Prison Rules


Published: 1963-11-30

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Prison Rules
PRISONS [CH.208 – 13



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[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





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

“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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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

(c) that the discipline of the prisons is satisfactory;
(d) that the methods of reformation and rehabilita-

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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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



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

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





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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



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

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



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

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



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

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



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

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;

(c) is using violence to any prison officer or other
person:

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



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

(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



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

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



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

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



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

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



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

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



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

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;

(c) speaks to or communicates with any visitor
unless with the permission of a prison officer;

(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



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

(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



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

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



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

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



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

(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;

(c) pending or during the course of a hearing by a
court of summary jurisdiction of an information
or complaint;

(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



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

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



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

(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



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

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



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



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