Prison Rules
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PRISON RULES
Prison Rules CAP. 36A Arrangement of Rules
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PRISON RULES
Arrangement of Rules
Rule
DUTIES OF THE MINISTER OF POLICE..........................................................5
DUTIES OF THE GAOLERS OF EACH DISTRICT ...........................................6
THE MEDICAL OFFICER...................................................................................9
DUTIES OF THE FEMALE WARDER..............................................................10
PRISON SUBORDINATE OFFICERS..............................................................11
GATE-KEEPER................................................................................................12
OFFENCES BY SUBORDINATE OFFICERS ..................................................12
GENERAL RULES FOR OFFICERS................................................................14
MAINTENANCE OF GOOD ORDER ...............................................................16
ADMISSION AND DISCHARGE OF PRISONERS ..........................................17
CLASSIFICATION............................................................................................19
PRISONERS OF THE FIRST CLASS..............................................................19
PRISONERS OF THE SECOND CLASS.........................................................19
Arrangement of Rules CAP. 36A Prison Rules
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PRISONERS OF THE THIRD CLASS .............................................................19
FOOD, CLOTHING AND BEDDING.................................................................20
PERSONAL CLEANLINESS ............................................................................21
HEALTH OF PRISONERS ...............................................................................21
RELIGIOUS INSTRUCTION AND BOOKS......................................................21
VISITS TO, AND COMMUNICATION WITH, PRISONERS .............................22
PRISON OFFENCES .......................................................................................23
PRISONERS UNDER SENTENCE OF DEATH...............................................25
MEANS OF RESTRAINTT FOR PRISONERS ................................................26
PRISONERS' LABOUR....................................................................................26
MARK SYSTEM ...............................................................................................27
SCHEDULE 1 30
SCHEDULE 2 31
ORDER OF LICENCE TO A PRISONER.........................................................31
Prison Rules CAP. 36A Rule 1
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PRISON RULES
Made by the Minister of Police on 27th January, 1947
G. 45/47, G.S. 29/64, Act 46/1988.
DUTIES OF THE MINISTER OF POLICE
1. The Minister of Police is invested, subject to the orders of the Cabinet,
with the general control and superintendence of all prisons within the
Kingdom. He shall visit and inspect the prisons in Tongatapu once at least
in each month and every other prison in the Kingdom whenever occasion
permits.
2. He shall, on each visit, inspect and countersign all the books prescribed by
these rules to be kept at each prison, and shall read the minutes, remarks,
and all other records of the officers, as well as the journals and records of
the medical officers, relating to occurrences since his last visit.
3. He shall, where possible, see every prisoner detained in the prison at the
time of his visit, especially visiting those in solitary confinement or
punishment cells and he shall inquire into all complaints and applications
prisoners make to him, and make such order thereon as he shall think
proper, provided that such order shall not be contrary to anything
contained in the Prisons Act or in these Rules.
4. He shall submit to the Prime Minister annually, before the thirty-first day
of March in each year, a report upon the prisons of the Kingdom for the
preceding year, giving statistics of prisoners in such form as may be
approved by the Cabinet, together with his remarks on every point of
prison management.
Rule 5 CAP. 36A Prison Rules
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5. He shall, from time to time, submit to the Prime Minister special reports
of such of the prisons as are not in a creditable state, with the explanation
of the Gaoler concerned.
6. The Minister of Police shall have power, from time to time as he may
deem proper, to remove from one prison to another subordinate officers
appointed by Cabinet, and shall recommend, when he deems it necessary,
the discharge of any other officer appointed by Cabinet.
7. The Minister of Police shall have power to offer rewards for the recapture
of escaped prisoners, reporting in each instance to the Prime Minister.
Such reward shall not exceed $10 in any one instance without the
approval of the Cabinet.
DUTIES OF THE GAOLERS OF EACH DISTRICT
8. The Gaoler of each District shall inspect daily the wards, cells, yards and
divisions of the prison, also the kitchen, workshops and every cell or other
place in which any prisoner is undergoing punishment, special discipline,
or awaiting adjudication, and shall see every prisoner at least once in
every 24 hours. He shall make surprise visits at night not less than twice a
week.
9. He shall exercise a strict supervision over the officers and discipline of the
prison, and shall report to the Minister of Police any irregularities on the
part of any officer that may come under his notice. He shall also afford
any information that the Visiting Officers may require.
10. He shall see that all returns are duly forwarded to the Minister of Police,
and shall satisfy himself as to their accuracy.
11. He shall at all times be ready to receive and investigate any complaint and
attend to any application from an officer or prisoner.
12. He shall visit sick prisoners frequently and see that proper arrangements
are made for the safe custody of sick prisoners, and that discipline is
maintained so far as is consistent with the medical treatment prescribed
for them.
13. He shall read or cause to be read every letter addressed to or written by a
prisoner except as provided by rule 147, marking all such letters with his
initials. He shall use his discretion in communicating to or withholding
from any prisoner at any time the contents of any letter addressed to such
prisoner, but every case in which he may think it proper to withhold a
letter shall be reported to the Minister of Police.
14. He shall enter in the journal any instance in which he may think fit to
refuse admission to the friends of a prisoner and the cause thereof, if the
prisoner is entitled under the rules to receive such a visit.
Prison Rules CAP. 36A Rule 15
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15. He shall frequently inspect the provisions furnished for the prisoners and
satisfy himself by personal observation regarding the quality of food
supplied for their use, and shall inquire into any complaints that may be
made to him regarding the quantity and quality of rations.
16. He shall, without delay, call the attention of the medical officer to any
prisoner whose state of mind or body appears to require attention and shall
carry out any direction given by the medical officer.
17. Upon the death of a prisoner he shall give immediate notice to the
Minister of Police and the Visiting Medical Officer.
18. He shall read or cause to be read to each prisoner on admission those
sections of the Prisons Act and Rules relating to the conduct of prisoners
in general, to the discipline of the prison and the punishments to which
they are subject for any infringement of them.
19. He shall be personally responsible for the safe custody of all money and
articles taken from prisoners and of all warrants, books and documents
relating to the prison or prisoners.
