Prisons Act
2008 Revised Edition
CAP. 20.28
PRISONS ACT
Prisons Act CAP. 20.28 Arrangement of Sections
2008 Revised Edition
Page 3
PRISONS ACT
Arrangement of Sections
Section
PART I – PRELIMINARY 7
1 Short title................................................................................................................ 7
2 Purpose of this Act................................................................................................. 7
3 Interpretation.......................................................................................................... 7
PART II - ESTABLISHMENT OF PRISONS 8
4 Designation of prison............................................................................................. 8
5 Transfer of prisoners from one prison to another .................................................. 8
PART III - APPOINTMENT, POWERS AND DUTIES OF PRISON
OFFICERS 9
6 Superintendent of Prisons ...................................................................................... 9
7 Officers in charge of prisons.................................................................................. 9
8 Responsibility of officer in charge for stores......................................................... 9
9 Appointment of subordinate officers ..................................................................... 9
10 Appointment of police officers to perform the duties of
subordinate officers.............................................................................................. 10
11 Subordinate officers not to engage in other employment or to receive fees
or gratuities .......................................................................................................... 10
12 General powers and duties of subordinate officers .............................................. 10
13 Subordinate officers not to enter cells at night .................................................... 10
14 Cells where females are confined ........................................................................ 10
15 Prison officers to have powers of police officers................................................. 10
16 Prison officers always liable to duty.................................................................... 11
17 Examination of articles, vehicles and persons entering or leaving a prison ........ 11
18 Use of force by prison officers............................................................................. 11
Arrangement of Sections CAP. 20.28 Prisons Act
2008 Revised Edition Page 4
PART IV - DISCIPLINE 11
19 Offences by prison officers ..................................................................................11
20 Punishment which may be awarded by certain officers .......................................12
21 Powers of interdiction ..........................................................................................12
22 Inquiry by Superintendent ....................................................................................13
23 Fines to be recovered by stoppage of pay ............................................................13
24 Loss of equipment on charge to prison officer.....................................................13
25 Pay not to accrue during absence without leave or imprisonment .......................13
26 Police Fund...........................................................................................................13
PART V - MEDICAL EXAMINATION, ADMISSION, CUSTODY AND
REMOVAL OF PRISONERS 14
27 Medical examination of prisoners ........................................................................14
28 Admission of prisoners.........................................................................................14
29 Prisoner to be informed of right to appeal............................................................14
30 Custody of prisoners.............................................................................................14
31 Search of prisoners on admission.........................................................................15
32 Prisoner’s record to be kept..................................................................................15
33 Prisoner’s effects to be kept safe..........................................................................15
34 Separation of prisoners.........................................................................................15
35 Maintenance of prisoners .....................................................................................16
36 Prisoner of unsound mind ....................................................................................16
37 Removal of sick prisoners to hospital ..................................................................16
38 Notice of death of a prisoner to be given to Minister...........................................16
PART VI - WORK OF PRISONERS 17
39 Work.....................................................................................................................17
40 Work of female prisoners .....................................................................................17
41 Civil prisoners and un-convicted prisoners not required to do work ...................17
PART VII - EXTRAMURAL PUNISHMENT 17
42 Penal labour in lieu of imprisonment ...................................................................17
PART VIII - OFFENCES BY PRISONERS 18
43 Prison offences .....................................................................................................18
44 Punishment of prisoners .......................................................................................18
45 Punishment for aggravated or repeated offences .................................................19
46 Minister may review punishment .........................................................................19
47 Prisoner allowed to be heard in his defence .........................................................19
48 Punishment to be recorded on prisoner’s record ..................................................19
PART IX - REMISSION SYSTEM 20
49 Remission of sentence..........................................................................................20
50 Periodical reports on certain prisoners .................................................................20
Prisons Act CAP. 20.28 Arrangement of Sections
2008 Revised Edition
Page 5
51 Licence to be at large ........................................................................................... 20
PART X - DISCHARGE OF PRISONERS 21
52 Responsibility of officer in charge for discharge of prisoners............................. 21
PART XI – VISITS, COMMUNICATIONS AND VISITING JUSTICES 21
53 Visits from friends and relatives .......................................................................... 21
54 Communications by prisoners.............................................................................. 21
55 Visitors to prisons ................................................................................................ 22
56 Interviews of police officers with prisoners......................................................... 22
57 Visits by Ministers of religion ............................................................................. 22
58 Appointment and powers of visiting justices....................................................... 22
PART XII 23
59 Penalty for trafficking and loitering near prison.................................................. 23
60 Harbouring prisoners ........................................................................................... 23
61 General penalty .................................................................................................... 23
62 Power to prosecute under other law not to be affected ........................................ 23
PART XIII - WEEKEND DETENTION 24
63 Amendment to the Penal Code ............................................................................ 24
PART XIV - MISCELLANEOUS 24
64 Regulations .......................................................................................................... 24
SCHEDULE 1 26
OFFENCES AGAINST PRISON DISCIPLINE 26
SCHEDULE 2 28
OFFENCES AGAINST PRISON DISCIPLINE 28
Supporting Documents
ENDNOTES 30
Prisons Act CAP. 20.28 Section 1
2008 Revised Edition
Page 7
PRISONS ACT
TO PROVIDE FOR THE SUPERVISION AND DISCIPLINE OF PRISONS 1
Commencement [1 January 19862]
PART I – PRELIMINARY
1 Short title
This Act may be cited as the Prisons Act.
