opinion.

53. Parole of prisoners-(1) This Act does not affect the
Prisons Parole Board Act 1977, or any other Act dealing
with the parole of prisoners or providing for release or
management of prisoners under any legal process.
(2) The Commissioner must ensure that all necessary
action is taken to implement a decision of the Parole Board
or of any other body having lawful powers over the
management and rehabilitation of prisoners.
(3) Powers of the Parole Board in relation to the
remission and release of prisoners are in addition to, and not
in derogation of, the provisions of this Act.


44 Prisons and Corrections 2013, No. 11

54. Support for prisoners after release -
Commissioner’s Orders may provide for the Service to
undertake appropriate activities and support services in
relation to prisoners who have been discharged to facilitate
their reintegration into society.

PART XIII
OFFENCES

55. Offences by members-(1) A member who:
(a) begins, excites, causes or joins any mutiny or
sedition within the Service or in any prison;
or
(b) fails to use his or her utmost endeavours to
suppress a mutiny or sedition within the
Service or in a prison; or
(c) fails to report to a senior officer, the existence of
a mutiny or sedition within the Service or in a
prison, or an information that the member
has that indicates that mutiny or sedition may
arise; or
(d) deserts the assigned place of duty with the
intention of not returning to the Service; or
(e) participates in a strike or industrial action that
affects the proper management of a prison; or
(f) allows a prisoner who is committed to the
member’s charge, or whom it is the
member’s duty to keep or guard, to escape; or
(g) persuades, procures or assists a sworn member to
desert; or
(h) fails to give information to a senior officer about
the desertion or intended desertion of a sworn
member; or
(i) strikes or offers violence to a superior officer,
commits an offence and is liable on conviction to a fine not
exceeding 500 penalty units or to imprisonment for a term
not exceeding five (5) years or both.
(2) A member who, having ceased to be a member, fails
or refuses to deliver up to a senior officer, any equipment,
clothing and any other item supplied during his or her term
as a member, and which are the property of the Service or


2013, No. 11 Prisons and Corrections 45

the Government, commits an offence and is liable on
conviction to a fine not exceeding 50 penalty units or to
imprisonment for a period not exceeding six (6) months, or
both.
(3) Despite subsection (2), the Commissioner may allow
a member to make payment (an amount to be determined by
the Commissioner) for an item in subsection (2) except any
instrument of restraint.
(4) A person who:
(a) gains admission to or employment in the Service
by any false certificate or representation; or
(b) engages in a political activity, or does any other
thing which is contrary to any duty or
function under this Act,
commits an offence and is liable on conviction to a fine not
exceeding 10 penalty units.

56. Inciting and harbouring-(1) A person who by any
direct or indirect means:
(a) procures, persuades or attempts to persuade a
sworn member to desert; or
(b) knowingly harbours or assists a deserting sworn
member; or
(c) knowingly employs a deserting sworn member,
commits an offence and is liable on conviction to a fine not
exceeding 500 penalty units or to imprisonment for a term
not exceeding six (6) months, or both.
(2) A person who:
(a) directly or indirectly instigates, commands,
counsels or solicits a mutiny or sedition
amongst sworn members or prisoners; or
(b) directly or indirectly instigates, commands,
counsels or solicits a disobedience to a lawful
command; or
(c) wilfully attempts to induce a sworn member to
breach the oath of allegiance,
commits an offence and is liable on conviction to a fine not
exceeding 1,000 penalty units or to imprisonment for a term
not exceeding two (2) years, or both.
(3) A person who:
(a) counsels, incites, assists or arranges for a prisoner
to escape; or
(b) harbours a prisoner illegally at large; or


46 Prisons and Corrections 2013, No. 11

(c) knowingly employs a prisoner illegally at large;
or
(d) knowingly and without lawful excuse assists a
prisoner illegally at large,
commits an offence and is liable on conviction to a fine not
exceeding 1,000 penalty units or to imprisonment for a term
not exceeding two (2) years, or both.

57. General offences concerning prison
management-(1) A person who:
(a) hinders or obstructs a sworn member when
carrying out any duty or power under this
Act; or
(b) fails to comply with any direction or command
given by a sworn member within a prison, or
when transferring a prisoner under this Act;
or
(c) injures or kills a dog used by the Service under
this Act,
commits an offence and is liable on conviction to a fine not
exceeding 1,000 penalty units or to imprisonment for a term
not exceeding 12 months, or both.
(2) A person may only enter a prison with the authority
of the Commissioner or the relevant officer-in-charge.
(3) A person who breaches subsection (2) commits an
offence and is liable on conviction to a fine not exceeding
500 penalty units or to imprisonment for a term not
exceeding six (6) months, or both.
(4) A person, other than a sworn member, who:
(a) is found in possession of any uniform, equipment
or article which has been supplied to a
member for the purpose of the member’s
duty; or
(b) is found in possession of any other property of
the Service and cannot satisfactorily account
for how the person came to be in possession
of the property; or
(c) without lawful authority, purchases or receives a
property or item issued to a sworn member or
of the Service; or
(d) aids or abets a member in selling or disposing of
a property or item of the Service without
lawful authority,


