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Fiji Consolidated Legislation |
Repealed by Prisons and Corrections Act 2006
LAWS OF FIJI
CHAPTER 86
PRISONS
TABLE OF PROVISIONS
PART I-PRELIMINARY
SECTION
1. Short title
2. Interpretation
PART II-ESTABLISHMENT OF PRISONS
3. Establishment of prisons
4. Temporary prisons
PART III-CONSTITUTION AND ADMINISTRATION
5. Constitution of the Fiji Prisons Service
6. Application of Act to existing prison officers
7. Officers of the Prisons Service
8. General powers of Controller
9. Deputy Controller may exercise powers of Controller
10. Appointment of supervisors of prisons
PART IV-APPOINTMENT, SERVICE AND DISCHARGE
11. Appointment of officers
12. Subordinate officers
13. Resignation of officers
14. Prolongation of service in case of war, etc.
15. Discharge
16. Equipment to be delivered up on ceasing to be an officer of the Prisons
Service
PART V-POWERS AND DUTIES OF OFFICERS OF THE
PRISONS SERVICE
17. Controller to inspect all prisons
18. Powers and duties of officers
19. Officers always liable for duty
20. Officers not to engage in private employment or to receive gratuities
21. Use of arms against any prisoner in case of escape or outbreak
22. Officers may be deemed police officers in certain cases
23. Entry of cells at night
24. Power to take photographs and fingerprints, etc.
25. Non-liability for act done under authority of a warrant
PART VI-DISCIPLINE OF OFFICERS OF THE PRISONS SERVICE
26. Suspension or interdiction of senior officers
27. Interdiction of junior officers and subordinate officers
28. Offences by officers of the Prisons Service
29. Offences against discipline
30. Trial of offences against discipline
31. Review by Controller
32. Special proceedings in certain cases
33. Powers of tribunals
34. Controller may suspend punishment
35. Procedure in cases of grave or repeated offences
36. Dismissal and reduction in rank on account of convictions
37. Fines to be recovered by stoppage of pay
38. Loss or damage to arms and equipment to be made good by stoppage of pay
39. Pay not to accrue during absence without leave or imprisonment
40. Establishment of the Prisons Service Welfare Fund
41. Officers of the Prisons Service not to join certain associations
PART VII-MEDICAL OFFICERS
42. Appointment and general duties of Medical Officers
43. Medical examination of prisoners
PART VIII-VISITING JUSTICES AND VISITING COMMITTEES
VISITING JUSTICES
44. Appointment of visiting justices
45. Powers of visiting justice
46. Visiting justice may summon witnesses
OFFICIAL VISITORS
47. Appointment of official visitors as visiting committees, and powers of official visitors
PART IX-ADMISSION AND CONFINEMENT OF PRISONERS
48. Admission of prisoners
49. Prisoner to be informed of right of appeal
50. Female prisoners
PART X-CUSTODY AND REMOVAL OF PRISONERS
51. Restraints
52. Prisoners deemed to be in lawful custody
53. Prisoner to be brought before a court of justice
54. Controller may direct prisoners to be moved to other prison
55. Removal of prisoners when in danger of disease
56. Removal of prisoners when suffering from mental disorders
57. Removal of sick prisoners to hospital
58. Prisoners in hospital deemed to be in lawful custody
59. Officers to take precautions to prevent escape
60. Power to return prisoners to prison
PART XI-EXTRAMURAL PUNISHMENT
61. Nature of extramural punishment
PART XII-LABOUR OF PRISONERS
62. Prisoners may be given labour within or outside prison
PART XIII-REMISSION OF SENTENCES
63. Prisoners may earn remission and forfeited remission may be restored
64. Controller to report to Minister
PART XIV-COMPULSORY SUPERVISION ORDERS
65. Compulsory supervision orders
66. Revocation or cancellation of order
67. Effect of cancellation or revocation
68. Duplicate orders
69. Licences granted prior to 21st April 1969
PART XV-MAINTENANCE
70. Maintenance of certain prisoners from private sources
PART XVI-PROHIBITED ARTICLES
71. Examination of articles taken in or out of prison
72. Prohibited articles and communications with prisoners
73. Power of officer of Prisons Service to arrest
74. Publication of penalties
75. Trespassing
76. Unlawful possession of prison articles
PART XVII-INCITING AND HARBOURING
77. Incitement and abetting of desertion
78. Incitement of mutiny or sedition
79. Harbouring or employing, or assisting a prisoner
PART XVIII-PRISONERS UNDER SENTENCE OF DEATH
80. Supervision of prisoners under sentence of death
PART XIX-DEATH OF PRISONERS
81. Death to be reported to medical officer and visiting justice
PART XX-DISCIPLINE OF PRISONERS
82. Prison offences
83. Trial of prison offences
84. Punishment of prisoners for certain offences
85. Extramural offences
86. Review by Controller
PART XXI-DISCHARGE OF PRISONERS
87. Officer in charge responsible for discharge of prisoners
PART XXII-MISCELLANEOUS
88. Regulations
------------------------------
Ordinances Nos. 21 of 1964, 34 of 1965, 20 of 1968,
Orders* 10th July 1970, 7th October 1970,
Acts Nos. 19 of 1974, 14 of 1975, 25 of 1980
* See Legal Notices Nos. 71 and 112 of 1970.
