Prison Rules (The Bahamas)

Prison Rules

Published: 1963-11-30

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PRISONS [CH.208 – 13

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– [Original Service 2001] STATUTE LAW OF THE BAHAMAS

probation up to the maximum period of twelve months, and at the same time may, if necessary, cause the officer to be warned in the manner provided in the last foregoing paragraph.

PART III APPLICATION OF CODE

14. This Code shall apply to the established prison officers of the following classes, that is to say —

(a) male officers of and below the rank of chief officer;

(b) female officers of and below the rank of matron.

PRISON RULES

(SECTION 5) [Commencement 30th November, 1963]

1. These Rules may be cited as the Prison Rules. 2. In Rules, unless the context otherwise requires — “chaplain” means the minister of religion appointed

to be prison chaplain; “chief officer” means the prison officer who is the

senior subordinate officer; “committee” means the visiting committee of the

prisons in New Providence; “medical officer” means the medical practitioner or

his substitute duly appointed by the Chief Medical Officer of The Bahamas for duties in connection with the administration of the prisons, staff and prisoners;

“Minister” means the Minister responsible for Pris- ons;

“prisoner” means a person lawfully detained in a prison;

“subordinate officer” means any officer, male or female, as listed in the First Schedule to the Prisons Act;

Application of Code.

G.N. 273/1963 S.I. 57/1966 S.I. 46/1967 S.I. 2/1977 25 of 1995

Citation.

Interpretation.

CH.208 – 14] PRISONS

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“Superintendent” means the Superintendent of Her Majesty’s Prisons in The Bahamas.

PART I VISITORS

3. The Chief Justice, the Justices of the Supreme Court the Attorney-General, the Members of the Cabinet, the President and Members of the Senate, the Speaker of the House of Assembly, all justices of the peace and the ministers of the various congregations of The Bahamas shall be visitors of the several prisons of The Bahamas.

4. The Governor-General shall appoint for a term not exceeding three years a visiting committee of five persons resident in New Providence, any three of whom may exercise all the powers hereinafter vested in the committee. The Governor-General shall nominate one of the members of the committee to be its chairman and he in turn shall nominate one of the committee to be its deputy chairman. In the event of incapacity from illness or from any other temporary cause or of temporary absence from The Bahamas of any appointed member of the committee the Governor-General may appoint some other person to act as a temporary appointed member during the time such incapacity or absence continues.

5. The powers of the committee shall not be affected by vacancies, so long as the quorum for meetings is sufficient.

6. The appointment of such committee shall not derogate from the authority of the Superintendent with whom rests the control and management of the prisons of The Bahamas.

7. Subject and without prejudice to rule 6 above, the duties of the committee shall be to keep constantly under review and advise the Governor-General upon all aspects of the prison service and in particular the following —

(a) that the inmates of the prisons in New Provi- dence receive proper treatment and the food, clothing and accommodation prescribed by the Rules;

Visitors.

Visiting Committee. 25 of 1995, s. 2.

Vacancies in committee.

Superintendent to control prisons.

Duties of the committee.

S.I. 57/1966.

PRISONS [CH.208 – 15

(b) that the administration is efficient and economi- cal and that the staff is adequate and appro- priately remunerated;

tion of prisoners are modern in concept and competently applied;

(e) that all suitable prisoners are taught a trade in the workshops, that these are adequately staffed and equipped and that the sale of the products so made is efficiently handled;

(f) that the education and recreation of prisoners is conceived and administered in accordance with modern penal standards;

(g) that any necessary changes in administration or policy may be appropriately drawn to the attention of the Governor-General.

8. The committee shall co-operate with the Super- intendent in promoting the efficiency of the prisons of New Providence, and shall make inquiry into any matter specially referred to the committee by the Governor- General, and report thereon.

9. The committee shall bring all abuses in connection with the prisons of New Providence which come to its knowledge to the notice of the Minister immediately.

10. The committee shall attend to any report which they receive to the effect that the mind or body of a prisoner is likely to be injured by the conditions of his imprisonment, and shall communicate their opinion to the Minister.

11. The committee may inspect any of the books of the prisons and a note of any such inspection shall be made in the minutes.

12. The committee shall visit the prisons in New Providence at least once in each month, and oftener as occasion may require, when they may inspect the cells, yards, solitary or punishment cells and other departments or divisions of the prisons, and the committee shall notify the Governor-General of their recommendations as con- ditions may require.

Committee to co- operate with Superintendent.

Abuses.

Injured mind or body of prisoner.

Inspection of books.

Committee to visit prisons.

CH.208 – 16] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

13. The committee shall, upon such visits, investigate every complaint or application made by prisoners, and the prisoners shall be given the opportunity of laying their complaints or applications before them, and if they deem it desirable the committee may report the same in writing to the Minister, but in the event that any prisoner shall appear to the committee to be raising again a matter which the committee has recently investigated and decided upon, then the committee may cause such prisoner to be informed that the time for review has not yet arrived.

14. When the Superintendent reports to the commit- tee that any prisoner has been guilty of repeated offences against these Rules, or of any offence which the Super- intendent himself is not empowered to punish, the committee shall forthwith enquire into and determine the case and shall order the offender to be punished according to the scale of punishment in these Rules.

15. The committee shall at the end of every year report in writing to the Minister on the treatment and welfare of the prisoners, all defects in the construction, management or discipline of the said prisons, and all improvements which are in their opinion, requisite for maintaining and improving the administration and dis- cipline of the said prisons, for increasing the efficiency of the farms and workshops, and for promoting the reformation and rehabilitation of prisoners.

16. Two minute books shall be kept in the prisons, one to be called the “Committee Minute Book” and the other the “Visitors Minute Book”, in the first of which are to be entered all proceedings of the committee, and in the other all visits and observations made by other visitors.

PART II THE SUPERINTENDENT

17. The Superintendent shall be responsible for the general management and discipline of the prisons in The Bahamas. lie shall take care that the prisoners are humanely treated, that discipline and security are strictly enforced and that everything is done to encourage and promote the reformation, training and rehabilitation of the prisoners.

Committee’s visit.

Punishment by committee.

Committee report.

Minute books to be kept.

Duties and powers of Superintendent.

PRISONS [CH.208 – 17

18. The Superintendent shall strictly conform to the laws and rules relating to prisons and shall be responsible for the due observance of them and by all members of the staff.

19. The Superintendent shall observe the conduct of all officers and enforce on each of them the due execution of his duties.

20. The Superintendent shall carefully examine all requisitions for stores, materials and tools before approving orders therefor so as to ensure that rigid economy is practised.

21. The Superintendent shall interview, or cause to be interviewed, all prisoners on reception and prior to their discharge.

22. The Superintendent shall cause every prisoner to be searched on admission to a prison and at such times subsequently as may be deemed necessary and all prohibited articles found on a prisoner shall be taken from him. After the prisoner has been examined and passed by the medical officer, the Superintendent shall dispose of him according to the rules governing the separation and classification of prisoners.

23. The Superintendent shall as soon as possible after the admission of a prisoner cause to be entered in the prison register the prisoner’s name, age, height, features, etc. He shall also enter, or cause to be entered, in the Prisoner’s Property Book, an inventory of all money, clothes and other effects which the prisoner may have on his admission, or which from time to time may properly be sent to the prison for his use. The Superintendent shall take charge of such money, clothes and other effects for safe custody and for the purpose of being restored, deductions being first made for any wilful damage done by the prisoner to prison property, or to defray the cost of his maintenance before trial, if he maintains himself, or to defray the cost of the prisoner’s defence if required for this purpose by the prisoner.

24. The Superintendent, Deputy Superintendent, As- sistant Superintendent and chief officer shall inspect all the prisons and all prisoners as often as possible paying special attention to gangs working outside the prisons in order to

Conform to rules.

Conduct of officers.

Examination of stores requisitions.

Interviews of prisoners.

Prisoners to be searched.

Entry in prison register.

Inspection of prisons and prisoners.

CH.208 – 18] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

ensure that they are industrious and that all orders respecting their safe custody and the application of labour are duly enforced. They shall at intervals make unannounced visits to the prisons at night and record in a journal each visit and the result thereof.

25. The Superintendent shall ensure that the prisoners sentenced to hard labour are regularly employed and when any of them are excused by the medical officer from performing it, the Superintendent shall provide some other employment for them. He shall provide employment for other convicted prisoners, and for such prisoners before trial, as are willing to be employed, as far as is practicable.

26. The Superintendent shall, upon the death of any prisoner, give immediate notice to the chairman of the committee, the coroner, and where practicable to the nearest relative of the deceased.

27. The Superintendent shall call the attention of the medical officer to any prisoner whose state of mind or body appears to require attention, and shall, so far as practicable, carry into effect any written recommendation made by the medical officer.

28. The Superintendent shall report to the Minister any case in which the medical officer is of the opinion that the mental state of any prisoner is becoming impaired or enfeebled by continued imprisonment, or that the life of any prisoner will be endangered by further imprisonment, or that any sick prisoner will not survive his sentence or is totally and permanently unfit for prison discipline.

29. The Superintendent shall not allow any person to view any prison or to hold conversation with a prisoner, except in accordance with the provisions of these Rules or other relevant provisions.

30. The Superintendent shall ensure that no person authorised to view any prison makes any sketch or takes any photograph thereof, except with the permission of the Minister.

31. The Superintendent shall have the power to remove from any prison any visitor whose conduct is improper or to order his removal therefrom by any officer.

Employment for prisoners.

Death of a prisoner.

Attention to health.

Report of danger to life.

Viewing of prisoners.

No photographs to be taken.

Removal of visitors.

PRISONS [CH.208 – 19

32. Should the Superintendent suspect any person of bringing into the prison or carrying out of the prison any prohibited article, or of carrying out any property belonging to the Government from a prison, he may order such person to be searched.

33. The Superintendent shall enforce a high degree of cleanliness amongst the staff, the prisoners and in every part of the prisons.

34. The Superintendent shall frequently test the quantity and the quality of the diets supplied to prisoners.

35. The Superintendent shall keep or cause to be kept all records, registers, journals, accounts and other books necessary for the efficient administration of the prisons.

36. The Superintendent shall arrange for the regular check of all stores, inventories, records, work orders and accounts by officers of the prisons.

37. If a prisoner desires to present a petition to the Governor-General the Superintendent shall afford his assistance, if he is so requested. Replies to petitions shall, in all cases, be communicated to prisoners individually and not in the presence of other prisoners.

38. The Superintendent shall take care that precautions against fire are adopted, and that the appliances for the extinction of fire are at all times kept in good order and ready for use. He shall take care that instructions are given as to the steps to be taken in case of fire, and that the officers concerned are acquainted with their duties on such occasions.

39. The Superintendent shall be responsible for the efficient operation of all farms and workshops of the prisons. He shall consult the committee upon all changes which he recommends for the improvement of these services, and thereafter the chairman, or acting chairman, shall make such proposals to the Minister as the committee deems wise.