2 Purpose of this Act
(a) This Act is a revision of the Prisons Act (Cap. 72 1978 Edn.) to
simplify the law governing the administration of the prison service and
the control and discipline of both prisoners and prison officers, and
(b) an extension to the sentencing options available to the courts by
introducing measures for the weekend detention of offenders as an
alternative to normal prison terms.
3 Interpretation
In this Act, unless the context otherwise requires —
“civil prisoner” means any prisoner other than a criminal prisoner;
“criminal prisoner” means any person committed to custody by a court
exercising criminal jurisdiction;
“juvenile” means a person under the apparent age of 16 years;
Section 4 CAP. 20.28 Prisons Act
2008 Revised Edition Page 8
“officer in charge” means any officer appointed under section 7 to be in
charge of a prison;
“prison” means a prison established under this Act including a weekend
detention centre, and may also include a police cell in the absence of any
suitable alternative when so designated by the Minister;
“prison officer” includes the Superintendent, officer in charge, subordinate
officer, and any police officer directed by the Superintendent to carry out the
duties of a prison officer;
“prisoner” means any person convicted or not, under detention in any prison;
“prohibited article” means any article the introduction or removal of which
into or out of the prison is prohibited by this Act;
“Superintendent” means the officer appointed to be Superintendent of
Prisons under section 6;
“Subordinate officer” means any person appointed to be a subordinate
officer under section 9 and includes a wardress;
“weekend detention” means detention from Friday afternoon until Sunday
afternoon in the custody of the Superintendent, specific timings to be
designated by the Superintendent in lieu of a sentence of imprisonment for the
consecutive days of a seven day week;
“weekend detention centre” means a prison designated by the Minister for
the reception and accommodation of persons sentenced to weekend detention;
“young person” means a person between the apparent ages of 16 and
18 years.
PART II - ESTABLISHMENT OF PRISONS
4 Designation of prison
The Minister may by notice declare any building, or part of a building or enclosed
area, to be a prison for the purposes of this Act.
5 Transfer of prisoners from one prison to another
The Superintendent may at his discretion transfer prisoners from one prison to
another prison to prevent over-crowding or for any other reason.
Prisons Act CAP. 20.28 Section 6
2008 Revised Edition
Page 9
PART III - APPOINTMENT, POWERS AND DUTIES OF
PRISON OFFICERS
6 Superintendent of Prisons
(1) The Minister shall appoint an officer to be called the Superintendent of
Prisons in whom shall be vested general supervision and control of all prisons,
and into whose custody all convicted prisoners and civil prisoners shall be
delivered.
(2) The Superintendent shall, as far as practicable, periodically visit and inspect
all prisons.
7 Officers in charge of prisons
The Superintendent may appoint a prison officer to be officer in charge of
any prison.
8 Responsibility of officer in charge for stores
(1) Every officer in charge shall be responsible for all equipment issued to him
including clothing and all other public stores and foodstuffs whether for the
use of the prison or prison officers under his control, and for all public money
for which he may be held accountable and any property of prisoners entrusted
to his keeping and shall account for any loss or damage, otherwise than by
unavoidable accident, theft, robbery, or actual service, or by being destroyed
or otherwise disposed of under section 39.
(2) Where any property mentioned in this section is lost or damaged the officer in
charge shall determine the cause of the loss or damage, and the individual
responsible and shall report his finding to the Superintendent.
9 Appointment of subordinate officers
(1) The Superintendent may appoint subordinate officers with such ranks and in
such numbers in prisons as he may deem fit subject to any written directions
which the Minister may give.
(2) The Superintendent may, subject to the provisions of this Act and to
directions of the Minister, make standing orders for the observance of
subordinate officers.
Section 10 CAP. 20.28 Prisons Act
2008 Revised Edition Page 10
10 Appointment of police officers to perform the duties of
subordinate officers
(1) Where in any prison the number of subordinate officers employed is
insufficient to secure good discipline and management, the Superintendent
with the consent of the Minister, may temporarily employ police officers to
perform the duties of a subordinate officer.
(2) Every police officer appointed under this section shall have the powers and
perform the duties of a subordinate officer.
(3) The Superintendent shall be responsible for the safe custody of prisoners,
including periods of transit or work outside a prison, and where necessary
may call upon police officers to give assistance.
11 Subordinate officers not to engage in other employment or to receive
fees or gratuities
(1) No subordinate officer shall, without the consent of the Minister, engage in
any employment or office whatsoever other than in accordance with his duties
under this Act.
(2) No subordinate officer shall receive any fee or gratuity from prisoners or
discharged prisoners or from friends of prisoners or from visitors to a prison.
12 General powers and duties of subordinate officers
Every subordinate officer shall exercise the powers and perform the duties conferred
or imposed on him and shall obey all directions which he may receive from his
senior officers.
13 Subordinate officers not to enter cells at night
No subordinate officer shall except in case of sickness or emergency enter a prison
cell at night unless unavoidable for the proper management of a prison.