AN ACT TO MAKE PROVISION FOR THE BETTER REGULATION OF
PRISONS AND PERSONS EMPLOYED THEREIN
[1 January 1966]
PART I-PRELIMINARY
Short title
1. This Act may be cited as the Prisons Act.
Interpretation
2. In this Act, unless the context otherwise requires:-
"civil prisoner" means any prisoner other than a criminal prisoner;
"Controller" means the Controller of Prisons and includes the Deputy Controller of Prisons;
"convicted" means convicted by any court exercising criminal jurisdiction;
"criminal prisoner" means any prisoner duly committed to custody under a writ, warrant or order of any court exercising criminal jurisdiction;
"junior officer" means any officer of the Prisons Service, other than a subordinate officer, whose appointment has not been gazetted;
"medical officer" means the person appointed under the provisions of section 44 to be the medical officer for any prison;
"officer in charge" means the officer of the Prisons Service appointed by the Controller to be in charge of a prison;
(Substituted by Ordinance 20 of 1968, s. 2.)
"official visitor" means and includes any person so appointed pursuant to the provisions of this Act;
"other persons employed in the prisons" includes executive officers, clerks, storekeepers and other persons not included in the other definitions contained in this section, whether pensionable or not pensionable, and other persons who, from time to time, may be employed in the prisons as such;
"police officer" means a member of the Royal Fiji Police Force;
"prisoner" means and includes any person, whether convicted or not, under detention in any prison, or being taken to or from any prison in which he may be lawfully detained;
"progressive stage system" means such system as may be prescribed for the award by stages of privileges to prisoners;
(Inserted by Ordinance 20 of 1968, s. 2.)
"prohibited article" means any article the introduction or removal of which into or from a prison is prohibited by the provisions of this Act;
"senior officer" means and includes any officer of the Prisons Service whose appointment is gazetted;
"sentence" means any continuous period of imprisonment imposed on a convicted criminal prisoner, whether as a result of one or more orders of any court or courts;
subordinate officer" means and includes any officer of the Prisons Service, whether male or female, whom the Minister may from time to time declare to be a subordinate officer;
(Amended by Order 7th October 1970*.)
"superior" or "superior officer" when used in relation to any act done or thing suffered by an officer of the Prisons Service, means an officer of the Prisons Service senior in rank to the officer of the Prisons Service doing the act or suffering the thing;
"supervisor" means an officer of the Prisons Service appointed by the Controller to be the supervisor of any or all prisons in any Division or Divisions;
(Substituted by Ordinance 34 of 1965, s. 2 and amended by Ordinance 20 of 1968, s. 2.)
"the Prisons Service" means the Fiji Prisons Service established under the provisions of this Act;
"tribunal" means a person empowered under any of the provisions of this Act to try offences;
"unsound mind" and "unsoundness of mind" includes mental disorders and sickness of the mind of any kind whether of a temporary or a permanent nature;
(Inserted by Act 19 of 1974, s. 2.)
"visiting committee" means a visiting committee appointed under the provisions of this Act;
"visiting justice" means a visiting justice appointed under the provisions of this Act.
PART II-ESTABLISHMENT OF PRISONS
Establishment of prisons
3.-(1) The Minister may, by notice in the Gazette, declare any place or building or portion of a building in Fiji, to be a prison under
the provisions of this Act, and may, in a like manner, declare that any such prison shall cease to be prison.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) The places and buildings which at the commencement of this Act are in use as prisons shall be deemed to be prisons within the meaning of this Act.