40. The Superintendent in investigating the sale price of all products from the farms or workshops, unless the committee shall in any instance upon the recommendation of the Superintendent decide otherwise, shall give con- sideration to the cost of raw materials, the cost of salaries

Search of visitors.

Cleanliness in prisons.

Testing of diets.

Keeping of records, etc.

Check of stores, etc.

Prisoner’s petition.

Precautions against fire.

Farms and workshops.

Price of products.

CH.208 – 20] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

or fees of professional persons who would not otherwise be employed in the prisons, the reasonable depreciation of all appropriate machines and tools and the cost of main- tenance of such machines and tools, together with the reasonable depreciation of new buildings specially erected for farm or workshop use, but no charge shall be introduced into this costing which shall represent the labour of the prisoners.

41. In general the products shall be sold to other departments of the Bahamas Government at the landed wholesale price, without customs duty, of the equivalent produced in the most advantageous market overseas, providing that the selling price shall not be less than the price computed in rule 44.

42. The Superintendent shall have power from time to time, and subject to the approval of the Minister, to make standing orders relating to matters of detail not provided for by these Rules.

43. An estimate of the probable expenditure of the prisons shall be prepared annually by the Superintendent for the approval of the Minister.

44. The charge of the prisons shall, in the absence of the Superintendent, devolve on the Deputy Superintendent or in his absence on one of the Assistant Superintendents deputed by the Superintendent; and the Deputy Super- intendent or other officer so deputed shall be competent to perform and shall perform any duty required to be performed by the Superintendent.

45. The Superintendent may delegate to the Deputy Superintendent or to an Assistant Superintendent certain duties other than those connected with their particular station.

46. The Superintendent shall as soon as possible at the beginning of each year submit to the Minister for the information of the Governor-General a report in writing with respect to the administration of the prisons of The Bahamas for the past year.

Products sold to other departments.

Power to make standing orders.

Estimate of probable expenditure.

Absence of Superintendent.

Delegation of duties.

Annual report.

PRISONS [CH.208 – 21

PART III THE MEDICAL OFFICER

47. The medical officer shall have the general care of the health of the prisoners and shall attend all sick prisoners and all officers and employees in the service of the prisons. Medicines prescribed by the medical officer shall be supplied at the expense of the Government.

48. The medical officer shall report to the Super- intendent any circumstances connected with the prisoners or the treatment of the prisoners which at any time appears to him to require consideration on medical grounds.

49. The medical officer shall visit the prisons once every day, and oftener if necessary.

50. The medical officer shall, while acting in that capacity, be responsible to the Superintendent.

51. The medical officer may cause any prisoner sentenced to a term of imprisonment to undertake such vaccinations and immunization on his reception in prison as the medical officer thinks desirable; and shall cause the prisoner to be given subsequent preventive treatments at such intervals as he shall direct. These treatments together with laboratory findings shall be recorded in a journal to be kept by the medical officer.

52. The medical officer shall examine every prisoner as early as possible after admission, and record in his journal the state of his health, the class of work he is fit to do and any other particulars he may think necessary. He shall also examine every prisoner on the morning of his discharge, noting in his journal any injuries or maladies from which such prisoner may be suffering.

53. The medical officer shall on every visit examine such prisoners as complain of illness, reporting to the Superintendent in writing their fitness or otherwise for labour. He shall see every prisoner who is sick in the prison hospital or elsewhere.

54. The medical officer shall on every visit see every prisoner who is under restraint in cellular confinement or on punishment diet or awaiting execution or any other prisoner to whom his attention is specially directed.

Duties of medical officer.

Report on prisoners.

Daily visits.

Responsible to Superintendent.

Prisoners to have vaccinations.

Examination of every prisoner.

Examination of ill prisoners.

Examination of confined prisoners.

CH.208 – 22] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

55. The medical officer shall frequently examine the provisions made for the purpose of cleanliness, ventilation and sanitation and see whether they are in efficient working order. He shall report at once to the Super- intendent any defect or insufficiency therein.

56. The medical officer shall, after the death of any prisoner, record in his journal the following particulars —

(a) the date and the time when the illness of such prisoner was first notified to him or noticed by him;

(b) nature of illness; (c) when the illness assumed a serious character; (d) date and time of death; (e) appearance of body after death; (f) his opinion before the coroner and verdict of the

jury; (g) any other special remarks. 57. On the last day of each month the medical

officer shall inspect ever part of every prison for the purpose of ascertaining that nothing exists therein likely to be injurious to the health of the prisoners. The result of this inspection shall be reported in writing on a monthly report form through the Superintendent to the Minister.

58. The medical officer shall frequently inspect the food, whether cooked or uncooked, of the prisoners and shall report to the Superintendent as to the state, quantity and quality of food, and as to any deficiency in the quantity or defect in the quality of the water, and also to the sufficiency of the clothing and bedding, and any other matter which may affect the health of the prisoners.

59. The medical officer shall enter in his journal the date of every attendance in the performance of his duties, and the complaints for which the prisoners are treated, and any prescriptions or diet which he may think necessary for medical reasons.

60. When the medical officer has reason to believe that a prisoner’s health is likely to be injuriously affected by prison discipline or treatment, he shall report the case in writing to the Superintendent together with such recommendations as he thinks proper.

Examination of cleanliness.

Death of a prisoner.

Monthly inspection.

Inspection of food.

Entries in journal.

Prison discipline affecting health.

PRISONS [CH.208 – 23

61. Whenever the medical officer is of the opinion that the life of any prisoner will be endangered by his continuance in prison, or that any sick prisoner will not survive his sentence, or is totally and permanently unfit for prison discipline, he shall make a report with the grounds thereof, in writing, to the Superintendent who shall transmit the same to the Minister.

62. The medical officer shall give notice to the Superintendent and the chaplain when a prisoner appears to be dangerously ill.

63. The medical officer shall report in writing to the Superintendent the case of any prisoner to which he thinks it necessary on medical grounds to draw attention, and shall make such recommendations as he deems needful for the alteration of the discipline or treatment of the prisoner or for the supply of additional articles of food or clothing on medical grounds.

64. The medical officer shall have the special care of the mental health of the prisoners, keeping under his special observation any whose mental condition appears to require such observation, and if necessary shall take such steps as he may consider proper with a view to their segregation or transfer to Sandilands Hospital for treat- ment as mental patients.

65. Whenever the medical officer is of the opinion that the mental health of any prisoner appears likely to become impaired by continued imprisonment, he shall make a report thereof to the Superintendent who shall transmit the same to the Minister.

66. The medical officer shall submit to the Superintendent in writing a recommendation for separating from other prisoners any prisoner suffering or suspected of suffering, from any infectious or contagious disease, and shall immediately take such steps as may be necessary to prevent the spread of any disease.

67. The medical officer shall prescribe whenever necessary on medical grounds the special diets and extra food for issue to sick prisoners.

68. The medical officer shall enter in a dietary book the name of any prisoner who is to receive special diet or extra food, the kind of diet or food and the period during

Report of danger to life.

Prisoner dangerously ill.

Alteration of discipline for ill prisoner.

Mental condition of prisoners.

Continued imprisonment injuring health.

Infectious diseases.

Special diets.

Dietary book.

CH.208 – 24] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

which he is to receive same, and the medical grounds on which such diet or extra food is ordered. This book shall be signed by him and forwarded daily to the Superintendent, Deputy Superintendent or an Assistant Superintendent, as the case may be.

69. In any case where a report on the physical or mental condition of a prisoner is required by the Governor-General or the Minister, or by any court, or by the Attorney-General, or by the Commissioner of Police then the Superintendent shall cause a report to be prepared by the medical officer accordingly and shall transmit the report to the person or court by whom it is required.

70. The medical officer shall examine all candidates for employment in the prison service and certify in writing whether they are mentally and physically fit for such employment.

71. All prisoners serving a sentence of imprisonment of more than six months shall be mentally and physically examined by the medical officer at the end of each six months period of their sentence and all findings shall be recorded in a journal.

72. The medical officer shall draw the attention of the Superintendent to any prisoner who he may have reason to think has suicidal intentions in order that special observa- tion may be kept on such prisoner, and the Superintendent shall, without delay, direct that such prisoner be observed at frequent intervals.

73. The medical officer shall be assigned sick nurses who shall be on duty in the prison hospital daily at such hours as the Superintendent may direct, and shall remain during the night when it is considered necessary by the medical officer or Superintendent. When not employed as sick nurses, they shall perform any prison duty the Superintendent may require.

74. If the medical officer is of the opinion that an officer is unable to perform his duties on account of sickness, which is the result of misconduct or irregularity of life, he shall report the same in writing to the Superintendent.

Health report of prisoner.

Fit for employment.

Six monthly examination.

Suicidal intentions of prisoners.

Assignment of sick nurses.

Sickness of officers.

PRISONS [CH.208 – 25

75. The medical officer shall submit during the month of January in each year, for inclusion in the annual report of the Superintendent, a report in writing specifying, with reference to the preceding year, the state of health in which the prisoners have been received and the general state of health which has been maintained; the diseases which have been most prevalent; whether any connection can be traced between the diseases which have occurred and the locality or actual state of the buildings, or the diet, employment, or other particular circumstances; the number of deaths, the number transferred to Princess Margaret Hospital and Sandilands Hospital, the number reporting sick during the year, and any other circumstances with reference to the health of the prisoners that he may consider proper to bring to the attention of the authorities.

76. When the medical officer is ill or absent from duty for any other reason, he shall arrange with the Chief Medical officer of The Bahamas to appoint a substitute and shall notify the Superintendent.

PART IV THE CHAPLAIN AND RELIGIOUS

INSTRUCTION 77. The religious denomination of each prisoner

shall be ascertained and recorded on his reception into prison and he shall be treated as a member of the religious denomination then recorded unless and until he satisfies the Superintendent that he has good grounds for desiring the record to be altered.

78. Where a prisoner is recorded as belonging to a religious denomination for which no minister has been appointed to the prison the Superintendent shall, if the prisoner so requests, arrange for him, so far as possible, to be visited by a minister of that denomination, and every such prisoner shall be informed of this rule on reception.

79. Divine service shall be conducted at least once on every Sunday, Christmas Day and Good Friday by the chaplain, or in his absence by some person deputed by him, and the person performing such service shall enter his name in a book kept in the prison for that purpose. He shall also conduct any services on week-days as may be arranged.

Annual report.

Substitute medical officers.

Religious denomination.

Visits by minister.

Divine services.

CH.208 – 26] PRISONS

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80. The matron and one of the chief officers and all of the prisoners shall attend divine service on Sundays and on other days when service is celebrated, unless prevented by sickness or by other reasonable cause.

81. All ministers of religion may be allowed by the Superintendent to hold divine service in the prisons at such hours as may be fixed by him, and a prisoner may on request to the Superintendent be visited by a minister of his religion at such times as shall not interfere with the discipline or routine of the prisons.