2013, No. 11 Prisons and Corrections 47

commits an offence and is liable on conviction to a fine not
exceeding 1,000 penalty units or to imprisonment for a term
not exceeding 12 months, or both.
(5) A person who:
(a) brings, sells or attempts by any means whatsoever
to introduce into a prison, or to give to a
prisoner, a prohibited article; or
(b) communicates with a prisoner for the purpose of
breaching this section; or
(c) offers a bribe or inducement to a member in order
to avoid a provision of this Act, or to induce a
breach of this Act,
commits an offence and is liable to a fine not exceeding 500
penalty units or to imprisonment for a term not exceeding
six (6) months, or both.
(6) A person, other than a member, who by words,
conduct or demeanour:
(a) pretends to be a member; or
(b) wears a uniform, identity card or other thing as if
the person is a member,
commits an offence and is liable on conviction to a fine not
exceeding 500 penalty units or to imprisonment for a term
not exceeding six (6) months, or both.

PART XIV
MISCELLANEOUS

58. Transfer of assets, records, etc.-(1) The Minister
may approve the transfer to the Service of any asset or
property of the Police Service which has been used for or in
connection with a prison, or the management of prisoners,
prior to the commencement of this Act.
(2) Any legal process associated with the transfer of
asset or property under subsection (1) is effective upon the
date of approval of the Minister without the need for any
other legal formality, subject to any legal requirement of
recording the change of ownership pursuant to this section.
(3) The Service must receive and assume ownership of
documents, records and files held by the Police Service
relating to the management of prisons and prisoners prior to
the commencement of this Act.


48 Prisons and Corrections 2013, No. 11

59. Prisons and Corrections Service Fund-(1)
Arrangements are to be made in relation to the management
of the Police Service Fund established under section 76 of
the Police Service Act 2009 for fines and other monies
contributed to the Fund relating to members of the Prisons
and Corrections Service to be applied for their benefit in a
manner that is consistent with section 76 of that Act.
(2) Monies paid into the Fund on the order of a court
may be spent in support of any programme or enterprise
under this Act relating to the rehabilitation of prisoners.

60. Regulations, Commissioner’s Orders etc.-(1) The
Head of State, acting on the advice of Cabinet, may make
Regulations for the purpose of giving effect to the
provisions of this Act, including Regulations making
provision in relation to the following:
(a) the regulation and government of prisons, and the
maintenance of security and good governance
in prisons;
(b) the recognition and implementation of human
rights and applicable international standards;
(c) the appointment, discharge and duties of
members;
(d) offences of a disciplinary nature applying to
officers and prisoners, and procedures for
dealing with such offences, including
procedures for appealing against any
punishment;
(e) the establishment, empowerment, procedures,
privileges and protections of a Professional
Standards Unit to deal with complaints
concerning neglect of duty or alleged
misconduct by a sworn member, or any
allegation of corrupt or improper practice
within the Service;
(f) the rights of prisoners whilst in custody, including
matters related to the following -
(i) visits from friends, relatives and
other persons;
(ii) communications by post, or other
means;


2013, No. 11 Prisons and Corrections 49

(iii) procedures for complaint and
representation to prison authorities, the
Ombudsman or any other agency with
responsibilities for the investigation and
enforcement of human rights;
(iv) exercise and recreation;
(v) other rights applying to prisoners
awaiting trial;
(g) further duties and functions of Visiting Medical
Officers, Visiting Justices, committees, or
other persons authorised to undertake official
prison visits, including the payment of
allowances and the reimbursement of
expenses consistent with any relevant law;
(h) the admission and classification of prisoners,
including procedures applying to the
detention or transfer of persons in accordance
with Samoa’s obligations under international
conventions;
(i) interviews of prisoners by police officers in the
course of their investigations, which may
include arrangements for taking prisoners to
crime scenes and their participation in
identification processes, taking into account
the constitutional rights of the prisoners and
the role of their lawyers;
(j) the transfer of prisoners and the responsibilities of
members, police officers and other persons in
relation to the security of prisoners when
being transferred;
(k) separation of prisoners, and the review of
prisoners under separation;
(l) the use of dogs in maintaining good order and
security, and other arrangements for
responding to unrest and violence within
prisons;
(m) schemes for early release and pre-release, and
other appropriate arrangements for the
rehabilitation of prisoners;
(n) schemes providing support for prisoners after
their release, including cooperative
arrangements with relevant Ministries,