14 Cells where females are confined
No male subordinate officer shall, except in case of sickness or emergency, enter or
remain in a cell in which female prisoners are confined unless accompanied by a
female prison officer or, with the approval of the officer in charge, by some other
woman who is not a prisoner.
15 Prison officers to have powers of police officers
For the purpose of conveying any person to or from a prison, or for the purpose of
apprehending any prisoner who may have escaped while being conveyed to or from
Prisons Act CAP. 20.28 Section 16
2008 Revised Edition
Page 11
a prison, every subordinate officer whilst engaged in any such duty shall have all the
powers, protection and privileges of a police officer.
16 Prison officers always liable to duty
Every subordinate officer shall be deemed to be on duty at all times and may at any
time be detailed for duty in any part of Tuvalu.
17 Examination of articles, vehicles and persons entering or leaving
a prison
(1) Any prison officer may examine anything carried into or out of any prison and
may stop and search any vehicle or person entering or leaving a prison
suspected of bringing any prohibited article into or out of the prison, or of
carrying out any property belonging to the prison, and if any such article or
property be found, it shall be seized:
Provided that where a female is searched such search shall be carried out by a
female subordinate officer or by some other female approved by the officer in
charge.
(2) Any prison officer seizing any prohibited article under this section shall
immediately notify the officer in charge who shall apply to the resident
magistrate for a direction on the disposal of that article.
18 Use of force by prison officers
It shall be lawful for any prison officer or police officer engaged in the duties of a
prison officer to use a reasonable degree of force against any prisoner who —
(a) is escaping or attempting to escape;
(b) is engaged in any combined outbreak or in any attempt to force or break
open the outside door or gate or enclosure wall of a prison;
(c) is using violence to any prison officer or other person,
subject to such standing orders as the Superintendent may prescribe.
PART IV - DISCIPLINE
19 Offences by prison officers
(1) A subordinate officer who commits any of the offences listed in Schedule 1 to
this Act may be arrested without warrant by the officer in charge and shall be
brought as soon as practicable before the Superintendent.
Section 20 CAP. 20.28 Prisons Act
2008 Revised Edition Page 12
(2) Nothing in this section shall exempt a subordinate officer from criminal
proceedings in the ordinary course of the law.
(3) The Minister may, by order, amend Schedule 1.
20 Punishment which may be awarded by certain officers
(1) The Superintendent may inquire into the truth of any charge under section 19
against a subordinate officer and if his decision is against the accused may
impose on him anyone or more of the following punishments —
(i) severe reprimand;
(ii) forfeiture of pay not exceeding the amount of pay for 14 days;
(iii) forfeiture of any reward or allowances which the convicted
subordinate officer may have earned;
(iv) reduction in rank or grade; and
(v) dismissal.
(2) A subordinate officer shall not be convicted under subsection (1) unless the
charge has been read and investigated in his presence and he has been given
sufficient opportunity to cross-examine the witnesses called against him, to
give evidence or make a statement himself and to call witnesses on his behalf.
(3) A subordinate officer who has been punished by dismissal or reduction in
rank or grade may within 7 days after the decision of the Superintendent has
been communicated to him appeal in the same manner as if the decision of the
Superintendent had been made by the Commissioner of Police in respect of a
police officer.
21 Powers of interdiction
(1) The Superintendent may at any time interdict from duty any subordinate
officer pending an enquiry under section 19 into any disciplinary offence of
which he is charged or pending trial or enquiry into any offence, whether
under this Act or any other law.
(2) A subordinate officer interdicted from duty shall continue subject to the same
responsibilities, discipline and penalties and to the same authority as if he had
not been interdicted although the powers, privileges and benefits vested in
him as a prison officer shall be in abeyance during his interdiction.
(3) A subordinate officer interdicted from duty shall be allowed to receive such
proportion of his pay not being less than 20%, as the Minister may think fit.
(4) On the termination of any period of interdiction from duty of a subordinate
officer the Minister may, if he thinks fit, direct the whole or any part of the
pay stopped under this section to be paid to such subordinate officer.
Prisons Act CAP. 20.28 Section 22
2008 Revised Edition
Page 13
22 Inquiry by Superintendent
The Superintendent inquiring into the truth of any charge under section 19 shall
have the power to summon and examine witnesses, and any person who
unreasonably refuses to comply with such a summons or refuses to answer any
questions on examination commits an offence.
23 Fines to be recovered by stoppage of pay
(1) All fines imposed on a subordinate officer in respect of offences under this
Act or any regulations made thereunder may be recovered by stoppage of pay.
(2) The amount of stoppage in respect of any fines or for any other cause
authorised by this Act or by the regulations made thereunder shall be in the
discretion of the Superintendent but shall in no case exceed one-third of the
pay of the offending subordinate officer; and whenever more than one order
of stoppage is in force against the same officer so much only of his pay shall
be stopped as shall leave him a residue on which he can reasonably expect to
meet his living costs.
(3) Where more than one order of stoppage is made upon the same officer the
enforcement of orders later in date shall, if necessary, be postponed until
earlier orders have been discharged.
24 Loss of equipment on charge to prison officer
If any subordinate officer either wilfully or neglectfully disposes, loses, or damages
any government property committed to his charge he may, in addition to or in lieu of
any other punishment, be ordered to make good the amount of such loss or damage,
and such amount may be recovered by stoppage from his pay.