82. Every prisoner shall so far as practicable be regularly visited at proper and reasonable times by the chaplain. This would include prisoners who are under restraint, in cellular confinement, or sick in the prison or other hospitals. He shall pay special attention to and visit daily prisoners awaiting execution.

83. The chaplain shall read the burial service at the funeral of any prisoner who may die in prison, in case provision for the reading of such service is not otherwise made.

84. There shall, so far as practicable, be made available for the personal use of every prisoner such of the scriptures and books of religious observance and instruction recognised for his religious denomination as are accepted by the Superintendent for use in prison.

85. The chaplain shall at once communicate to the Superintendent any abuse or impropriety which may come to his knowledge.

86. The chaplain shall conform to the Prison Rules and shall not interfere with the working of them as regards the safe custody, discipline and labour of prisoners, but shall support the Superintendent in the maintenance of discipline.

87. The chaplain shall submit during the month of January of each year, for inclusion in the annual report to the Superintendent, a report in writing with reference to his work during the preceding year.

Attendance at divine services.

Superintendent to fix hours of divine services.

Visits.

Burial service.

Religious books.

Superintendent to be notified of abuse.

Conform to Rules.

Annual report.

PRISONS [CH.208 – 27

88. In case of illness or absence from duty far any other cause, the chaplain shall inform the Superintendent in writing and nominate a substitute for the approval of the Governor-General.

PART V THE EDUCATION OFFICER

89. The education officer shall, as the Superintendent directs, plan and supervise the training and education programmes of prison staff and inmates with special regard to instruction in suitable trades and crafts.

90. The education officer shall have the general supervision of libraries and be responsible for the selection of suitable books and magazines therefor, and shall arrange for the compilation of catalogues and the issue and return of books.

91. The education officer shall, in consultation with the Superintendent, arrange for suitable members of the public to give concerts, cinema shows, talks and lectures for prisoners and shall be present thereat.

PART VI THE MATRON AND ASSISTANT MATRON 92. The matron and assistant matrons shall be under

the direction of the Superintendent. 93. The matron shall have the care and superinten-

dence of the whole of the female prisoners. She shall exercise a close and constant supervision over the whole of the female prison. She shall visit and inspect daily all parts of the prison where female prisoners are employed and confined, and shall give special attention to any female prisoner who is sick or under restraint or in cellular confinement. Neither the matron nor any female officer shall leave the prison during duty hours without the permission of the Superintendent who shall ensure that the female prison is not left without a matron.

94. The matron and assistant matrons shall not speak to any male prisoner, or convey any message, parcel, letter

Nomination of substitute chaplain.

Duties of education officer.

Supervision of libraries.

Concerts, etc., by members of the public.

Under Superintendent.

Duties of matron.

Matron not to convey messages.

CH.208 – 28] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

or article to or from any prisoner, male or female. When the matron leaves the prison she shall place the keys of the female prison in the charge of an assistant matron.

95. The matron or an assistant matron shall sleep in the female prison every night.

96. No member of the male subordinate staff, or male prisoner or visitor shall be allowed to enter any part of the female prison without orders from the Superintendent, and in every case the matron or an assistant matron shall remain in constant attendance.

97. Whenever the matron is absent her duties shall be performed by a qualified female officer approved by the Superintendent, and such officer shall have all the powers and perform all the duties of the matron.

98. The matron and assistant matrons shall conform to the Prison Rules and to orders and instructions of the Superintendent in so far as they apply to female officers and female prisoners.

99. The matron and assistant matrons shall at once report to the Superintendent any occurrence of importance within the female prison.

PART VII THE STOREKEEPER AND

PAYMASTER 100. The storekeeper and paymaster shall be a

member of the prison subordinate staff and shall be subject to the rules applicable to subordinate officers.

101. The storekeeper shall be responsible for all stores, and for the receipt and issue of same. All deficiencies due to his carelessness or negligence shall be made good by him.

102. The storekeeper shall keep the stores ledgers up to date.

103. The storekeeper shall prepare the dietary sheets in accordance with the dietary scale and shall issue the several articles required for the same.

Sleep in the prison.

Entry of female prison.

Substitute matron.

Conform to Rules.

Occurrence of importance.

Conform to rules.

Responsibility for stores.

Stores ledgers.

Dietary sheets.

PRISONS [CH.208 – 29

104. The storekeeper shall scrutinise all requisitions for stores and forward same for the approval of the Superintendent, drawing attention to any demands which he may consider excessive or unnecessary.

105. The storekeeper shall carefully check all articles supplied by the contractors and shall immediately report to the Superintendent any defect in the quality or shortage in the quantity thereof.

106. The storekeeper shall periodically check the weights and scales in use to ensure that they are correct at all times.

107. The storekeeper shall not deliver up the keys of the storerooms to anyone except with the approval of the Superintendent.

108. The storekeeper shall keep an account of all articles unfit for further use and shall prepare a list periodically for condemnation by a board of survey.

109. The storekeeper shall keep up to date inventories of all tools, equipment and furniture, the property of the Prison Department, in use throughout the prisons and living quarters situated in the prison compound.

110. As paymaster he shall prepare and submit to the Superintendent for signature all paysheets for the staff of the prisons, and on Friday of every week, unless otherwise directed, he shall pay to the subordinate staff of and below the rank of chief officer the salaries far the week ended the previous day. He shall be responsible for all monies handled in this connection.

111. He may at times be called upon to perform other duties of a special and temporary nature. At such times he will be advised by the Superintendent regarding the nature and duration of such duty.

112. The storekeeper and paymaster shall be given such assistance in his duties as the Superintendent considers necessary. Whenever it is necessary to assign another officer to duty in the stores he shall be under the direction of the storekeeper and paymaster and shall familiarise himself with all the duties and responsibilities of the storekeeper and paymaster and as approved by the Superintendent assume these duties and responsibilities in the absence of the storekeeper and paymaster.

Requisitions for stores.

Check articles supplied by contractors.

Check weights and scales.

Store room keys.

Articles unfit for future use.

Inventories of tools, etc.

Paysheets.

Special duties.

Assistance.

CH.208 – 30] PRISONS

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113. The storekeeper and paymaster shall reside in quarters situated in the prison compound.

PART VII MEDICAL ORDERLIES AND SICK

NURSES 114. The medical orderlies and sick nurses shall be

members of the prison subordinate staff and shall be subject to the rules applicable to the subordinate officers.

115. The senior medical orderly and sick nurse, unless otherwise directed by the Superintendent, shall attend at the prisons from 8 a.m. to 5 p.m. daily and at such other times as circumstances may render necessary.

116. The senior medical orderly and sick nurse shall be aided in his duties by two assistant medical orderlies and sick nurses from 6 a.m. to 9 p.m. and at such other times as circumstances may render necessary.

117. The senior medical orderly and sick nurse shall be responsible for the drugs and medicines in the prison dispensary and for the replenishment of same, as may be directed by the medical officer.

118. The medical orderlies and sick nurses shall carry into effect all orders of the medical officer with regard to treatment, diet, clothing and bedding of prisoners whether confined in the prison hospital or treated as out-patients.

119. The medical orderlies and sick nurses shall see that the prison hospital and dispensary are kept clean and tidy and that prisoners confined to hospital behave in an orderly manner. They shall report to the superior officer in charge all cases of misconduct or other breaches of the rules and orders.

120. The medical orderlies and sick nurses shall prepare daily a list of the diets entered by the medical officer in the dietary book and forward these to the storekeeper as early as possible.

121. The senior medical orderly and sick nurse shall reside in quarters situated in the prison compound.

Residence.

Conform to rules.

Hours of work.

Assistants.

Prison dispensary.

Treatment of prisoners.

Prison hospital to be kept clean.

Prepare lists of diets.

Residence.

PRISONS [CH.208 – 31

PART IX AGRICULTURAL INSTRUCTOR

122. The agricultural instructor shall be a member of the prison subordinate staff and shall be subject to the rules applicable to subordinate officers.

123. The agricultural instructor shall have general supervision of all livestock, farm buildings, the grounds, vegetable gardens, fruit orchards and crops. He shall, with the approval of the Superintendent, direct all the work on the farms, grounds and gardens, and shall control and direct the work of all the officers and prisoners under his charge, and shall be responsible to the Superintendent for the proper performance of their duties and for the prisoners placed under his charge when such are not in charge of an officer.

124. He shall make such daily or other reports and keep such records connected with his department as shall be required by the Superintendent.

125. He shall, with the approval of the Superinten- dent, make requisitions on the storekeeper for any supplies or materials required for use in his department, furnishing therewith a full and sufficient description of the same. He shall promptly return to the stores all unused material requisitioned for his department.

126. He shall, when directed, make an inventory of all the livestock, hay, grain, feed, agricultural implements and appliances and shall return the same to the Superintendent duly certified as to its correctness.

127. He shall faithfully observe all instructions that may be issued from time to time by the Superintendent concerning the farm and the manner in which the products of the farm are to be disposed of.

128. He shall keep in a highly presentable condition all the institution property under his control and in all phases of his work shall follow the best approved agricultural methods.

129. The agricultural instructor shall reside in quar- ters situated in the prison compound.

Conform to rules.

Supervision of livestock, etc.

Daily reports.

Requisitions for stores.

Inventories of livestock, etc.

Observance of instructions.

Keep property in good condition.

Residence.

CH.208 – 32] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART X SUBORDINATE OFFICERS

130. Subordinate officers shall be selected by the Superintendent, passed as fit by the medical officer and appointed by the Governor-General subject to six months’ probation. Should a probationer prove to be unsuitable his services may be dispensed with by the Superintendent. Promotions shall be approved by the Governor-General.

131. Subordinate officers shall strictly conform to and obey all prison rules and orders and instructions issued by the Superintendent, Deputy Superintendent or an Assistant Superintendent, and shall assist to their utmost in maintaining order and discipline.

132. Subordinate officers shall undergo such training during their probation and throughout their service as may be ordered by the Superintendent.

133. Every officer or servant of the prison shall submit himself to be searched in the prison if called upon to do so by the Superintendent, Deputy Superintendent or an Assistant Superintendent.

134. Every officer or servant of the prison shall at once communicate to the Superintendent, or the Deputy Superintendent, or an Assistant Superintendent, any abuse or impropriety which may came to his knowledge.

135. Subordinate officers shall occupy such quarters as are assigned to them and shall vacate such quarters when required to do so. Should an officer die while in service, his family shall give up the quarters when required to do so.

136. The Superintendent shall cause a record of service, in such form and containing such particulars as the Governor-General may from time to time approve, to be maintained in respect of every officer.

137. Every officer shall be deemed to be on duty at all times.

138. It is the duty of every subordinate officer to direct the attention of the Superintendent, or the Deputy Superintendent, or an Assistant Superintendent, to any

Probation.