50 Prisons and Corrections 2013, No. 11

government agencies, religious bodies,
community based groups and other bodies;
(o) the provision of medical and related services
within prisons, and arrangements for dealing
with infectious diseases;
(p) arrangements for female prisoners and their
children consistent with the rights and
obligations of CEDAW and CRC, and in
particular the rights of mothers to feed and
care for their infant children whilst in prison;
(q) the establishment and administration of prison
enterprises and training and educational
programmes;
(r) arrangements for unconvicted and civil prisoners,
including procedures applying to the periodic
review of orders for the detention of any
unconvicted person made under any law;
(s) reporting, investigating and otherwise dealing
with the death of prisoners in custody;
(t) procedures for prison visits, and matters relating
to the taking of items, articles and other
things into prisons during visits;
(u) offences for breach of any regulation, which may
provide for penalties of fines not exceeding
500 penalty units or imprisonment for a term
not exceeding six (6) months, or both;
(v) the amendment to the Schedule;
(w) to impose solitary confinement.
(2) Commissioner’s Orders made under this Act:
(a) come into effect upon being approved by the
Attorney General and signed by the
Commissioner; and
(b) may relate to any aspect of prisons administration
and management, including the matters listed
in subsection (1), and must be consistent with
the provisions of this Act and the
Regulations; and
(c) may be of general application to the Service and
to all prisons and prisoners, or may apply
local operating procedures to any prison; and
(d) are to be reviewed at times prescribed by
Regulations, or as determined by the
Commissioner; and


2013, No. 11 Prisons and Corrections 51

(e) must give full recognition and effect to accepted
standards and have regard to -
(i) the right of prisoners to adequate
facilities permitting the proper
preparation of defences and appeals,
including access to legal advisers by
prison visit or other communication (with
appropriate regard to the confidentiality
of the solicitor and client relationship)
and to legal resources; and
(ii) the rights and special needs of
persons with disabilities; and
(iii) the avoidance of discrimination
on any grounds; and
(iv) the right to practise a religion of
choice, including the observance of daily
or periodic rituals and practices; and
(v) the right to basic education, and in
particular the right of access to education
by young prisoners and by juveniles held
on remand; and
(vi) the right of prisoners to access the
officers and resources of any agency
which exercises powers to investigate
complaints in accordance with law; and
(f) may provide for the recognition of good service
by members, including for long service, good
conduct and bravery; and
(g) must be circulated to all senior officers and
officers-in-charge, and be brought to the
attention of all members; and
(h) may be amended or repealed by the
Commissioner; and
(i) may provide for the delegation of any power of
the Commissioner to any member.
(3) Copies of all Commissioner’s Orders must be
provided to the Attorney General for confirmation that they
are consistent with this Act, the Regulations and any other
legal requirement.
(4) After approval of Commissioner’s Orders has been
given by the Attorney General, a notice of their making shall
be published in the Savali.


52 Prisons and Corrections 2013, No. 11

61. Repeal-(1) The Prisons Act 1967 is repealed
(“repealed Act”).
(2) Section 26 of the Police Service Act 2009 is
repealed.

62. Transitional arrangements and savings-(1) The
Regulations, Orders and Instructions applying to the
management of the Police Service under Police Service Act
2009 have full effect in relation to the management of the
Service (with necessary modifications determined by the
Commissioner) until they are replaced or modified by
Regulations or Commissioner’s Orders made under this Act.
(2) After the commencement date:
(a) the terms and conditions of employment applying
to members under the repealed Act or the
Police Service Act 2009; and
(b) the duties assigned to any officer under the
repealed Act or the Police Service Act 2009;
and
(c) disciplinary proceedings taken against officers or
prisoners, and punishments imposed under
such proceedings, under the repealed Act or
the Police Service Act 2009; and
(d) any power exercised under the repealed Act; and
(e) the admission, classification, early release and
discharge of any prisoner under the repealed
Act; and
(f) the calculation and application of any remission
of sentence, and other entitlement of a
prisoner under the repealed Act; and
(g) the implementation of any scheme for
prison labour or rehabilitation and training
undertaken under the repealed Act; and
(h) the commencement of any criminal prosecution
for an offence against the repealed Act,
continue to be valid and have full force and application until
affected by the exercise of any authority under this Act, and
where appropriate are deemed to have been made or taken
under this Act.



2013, No. 11 Prisons and Corrections 53

63. Amendments to other laws-(1) Section 35(2) of the
Police Service Act 2009 is amended by deleting the words
“and under the relevant provisions of the Prisons Act 1967”.
(2) Any reference to the Prisons Service in any other law
is deemed to be a reference to the Samoa Prisons and
Corrections Service.
(3) A reference in any law or document to the
“Commissioner of Prisons” is deemed to be a reference to
the Commissioner under this Act.




54 Prisons and Corrections 2013, No. 11

Schedule

MEMBERS’ OATH

“I………do swear that I will well and truly serve the
Independent State of Samoa in the Samoa Prisons
and Corrections Service, without favour or affection,
malice or ill-will, until I am legally discharged; and
that I will exercise my duties and responsibilities to
promote the good order of the prisons of Samoa in
accordance with Samoan customs and traditions and
in compliance with the accepted and required
standards applying to the proper and humane
treatment of prisoners; and that while I continue to
hold office I will to the best of my skills and
knowledge discharge all my duties faithfully and in
accordance with law. So help me God.”.

__________
The Prisons and Corrections Act 2013 is administered
by the Ministry of Police and Prisons.