25 Pay not to accrue during absence without leave or imprisonment
Pay shall not accrue to any subordinate officer in respect of any period during which
he is absent from duty without reasonable cause or excuse, or is undergoing any
sentence of imprisonment:
Provided that in any case the Superintendent may in his discretion authorise the
payment of such proportion of pay, not being more than two-thirds, as he may think
fit.
26 Police Fund
(1) All fines imposed under the provisions of this Act or any regulations made
thereunder for any offence against discipline shall be placed to the credit of
the Police Fund established by the Police Act.
Section 27 CAP. 20.28 Prisons Act
2008 Revised Edition Page 14
(2) For the purposes of the making of payments from the said Police Fund
subordinate officers shall be deemed to be police officers.
PART V - MEDICAL EXAMINATION, ADMISSION, CUSTODY
AND REMOVAL OF PRISONERS
27 Medical examination of prisoners
(1) The officer in charge may require that every prisoner is medically examined
on admission or discharge by a medical officer.
(2) Every officer in charge may order any prisoner to be medically examined as
often as he thinks necessary.
28 Admission of prisoners
(1) No prisoner shall be admitted into a prison unless accompanied by a remand
warrant or order of detention or a warrant of conviction or of committal.
(2) Subject to the directions of the Superintendent an infant child of a female
prisoner may be received into prison with its mother:
Provided that when such child has been weaned the officer in charge, on
being satisfied that there are relatives or friends capable and willing to support
it, shall send the child to such relatives or friends.
(3) The officer in charge shall verify that the prisoner is the person named in the
warrant or order and that such warrant or order bears the signature and seal of
the proper authority and in all other respects complies with the requirements
of law.
(4) The officer in charge shall not refuse to accept a prisoner on the ground that
there is an error on the face of any warrant or order of detention, and he shall
take steps as soon as practicable to have the error corrected.
29 Prisoner to be informed of right to appeal
The officer in charge of the prison to which any convicted criminal prisoner is first
committed after conviction shall inform such prisoner within 24 hours of his
admission of his right of appeal, if any.
30 Custody of prisoners
(1) Every prisoner confined in any prison shall be deemed to be in the legal
custody of the officer in charge and shall be subject to prison discipline during
the whole time of his imprisonment.
Prisons Act CAP. 20.28 Section 31
2008 Revised Edition
Page 15
(2) A prisoner when being taken to or from any prison or whenever he is working
outside or is otherwise beyond the limits of any prison shall be deemed to be
in prison and shall be subject to prison discipline in the same manner as if he
were actually in prison.
(3) Prisoners on remand or committed for trial who are required to attend any
court shall be taken for that purpose into police custody at the prison to which
they have been committed and shall remain under police supervision and
guard until returned to the prison or discharged by the court.
31 Search of prisoners on admission
Every prisoner may be searched on admission, and at such times subsequently as the
officer in charge may think necessary or as the Superintendent may direct:
Provided that no female prisoner shall be searched except by a female subordinate
officer or other woman appointed for the purpose.
32 Prisoner’s record to be kept
The officer in charge shall, subject to any directions of the Superintendent, keep
records of all prisoners including any reasonable personal particulars.
33 Prisoner’s effects to be kept safe
(1) No prisoner may take into prison any property other than money, jewellery,
valuable security, or clothing; and any such money, jewellery, valuable
security, or clothing shall be placed in the custody of the officer in charge,
who shall keep an inventory thereof, which shall be signed by the prisoner
and returned to the prisoner when discharged; provided that a prisoner shall as
directed by the officer in charge, be responsible for providing his own
bedding.
(2) If the clothes of a prisoner are worn out or filthy and cannot be cleansed, they
may be destroyed.
(3) When any prisoner arrives at prison with property other than money,
jewellery, valuable security, clothes and bedding the officer in charge shall
give the prisoner an opportunity to dispose of such property to his relations or
otherwise.
34 Separation of prisoners
(1) Male and female prisoners shall be confined separately.
(2) The Superintendent may direct that the following classes of prisoners as far as
the prison accommodation renders it practicable, be separated from one
another, namely —
Section 35 CAP. 20.28 Prisons Act
2008 Revised Edition Page 16
(a) prisoners awaiting trial from convicted prisoners;
(b) juveniles from adults and young persons;
(c) young persons from juveniles and adults;
(d) civil prisoners from criminal prisoners;
(e) prisoners sentenced to weekend detention;
(f) such other classes as may be specified by the Superintendent.
35 Maintenance of prisoners
(1) A prisoner may be permitted to maintain himself and to purchase or receive
from private sources at proper hours, food, clothing, bedding or other
necessaries, but subject to examination and to such other conditions as the
Superintendent may impose.
(2) The Superintendent may suspend any of the privileges outlined in this section
if any of the conditions imposed by him have not been complied with, or for
any disciplinary reason.
36 Prisoner of unsound mind
No prisoner who is a person of unsound mind shall be detained in any prison longer
than is necessary until his transfer to another more appropriate place can be
arranged.
37 Removal of sick prisoners to hospital
(1) In case of illness the officer in charge may order the removal of a prisoner to a
hospital.