20. He shall control and regulate the receipt and disposal of all articles used in
the prison. He shall keep or cause to be kept the following books —
(a) a Journal in which he shall record all such matters as he is directed
to record therein, by these rules, and all other occurrences of
importance within the prison;
(b) a Register of the names, description, offences, sentences, religious
persuasion, etc., of all prisoners (see rule 105) together with an
Index Book for same;
(c) a Punishment Book for the entry of the punishment inflicted on
prisoners for prison offences;
(d) a Visitors Book for the entry of any observations made by Visiting
Officers;
(e) a Prisoners' Property Book, in which shall be recorded the articles
taken from prisoners on their reception;
(f) a Distribution Book, or record of the employment of prisoners
sentenced to hard labour, and the manner in which they have been
so employed;
(g) an inventory of all furniture and public property belonging to the
prison;
(h) an account of all prison receipts and disbursements;
(i) a book for the entry of acts of misconduct and punishment of
officers;
(j) a Ration Book to be entered day by day;
Rule 21 CAP. 36A Prison Rules
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(k) a Stores Book, or register of all articles of clothing and all other
articles supplied for the use of the prison or prisoners, recording
distribution and use of the same;
(l) a list of books and documents committed to his care;
(m) a Reception Register, and Complaining Sick Journal, for the use of
the Medical Officer;
(n) a Mark Sheet of each prisoner;
(o) An Order Book in which shall be entered all the records or
recommendations which may be issued for guidance of officers,
either by the Visiting Officers, the Minister of Police or the Gaoler
himself.
21. In addition to the foregoing list of books he shall make out and forward to
the Minister of Police the following returns —
(a) a return showing the distribution of prisoners and officers on the
last working day of each week;
(b) a list of prison offences committed by prisoners during the month
and of all punishment inflicted, and under what and by whose
authority.
22. He shall inspect the supplies of provisions furnished by the contractors
and shall immediately report to the Minister of Police any instance in
which he finds the stores deficient in quantity or not up to sample quality.
23. He shall afford just advice and assistance as may be necessary to enable
prisoners to forward petitions to any authority.
24. He shall see that the keys are safely disposed of for the night.
25. He shall superintend generally the distribution of the working parties
when proceeding to their labour and shall see that all prisoners are
thoroughly searched before entering the prison and before being locked up
for the night.
26. When proceeding in the course of his duties to any part of the works
outside the prison or when leaving the prison on any other occasion, he
shall leave the next senior officer on duty to attend to his duties within the
prison with instructions where he is to be found in case of his presence
being required.
27. He shall immediately report to the Minister of Police every circumstance
which may come to his knowledge likely to affect the safety, health, or
comfort of prisoners, the efficiency of the officers, and every matter
which may require the attention of the Minister of Police.
28. He shall make inquiry weekly as to the condition of prisoners who have
been removed to a hospital or asylum for treatment.
Prison Rules CAP. 36A Rule 29
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29. He shall, either himself or by his deputy, make frequent visits to the
working parties and see that the prisoners are kept steadily to their labour,
and that they are receiving marks according to their industry.
30. He shall see that all subordinate officers are properly instructed in their
duties and responsibilities.
31. He shall promote the utmost economy in every department of the prison.
32. When the Gaoler is unable to perform his duties through illness or other
cause, the charge of the prison shall devolve on the next senior officer in
the prison.
33. He shall, before the twenty-fifth day of each month, forward to the
Minister of Police a return of all prisoners for discharge during the
following month.
34. He shall have a careful regard for economy and propose any saving or
reduction in expenditure that may appear to be practicable.
35. He shall attend the reception and discharge of prisoners, and will take
charge of the warrants of commitment, and shall be responsible for duly
discharging prisoners.
36. He shall give a receipt for all prisoners and shall carefully file all warrants
of commitment.
37. He shall see that the prison is kept in a cleanly state and that the walls and
cells are swept and cleaned daily.
38. All prisoners shall be allowed to have ready access to him and he shall
hear with patience any complaints they may make to him.
39. He shall at all times maintain an absolute control over all the prisoners
and permit no disobedience.
THE MEDICAL OFFICER
40. He shall visit all prisoners in solitary confinement or undergoing
punishment.
41. He shall separately examine any prisoner as soon after his admission as
possible, and no prisoner shall be allowed to associate with other prisoners
who have been so examined until he has been examined by the medical
officer.
42. He shall enter in a journal, to be kept at the prison in the custody of the
Gaoler, an account of the state of each prisoner on admission and whether
the prisoner is capable of hard labour, and, with any prisoner who is sick,
the name of his disease, a description of the medicines and diet, and any
other treatment which he may order for such prisoner.
Rule 43 CAP. 36A Prison Rules
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43. He shall, once at least in every month, inspect every part of the prison and
enter in the journal aforesaid the result of such inspection, recording
therein any observations he may think fit on any want of cleanliness,
drainage, warmth, ventilation, on the quantity of provisions, sufficiency of
clothing or bedding, quantity or quality of water, or any other matter
which may concern the health of the prisoners.
44. On the death of any prisoner he shall enter in the journal aforesaid the
particulars, viz., at what time the deceased was taken ill, when the illness
was first communicated to the medical attendant, the nature of the disease,
the date when he last saw the deceased, time of death, appearances after
death (in cases where a post-mortem examination has been made), and
any special remarks which appear to him requisite or advisable.
45. He shall, on receiving notice from the Minister of Police or Gaoler, attend
the execution of every capital sentence and every infliction of corporal
punishment within the prison.
46. He shall examine, when required, all candidates for employment as
gaolers who may be sent to him for that purpose and shall report whether
they possess the necessary qualifications as to health and strength to
perform their work.
47. On the appearance of any infectious disease in the prison he shall
immediately advise the Minister of Police and the Director of Health, and
shall take steps to preserve prisoners against it and shall superintend the
measures necessary for this purpose.
DUTIES OF THE FEMALE WARDER
48. The female warder shall reside in the prison and have the care and
superintendence of all female prisoners.
49. Unless prevented by unavoidable necessity she shall see every female
prisoner at least once in every 24 hours.
50. She shall not be absent from the prison at night without permission of the
Gaoler in charge.
51. She shall pay special attention to female prisoners who are ill or in
solitary confinement and shall report to the Gaoler in charge any case in
which she considers it advisable to summon the medical officer.
52. She shall at once report to the Gaoler in charge any breach of Prison Rules
committed by female prisoners or any complaints made by them to her.
53. She shall enforce silence as far as possible and prevent all improper
communication in those cases in which prisoners under special
circumstances are allowed to communicate with each other.
Prison Rules CAP. 36A Rule 54
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54. Especial care shall be taken that no male gaoler or visitor enters the
female prison unless attended by a female warder.