Conform to rules.

Training during probation.

Search of officers.

Report abuses.

Quarters.

Record of service.

On duty.

Attention drawn to ill prisoners.

PRISONS [CH.208 – 33

prisoner (whether he complains or not) who appears to be out of health, or whose state of mind appears to be deserving of special notice and care, and it is the duty of the Superintendent, Deputy Superintendent, or an Assis- tant Superintendent, without delay, to bring such cases to the notice of the medical officer.

139. The striking of a prisoner by a subordinate officer is forbidden except in self defence or to protect the life of any other person, or where the officer is ordered to do so under the provisions of these Rules.

140. A subordinate officer shall make an immediate report to a superior or senior officer of any misconduct or disobedience of orders by a prisoner.

141. A subordinate officer shall, without delay, inform the Superintendent, or the Deputy Superintendent, or an Assistant Superintendent of any prisoner who desires to make any complaint or to prefer any request.

142. Subordinate officers shall not leave the prison or receive visitors in the prison without the permission of the Superintendent, nor shall any officer be relieved from duty to answer telephone calls on private business unless the business is a case of emergency.

143. Every officer must understand at the outset that the prison is designed, not only as a place of safe custody for those who have violated the law, but also as a means of reformation, if possible. This means that the rules and regulations are to be so construed and enforced as to develop that which is good in the prisoners and guide them into habits of industry and to willing obedience to lawful authority. An officer who is by nature incompetent to do this is not a suitable person for the prison service.

144. The official relationship between officers of the prison must be cordially maintained. Under no circum- stances must the personal relationship between officers be allowed to interfere with their official duties.

145. Subordinate officers will not be permitted to exchange duties with each other except by first obtaining permission from the Superintendent.

Striking of prisoners.

Report of misconduct of prisoners.

Prisoners who desire to complain.

Relief from duty.

Prison designed for reformation of prisoner.

Personal relationships of officers.

Exchange of duties.

CH.208 – 34] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

146. Subordinate officers shall not voluntarily identi- fy any ex-inmate or give any information about him to persons outside the prison service so as to hinder the ex- inmate’s employment and rehabilitation. The Superin- tendent may, at his discretion, authorize any officer to furnish such information concerning ex-inmates as may be required by recognised law enforcement or rehabilitation agencies. Essential information may also be authorized by the Superintendent to be communicated to any individual such as an employer who appears to be genuinely concerned with the rehabilitation of a particular ex-inmate.

147. Officers in charge of stores, tools or other Government property will be held responsible for them, and will be liable to pay for any articles. committed to their charge for which they cannot satisfactorily account.

148. A list of tools and other implements shall be kept in every toolroom, workroom or shed and the officer in charge thereof shall be responsible that all tools enumer- ated thereon are available at all times, and shall produce a receipt for any article issued to another officer.

149. Subordinate officers shall, when they relieve each other, point out to their successors all matters of special importance, check over all tools or other articles committed to their care, and pass on any orders they may have received.

150. No subordinate officer shall, on any pretext whatsoever, leave prisoners entrusted to his care until he has received an audible and proper acknowledgement for them from the officer to whom he is handing over.

151. Subordinate officers shall pay special attention to prisoners in cellular confinement and see that they are provided with necessaries, that their night pails are frequently removed, and that they are visited at regular times (special care shall be taken that an interval of more than three hours does not occur between visits).

152. No subordinate officer shall an any account enter the cell of any prisoner during the night unless he is accompanied by another officer, and only then in case of illness of prisoner or other emergency; no subordinate officer shall enter an occupied cell during the day unless he is accompanied by another officer.

Identification of ex-inmate.

Responsibility for stores, etc.

List of tools.

Subordinate officer’s relief.

Prisoners never to be left alone.

Prisoners in cellular confinement.

Entry of an occupied cell.

PRISONS [CH.208 – 35

153. Except by special permission of the Superintendent, no subordinate officer shall be allowed to follow or be concerned in any trade or business, or to hold any officer of a public character unconnected with the Prison Department.

154. No subordinate officer shall be allowed to have interest direct or indirect in any contract for the supply of any articles to the prison.

155. Subordinate officers shall attend divine service with the prisoners, and the senior officer on duty will be held responsible for seeing that this is done.

156. Subordinate officers entrusted with keys shall not on any pretext leave them about unguarded nor take them out of the prison. When leaving the prison they shall deliver the keys to the gatekeeper.

157. A subordinate officer wishing to re-engage or resign from the prison service shall give one month’s notice in writing to the Superintendent. Absence from duty subsequent to the giving of such notice shall disqualify the officer from pay, except when such absence is the result of some accident or injury sustained while on duty. The Superintendent may, an receipt of notice of resignation, forthwith release the officer from further service and salary may be paid up to and including the last day of service.

158. A subordinate officer may be transferred at any time from one prison to another and from one division to another on the order of the Superintendent.

159. No subordinate officer shall be debarred from voting at any election of Members of Parliament. Every subordinate officer, who is a qualified elector, shall be excused from his regular duties (if necessary) for such period as may be authorized by the Superintendent, for the purpose of casting his vote.

160. No subordinate officer shall engage in partisan work in connection with any election, or contribute, receive, or in any way deal with any money for any party funds.

161. No subordinate officer shall punish a prisoner unless ordered to do so by the Superintendent.

No other trade or business to be followed.

Interest in supplies.

Attendance at divine services.

Keys entrusted to subordinate officers.

Notice of resignation.

Transfers.

Voting at elections.

Partisan work.

Punishment of prisoner.

CH.208 – 36] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

162. Subordinate officers shall read and fully understand all orders placed in the “Order Book” at the first opportunity after publication.

163. Subordinate officers may be granted, subject to the exigencies of the service, vacation leave as provided under Part XI of The Public Service Act.

164. Acting officers, officers on probation or special probation shall not be eligible for vacation leave.

165. In addition to vacation leave the Governor- General upon the recommendation of the Superintendent, may grant leave of absence on half pay to a subordinate officer for such period as the Governor-General may deem fit, but in no case for a period exceeding the period of such officer’s vacation leave.

166. Subordinate officers shall be eligible for 28 days sick leave a year; sick leave in excess of this period may be granted at reduced pay by the Governor-General.

167. Subordinate officers who become sick shall report to the medical officer for examination immediately and the medical officer shall decide whether such member of the staff is fit for duty or not. Any officer whom the medical officer has not excused from duty and who absents himself from duty will be liable to forfeiture of pay for the period of his absence. Subordinate officers who are unfit for duty, and likely to be incapacitated for more than seventy-two hours, shall be admitted to Princess Margaret Hospital for proper medical care and attention.

168. Any subordinate officer who becomes ill or suffers an injury whilst on duty shall immediately notify the chief officer in order that a substitute may be provided.

169. Any subordinate officer who becomes ill or suffers an injury whilst off duty shall have notice communicated to the chief officer at a reasonable time prior to the hour of commencement of his next tour of duty.

170. Subordinate officers shall not leave their usual place of residence without authority or reasonable excuse while on sick leave.

Order book.

Leave.

Ch. 39.

Leave whilst on probation.

Leave of absence.

Sick leave.

Report to medical officer.

Illness on duty.

Illness off duty.

Residence whilst on sick leave.

PRISONS [CH.208 – 37

171. Should the medical officer report that a subordinate officer’s illness is due to misconduct or irregularity of life, the Superintendent may at his discretion engage a substitute at the officer’s expense. If at the end of three months the officer is still absent from duty the matter shall be reported to the Governor-General, with the opinion of the medical officer, for consideration of the officer’s further retention in the service.

172. Upon retirement subordinate officers retiring on pension shall be eligible for three months pre-retirement leave on full pay to take effect immediately prior to the date of such retirement.

173. A Code of Discipline setting out the offences against discipline, the procedure for dealing therewith, and the awards therefor, shall be formulated by the Super- intendent with the approval of the Governor-General acting on the recommendation of the Public Service Commission, and shall apply to such classes of officers as are stated in the Code.

174. Subordinate officers may belong to an approved staff organization through which representations may be made to the Superintendent in matters relating to the conditions and welfare of officers as a group. If it is deemed necessary such representation in writing shall be forwarded by the Superintendent to the Cabinet Secretary. Matters affecting individual discipline shall not be the subject of such representation.

175. A subordinate officer may make representations at any time in any circumstances connected with his employment which are of personal concern.

176. The ’Superintendent shall cause a record of service, in such form and containing such particulars as the Governor-General may from time to time approve, to be maintained in respect of each officer.

177. Subordinate officers shall be provided with uniforms and accoutrements as approved from time to time by the Governor-General. All uniforms and accou- trements are to be considered as the property of the Government and must be returned to stores on the resignation or dismissal of an officer. The value of articles not returned to stores will be deducted from the officer’s pay.

Illness due to misconduct.

Pre-retirement leave.

Code of Discipline.

Approved staff organization.

Representations.

Record of service.

Uniforms and accoutrements.

CH.208 – 38] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

178. Officers are to keep all articles of uniform and accoutrements in proper repair at their own expense except when damaged in the execution of their duty, in which case repairs or renewal shall be at the public expense.

179. Uniform, or portions of it, shall not be worn off duty as leisure garb.

180. In all contacts with the public at or outside the prison every officer’s personal appearance and deportment shall be such as to create respect for himself, his position and the prison service.

181. Subordinate officers in uniform shall not frequent any commercial establishment such as a tavern, beverage room or other place where intoxicants are sold to the general public.

182. Male officers shall be instructed in the use of firearms. The Superintendent may order officers in charge of prisoners within or without any prison, or on patrol in the prison compound either by day or by night, to carry firearms.

183. Any male officer may use any weapons which have been issued to him against any prisoner or person when such prisoner or person —

(a) is escaping or attempting to escape, provided that resort shall not be had to the the use of any such weapons unless such officer has reasonable ground to believe that he cannot otherwise prevent the escape, and unless such officer shall give a warning to such prisoner that he is about to use such weapon against him, and such warning is unheeded;

(b) is engaged in any combined outbreak or in any attempt to force or break open the outside door, gate or enclosure wall of the prison, and an officer may continue to use weapons so long as such combined outbreak or attempt continues to be prosecuted;

Provided that resort shall not be had to the use of any such weapon unless such officer has reasonable ground to believe that the prison officer or other person is in danger of grievous bodily harm;

Uniform to be kept in good repair.

Uniform when off duty.

Personal appearance.

Subordinate officers in uniform.

Firearms.

Using weapons against prisoners.

PRISONS [CH.208 – 39

(d) encounters any person during patrol of the prison compound by day or by night, provided that resort shall not be had to the use of such weapons unless such officer has reasonable ground to believe that such person has made an illegal or unauthorised entry into the prison compound for the purpose of committing a crime, and that such officer’s life is endangered by any action on the part of such person while apprehending him.