(2) Any prisoner removed to hospital under the provisions of this section shall be
deemed to be under detention in the prison from which he was so removed.
(3) On receiving advice from the medical officer in charge of a hospital to which
a prisoner has been removed that he no longer is in need of hospital treatment
under this section the officer in charge shall arrange for the prisoner to be
returned to prison.
38 Notice of death of a prisoner to be given to Minister
On the death of a prisoner, notification shall be given to the Superintendent who
shall inform the Minister, and the prisoner’s next of kin.
Prisons Act CAP. 20.28 Section 39
2008 Revised Edition
Page 17
PART VI - WORK OF PRISONERS
39 Work
Every prisoner under sentence or imprisonment may be put to work within or
without the precincts of any prison and in any employment that may be prescribed.
40 Work of female prisoners
Female prisoners shall be employed only on such work as is suitable for women,
within or without the prison.
41 Civil prisoners and un-convicted prisoners not required to do work
Civil prisoners and prisoners other than convicted criminal prisoners shall be
required to keep their cells, precincts of cells, furniture, clothing, bedding and
utensils clear but shall not be required to work without their consent.
PART VII - EXTRAMURAL PUNISHMENT
42 Penal labour in lieu of imprisonment
(1) If a person is sentenced by any court to imprisonment for a term not
exceeding 3 months, or is liable to be committed to prison for a term not
exceeding 3 months for non-payment of a fine or costs, he may, before the
commitment or forthwith thereafter, declare to the court or to the officer in
charge of the prison in which he is detained, that he desires to undertake
public work outside the prison, unless he is excluded from so declaring by the
sentence of the court.
(2) If the executive officer for the Island on which the person is convicted is of
opinion that a person having made such a declaration can usefully be
employed in work outside the prison, such person shall not be imprisoned, or
if already imprisoned shall be released, and shall be employed under the
supervision of a police officer, public officer or other person as the executive
officer may appoint, and without remuneration, on such public work as may
be specified by the executive officer:
Provided that it shall not be obligatory for the executive officer to permit any
person to work outside a prison.
(3) The period during which such person shall work shall be equal to the term of
imprisonment to which he is sentenced or which he is liable to undergo. The
Section 43 CAP. 20.28 Prisons Act
2008 Revised Edition Page 18
daily task on which he shall be employed shall be such as, having regard to
his physical capacity, he can complete in 6 hours of labour.
(4) A person who has received permission to work outside the prison shall not be
required to work on Sundays, Christmas Day and Good Friday, but such days
shall count towards the completion of the term of his sentence.
(5) If a person who has received permission to work outside the prison fails to
present himself at the appointed hour, or absents himself from his task, or fails
to accomplish a day’s task, or is otherwise found to be unsatisfactory in his
conduct, the Executive Officer may forthwith order that he shall suffer the
imprisonment to which he is liable, subject, nevertheless, to a deduction of the
number of days on which he has completed the daily task, and he shall
thereupon be committed to prison accordingly.
(6) Any Court which has sentenced a person to extramural labour, or to
imprisonment and that person has undertaken extramural labour under this
section in lieu of imprisonment, may on its own motion examine the case of
that person, and satisfy itself that any provision is reasonable and that
extramural labour is being carried out properly, failing which it may order that
the person suffer imprisonment on the same basis as in the
preceding subsection.
PART VIII - OFFENCES BY PRISONERS
43 Prison offences
(1) A prisoner who commits any of the acts listed in schedule 2 to this Act
commits a prison offence and is subject to disciplinary measures.
(2) The Minister may, by, order, amend schedule 2.
44 Punishment of prisoners
Subject to section 46 the Superintendent or an officer in charge may after due
enquiry punish any prisoner guilty of a prison offence by: —
(a) penal diet, with cellular confinement, not exceeding 4 days;
(b) loss of remission not exceeding 28 days;
(c) deprivation of privileges;
(d) extra work not exceeding 1 hour a day for a period not exceeding 14
days,
or to any combination of such punishments:
Provided that prisoner serving a sentence of weekend detention may not be detained
for more than 48 hours each weekend.
Prisons Act CAP. 20.28 Section 45
2008 Revised Edition
Page 19
45 Punishment for aggravated or repeated offences
Subject to section 46, the Superintendent may, in the case of aggravated or repeated
offences, impose any of the following punishments —
(a) cellular confinement with or without penal diet, for a period not
exceeding 25 days;
(b) extra work not exceeding 1 hour a day for a period not exceeding 28
days;
(c) loss of remission not exceeding 90 days;
(d) deprivation of privilege;
or any combination of such punishments; Provided that —
(i) penal diet shall not exceed a continuous period of 5 days and an
interval of the same period shall elapse before a further period of
such penal diet;
(ii) cellular confinement if accompanied by penal diet shall not be
combined with any labour except at the request of the prisoner;
(iii) where a prisoner serving a sentence of weekend detention
commits repeated breaches of discipline the officer in charge
may bring the matter to the attention of the Court which
sentenced that prisoner, and seek a substituted sentence;
(iv) a court in substituting a sentence under the preceding subsection
shall have regard to the number of weekends detention which the
offender has served under the order being substituted.
46 Minister may review punishment
On a petition from a prisoner, the Minister may review any punishment imposed by
the Superintendent or officer in charge and may increase, reduce, vary or remit such
punishment.