PRISON SUBORDINATE OFFICERS
55. They shall wear such uniform as shall be approved by the Cabinet.
56. The duties of subordinate officers shall be —
(a) to prevent, by all possible means, the escape of prisoners;
(b) to prevent them from contravening any of the Prison Rules;
(c) to conduct them to and from their tasks when working inside or
outside the prison;
(d) to keep them at their appointed tasks in or out of the prison;
(e) to supervise the prisoners at all times, in their cells and wards,
especially so as to ensure safety, quiet, cleanliness and decency.
57. No subordinate officer shall leave the prison compound without the
permission of the Gaoler in charge.
58. Every officer shall report to the Gaoler, as the case may be, every breach
of prison discipline or rules by any officer or prisoner which may come to
his knowledge.
59. They shall not use violence on any prisoner except in self-defence or in
defence of some other officer or prisoner, or visitor, or when unavoidably
necessary to prevent escape or to preserve the peace.
60. They shall treat prisoners with kindness and humanity and shall listen
patiently to and report their grievances, but they shall be firm in
maintaining order and discipline and in enforcing complete observance of
the Prison Rules.
61. No warder or other subordinate officer shall punish or inflict any privation
upon any prisoner.
62. Officers in charge of prisoners in association shall enforce silence as far as
possible and shall prevent all improper communication in those cases in
which prisoners under special circumstances are allowed to communicate
with each other.
63. No officer shall unnecessarily converse with a prisoner nor allow any
familiarity towards himself or any other officer nor shall he on any
account speak of his duties, matters of discipline, prison arrangements, or
of his own private affairs in the hearing of a prisoner.
64. On proceeding with prisoners to their labour the officer in charge of each
party shall count the number of prisoners therein as they are told off and
repeat the number aloud to the Gaoler, or other appointed officer in charge
of the distribution, after which the officer in charge of the party shall be
Rule 65 CAP. 36A Prison Rules
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responsible for the safe custody and regular conduct of such prisoners in
the work and especially that they do not straggle, go out of his sight, or
hold any communication with workmen or other persons unconnected
with the prison or in any way get possession of unauthorised articles.
65. Prison officers shall search thoroughly prisoners on their return to prison
and when locating them for the night shall ascertain that they have no
improper articles in their possession.
66. No officer entrusted with keys shall take them out of the prison or leave
them lying about, but shall, when leaving the prison on any occasion,
deliver his keys to such officer as may be authorised to receive them.
67. No subordinate officer shall introduce or use tobacco or alcoholic liquors
within the prison.
GATE-KEEPER
68. The officer acting as gate-keeper may examine all articles carried in or out
of the prison and may stop any person suspected of bringing tobacco or
alcoholic liquors or other unauthorised articles into the prison, or of
carrying out any property belonging to the prison, giving immediate
notice thereof to the Gaoler, who may cause such person to be searched.
69. He shall be watchful to prevent the escape of prisoners, and he shall
observe carefully the appearance of workmen, labourers, or strangers
passing out through the gate, and, in order to detect any attempt on the
part of a prisoner to escape in disguise, he shall stop and search any
person whom he may have cause to suspect of making such attempt.
70. The officer acting as gate-keeper shall not leave his post at the gate on any
occasion without the order of the Gaoler in charge.
OFFENCES BY SUBORDINATE OFFICERS
71. If a subordinate officer is guilty of any of the following offences,
namely —
(1) coming late on duty,
(2) leaving a cell or principal door or gate unlocked,
(3) entering a prisoner's cell at night contrary to orders,
(4) allowing any unauthorised person to communicate with a prisoner,
(5) leaving keys in a door or lying about,
(6) cursing, swearing, or using indecent or immoral language,
(7) neglecting to guard, supervise, or attend prisoners under his charge,
(8) speaking of the prison arrangements in the hearing of a prisoner or of any
person not connected with the prison,
Prison Rules CAP. 36A Rule 71
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(9) carelessly searching, or neglecting, when necessary or directed, to search,
a prisoner or a visitor,
(10) neglecting to have the lamps properly trimmed and burning at the proper
times and places,
(11) neglecting to examine the cells and fastenings of the cells under his
charge, and to examine and search the wards, cells, bedding and clothing,
(12) allowing tools, materials, or other articles to be lying about out of their
appointed places,
(13) allowing dirt to accumulate in the wards, cells, passages or other places
under his charge,
(14) omitting to report any misconduct, breach of rules, or omission of duty in
himself, another subordinate officer, or a prisoner, or any injury done to
the prison furniture, or to the walls, windows, partitions, or any part of the
prison.
(15) inattention when in charge of prisoners,
(16) allowing unauthorised persons to remain in the vicinity of prisoners,
(17) appearing on duty out of uniform, or improperly or slovenly dressed or
dirty,
(18) leaving his post without authority, and before being properly relieved,
(19) wrangling, talking of his private affairs in the hearing of prisoners, or
making unnecessary noise, either within the prison or when on duty
outside,
(20) in any way obstructing the duties of the prison,
(21) omitting, when sick and unable to attend the prison, to send notice to the
Gaoler,
(22) neglecting to count the prisoners at the time prescribed by these rules, or
by the Gaoler,
(23) allowing prisoners to stray from their work, neglecting to keep them in
view, or enforce silence among them,
(24) smoking or reading whilst on duty.
(25) drunkenness, disobedience of, or negligence in carrying out, the Prison
Rules, or any orders or directions given by proper authority,
(26) when on duty as gate-keeper —
(a) neglecting to keep the gates locked except when absolutely
necessary to admit authorised persons and things,
(b) allowing a prisoner to leave the prison without being attended by
Rule 72 CAP. 36A Prison Rules
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a prison warder,
(c) allowing unauthorised persons or improper things to go in or out of
the prison,
(27) omitting to peg the tell-tale clock or clocks,
(28) disobedience of orders or negligence with respect to any Prison Rule not
herein expressly mentioned or to any lawful order given by his superior
officer or by any person in authority connected with the prison, he shall be
liable to any of the following punishments imposed by the Minister of
Police- —
(a) forfeiture of any sum not exceeding half a month's salary;
(b) confinement to the precincts of the prison for any term not
exceeding 14 days;
(c) reduction in rank;
(d) suspension from duty. (Added, G.S. 29/64.)
GENERAL RULES FOR OFFICERS
72. No officer shall at any time receive any money, fee, or gratuity of any
kind from any person or from or on behalf of any prisoner on any pretext
whatever.
73. Officers shall not be absent from the prison at any time without leave
from the Gaoler.
74. Officers shall not receive visitors in the prison without the permission of
the Gaoler.