184. No prison officer shall, in the presence of any senior prison officer, use any such weapons against a prisoner or other person, as authorised under rule 183, except under the orders of such senior prison officer.

185. No prison officer shall take a firearm out of the prison compound without the authority of the Super- intendent.

186. Prison officers must bear in mind that searching investigations will be made into every case of injury or death from shooting and that charges of murder or manslaughter may follow such investigation if it is considered that the use of firearms was not necessary.

PART XI PRISONERS

187. These Rules shall apply to all classes of prisoners except in so far as they may be inconsistent with the Rules as to particular classes of prisoners.

188. Prisoners will not be received at the prison earlier than 6 a.m. or later than 8 p.m., except with the special permission of the Superintendent.

189. No prisoner shall be received into the prison unless the usual form of commitment properly filled up in all its parts has been put into the hands of the Super- intendent or officer in charge.

190. (1) Prisoners on admission shall be strictly and minutely searched by the reception officer (males by the male reception officer, females by the reception matron). Their clothing shall be removed and kept in the custody of

Using weapons in presence of senior officer.

Firearms to stay in prison compound.

Charges of murder or manslaughter.

Application.

Hours of reception.

Form of commitment.

Searches.

CH.208 – 40] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the reception officer who shall take due care of them, but no responsibility shall be accepted for unavoidable deterioration through age.

(2) All property, including personal effects, clothing and money, shall be taken from the prisoner on admission and entered in the Prisoners’ Property Book by the reception officer and signed for by the owner on admission and discharge. The Superintendent shall initial all entries of property including personal effects, clothing and money received and his initials shall hold good as a receipt for the articles against which they appear, and for which he shall be responsible for the safe custody thereof.

(3) Articles which, in the opinion of the Super- intendent are too bulky for storage, will not be received. Matches or other articles of a dangerous nature will not be received.

191. The name, age, height, weight, particular marks, and such other measures and particulars as may be required in regard to a prisoner shall, upon his admission and from time to time, be recorded by such officer and in such manner as may be directed by the Superintendent.

192. It shall be lawful for any gazetted police officer or for any police officer of or below the rank of inspector, who is authorized by the Commissioner of Police, to take and record for the purposes of identification the measure- ments, photographs and fingerprint impressions of all persons who may from time to time be in lawful custody:

Provided that if such measurements, photographs and fingerprint impressions are taken of a person who has not previously been convicted of any criminal offence, and criminal proceedings are not instituted against such person, or such person is discharged or acquitted by a court, all records relating to such measurements, photo- graphs and fingerprint impressions shall be forthwith destroyed or handed over to such person.

193. Every prisoner shall, as soon as possible after admission, be separately examined by the medical officer, who shall record the state of health of the prisoner, the class of labour he is fit to perform and such other particulars as the Superintendent may request him to record.

Particulars of prisoners.

Recorder of particulars.

Medical inspection.

PRISONS [CH.208 – 41

194. Every prisoner shall take a bath on reception and at the times fixed by the Superintendent, unless it shall be otherwise directed in any particular case by these Rules or by the Superintendent or the medical officer.

195. If a prisoner is found to have any infectious or contagious disease, or found to be in a verminous condition, steps shall be taken at once to treat the condition and to prevent it from spreading to other prisoners.

196. Arrangements shall be made to ensure that every prisoner on reception is provided in his cell, dormitory or ward, with full information about the Rules governing the treatment of prisoners of his class and about any other regulations of which he should have knowledge, including those relating to privileges, to the proper method of submitting a petition to the Governor-General and of making complaints, to food, clothing, bedding, and other necessaries, and to the disciplinary requirements of the prison.

197. Every prisoner shall be examined by the medical officer before being discharged. A prisoner due for discharge who is suffering from any acute or dangerous illness shall, before the hour of discharge, be transferred by the medical officer to the Government hospital appro- priate for the purpose of continuing treatment for such illness.

198. A prisoner shall be exposed to public view as little as possible while being removed from or to a prison.

199. Convicted prisoners for whose production at any place an order is issued shall, while outside the prison, be kept in the custody of the prison officers directly to convey them to that place. Unconvicted prisoners shall be handed over at the main prison at Fox Hill, New Providence, to the police who shall be responsible for their conveyance and custody.

200. (1) No prisoner shall have in his possession any unauthorised article, and any such article found in the possession of a prisoner shall be deemed to be a prohibited article and may be confiscated by the Superintendent.

(2) No person shall without authority convey or throw into, or deposit in a prison, or convey or throw out

Taking of baths.

Contagious diseases.

Prisoners to be provided with Rules.

Medical inspection of prisoners to be discharged.

Exposure to public.

Producing convicted prisoners.

Prohibited articles.

CH.208 – 42] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

of a prison, or convey to any prisoner, or deposit with a view to its coming into the possession of any prisoner, any money, clothing, food, drink, tobacco, letter, paper, book, tool or other article whatever. Anything so conveyed, deposited or thrown without authority shall be deemed to be a prohibited article and may be confiscated by the Superintendent.

201. All persons or vehicles entering or leaving any prison may be examined and searched, and any person suspected of bringing any prohibited article into any prison, or of carrying out any prohibited article or any property belonging to a prison, shall be stopped and immediate notice shall be given to the Superintendent.

202. (1) No prisoner shall be given or allowed to have any intoxicating liquor except in pursuance of a written order of the medical officer specifying the quantity to be given and the name of the prisoner for whose use it is intended.

(2) No prisoner shall be allowed to smoke or to have in his possession any tobacco except in accordance with such orders as may be given by the Superintendent.

203. The discharge of a prisoner shall take place at noon on the day on which his term of imprisonment expires, except on Sundays and public holidays when he shall be discharged on the preceding day at noon.

204. No prisoner shall be discharged before the expiration of his sentence except on the order of the Governor-General.

205. Except when placed on restricted diet prisoners shall be allowed their daily food in accordance with the dietary scale appended to these Rules, and the rations of each prisoner shall be carefully and accurately weighed in the presence of the chief officer, or in his absence an officer deputed by him.

206. A prisoner who has any complaint to make regarding his diet or who wishes it to be weighed to ascertain whether it contains the prescribed quantity, must make his request as soon as possible after the diet is handed to him, and it will be weighed in his presence and in that of the officer deputed for that purpose. Should,

Search of vehicles.

Intoxicating liquor.

Discharge.

Expiration of sentence.

Daily food.

Complaints regarding correct amounts of food.

PRISONS [CH.208 – 43

however, repeated groundless complaints be made by any prisoner under this rule, with the evident purpose of giving annoyance or trouble, it shall be treated as a breach of prison discipline, and the offender will be liable to be punished accordingly.

207. No prisoner confined under sentence of any court shall receive any food, clothing or necessaries other than the prison allowance, except under such regulations and restrictions as may appear expedient to the medical officer for medical reasons only.

208. The prison dress of every convicted prisoner, male and female, shall be parti-coloured, adequate for health, to be selected by the Superintendent and with the approval of the Governor-General.

209. Every prisoner shall be supplied with a cot, blanket and pillow. Additional bedding shall be supplied on the written recommendation of the medical officer for medical reasons.

210. On the discharge of a prisoner his own clothes shall be returned to him unless it has been found necessary to destroy or otherwise dispose of them, in which case proper clothing shall be provided at public expense.

211. When accommodation is available every prisoner shall occupy a cell by himself at night. When for medical or other special reason it is necessary for prisoners to be associated, at least three prisoners must be placed in one cell, and each one shall be supplied with separate bedding.

212. Every prisoner shall obey such directions as may from time to time be given by the Superintendent as regards washing, bathing, shaving and hair-cutting.

213. The hair of a female prisoner shall not be cut without her consent except on account of vermin or dirt or when the medical officer deems it requisite on the grounds of health, and the hair of a male prisoner may be cut as short as, in the opinion of the Superintendent, is necessary for good appearance.

214. Every prisoner shall be provided on admission with such toilet articles as are necessary for health and cleanliness, and arrangements shall be made for the replacement of these articles when necessary.

Allowances of food. etc.

Prison dress.

Bedding.

Clothing on discharge.

Accommodation.

Washing, bathing, etc.

Cutting of hair.

Toilet articles.

CH.208 – 44] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

215. Every prisoner shall keep his cell, and the utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged as may be directed.

216. (1) Arrangements shall be made as far as practicable for every prisoner who is not employed to take exercise daily for one hour, or for such longer periods as the medical officer may deem necessary in the case of any individual prisoner, having regard to the state of his health. The exercise shall take place in the open air except in inclement weather.

(2) Every prisoner, except if excused by the medical officer on medical grounds, shall take such exercise as ordered.

217. (1) Every convicted prisoner sentenced to hard labour shall be required to engage in useful work either within or without the prison compound for not more than ten hours a day, of which, as far as practicable, at least eight hours shall be spent in associated or other work outside the cells. An interval of one hour shall be allowed for lunch.

(2) The medical officer may excuse a prisoner from work on medical grounds, and no prisoner shall be set to any work unless he has been certified as fit for work by the medical officer.

218. (1) No prisoner shall be employed on any work not authorised by the Governor-General.

(2) No prisoner shall be employed in any disciplinary capacity, but prisoners carefully selected by the Superintendent may be given positions of responsibility and leadership within such limits as the Superintendent determines.

219. Arrangements shall be made for the avoidance of all unnecessary work by prisoners on public holidays and by prisoners of the christian religion on Sunday, Christmas Day and Good Friday, and if approved, Saturday may be substituted for Sunday.

220. (1) If at any time it appears to the Super- intendent that it is desirable for the maintenance of good order or discipline or in the interests of a prisoner that he should not be employed in association with others, the

Cell, etc., to be kept clean.

Daily exercise.

Hard labour.

Authorised work.

Work on public holidays.

Solitary work.

PRISONS [CH.208 – 45

Superintendent may arrange, during such period as the Superintendent shall decide, for him to work in a cell and not in association.

(2) It shall be within the discretion of the Super- intendent to arrange for such prisoner to be employed in association again whenever he considers this desirable, and he shall do so in any case if the medical officer so advises on medical grounds.

221. Employment shall consist of three classes of labour as follows:

1ST CLASS

Males: trades and hard bodily labour as may from time to time be appointed (either within or outside the walls of a prison).

2ND CLASS

Males: sedentary or less hard bodily labour as may from time to time be appointed (either within or outside the prison and in work shops).

Females: cooking, laundry, sewing, sweeping and cleaning. Females shall not work outside the compound of the prison.

3RD CLASS

Males and Females: light occupation within a prison in accordance with the directions of the medical officer.

222. Every gang of prisoners at hard labour (either within or outside a prison] shall invariably be attended by at least two prison officers.

223. Adequate arrangements shall be made for the provision of religious administration to all prisoners.

224. Services shall be held at least once a week for all prisoners of the Church of England, Roman Catholic and Nonconformist denominations. Services for prisoners of other denominations shall be held at such times as may be arranged, if there is a sufficient number of persons to attend. These services shall be compulsory.