47 Prisoner allowed to be heard in his defence
No prisoner shall be punished for an offence until he has had an opportunity of
hearing the charge against him and making his defence.
48 Punishment to be recorded on prisoner’s record
All punishments imposed on any prisoner shall be recorded on his prison record,
together with reasons for that punishment.
Section 49 CAP. 20.28 Prisons Act
2008 Revised Edition Page 20
PART IX - REMISSION SYSTEM
49 Remission of sentence
(1) Every convicted criminal prisoner sentenced to imprisonment whether by one
sentence or consecutive sentences for a period exceeding 1 month or to
weekend detention exceeding four weekends, may by industry and good
conduct earn a remission of up to one-third of his sentence:
Provided that nothing in this subsection shall authorise the reduction of any
period of imprisonment to a period less than 31 days, or to a period of
weekend detention of fewer than three weekends.
(2) For the purpose of giving effect to subsection (1), each prisoner on admission
shall be credited with the full amount of remission to which he would be
entitled and shall only lose such remission as a punishment for any offence
against prison discipline.
(3) The Minister on the recommendation of the Superintendent may restore
forfeited remission in whole or in part.
50 Periodical reports on certain prisoners
The Superintendent shall submit to the Minister, in such form as the Minister may
direct, a report on the general condition of every prisoner who is undergoing
imprisonment for life or for any term exceeding 4 years, or who is detained until Her
Majesty’s pleasure be known, following the completion of two years imprisonment,
and thereafter at two yearly intervals:
Provided however, that in the case of any prisoner who was under 21 years at the
time of the commission of the offence for which imprisonment was imposed, reports
shall be submitted annually or at more frequent intervals if the Minister so directs.
51 Licence to be at large
(1) The Minister may at any time if he thinks fit release a prisoner on licence
subject to such conditions, if any, as the Minister may from time to
time determine.
(2) The Minister may at any time by order recall to prison a prisoner released on
licence under this section, but without prejudice to the power of the Minister
to release him on licence again; and where any prisoner is so called his licence
shall cease to have effect and he shall, if at large, be deemed to be unlawfully
at large.
Prisons Act CAP. 20.28 Section 52
2008 Revised Edition
Page 21
PART X - DISCHARGE OF PRISONERS
52 Responsibility of officer in charge for discharge of prisoners
(1) The officer in charge shall be responsible for the due discharge of all
prisoners immediately upon their becoming entitled to release.
(2) All prisoners shall be discharged before noon on the date on which they are
entitled to be released, but should that date fall on a Sunday or any public
holiday they shall be released before noon on the preceding day except in the
case of a prisoner serving weekend detention in which case he shall complete
his sentence at the time when detainees are normally released in accordance
with any standing orders made by the Superintendent.
(3) A discharged prisoner may, if he so desires, be returned at Government
expense to his own island
PART XI – VISITS, COMMUNICATIONS AND VISITING
JUSTICES
53 Visits from friends and relatives
(1) The officer in charge may allow any convicted criminal prisoner to receive
once in every week the privilege of a visit from friends, numbering not more
than 3, in the sight and hearing of a prison officer; and no other visit, save
under section 57 shall be allowed as of right except by an order in writing
from the officer in charge or the Superintendent:
Provided that in the discretion of the officer in charge visiting rights may be
deferred during any period when a prisoner is subject to
disciplinary punishment.
(2) Notwithstanding any other provisions of this Act, the officer in charge may, in
his discretion, allow any prisoner to have with him in his cell books, a
reasonable quantity of periodicals, family photographs and small articles
employed in religious observance.
54 Communications by prisoners
(1) All prisoners shall be given reasonable opportunities of communicating with
their friends or legal advisers.
(2) Every visit paid by a friend or legal adviser to any such prisoner shall take
place within the sight of a prison officer.
Section 55 CAP. 20.28 Prisons Act
2008 Revised Edition Page 22
55 Visitors to prisons
The officer in charge, and any prison officer at his discretion, may demand the name
and address of every visitor to a prisoner and when the officer has any ground for
suspicion, he may search a visitor or cause him to be searched, but the search shall
not be made in the presence of any prisoner or of any other visitor and should any
visitor refuse to permit himself to be searched he shall be denied admission:
Provided that female visitors shall only be searched by and in the presence
of females.
56 Interviews of police officers with prisoners
Any police officer acting in the course of his duty may at any reasonable time,
interview any prisoner.
57 Visits by Ministers of religion
Ministers of religion may be admitted at all reasonable times to a prison to visit
prisoners and conduct services:
Provided that such visits do not cause unreasonable difficulties for the management
of the prison, or hinder the performance of duties by prisoners.
58 Appointment and powers of visiting justices
(1) The Minister may, from time to time, appoint by notice fit and proper persons
to be visiting justices of prisons.
(2) The Minister, the Chief Justice, magistrates and presidents of island courts are
ex officio visiting justices of every prison.
(3) A visiting justice may at any time visit a prison in respect of which he is a
visiting justice.
(4) Any visiting justice may —
(a) call for all books, papers and records relating to the management and
discipline of the prison;
(b) visit every part of the prison and see every prisoner in confinement;
(c) inspect and test the quality and quantity of prisoners’ food; and
(d) ascertain as far as possible that the regulations, rules and standing
orders are adhered to.