75. Officers shall hold no communication with prisoners except such as is
necessary in the execution of their duties. They shall not by word, gesture,
or demeanour do anything which may tend to irritate a prisoner.
76. They shall call no prisoner by nickname nor shall they allow any
familiarity on the part of a prisoner.
77. No officer shall strike a prisoner except in self-defence or in defence of
some officer or prisoner, or visitor.
78. All officers shall observe and obey all such instructions as may be issued
from time to time for the better management and discipline of the prison
in which they be serving; and every subordinate officer shall perform such
lawful duty as may be required of him.
79. No officer on any pretence whatever through favour, or other reason, shall
fail to make an immediate report to the Gaoler of any misconduct or
wilful disobedience of these rules.
80. All officers shall devote their whole time to their respective duties. None
of them shall be engaged or concerned, directly or indirectly, in any trade
Prison Rules CAP. 36A Rule 81
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or other business or employment, outside of the public service, nor shall
any of them, directly or indirectly, be a party to, or derive profit from,
selling or letting any article whatever to the prison or to any prisoner.
81. The Gaoler and all subordinate officers shall always, when on duty, wear
such uniform as may be prescribed.
82. Officers shall be allowed uniforms, or an allowance in lieu thereof, as may
be laid down by Cabinet.
83. All articles supplied under the preceding rule shall remain the property of
the Government.
84. Strict attention shall be paid by all officers to personal cleanliness in
themselves and in the quarters allotted to them.
85. Every officer shall be responsible for the safe custody of the prisoners in
his charge, for the preservation of decency, order, cleanliness, and peace
among them, and for their performing diligently their allotted tasks.
Officers should invariably exhibit a consistent example of regard to truth
and integrity even in the smallest matters.
86. The Gaoler shall at all times receive complaints and applications from any
officer and shall give all reasonable facilities for making complaint or
application to the Minister of Police and Prison Visiting Officers or higher
authority when visiting the prison. Complaints made to other officers shall
be reported by them to the Gaoler without delay.
87. All officers must be of good moral principles and unblemished character;
intoxication or disreputable conduct of any kind will render an officer
liable to immediate dismissal.
88. Any officer who shall bring in or carry out of the prison, or attempt to
bring in or carry out, to or from any prisoner any money, clothing,
provisions, tobacco, letters, papers or any other unauthorised article shall
be forthwith suspended from duty and be liable to dismissal.
89. Officers shall not make any unauthorised communication concerning the
prison or prisoners to any person whatever, and shall not, without
authority, communicate to the public information derived from official
sources or connected with his duties or the prison. Any disregard of this
rule will render the officer concerned liable to dismissal.
90. Every officer shall take the utmost care to guard against accidents by fire.
No lights or fires shall be left burning unnecessarily or unattended in any
part of the prison. No light shall at any time be carried about the prison
unless it is enclosed in a lantern.
91. Subordinate officers shall be appointed on 2 years' probation (which may
be extended if considered desirable) and shall be liable to dismissal on one
month's notice if found unsuitable, and at any time without notice for
Rule 92 CAP. 36A Prison Rules
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misconduct. In appointing officers to prisons, those candidates will be
preferred who, if equally eligible on other grounds, have a knowledge of a
trade which can be followed in prison, and all officers shall instruct
prisoners in such trade if called upon to do so. (Amended, Act 46/1988.)
92. Subordinate officers shall be eligible for leave as laid down in the Civil
Service Regulations.
93. No male officer shall enter the division of a prison allotted to female
prisoners, except on duty, and on such occasions must be accompanied by
a female officer.
94. Serious pecuniary embarrassment will be regarded as impairing the
efficiency of an officer, and if occasioned by imprudence or other
reprehensible cause will be held to be an offence, affecting the
trustworthiness of the officer and the respectability of the service and the
officer will forfeit his claim to promotion or increase of pay.
95. No officer of a prison shall lend money at interest or for any other
valuable consideration; any officer offending against this rule shall be
liable to dismissal or such lesser punishment as the Minister of Police may
impose.
MAINTENANCE OF GOOD ORDER
96. The prison shall be kept in a cleanly state and the walls of the wards, cells,
rooms and passages shall be painted or lime-washed as occasion may
require. The passages, rooms, wards and cells shall be scrubbed, washed
or cleaned once a week, or oftener if needed.
97. Nothing shall be allowed to grow against the outer walls of the prison, nor
shall any ladders, tools or implements of any kind, likely to facilitate
escape, be unnecessarily exposed.
98. No dogs, pigs, poultry or other animals shall be kept in any part of the
prison compound.
99.
(1) The Minister of Police and the Visiting Officers may, at any time of the
day or night, enter any prison of the Kingdom and inspect any part of such
prison. They are also authorised to hear and inquire into any complaints of
prison officers or prisoners, and to examine any of the prison books,
records or stores.
(2) The Minister of Public Works, the Foreman of Works and any workman
of the Works Department may, at any time of the day, enter any prison of
the Kingdom in the performance of their official duties.
(3) A medical officer may also enter any prison at any time of the day or
night, in pursuance of the regular duties of his office.
Prison Rules CAP. 36A Rule 100
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(4) Except as herein provided and subject to rules 144 to 150, no person shall
be permitted to enter any prison except by the written order of the
Minister of Police.
100. No person other than prisoners and prison officers on duty and those
persons mentioned in rule 99 shall be allowed to be or remain in the
prison between the hours of 10 p.m. and 5.30 a.m.
101. No person shall be employed in enforcing the discipline of the prison, or
in the service of any officer or prisoner, except as authorised by these
rules.
102. No gaming shall be permitted in the prison, and no dice, cards, or other
instruments of gaming shall be allowed to be introduced into the prison.
103. The prisoners shall be locked up in the evening and unlocked in the
morning at such hours as may from time to time be directed.
104. Female prisoners shall be kept entirely separate from male prisoners, and
shall be confined in different buildings. The locks of the female prison
shall be different from those used for the male prison, and the keys shall
be kept in the custody of the female warder. Juvenile prisoners and
prisoners convicted for the first time shall also be separated from habitual
criminals so far as the prison accommodation will allow.
ADMISSION AND DISCHARGE OF PRISONERS
105. Immediately upon any prisoner entering the prison, the Gaoler or other
appointed officer shall register in a book to be kept for the purpose, the
prisoner's full name or names, and aliases (if any), sex, age, height,
weight, features, particular marks and the offence for which he was
committed or sentenced, the date and hour of admission, and the length of
sentence. In the case of convicted criminal prisoners, all clothing, money
and other effects shall be taken from them, and such property shall be
recorded in a book kept for that purpose and called a Prisoners' Property
Book.