Classes of employment.

Gangs of prisoners.

Religious administration.

Divine service.

CH.208 – 46] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

225. Every prisoner shall be required on reception to state his religious denomination and shall continue to be treated as a member of that denomination unless and until he satisfies the Superintendent that he has good grounds for desiring to join another denomination.

226. Every prisoner shall from the beginning of his sentence be furnished with such scriptures and books of religious observance and moral instruction as are recog- nised for the denomination to which he belongs.

227. (1) Arrangements shall be made whereby every prisoner sentenced to a term of imprisonment exceeding one month may attend programmes of educational classes. Reasonable facilities, under such conditions as the Super- intendent may determine, shall be allowed to prisoners who wish in their leisure time to improve their education by correspondence courses, private study or to practise handicrafts.

(2) Special attention shall be paid to the education of illiterate prisoners, if necessary within the hours normally allotted to work.

(3) Every prisoner able to profit by the educational facilities provided shall be encouraged to do so.

228. A library shall be provided in the prison and, subject to such conditions as the Superintendent may determine, every prisoner shall normally be allowed to have library books and to exchange them as often as practicable.

229. Prisoners may receive approved books and magazines from outside the prison under such conditions as the Superintendent may determine.

230. (1) Special attention shall be paid to the maintenance of such relations between a prisoner and his family as are desirable in the best interests of both.

(2) So far as is practicable and in the opinion of the Superintendent desirable, a prisoner shall be encouraged and assisted to maintain or establish such relations with persons or agencies outside the prison as may promote the best interests of his family and the social rehabilitation of the prisoner.

(3) The Superintendent may at any time communicate to a prisoner, or to his family or friends, any matter of importance to such prisoner.

Religious denomination.

Religious books.

Education.

Libraries.

Books and magazines.

Social relations.

PRISONS [CH.208 – 47

231. From the beginning of the sentence of every prisoner consideration shall be given, in consultation with the welfare officer of the appropriate Aid Society or After- care Association, to the future of the prisoner and the assistance to be given to him an and after his discharge.

232. Upon the death or serious illness, or certification as being insane or mentally defective, of a prisoner, or the sustaining by a prisoner of a serious accident, the Superintendent, if the prisoner is married to a person whose address is known, shall at once inform the wife or husband, as the case may be, and otherwise shall at once inform the nearest relative whose address is known, and shall in any event inform any other person whom the prisoner has requested may be so informed.

233. (1) Communications between prisoners and their relatives and friends shall be allowed in accordance with the following rules, subject to such restrictions as may be necessary for the maintenance of discipline and order in prison, and the prevention of crime. No other person shall be allowed to communicate with a prisoner except by special authority.

(2) A prisoner desiring to see visitors shall inform the Superintendent, giving the names and addresses of such person or persons as he may wish to visit him. The Superintendent shall then send a written notification to such person or persons informing them that they will be admitted to the prison on a specified day. On presentation of such notification at the gate of the prison any such person or persons may be admitted, but in the event of any person or persons not named in the notification presenting themselves admission will be refused:

Provided that no admission will be given to any such person or persons who have previously served a term of imprisonment.

(3) When a prisoner is admitted under sentence for the first time he or she may be allowed to write a letter upon admission and thereafter once a month. When a prisoner is admitted under sentence for a subsequent term or terms he or she may be allowed to write a letter upon admission and thereafter once every two months. Prisoners under sentence may be allowed to receive such a number of letters as the Superintendent or the committee may determine:

Future of prisoner.

Next of kin to be informed of death or illness.

Visits and communications.

CH.208 – 48] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

Provided that the privilege accorded in this subpar- agraph shall not apply during the time when a prisoner is subject to dietary restriction or close confinement.

(4) Prisoners under sentence for the first time may be allowed to receive a visit once each month and prisoners under sentence for a subsequent term or terms may be allowed to receive a visit once every two months:

Provided that the privilege accorded in this subpar- agraph shall not apply during the time when a prisoner is subject to dietary restriction or close confinement.

(5) The Superintendent may allow any prisoner about to receive a visit to write a letter and receive replies in lieu of such visit, and may also allow any prisoner to write a special letter and receive replies, or to receive a special visit, in any of the following circumstances —

(a) death or serious illness of a near relative; (b) business or family affairs of an urgent nature; (c) arrangements for obtaining employment or

assistance from friends on release. (6) The Superintendent may at any time communicate

to a prisoner, or to his friends, any matter of importance to such prisoner, in case he should not be eligible to write or receive a letter.

(7) Not more than three persons shall be allowed to visit a prisoner at one time.

(8) Male prisoners shall be visited in the sight and hearing of a male officer, and female prisoners in the sight and hearing of a female officer.

(9) The day and hour for regular visits shall be on Sundays from 2:30 p.m. to 4:30 p.m.. No person shall be allowed to visit a prisoner on other days except in cases of emergency.

234. (1) Without prejudice to the provisions of rule 233, the Superintendent, notwithstanding any provisions of this and any other rule, may impose restrictions upon and supervision over letters and visits as he considers necessary for securing discipline and good order, for the prevention of crime and criminal associations and for the welfare of individuals.

(2) Every letter to or from a prisoner shall be read by the Superintendent or by a responsible officer deputed by him for the purpose, and it shall be within the discretion of

S.I. 2/1977.

Restrictions on letters and visits.

PRISONS [CH.208 – 49

the Superintendent to stop any letter on the ground that the contents are objectionable or that it is of inordinate length.

235. Any person committed to prison in default of the payment of any sum which in pursuance of any conviction or order he is required to pay shall be allowed to communicate or to have an interview with any of his friends on any week day at any reasonable hour for the bona fide purpose of providing for the payment which would procure his release from prison.

236. (1) Reasonable facilities will be allowed the legal adviser of a prisoner who is conducting any legal proceedings, civil or criminal, in which the prisoner is a party, to see the prisoner with reference to such proceed- ings in the sight but not in the hearing of a prison officer.

(2) The legal adviser of a prisoner may, with the permission of the Superintendent, see such prisoner with reference to any other legal business in the sight and hearing of a prison officer.

(3) For the purpose of this and any special rule, “legal adviser” shall be construed to mean the prisoner’s counsel or solicitor or the authorised clerk of such counsel or solicitor.

237. A police officer may, on production of an order issued by a police officer not below the rank of Assistant Superintendent, interview any prisoner in the sight and hearing of a prison officer, and if the prisoner so desires, in the presence of a legal adviser. Prior to such interview the prisoner shall be informed accordingly by the Super- intendent or an officer deputed by him.

238. (1) Every offence against prison discipline shall be reported forthwith, and shall be investigated not later than the following day unless that be a Sunday or a public holiday.

(2) No report against a prisoner shall be dealt with by any prison officer except the Superintendent, the Deputy Superintendent or an Assistant Superintendent of Prisons.

(3) When a prisoner has been reported for an offence the Superintendent or his Deputy, or an Assistant Super- intendent, or a chief officer may order him to be kept apart from other prisoners pending adjudication.

Payment in lieu of sentence.

Visits by legal advisers.

Visits by police officers.

Reports of offences against prison discipline.

CH.208 – 50] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) A prisoner shall, before a report is dealt with, be informed of the offence for which he has been reported and shall be given an opportunity of hearing the facts alleged against him and of being heard in his defence.

239. A prisoner shall be guilty of an offence against discipline if he —

(a) disobeys any order of the Superintendent or of any other prison officer, or any Prison Rule, or any standing order, or if he disobeys any order of any person in whose lawful custody he is for the time being while temporarily absent from the prison;

(b) treats with disrespect any prison officer or servant of the prison or any person authorised to visit the prison;

(d) is idle, unreasonably talks with other inmates when work is to be done, is careless or negligent at work, or refuses to work;

(e) loiters when passing to and from work; (f) swears, curses, or uses any abusive, insolent,

threatening or other improper language; (g) behaves irreverently in chapel; (h) is indecent in language, act or gesture; (i) commits any assault; (j) communicates with another prisoner without

authority; (k) leaves his cell or place of work or other

appointed place without permission; (l) enters the cell of another inmate unless by

permission and in the presence of a prison officer;

(m) wilfully disfigures or damages any part of the prison or any property which is not his own;

(n) interferes or tampers in any way with prison locks, fastenings, lights or other prison property without authority;

(o) commits any nuisance; (p) has in his cell or possession any unauthorised or

prohibited article, or obtains any such article;

Offences against prison discipline.

PRISONS [CH.208 – 51

(q) gives to or receives from any person any unauthorised or prohibited article;

(r) improperly takes, or is improperly in possession of, any article which belongs to the prison or is the property of any other person;

(s) exchanges or gives away or wilfully wastes prison rations;

(t) makes a false accusation against any prison officer or prisoner;

(u) offers to an officer a bribe of any kind whatsoever;

(v) escapes or plots to escape from prison or from legal custody;

(w) mutinies or incites other prisoners to mutiny; (x) commits personal violence against any officer or

servant of the prison or other prisoner; (y) makes repeated and groundless complaints; (z) in any way offends against good order and

discipline, and fails to observe usual and customary prison routines;

(aa) attempts to do any of the foregoing things, or conspires with or causes or procures any person to do any such things, or aids in doing any such things.

240. Save as provided by paragraphs (1) and (2) of rule 243, the Superintendent may investigate any offence against prison discipline, and may determine thereupon and make one or more of the following awards —

(a) forfeiture of remission of sentence; (b) forfeiture or postponement of privileges; (c) solitary confinement in a punishment cell, with

or without punishment diet, for a period not exceeding 14 days;

(d) cellular confinement on full diet and at work for such a period as may be necessary for the maintenance of good order and discipline;

(e) solitary or cellular confinement and reduction in the scale of diet for any prisoner who is not sentenced to hard labour who shall be guilty of idleness or negligence at work.

Punishments.

CH.208 – 52] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

241. In case a prisoner shall be charged with any offence which the Superintendent is not empowered to deal with under these Rules, every such offence shall be dealt with by the chairman or acting chairman with any two or more members of the committee who are hereby empowered to inquire into and take evidence (on oath if they think it desirable) in such offences and to order the punishment of the offender by close confinement in a punishment cell on punishment diet for any period not exceeding twenty-eight days and/or forfeiture of remission for a period not exceeding three months.

242. If a prisoner shall introduce or attempt to introduce into the prison, or convey or attempt to convey to any other prisoner or person any tobacco in excess of the weekly ration as approved by the Governor-General from time to time, spirituous liquor, letter or other forbidden article, he shall be liable to punishment by the Superintendent or the chairman or acting chairman with two or more members of the committee.