(5) Any visiting justice shall hear any complaint made to him by any prisoner and
shall make such recommendations thereon as may be necessary to the
Superintendent.
Prisons Act CAP. 20.28 Section 59
2008 Revised Edition
Page 23
(6) On the completion of the visit every visiting justice may enter in a book to be
kept for the purpose such remarks, suggestions or recommendations as he
may deem fit to make.
PART XII
59 Penalty for trafficking and loitering near prison
(1) Any person who brings, throws or by any means whatever introduces into any
prison or gives to or takes from any prisoner, any spirituous liquor, tobacco,
any intoxicating or poisonous drug, or any prohibited article whatsoever,
without lawful authority shall be liable to a fine of $100 or to imprisonment
for 6 months.
(2) The officer in charge shall cause to be affixed in a conspicuous place outside
the prison, a notice in English and Tuvaluan setting forth the acts prohibited
under this section and the penalties incurred by their commission.
(3) No unauthorised person may remain within the boundaries of any prison area
after having been instructed by the officer in charge to move and if he persists
he commits an offence and may be arrested and handed over to the police.
60 Harbouring prisoners
Any person who knowingly harbours in or about his house, lands or otherwise, or
who knowingly employs any person under sentence of imprisonment and illegally at
large commits an offence.
61 General penalty
Any person who contravenes or fails to comply with the provisions of this Act or of
any regulations made thereunder shall be guilty of an offence, and if no penalty is
specially provided, shall be liable on conviction to a fine of $100 and to
imprisonment for 6 months.
62 Power to prosecute under other law not to be affected
Nothing in this Act shall exempt any person from being prosecuted under any other
Act or law for the time being in force for any offence made punishable by this Act,
or from being liable under any other Act or law to any other or higher penalty or
punishment than is provided for such offence by this Act:
Provided that no person shall be tried twice for the same offence.
Section 63 CAP. 20.28 Prisons Act
2008 Revised Edition Page 24
PART XIII - WEEKEND DETENTION
63 Amendment to the Penal Code
The Penal Code3 is amended by inserting after section 26 of the following
new section.
“26A Weekend detention
(1) A person liable to imprisonment for an offence may be sentenced to a period
of weekend detention, being a specified number of consecutive weekends
during which he shall report to the officer in charge of a prison designated for
the purposes of weekend detention.
(2) No person shall be sentenced to fewer than four weekends of weekend
detention although the provisions for remission of sentence for prison
sentences shall apply to weekend detention in a like manner.
(3) A sentence of weekend detention is an additional disposal available to the
court and shall not in anyway reduce the options and powers available to any
court on the matter of sentencing.
(4) For the purposes of jurisdiction and sentencing one weekend of a period of
weekend detention shall be calculated as of like effect to seven days
imprisonment.
(5) A sentence of weekend detention shall for all purposes be regarded as a
sentence of imprisonment except that a person serving weekend detention
shall be released on Sunday evening unless by order of a court he is ordered to
be detained for a longer period.
(6) The Minister may make regulations for the implementation of weekend
detention orders, including the classification, management, discipline and
employment of persons sentenced to weekend detention in a like manner to
regulations under the Prisons Act 1985 and may provide for weekend
detention in such Prison Regulations.”
PART XIV - MISCELLANEOUS
64 Regulations
The Minister may make regulations providing for the following matters —
(a) the classification of prisoners into categories and their separation
accordingly;
(b) the safe custody, management, organisation, hours, mode and kind of
labour and employment, clothes, maintenance, instruction, discipline,
Prisons Act CAP. 20.28 Section 64
2008 Revised Edition
Page 25
treatment, restraint, correction and discharge of prisoners including
those sentenced to weekend detention;
(c) the provision of a suitable diet and dietary scale for prisoners according
to their age, race, state of health and kind of punishment being suffered;
and prescribing conditions under which such diet and scale may be
varied;
(d) the construction, description, equipment and supervision of cells and
work;
(e) the conditions of service, rates of pay, training and discipline of
subordinate officers;
(f) the duties and powers of visiting justices;
(g) the medical inspection of prisons and prisoners and the prevention of
contagious diseases in prisons;
(h) anything which by this Act mayor is to be prescribed and generally for
the effective administration of this Act or any amendments thereto, for
the good management and government of prisons and the prisoners
therein whether in, about or beyond the limits of such prisons.