106. All prisoners shall be searched on admission and the Gaoler shall take
charge of any article which may be considered dangerous or inexpedient
for the prisoner to retain.
107. Every prisoner shall, at the medical officer's next visit after his admission,
be brought before him for examination, and the medical officer shall enter
in a book to be kept by the Gaoler a record of the state of health of the
prisoner and any observations or instructions which he may deem it
expedient to add.
108. The child of a female prisoner may be received into prison with its
mother, provided it is being nursed at the breasts or is in the opinion of the
committing magistrate too young to be separated from its mother. In all
Rule 109 CAP. 36A Prison Rules
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such cases an authority from the committing magistrate for the child's
admission shall accompany the prisoner on reception.
109. On the discharge of every prisoner the Gaoler shall deliver to him any
money and other articles which were taken from him on his admission,
and he shall take a receipt for the same in a book kept by him for
registering such articles, which receipt shall be signed by the prisoner if
he can write and, if not, by some other officer witnessing the delivery.
110.
(1) The case of every prisoner under a life sentence shall be submitted by the
Gaoler for the consideration of His Majesty in Council on its merits at
periods of 10, 15 and 20 years from the date of the sentence, or where the
prisoner has attained or is believed to have attained the age of 60 years.
This rule shall be communicated to any such prisoner in prison and to any
other on first reception into prison, but each must be made to understand
distinctly that such submission in no way implies that any remission of
sentence will be necessarily granted.
(2) Cases of prisoners sentenced to long terms of imprisonment shall be
brought forward by the Gaoler for the consideration of His Majesty in
Council, on their merits, at periods of 7, 10, 15 and 20 years from the date
of sentence.
(3) In all cases of prisoners sentenced to imprisonment for life, or to long
terms of imprisonment, as aforesaid, His Majesty in Council may, in
reviewing the sentence, take into consideration any medical report as to
the mental and physical condition of the prisoner, and the effects of
imprisonment on such mental or physical condition.
(4) In the case of every prisoner under a life sentence or a term of
imprisonment exceeding 4 years, the Gaoler shall on the completion of
each 4 years of the sentence report upon the mental and physical condition
of such prisoner (with particular reference to the effect of imprisonment
upon his health), upon his demeanour and his attitude towards his offence,
and towards crime generally, and upon his conduct and industry and other
matters which may have a material bearing upon his case. Every such
report shall be forwarded to the Minister of Police and the case of the
individual prisoner concerned may then be reviewed.
111. Any prisoner, whose term of imprisonment would according to his
sentence expire on a Sunday or Christmas Day, shall be discharged at 1
p.m. on the immediate day preceding.
112. Except as aforesaid every prisoner shall be discharged immediately at 1
p.m. on the day when his sentence expires or otherwise terminates.
Prison Rules CAP. 36A Rule 113
to
Page 19
CLASSIFICATION
113. Prisoners shall be classified as follows —
First Class—Debtors, comprising persons confined for contempt of Court,
or upon civil process, or for want of sureties to keep the peace;
Second Class—Prisoners awaiting trial or under remand;
Third Class—Prisoners sentenced to penal servitude or imprisonment.
PRISONERS OF THE FIRST CLASS
114. Prisoners of the first class shall be kept in a separate ward.
115. They may, if the same be sufficient and decent, wear their own clothes.
116. They shall not be compelled to be shaved unless needful for the purpose
of cleanliness.
PRISONERS OF THE SECOND CLASS
117. Prisoners of the second class shall be kept apart from other prisoners.
1l8. Their clothes and other effects may be taken from them if necessary for
the purpose of evidence connected with their prosecution or otherwise for
the purposes of justice. If not required for such purposes they may wear
their own clothes if they be sufficient and decent.
119. If they consent, they may be employed in any work or labour that can be
conveniently performed in the prison.
PRISONERS OF THE THIRD CLASS
120. Third class prisoners shall be employed in associated labour of such kind
and at such places as the Gaoler with the approval of the Minister of
Police may appoint.
121. They shall be employed in the hardest description of labour available and
shall not, unless for medical or other special reason, be permitted to work
at comparatively light work.
122. They shall not be eligible to be engaged for any service in connection with
the discipline or management of the prison except by special permission
of the Gaoler.
123. They shall be locked up in their cells when not employed at labour or
when not at meals or exercise, or at divine service.
124. They shall be divided into two classes, viz. —
(a) prisoners whose sentences do not exceed 6 months;
(b) prisoners whose sentences exceed 6 months.
Rule 125 CAP. 36A Prison Rules
Page 20
to
FOOD, CLOTHING AND BEDDING
125. No alcoholic liquors of any kind shall be admitted for the use of any
convicted prisoner under any pretence whatever, unless by the written
order of a medical officer in his journal specifying the quantity to be
admitted and the name of the prisoner for whose use it is intended.
126. There shall be allowed for the morning and evening meals an interval of
half an hour for each and an interval of one hour for midday meal at such
times of the day as are appointed under these rules.
127.
(1) The diet scale for prisoners shall be as set out in Schedule 1 hereto.
(2) The Gaoler may, in case of necessity, vary the scale of diet, or quality of
diet, or replace or discontinue any item of diet in respect of any prisoner
or class of prisoners. Any such variation shall forthwith be reported by the
Gaoler to the Visiting Medical Officer, together with the reason therefor.
(3) If a Visiting Medical Officer is of the opinion that the diet as varied or
replaced is inadequate or unsuitable for the prisoners affected and should
be altered, the Visiting Medical Officer shall recommend accordingly.
128. If any prisoner shall complain that he has not received his proper
allowance of food the Gaoler shall cause his ration to be weighed or
measured in his presence and the deficit, if any, shall be made up.
Groundless complaints, frequently made, will be considered a breach of
prison discipline and will render the prisoner concerned liable to
punishment.
129.
(1) Convicted prisoners shall be provided with and shall wear a complete
prison dress; and their own clothes and other effects shall be taken from
them, purified, and laid by.
(2) Prisoners shall sleep on the floor and shall provide themselves with the
number of mats authorized.
130. On the discharge of a prisoner, his own clothes and other effects shall be
returned to him, unless it has been found necessary to destroy them, or
unless they are unfit to be worn.
131. The Medical Officer shall direct, and the Gaoler or warder under his
direction shall follow out, measures as to cleansing and disinfecting the
clothes, bedding and sleeping-places of prisoners.
132. The dress of convicted prisoners shall be as prescribed by the Minister of
Police from time to time.