1243. (1) Where a prisoner is reported for any of the following offences —

(a) escaping or attempting to escape from prison or from any other lawful custody;

(b) gross personal violence to a fellow prisoner; (c) committing or attempting to commit an indecent

act with another prisoner; (d) chronic laziness; (e) repeated refusal to obey lawful orders; (f) gross insubordination,

the Superintendent may, in his discretion, report the offence to the chairman or acting chairman of the committee, who along with two or more members of the committee, may enquire into the charges (under oath if they think it desirable) and shall determine thereupon, and for this purpose, may make one or more of the awards set out in rule 241, or in the case of a male prisoner under sentence of hard labour, order corporal punishment with the tamarind rod:

1 But see Penal Code (Ch. 84) s. 118: Abolition of corporal punishment.

Charges dealt with by chairman.

Introduction of excesses in weekly rations.

Corporal punishment.

PRISONS [CH.208 – 53

Provided, however, that in respect of the offence in paragraph (d) hereof no such corporal punishment may be awarded until the prisoner has been medically examined to ensure that such chronic laziness is not due to any physical cause.

(2) Where a prisoner is reported for one of the following offences —

(a) mutiny or incitement to mutiny; (b) gross personal violence to any officer or servant

of the prison; (c) continued insubordination,

the Superintendent shall forthwith report the offence to the chairman or acting chairman of the committee who along with two or more members of the committee shall inquire into the charges (under oath if they think it desirable) and shall determine thereupon, and for this purpose may make one or more of the awards set out in rule 241, or in the case of a male prisoner under sentence of hard labour, order corporal punishment with the tamarind rod or recommend corporal punishment with the cat-o’-nine-tails.

(3) Whenever a recommendation for corporal punishment with the cat-o’-nine-tails is made the committee shall forthwith furnish to the Governor-General a report on the evidence taken, the sentence and the grounds on which it was passed. Such recommendation shall not be carried into effect until it has received the approval of the Governor- General.

(4) Corporal punishment, in the case of a prisoner over 18 years of age, shall be inflicted either with a cat-o’- nine-tails or with a tamarind or similar rod, and in the case of a prisoner under 18 years of age with a tamarind or similar rod.

(5) The number of lashes or strokes inflicted on a prisoner of 18 years of age or over shall not exceed 24, or, on a prisoner under 18 years of age, 12.

(6) The committee, instead of inquiring into a report and awarding punishment, may, in appropriate cases, direct that steps be taken to have the prisoner prosecuted before a court.

244. (1) Cellular confinement on restricted diet and corporal punishment shall in no case be awarded unless the medical officer has certified that the prisoner is in a fit condition of health to sustain it.

Prisoners undergoing cellular confinement.

CH.208 – 54] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) Every prisoner undergoing cellular confinement or subject to restricted diet shall be visited at least once a day by the Superintendent or his Deputy, or by an Assistant Superintendent and by the chaplain and medical officer whenever these officers visit the prison. He shall also be visited by an officer on duty at intervals of not more than three hours during the day.

(3) Every punishment awarded shall be entered in the Punishment Book kept for that purpose, and in the prisoner’s record and shall be initialled by the Super- intendent or officer who awarded it.

245. (1) All corporal punishment within the prison shall be attended by the Superintendent or his Deputy, or by an Assistant Superintendent, and by the medical officer.

(2) The medical officer shall immediately before the punishment is inflicted examine the prisoner and satisfy himself that he is in a fit condition of health to undergo the punishment, and shall make such arrangements or recommendations for preventing injury to the prisoner’s health as he may deem necessary. The Superintendent shall ensure that such recommendations are precisely observed.

(3) At any time after the infliction of punishment has commenced the medical officer may, it he deems it necessary in order to prevent injury to the prisoner’s health, recommend that such punishment be halted, and the Superintendent, or his Deputy or an Assistant Super- intendent shall thereupon halt such punishment and the remainder shall be deferred until such time as the prisoner is pronounced fit to receive it.

(4) The Superintendent shall ensure that the hour at which the punishment was inflicted, the number of lashes or strokes inflicted, and any orders that may have been given as to deferment are duly entered in the Corporal Punishment Book kept far that purpose.

246. No prisoner shall be put under mechanical restraints as a punishment.

247. The Superintendent shall not put any description of iron on a prisoner except to prevent rioting or concerted escapes by prisoners at work either inside or outside prison walls, or from vehicles conveying them to and from work or in other cases of necessity, and he shall record particulars of every case.

Prisoners receiving corporal punishment.

Mechanical restraints.

Iron on a prisoner.

PRISONS [CH.208 – 55

248. (1) When it appears to the Superintendent or the Deputy Superintendent or an Assistant Superintendent that in order to prevent a prisoner from injuring himself or others or damaging property, or creating a disturbance, it is necessary that he should be placed under mechanical restraint, he may order him to be placed under mechanical restraint.

(2) Particulars of every case of mechanical restraint shall be forthwith recorded by the Superintendent.

(3) No mechanical means of restraint shall be used except of such patterns and in such manner and under such conditions as may be approved by the Governor-General.

249. The Superintendent or the Deputy Super- intendent or an Assistant Superintendent may order any refractory or violent prisoner to be temporarily confined in a cell.

250. (1) Arrangements shall be made that every request by a prisoner to see the Superintendent or Deputy Superintendent or an Assistant Superintendent or the committee shall be recorded by the prison officer to whom it is made and conveyed without delay to the superior officer in charge.

(2) The Superintendent shall, at a convenient hour on every day other than Sundays and public holidays, hear the applications of all prisoners who have made a request to see him, and shall inform the committee at its next meeting at the prison of every such request made by a prisoner to see the committee.

251. No prisoner shall receive or send any parcel or receive any food, bedding, or other articles, without previous inspection by the Superintendent or by an officer appointed by him.

252. (1) Petitions from prisoners shall be submitted to the Superintendent who shall forward them through the usual channels with his comments to the Governor- General.

(2) A prisoner who has petitioned and has not yet received a reply will not, except in special circumstances, be allowed to petition again during the same sentence until a reply is received.

Necessity for mechanical restraint.

Temporary cellular confinement.

Complaints and requests.

Parcels.

Petitions.

CH.208 – 56] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) Replies to petitions shall in all cases be commu- nicated to prisoners individually, and not in the presence of other prisoners. Whenever a prisoner desires it he may himself see the reply and he may be given an explanation of its effect and meaning.

253. The case of every prisoner serving a term of imprisonment of three years or more shall be reviewed by the Governor-General every year subsequent to the prisoner having served three years of his sentence, or at shorter periods if deemed advisable.

254. With a view to encouraging good conduct and industry and to facilitating the reformative treatment of prisoners, arrangements shall be made by which a convicted prisoner serving imprisonment, whether under one sentence or consecutive sentences, for a period exceeding one month, may by good conduct and industry become eligible for discharge when a portion of his sentence not exceeding one-third of the whole term of imprisonment has yet to run:

Provided that nothing in the said arrangements shall authorise the reduction of any period of imprisonment to be served to less than thirty-one days.

255. On the recommendation of the Superintendent the Governor-General may grant such further remission as he shall determine, on special grounds such as exceptional merit or permanent ill-health.

256. For the purpose of giving effect to the provisions of rule 254, each prisoner on admission shall be credited with the full amount of remission he could earn (one- third), and shall forfeit such portion of such remission as a punishment for idleness, lack of industry, bad conduct or any offence against prison discipline as the Superintendent or the committee shall determine.

PART XII SPECIAL RULES FOR PARTICULAR

CLASSES OF PRISONERS (A) Untried Prisoners

257. (1) The fifteen following rules apply to persons, therein called “untried prisoners”, who have been com- mitted to prison in any of the following circumstances —

Review of long sentences.

Remission of sentence.

Further remission.

Calculation of remission.

Reasons for imprisonment.

PRISONS [CH.208 – 57

(a) on commitment for trial for an indictable offence;

(b) pending or during the course of a hearing by a magistrate of a charge for an indictable offence;

(d) pending or during the course of a trial before the Supreme Court or an adjournment;

(e) on being ordered to be detained to await deportation, extradition, or to await return to any place as a fugitive offender.

(2) Where any of the circumstances stated in the foregoing paragraph becomes applicable to a person who is already a convicted prisoner rules 268 and 269 shall apply to him as if he were an untried prisoner.

258. Untried prisoners shall so far as possible be kept apart from convicted prisoners.

259. Restriction on the association of untried prison- ers shall be limited to what is necessary to prevent contamination or conspiracy to defeat the ends of justice.

260. An untried prisoner may, on the direction of the Superintendent and subject to such conditions as the Superintendent may from time to time impose, and subject to strict examination be supplied at his own expense or at the expense of friends with food, non-alcoholic drink and tobacco. This privilege may at any time be withdrawn by the Superintendent on proof of any abuse thereof.

261. (1) An untried prisoner may wear his own clothing and have necessary changes supplied from time to time, provided that —

(a) the clothing is sufficient and suitable; (b) it is not required for the purposes of justice; (c) it shall be disinfected if the medical officer so

requires. (2) An untried prisoner who does not wear his own

clothing shall be required to wear a prison dress of blue. (3) An untried prisoner may be deprived of the

privilege of wearing his own clothing as a punishment imposed in respect of an offence against prison discipline under rules 239 and 240.

Segregation.

Restriction on associations.

Supplies of food, etc.

Wear own clothing.

CH.208 – 58] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(4) An untried prisoner shall be allowed prison diet as prescribed by the dietary scale, except when he has food sent in to him.

262. An untried prisoner shall not be compelled to have his hair cut or, if he usually wears a beard, moustache, etc., to shave or be shaved, unless the medical officer deems it necessary on the grounds of health and cleanliness, and his hair shall not be cut closer than may be necessary for such purposes.

263. An untried prisoner shall be allowed such exercise as may be laid down for him from time to time by the Superintendent.

264. (1) The Superintendent may, on the application of an untried prisoner, allow him, so far as is consistent with discipline and good order of the prison, to receive at his expense toilet requisites, books, magazines, writing materials or other articles.

(2) An untried prisoner may, with the permission of the Superintendent, receive any books, papers or documents required for preparing his defence. (See also rule 269.)

265. (1) An untried prisoner shall not be required to work in the service or industries of the prison, but may do so with his own consent and if the Superintendent approves.

(2) An untried prisoner may be required to clean his cell.

266. An untried prisoner may be visited by his relations and friends, being not more than three in number, on Mondays, Wednesdays and Fridays, from 2.30 p.m. to 4.30 p.m:

Provided that no admission will be given to any such person or persons who have previously served a term of imprisonment. The Superintendent may, in any special case, or for special reasons, prolong the period of the visit or increase the number of visits or allow him to be visited by more than three persons at the same time. Such interviews to be in the presence and hearing of a prison officer, except in the case of legal advisers when the interview shall be at a reasonable hour and in private if required.

Cutting of hair.

Exercise.

Books, etc.

Work.

Visitors. S.I. 2/1977.