SCHEDULE 1 CAP. 20.28 Prisons Act
2008 Revised Edition Page 26
SCHEDULE 1
(Section 19)
OFFENCES AGAINST PRISON DISCIPLINE
A subordinate officer commits a disciplinary offence if he —
1. strikes or uses or offers any violence against his senior in rank, or uses
threatening or insubordinate language to his senior in rank;
2. wilfully disobeys any lawful command;
3. is drunk while on duty, or drinks intoxicant while on duty, or renders himself
unfit for duty by the use of drugs or intoxicants;
4. absents himself without leave or wilfully overstays his leave;
5. sleeps at his post, or leaves it without authority, express or implied;
6. being under arrest or confinement leaves or escapes from his arrest or
confinement without authority;
7. idles when on duty;
8. neglects or refuses to assist in the apprehension of any prison officer or
prisoner whom it is his duty to arrest;
9. allows any prisoner to escape who is committed to his charge or whom it is
his duty to keep or guard;
10. strikes or bullies any person in his custody;
11. without cause fails to appear or appears late for duty;
12. pawns, sells, loses by neglect, makes away with, wilfully damages, or fails to
report any damage to any of the articles including clothing and stores supplied
to him, or any medal or decoration granted to him for service or good
conduct, or any Government property or any exhibit, or any lost, stolen or
unclaimed property committed to his charge;
13. solicits any gratuity or without the knowledge and permission of the
Superintendent accepts directly or indirectly any gratuity, present or reward
from any prisoner or any member of the public in respect of anything done by
him in the discharge of the duties of his office;
14. is slovenly, inattentive, uncivil, insolent, or quarrelsome;
16. does not keep his equipment or clothing clean;
16. without due authority discloses or conveys any information concerning any
investigation or departmental matter;
Prisons Act CAP. 20.28 SCHEDULE 1
2008 Revised Edition
Page 27
17. malingers or feigns or wilfully produces any disease or infirmity;
18. is guilty of wilful misconduct;
19. makes any false statement or withholds any information when making any
application to be employed as a subordinate officer;
20. refuses or by culpable neglect omits to make or send a report or return which
it is his duty to make or send;
21. makes any false statement in relation to his duties;
22. makes a false accusation against any prison officer or prisoner knowing, or
having good reason to believe, such accusation to be false;
23. engages without authority in any employment other than his duty as a prison
officer;
24. is unduly familiar with prisoners;
25. assists or connives with any prisoner in having or obtaining any prohibited
article or otherwise engages in such trafficking as may be defined by
regulation;
26. is guilty of any other act, conduct, disorder or neglect to the prejudice of good
order or discipline.
SCHEDULE 2 CAP. 20.28 Prisons Act
2008 Revised Edition Page 28
SCHEDULE 2
(Section 4)
OFFENCES AGAINST PRISON DISCIPLINE
A prisoner commits a prison offence if he —
1. quarrels with any other prisoner;
2. makes groundless complaints;
3. makes false charges or accusations against prison officers or prisoners;
4. answers untruthfully any question lawfully put to him by a prison officer, a
medical officer or an official visitor;
5. without authority holds unreasonable communication in writing, by word of
mouth, or otherwise, with any person unconnected with the prison, or with a
prisoner of the opposite sex, civil prisoner or prisoner awaiting trial;
6. does any act calculated to create unnecessary alarm in the minds of the
prisoners or prison officers;
7. omits or refuses to parade when required to do so;
8. unreasonably refuses the food provided;
9. eats or appropriates any food not assigned to him, or takes, or adds to, the
portion assigned to other prisoners;
10. without permission of a prison officer removes food from the cookhouses, or
from the place where meals are served, or disobeys any order as to the issue
and distribution of food and drink;
11. wilfully destroys food, or throws it away without orders;
12. introduces into food or drink anything likely to render it unpalatable or
unwholesome;
13. omits or refuses to wear the clothing given to him, or exchanges any portion
of it for the clothing of other prisoners; or loses, discards or damages any part
of it;
14. removes defaces or alters any distinctive number, mark attached to, or worn
on clothing;
15. omits or refuses to keep his person clean, or disobeys any order regulating the
cutting or shaving of hair;
16. omits or refuses to keep his clothing, bedding, or cell clean, or disobeys any
order as to the arrangement or disposition of such articles;
Prisons Act CAP. 20.28 SCHEDULE 2
2008 Revised Edition
Page 29
17. tampers in any way with prison locks, lamps or lights or other property with
which he has no concern;
18. steals prison clothing or any part of the prison kit of any other prisoner; .
19. defecates or urinates in any place other than a latrine;
20. defaces, injures, spits on, soils or damages any part of the prison or its
furniture and equipment;
21. wilfully causes himself any illness, injury or disability, or refuses to submit to
medical examination or undergo treatment;
22. causes or omits to assist the suppression of, violence or insubordination of any
kind;
23. takes part in any attack upon any prison officer or upon another prisoner;
24. omits or refuses to help any prison officer in case of an attempted escape;
25. disobeys any lawful order of a prison officer, or omits or refuses to perform
prescribed duties;
26. treats with disrespect any prison officer or servant of the prison, or any visitor,
or any person employed in connection with the prison;
27. is idle, careless, or negligent at work, or refuses to work;
28. leaves his appointed work place without permission;
29. has in his possession any article he is not entitled to have;
30. takes part in any criminal assault;
31. curses, swears, or makes unnecessary noise;
32. uses immoral, disorderly, or indecent behaviour;
33. uses insulting, threatening, insolent or indecent language;
34. malingers;
35. escapes or conspires to escape or assists another prisoner to escape;
36. aids or abets or counsels or procures the commission of any prison offence;
37. mutinies or incites others to mutiny;
38. does any other act, or neglects to do any act to the prejudice of good order or
discipline not specified in this section.
ENDNOTES CAP. 20.28 Prisons Act
2008 Revised Edition Page 30
ENDNOTES
1 1990 Revised Edition, Cap. 72 – Act 10 of 1985
2 LN 27/85
3 Cap. 10.20