133. New clothing shall be issued to prisoners by the Gaoler as required.
Prison Rules CAP. 36A Rule 134
to
Page 21
134. The clothing of every prisoner shall be changed at least twice a week.
PERSONAL CLEANLINESS
135. Male prisoners whose sentences exceed one month shall, unless the
Gaoler otherwise orders, have their hair cut upon admission and
afterwards monthly in a manner not to disfigure them, and be shaved
twice a week. Prisoners will be allowed to grow their hair and beard as
they may desire for one month before the expiration of their sentence or
the time of their release from prison.
136. The hair of female prisoners shall be cut when absolutely necessary for
the sake of health and cleanliness and upon special direction by the
medical officer in each case.
137. Prisoners shall keep themselves clean and decent in their persons and shall
conform to such directions as to bathing and otherwise as may be given
them for that purpose. They shall also keep their cells or wards in a state
of cleanliness.
HEALTH OF PRISONERS
138. Unconvicted prisoners shall have the means of taking exercise on every
week-day in the open air within the precincts of the prison and all
prisoners not employed in the open air shall have the means of taking such
exercise in the open air as the medical officer shall deem necessary for
their health.
139. The names of prisoners who desire to see the medical officer shall be
reported without delay to the Gaoler and medical officer.
140. There shall be provided in each prison (if accommodation permits) an
infirmary or other suitable accommodation for the reception of sick
prisoners.
141. Prisoners suspected of having infectious diseases shall be separated from
other prisoners, and, as soon as it can be done with safety, shall be
removed to the infirmary or other authorized place.
RELIGIOUS INSTRUCTION AND BOOKS
142.
(1) Where such an arrangement can conveniently be made, a suitable room or
part of a building in the prison shall be set apart for use as a Chapel.
(2) Ministers of religion or religious instructors, as from time to time
approved by the Minister of Police, shall be admitted to hold services on
such days and at such hours as the Gaoler shall fix.
(3) Prisoners shall attend divine service and prayers when required to do so
according to their several religious denominations.
Rule 143 CAP. 36A Prison Rules
Page 22
to
143. On a special application by any prisoner to the Gaoler a minister of his
religious persuasion may be permitted to visit him at other hours than
those fixed, if convenient.
VISITS TO, AND COMMUNICATION WITH, PRISONERS
144. Prisoners awaiting trial or under examination shall be allowed to receive
visits from their friends in the hearing of an officer between the hours of
11 a.m. and 4 p.m. on any day except Sundays, Good Friday or Christmas
Day.
145. Persons awaiting trial, under examination, or prisoners convicted by
Magistrates shall be allowed to see their legal advisers or registered
medical practitioner if necessary for the purposes of their defence on any
day except Sundays at any hour between 7 in the morning and 5 in the
evening. Such visits may take place in private, but must be in view of an
officer of the prison.
146. Prisoners who have been convicted by the Court shall only be allowed to
see their legal advisers under special circumstances and upon permission
having been first obtained from the Minister of Police for that purpose.
Upon such permission being applied for, the nature and object of such
visit shall be stated with sufficient precision to enable the Minister of
Police to judge whether or not the visit is one which should be allowed.
147. Prisoners awaiting trial or under examination may also receive and write
letters whenever they desire to do so. All correspondence to or from
untried prisoners, except such as may pass between their legal advisers
and themselves, shall be read and initialled by the Gaoler.
148. Debtors shall be allowed a visit of half an hour once in each week under
the usual conditions. They shall also be allowed to receive and write
letters without the same being read by the Gaoler unless he has reason to
suspect that any breach of the Prison Rules is being committed, when he
shall open the letters in the presence of the debtor concerned.
149. Convicted criminal prisoners, whether sentenced to hard labour or not,
shall not receive visits, nor write or receive letters from their friends until
4 months after the date of their conviction. Provided their conduct be
good, they shall be allowed after 4 months to receive a visit and to write
and receive a letter every 2 months. Visits shall not exceed 20 minutes'
duration. They shall be allowed to petition the Minister of Police, and to
see visitors once immediately after admission, in regard to their
conviction.
150. No prisoner shall receive a visit from more than one person at a time
except when the visitors are in relationship of parent, wife, husband, or
children of the prisoner.
Prison Rules CAP. 36A Rule 151
to
Page 23
151. Subject to these rules visitors to prisoners shall only be admitted on a
written order of the Minister of Police and with the consent of the
prisoner.
152. Under special circumstances the Minister of Police may grant to prisoners
the privilege of receiving a visit or of writing or receiving a letter, at other
times than those specified in the foregoing rules.
153. The Gaoler shall peruse and initial the letters of all prisoners except as
otherwise provided in the case of untried prisoners and debtors and, if he
shall deem it necessary to withhold any letter, he shall forthwith lay it
before the Minister of Police.
154. The name of any visitor and other authorized person making their
ordinary visits, and the name of every prisoner visited, shall be noted in a
book for that purpose by the Gaoler.
155. Any visitor who shall occasion disturbance, or commit a breach of
discipline, or shall be insolent to, or shall refuse to retire when required by
any officer of the prison, may be refused admittance to visit any prisoner,
and may be forcibly ejected from the prison.
156. Persons of known bad character shall not be admitted as visitors, except
under very special circumstances.
157. All visits to prisoners, except as provided in rule 145 of these rules, shall
take place in the presence and hearing of an officer.
PRISON OFFENCES
158. No punishment or privation of any kind shall be awarded against a
prisoner for a prison offence except as provided in sections 24, 28, 29 and
30 of the Prisons Act, and in these rules. (Amended, Act 46/1988.)
159. The following acts and omissions, if committed or done by any prisoner,
are hereby declared to be prison offences within the meaning of section 24
of the Prisons Act and may be dealt with under and according to the
provisions of section 24 of the said Act, and of these rules —
(a) disobedience of the Prison Rules;
(b) common assault on another prisoner;
(c) profane, indecent, insulting, or threatening language or behaviour;
(d) insubordination;
(e) irreverent behaviour at divine service;
(f) idleness or negligence at work, or leaving place of work without
authority;
(g) wilful mismanagement of work;
Rule 160 CAP. 36A Prison Rules
Page 24
to
(h) absence from divine service according to their several religious
denominations without leave; (Amended, Act 46/1988)
(i) obstructing any prison officer in the execution of his duty;
(j) disobedience to the commands of any prison officer;
(k) giving away provisions or clothing or exchanging them with
another prisoner;
(l) communicating with another prisoner without leave;
(m) disrespectful conduct to any officer or other person in the prison;
(n) committing any nuisance;
(o) having possession of unauthorized articles;
(p) marking, defacing, or damaging any part of the prison or any
Government property;
(q) gaming, dancing, singing, whistling, or making any unnecessary
noise;
(r) creating a disturbance;
(s) secreting or purloining anything;
(t) pretending illness or wilfully disabling himself;
(u) frivolous complaints, needless requests to see the medical officer,
insolence, rudeness, or any other misconduct subversive of the
peace, order, or good government of the gaol.