PRISONS [CH.208 – 59

267. Where an untried prisoner is detained in prison in default of bail, he shall be allowed to have an interview at any reasonable hour, or to communicate with friends by letter for the purpose of providing bail.

268. An untried prisoner may, for the purpose of his defence at his forthcoming trial, receive a visit from a registered medical practitioner selected by him, or by his friends or legal adviser, under the same conditions as apply to a visit by his legal adviser.

269. (1) An untried prisoner shall be allowed all reasonable facilities, including the provision of writing materials, for communicating by letter with his relatives or friends, or for conducting correspondence or preparing notes in connection with his defence.

(2) Any confidential written communication prepared as instructions for the legal adviser by an untried prisoner, or any similar document or communication prepared by the legal adviser for an untried prisoner, may be delivered personally to him or his authorised clerk, or to the prisoner as the case may be, without being examined by the Superintendent unless he has reason to suppose that it contains matter not relating to such instructions. All other communications shall be subject to inspection by the Superintendent and may be refused if objectionable.

270. Such of the special privileges as are allowed by these Rules to untried prisoners may be forfeited for any abuse thereof, except in the case of visits and letters required for the purposes of securing bail or preparing a defence.

271. The sale or transfer or attempted sale or transfer to any person by an untried prisoner of an article allowed to be introduced into the prison for his use shall be an offence under rule 242 and upon proof of the offence rule 200 shall apply as it applies to an unauthorised article.

272. Untried prisoners shall be subject to the rules set out in Part Eleven hereof, except in so far as the same are inconsistent with the special rules applying to them.

Default of bail.

Visit from a doctor.

Communi- cations.

Forfeit of privileges.

Offences.

Subject to rules in Part Eleven.

CH.208 – 60] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(B) Prisoners Not Sentenced to Hard Labour 273. Prisoners not sentenced to hard labour shall not

be required to work, but may, on application in writing, be employed within a prison. In such cases they shall be subject to the rules set out in Part Eleven hereof.

274. Should prisoners not sentenced to hard labour desire not to work they shall be confined to their cells, except for such periods of daily exercise as may be laid down by the Superintendent.

275. Prisoners not sentenced to hard labour shall be subject to the rules set out in Part Eleven hereof, except in so far as the same are inconsistent with the special rules applying to them.

(C) Prisoners Under Sentence of Death 276. A prisoner under sentence of death shall

immediately on his reception in prison be specially searched and every article shall be taken from him which the Superintendent deems dangerous or inexpedient to leave in his possession.

277. (1) A prisoner under sentence of death shall be confined in a separate cell and shall be kept apart from all other prisoners.

(2) He shall be kept by day and by night in the constant charge of two prison officers specially detailed for that purpose and in the case of a female prisoner, two female prison officers.

(3) He shall not be called upon to do any work. 278. (1) A prisoner under sentence of death may be

visited by such of his relations, friends and legal advisers as he desires to see and as are authorised to visit him by an order in writing from the Superintendent:

Provided that no admission will be given to any person or persons who have previously served a term of imprisonment.

(2) The chaplain or other minister of the religious denomination to which the prisoner belongs shall have access to every such prisoner if the prisoner so desires.

Employment.

Prisoners who do not work.

Subject to rules in Part Eleven.

Searched on reception.

Kept in a separate cell.

Visits.

PRISONS [CH.208 – 61

(3) No other person, except the chairman and members of the committee, the Superintendent, the medical officer and any other prison officer, shall have access to any such prisoner except by special permission of the Superintendent.

(4) Without prejudice to the generality of rule 131, prison subordinate officers shall assist in carrying out the execution of judgment of death as the Superintendent directs.

(5) All visits to prisoners under sentence of death shall take place in the sight and hearing of a prison officer, notwithstanding that such visit is by the prisoner’s legal adviser or is in relation to an appeal.

(6) Such a prisoner shall be allowed special facilities to correspond with his legal advisers, his relatives and friends, and shall be allowed exercise as the Superintendent may direct.

(D) Civil Prisoners 279. The four following rules shall apply to civil

prisoners, that is to say, persons ordered to be imprisoned under any civil or admiralty process issuing out of any court.

280. (1) Civil prisoners may associate among themselves at such times and in such manner as the Super- intendent may determine.

(2) Civil prisoners shall not be allowed to associate with other than civil prisoners except as provided by paragraph (3) of this rule.

(3) Where owing to the small number of civil prisoners or otherwise suitable arrangements for the association of civil prisoners among themselves cannot be made, then any such prisoner may, if the Superintendent approves, be allowed to associate with the untried prisoners or with such other classes of prisoners as the Super- intendent may from time to time determine.

281. (1) A civil prisoner may, if he so desires, wear his own clothing, and may have necessary changes of his own underclothing supplied from time to time, in any case where the clothing is sufficient and suitable, and is, if the medical officer so requires, adequately disinfected.

Application.

Associations.

Prisoner may wear own clothing.

CH.208 – 62] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) A civil prisoner who does not wear his own clothes may be required to wear prison clothing.

(3) The privilege of wearing his own clothing may be forfeited by a civil prisoner as a punishment imposed in respect of an offence against prison discipline, being an offence relating to escaping from lawful custody.

282. The general rules relating to remission shall not apply to civil prisoners.

283. A civil prisoner may be visited during such hours and under such restrictions as the Superintendent may determine, and may write one letter and receive one letter in each week:

Provided that the Superintendent may, in a special case for special reasons, allow additional letters to such reasonable extent as the Superintendent thinks advisable in the circumstances.

284. Civil prisoners shall be subject to the rules set out in Part Eleven hereof, except insofar as the same are inconsistent with the special rules applying to them.

(E) Female Prisoners 285. The foregoing rules shall extend as far as they

can be applied to female prisoners, who are to be attended by female officers.

286. Any child brought into the prison by the mother or guardian shall be transferred to the Princess Margaret Hospital or other suitable institution to be cared for during the imprisonment of the mother or guardian:

Provided that the Superintendent may, if he thinks fit, permit such child to remain within the prison with the mother or guardian until she is discharged.

PART XIII OUT ISLAND PRISONS

287. Unless otherwise directed by the Governor- General the management and supervision of Out Island prisons and lock-ups shall be undertaken by the commis- sioners of the various districts in which the prisons and

Remission.

Letters.

Subject to rules in Part Eleven.

Application to females.

Care of children.

S.I. 46/1967.

Administration in Out Islands.

PRISONS [CH.208 – 63

lock-ups are situated, and all rules framed for the government of the prisons in New Providence shall, as far as applicable, extend to the various prisons or lock-ups in the Out Islands.

288. Subject to the foregoing, the commissioner shall exercise immediate management and control of any prison or lock-up which may be situated within his district.

289. The commissioner shall whenever necessary apply to the Superintendent of Prisons in New Providence for prison requisites which shall be given out by him to the gaoler of such Out Island prison or lock-up when required.

290. The commissioner shall be responsible for the proper observance of all rules.

291. The gaoler of an Out Island prison or lock-up shall keep a record of all prisoners received into his custody and containing particulars, viz: name, date of admission, age, height, weight, offence committed, sentence (if such prisoner is detained under sentence), date of discharge, name of magistrate or justice by whom committed.

292. The gaoler of an Out Island prison or lock-up shall also make a return monthly to the Superintendent setting forth the particulars required by the preceding rule, which return shall be certified by the commissioner and forwarded by him.

293. The commissioner shall at least once a week inspect the prison or lock-up situated in his district and prison requisites in use.

294. The commissioner at the end of each month shall prepare a voucher for all expenditure properly chargeable to the prison vote and such voucher shall be sent direct to the Treasury and an advice sent to the Superintendent.

295. Any misconduct on the part of any prisoner shall be at once reported by the gaoler of an Out Island prison or lock-up to the commissioner.

296. The commissioner shall have the same powers of punishment as are vested in the Superintendent in these Rules, but no corporal punishment shall be administered without the prior approval of the Superintendent.

Management and control.

Supply of prison requisites.

Observance of Rules.

Records.

Monthly return.

Weekly inspection.

Voucher for expenditure.

Misconduct of prisoners.

Powers of commissioners.

CH.208 – 64] PRISONS

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

297. Any prisoner sentenced to imprisonment with or without hard labour for any term exceeding twenty-eight days shall be transferred as soon as possible from the Out Island prison or lock-up to the main prison at Fox Hill, New Providence, and on his discharge therefrom may be furnished with a free passage by boat to the Out Island whence he came.

298. In conformity with the responsibility of the Superintendent of Prisons for the general management of the prisons in The Bahamas (see rule 17), he shall visit the various prisons and lock-ups in the Out Islands at least once during each year and shall report thereon to the Minister any irregularity.

Transfer.

Annual inspection.

PRISONS [CH.208 – 65

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ris on

er s a

w ai

tin g

tri al

a nd

c on

vi ct

2. R

ed uc

ed o

r pu

ni sh

m en

t d ie

Pe a

so up

in gr

ed ie

nt s —

4 o

zs . p

ea s o

r b ea

ns , 2

o zs

. c an

ne d

to m

at oe

s, 2

oz s.

sa lt

m ea

t, ½

o z.

o ni

on s.

½ o

z, la

rd p

er p

ris on

er to

b e

is su

ed o

n pe

as a

nd ri

ce d

ay s.

G re

en v

e g et

ab le

s w he

n ob

ta in

ab le

fr om

p ris

on g

ar de

n w

ill b

e is

su ed

to su

pp le

m en

t a bo

ve d

ie t.

W he

n no

t o bt

ai na

bl e

4 oz

s. ca

nn ed

v eg

et ab

le s w

ill b

e is

su ed

ily to

e ac

h pr

is on

er in

li eu

C on

ch , b

an an

as , p

la nt

ai ns

, s qu

as h,

sp in

ac h,

p ap

aw , e

tc .,

m ay

b e

su bs

tit ut

ed p

ro po

rti on

at el

y fr

om lo

ca l s

ou rc

es w

he n

ob ta

in ab

le .

Th e

ab ov

e w

ei gh

ts , e

xc ep

t b re

ad , m

ea n

un co

ok ed

Pr is

on er

s e m

pl oy

ed o

n ha

rd m

an ua

l l ab

ou r o

ut si

de th

e pr

is on

m ay

h av

e th

ei r l

un ch

su pp

le m

en te

d by

th e

ad di

tio n

of 2

o zs

. b re

ad a

nd 3

o zs

. c or

ne d

be ef

Tu es

da ys

, T hu

rs da

ys a

nd S

un da

ys -2

o zs

b ol

og na

p er

p ris

on er

a t b

re ak

fa st

½ p

in t c

of fe

e m

ix ed

w ith

su ga

r p er

p ris

on er

p er

d ay

a t b

re ak

fa st

6 oz

s. ca

ke a

nd ½

p in

t c of

fe e

pe r p

ris on

er S

un da

y ev

en in

gs .

20 c

ig ar

et te

s p er

p ris

on er

a w

ee k.