160. The medical officer shall, as often as possible, visit each prisoner in a
punishment cell. On a requisition stating the ground of his intervention
delivered by him to the Gaoler he may, in any case, cause the confinement
in a punishment cell to cease wholly or partly. Such requisition shall be
forthwith forwarded by the Gaoler to the Prison Visiting Officers who
dealt with the prisoner concerned.
161. In lieu of, or in addition to, any other penalty which the Minister of Police
is authorized to award, he may order any prisoner having escaped or
attempted to escape from prison to be put in irons for such period as he
shall determine. A similar order may be made whenever a prisoner is so
violent as to render such a course necessary.
162. All articles found in the possession of a prisoner at any time after he has
been searched on his admission into prison, which have not been served
out to the prisoner by an officer acting in the course of his duty, shall be
deemed unauthorized articles, and the prisoner on whom such articles
shall be found shall be dealt with as provided by these rules.
163. Sentences of corporal punishment under the Prison Act shall not exceed
25 strokes in the aggregate.
Prison Rules CAP. 36A Rule 164
to
Page 25
164. The Gaoler shall attend all corporal punishments which shall be inflicted
by a prison warder or police constable.
165.
(1) No corporal punishment shall be inflicted unless in the presence of the
medical officer who shall have full control over the same.
(2) The medical officer shall give such orders for preventing injury to health
as he may deem necessary, and those orders shall be carried out by the
Gaoler.
(3) Corporal punishment for prison offences shall be inflicted on the guilty
prisoner in the presence of other prisoners.
(4) The Gaoler shall enter in the punishment book the date and hour at which
the punishment was inflicted, the number of strokes, and any orders which
the medical officer may have given on the occasion.
166. Where a “cat o'nine tails” is used it shall be such as is prescribed by
Cabinet. The “birch” should be of a type approved by the Minister of
Police.
167. Prisoners of the first and second class shall be subject to the Prison Rules,
except as far as they are inconsistent with any special rule relating to such
prisoner.
PRISONERS UNDER SENTENCE OF DEATH
168. Every prisoner under warrant or order for execution shall, immediately on
his arrival in the prison after sentence, be searched by, or by the order of,
the Gaoler, and all articles shall be taken from him which the Gaoler
deems dangerous or inexpedient to leave in his possession. He shall be
confined in a cell apart from all other prisoners, and shall be placed by
day and night under the constant charge of an officer. He shall be allowed
such dietary and exercise as the Gaoler with the approval of the medical
officer may direct. The medical officer shall visit him in his cell as often
as necessary. A minister of the religious persuasion to which the prisoner
belongs shall have free access to him. With the above exception no
person, not being a visiting officer or an officer of the prison, shall have
access to the prisoner except in pursuance of an order from the Minister of
Police. The officer who is placed in charge of the prisoner shall be present
during the whole of such interview.
169. If any prisoner under sentence of death wishes to make a statement
whether by way of petition to His Majesty in Council or otherwise he
shall be permitted to do so. Such statement shall be made in the presence
of and be taken down in writing and read over to the prisoner by the
Gaoler and shall be signed by the prisoner and the Gaoler and the Gaoler
shall forthwith forward such statement to the Minister of Police.
Rule 170 CAP. 36A Prison Rules
Page 26
to
MEANS OF RESTRAINTT FOR PRISONERS
170. The following means of restraint may be used in the case of any prisoner
whose conduct shall be so violent as to render such action necessary —
(a) handcuffs;
(b) leg-chains fastened at each end to an iron ring large enough to
admit the ring being firmly rivetted round the ankle;
(c) waist-belt of double leather sewn together, fastened by a lock round
waist, with steel wristlets at equal distances at the sides to lock the
wrists therein; weight not to exceed 1.81 kilograms;
(d) stout canvas dresses for prisoners destroying their clothing.
171. Irons shall be used only as a means of restraint or prevention to escape,
not as a punishment. No prisoner shall be kept in irons without having
been previously examined by the medical officer.
172. The Gaoler shall enter in his journal the name of any prisoner placed
under restraint with the day and hour of such restraint being put on and
taken off, or change in manner of application.
173. Medical cases under treatment in the infirmary shall only be restrained in
such manner as the medical officer may direct. A report in each case shall
be made by such officer in his journal.
PRISONERS' LABOUR
174. Every prisoner, whose sentence requires him to labour, shall work at
whatever kind of labour he may be appointed to by the Gaoler in
conformity with these rules.
175. The hours of labour shall be: morning, 7 a.m. to noon; afternoon, 1 p.m. to
5 p.m.
176. Prisoners liable to work but not subject to hard labour shall be employed
at such hours as may be directed not exceeding 9 hours each day.
177. No prisoner whose sentence requires him to labour shall be relieved on
account of sickness or physical inability except upon the written order of
the medical officer, or where the sickness is so sudden or severe that the
Gaoler deems it his duty to relieve him for the day, and every case of that
kind shall be reported by the Gaoler to the medical officer at his first visit
thereafter.
178. In no case shall hard labour be combined with reduced diet.
179. Male prisoners sentenced to penal servitude or imprisonment with hard
labour may be employed within or without the walls of the prison upon
any work and at such places as the Gaoler may appoint.
Prison Rules CAP. 36A Rule 180
to
Page 27
180. Female prisoners shall be employed within the prison at sewing, washing
and ironing clothes, picking coir or oakum, cleaning, scouring, and other
necessary work in the females' prison. Coir fibre must be picked in the
open air.
181. Prisoners shall only do necessary cleaning on Sundays, Christmas Day,
and Good Friday.
182. Prisoners shall perform on all holidays all such work as the Gaoler may
deem necessary.
183. No prisoner shall be employed as a personal servant in the quarters of a
Gaoler or other officer.
MARK SYSTEM
184. A convicted person sentenced to imprisonment, whether by one sentence
or by consecutive sentences for a period exceeding 3 calendar months or a
prisoner sentenced to penal servitude whether by one sentence or
consecutive sentences, may earn remission of sentence by industry
accompanied by good conduct.
185. The maximum remission obtainable shall be one fourth of the sentence in
the case of males, and one-third in the case of females. One calendar
month under the marks system represents 30 days.
186. The amount of remission shall be determined by marks as follows —
(a) every day of imprisonment shall be represented by six marks,
irrespective of conduct or industry;
(b) one additional mark shall be given for a fair day's labour; additional
marks for steady hard work and full performance of the task allotted
for the day;
(c) a prisoner must obtain a number of marks equal to 6 times the
number of days of the term of imprisonment to which he has been
sentenced; thus, if he obtains only 6 marks per day, he earns no
remission; whereas if he obtains eight marks per day, and no marks
are forfeited for misconduct, he earns the full remission of one
fourth of the sentence.
187. No marks shall be allotted for mere good conduct except on Sundays,
Christmas Day and Good Friday. Every prisoner entitled to marks who
conducts himself well on those days shall receive 8 marks.
188. Prisoners in hospital or the infirmary, if injured on the public works, or in
the performance of their duty (without any fault of their own) shall be
allowed 8 marks per day. If in hospital for any other cause they shall be
allowed 6 marks per day unless recommended for an additional number of
marks by the Gaoler.
Rule 189 CAP. 36A Prison Rules
Page 28
to
189. Prisoners who have been certified by the medical officer to be only
capable of light labour shall be allowed marks in proportion to their
industry on the same scale as other prisoners.
190. Prisoners undergoing punishment diet, or separate or solitary confinement
for breaches of prison discipline, shall be allowed only 6 marks marks a
day during the time of such punishment.
191. The details given above apply to male prisoners only. In the case of
female prisoners every day of imprisonment shall be represented by 4
instead of 6 marks. Full daily marks shall be 6 instead of 8, and the
maximum remission shall be one third instead of one fourth of the
sentence.
192. His Majesty in Council may, by order under his hand, grant to any
prisoner a licence to be at large in the Kingdom during such portion of his
sentence of imprisonment as His Majesty in Council may see fit. And His
Majesty in Council may revoke or alter such licence by order under his
hand, and at his pleasure. Such licence may be in the form set forth in
Schedule 2 annexed to these rules or in such other form as His Majesty in
Council may direct.
193. The earning of marks and grant of remission shall extend to re-convicted
holders of a licence serving remnants of former sentences.
194. The maximum number of marks of which a prisoner may be deprived for
any one offence is —
(a) by the Minister of Police, 720;
(b) by the gaoler, 42;
(c) by His Majesty in Council, unlimited.
195. All fines of remission of marks by the Gaoler shall be subject to revision,
on appeal by the Minister of Police.
196. A mark book shall be kept by the Gaoler in a form to be approved by
Cabinet, and shall be examined and initialled on each visit by the Minister
of Police. Such mark book shall further be produced to the Prison Visiting
Officer for inspection at each visit.
197. A report of the marks earned and forfeited by each prisoner shall also be
kept in the prison on a card, in a form approved by Cabinet.
198. At the end of each day's work every officer in charge of prison labour
shall report to the Gaoler the industry of each prisoner under his charge
for the day, and the Gaoler shall record the marks as earned in the mark
book at the earliest opportunity.
Prison Rules CAP. 36A Rule 199
to
Page 29
199. All possible care should be taken that the marks are fairly awarded. Care
must also be taken that the prisoner is not always under the same warder
when employed outside the prison.
SCHEDULE 1 CAP. 36A Prison Rules
Page 30
to
SCHEDULE 1
(Rule 127)
Diet and dietary for prisoners shall be as follows: —
Taro, Yams or Kumalas ........................................................................... 1.81 Kgs. daily
Coconut, taro tops, green vegetables .............................................................as available
Meat .................................................................................................... 227 grams weekly
Prison Rules CAP. 36A SCHEDULE 2
to
Page 31
SCHEDULE 2
(Rule 192)
ORDER OF LICENCE TO A PRISONER
His Majesty in Council is pleased to grant to .....................................................who was
convicted of ……………..at the …………….for the ........................ on the ...................
day of ............................................... and was then and there sentenced to imprisonment
with hard labour (or to be kept at penal servitude) for the term of ...................................
and is now confined in the .................. prison, his licence to be at large from the day of
his liberation under this order during the remaining portion of his said term of
imprisonment or penal servitude unless the said . .............................................................
shall, before the expiration of the said term be convicted of some indictable offence
within the Kingdom, in which case such licence will be immediately forfeited, or
unless it shall please His Majesty in Council to revoke or alter such licence.
This licence is given subject to the conditions endorsed upon the same, upon the breach
of any of which it shall be liable to be revoked, whether such breach is followed by
conviction or not; and His Majesty in Council
hereby orders that the said ………….……………be set at liberty within 30 days from
the date of this order.
Given under my hand and seal
(Minister of Police).
(King of Tonga).
(The following to be printed on the back of the licence.)
This licence is subject to forfeiture if the holder does not observe the following
conditions —
1. He shall preserve his licence and produce it when called upon to do so by
a Magistrate or Police Officer.
2. He shall abstain from any violation of the law.
3. He shall not habitually associate with notoriously bad characters.
4. He shall not lead an idle life, without visible means of obtaining an honest
livelihood.
SCHEDULE 2 CAP. 36A Prison Rules
Page 32
to
5. He shall, within 48 hours of his arrival in the district, personally notify the
place of his residence to the Chief Officer of Police of the district in which
he is, and whenever he changes his residence, shall notify such change of
residence to the said Chief Officer of Police of the district, and also if he
is changing his residence from one district to another, to the Chief Officer
of Police of the district in which he is going to reside; and he shall, once
in every 3 months report himself personally, at such time as may be
ordered by the Chief Officer of Police of the district in which he resides,
to such Chief Officer of Police or to a person appointed by him.
The Chief Officer of Police of the district may, after the lapse of some
months from the granting of the licence, during which the conduct of the
holder shall have been satisfactory, permit the report to be made in
writing.
If the holder of a licence fails so to report himself, or if he fails to comply
with any of the above requisitions, he will be liable to be arrested by any
constable and to have his licence revoked; and if he shall be convicted of
any offence committed during the period in which he shall have been at
large under such licence, and shall be sentenced to any term of
imprisonment or penal servitude, he shall, after undergoing such term,
further undergo a term of imprisonment or penal servitude equal to the
portion of his term of imprisonment or penal servitude that remained
unexpired at the time of his licence being granted.