Temporary prisons
4. Whenever it appears to the Controller that the number of prisoners in any prison is greater than can be conveniently kept therein,
and that it is not convenient to transfer the excess number to some other prison, or by reason of the outbreak of epidemic disease
within any prison, or for any other reason, it is desirable to provide for the temporary shelter and the safe custody of any prisoners,
provision shall be made as the Controller, with the approval of the Minister, may direct for the shelter and safe custody in temporary
prisons of such number of prisoners as the Controller may determine and every such temporary prison shall be deemed to be a prison
for the purposes of this Act.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
PART III-CONSTITUTION AND ADMINISTRATION
Constitution of the Fiji Prisons Service
5. There is hereby established in Fiji a Prisons Service to be known as the Fiji Prisons Service.
Application of Act to existing prison officers
6. The provisions of this Act shall extend to all persons who, at the commencement of this Act are serving as officers of the Prisons
Department under the provisions of the *Prisons Ordinance, as if such persons had been appointed under the provisions of this Act,
and service under such Act shall, for the purposes of this Act, be deemed to be service under the provisions of this Act.
(Cap. 60, 1955 Edition)
* Repealed by this Act.
Officers of the Prisons Service
7. The officers of the Prisons Service shall consist of such ranks as may be prescribed by the Minister by notice in the Gazette.
(Amended by Order 7th October 19701.)
General powers of controller
8.-(1) The Controller shall, subject to the orders and directions of the Minister have the administrative command and direction of
all prisons and officers of the Prisons Service, other than any power to appoint persons to hold or act in any office in the Service
or to exercise disciplinary control over persons holding or acting in such offices or to remove such persons from office unless delegated
to him by the Public Service Commission.
(Substituted by Order 10th July 1970++ and amended by Order 7th October 1970+.)
+ See Legal Notice No. 112 of 1970.
++ See Legal Notice No. 71 of 1970.
(2) The Controller may, subject to the provisions of this Act, from time to time make orders for observance by all officers of the
Prisons Service.
(Amended by Act 14 of 1975, s. 18.)
(3) The Controller shall have the control of all prisoners and may allocate them to such prison or prisons as he sees fit.
Deputy Controller may exercise powers of Controller
9. Any act or thing which may be done or performed by the Controller may, subject to any orders or directions of the Controller, be done or performed by the Deputy Controller.
Appointment of supervisors of prisons
10.-(1) The Controller may appoint such officer or officers of the Prisons Service as he thinks fit to be the supervisor of any or all prisons in any Division or Divisions.
(2) Every officer of the Prisons Service appointed under the provisions of subsection (1) shall, subject to the directions and orders of the Controller, have the supervision and control of such prison or prisons and be responsible to the Controller for the conduct and treatment of all officers of the Prisons Service and prisoners in or attached to such prison or prisons and for the due observance by all such officers and prisoners of the provisions of this Act.
(3) The Controller may exercise all or any of the powers conferred by this Act on any supervisor and may perform all or any of the
duties prescribed for him.
(Amended by Ordinance 34 of 1965, s. 3 and 20 of 1968, s. 3.)
PART IV-APPOINTMENT, SERVICE AND DISCHARGE
Appointment of officers
11.-(1) Senior officers shall be appointed by the Public Service Commission.
(Substituted by Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
(2) All officers of the Prisons Service, other than senior officers, may, subject to the provisions of any delegation made by the
Public Service Commission, be appointed by the Controller.
(Substituted by Order 10th July 1970 and amended by Act 19 of 1974, s. 3.)
(3) Every officer of the Prisons Service shall, on joining the Prisons Service, make before the Controller or a senior officer, a declaration on oath or affirmation in the form prescribed.
(4) When in any prison the number of subordinate officers employed is insufficient to secure the good management and government thereof, it shall be lawful for the Controller to employ temporarily such number of persons as he may consider necessary to perform the duties of subordinate officers in such prison. Every such person, whilst so employed, shall have all the powers and perform all the duties of a subordinate officer in such prison, and for the purposes of the provisions of this Act shall be deemed to be a subordinate officer.
(5) Where any female prisoner is confined in any prison to which a female subordinate officer has not been appointed, or in which the number of female subordinate officers is insufficient, the officer in charge may, subject to the approval of the Controller, employ temporarily such female person or persons as he deems fit to carry out the duties of a female subordinate officer at that prison in respect of that female prisoner for such time as may be required and for the purposes of the provisions of this Act any such person or persons so appointed shall be deemed to be a subordinate officer.
Subordinate officers
12. Every subordinate officer, other than a person temporarily employed in any prison pursuant to the provisions of subsections (4) or
(5) of section 11, shall be enlisted to serve in the Prisons Service for such period of years as may be fixed by the Minister and this period of service
shall, in all cases, be reckoned from the day on which such officer was enrolled.
(Amended by Order 7th October 1970+.)
+See Legal Notice No. 112 of 1970.
Resignation of officers
13. No officer of the Prisons Service appointed by the Controller shall be at liberty to resign or withdraw from the Prisons Service without the consent in writing of the Controller.
Prolongation of service in case of war, etc.
14. Any officer of the Prisons Service whose period of service expires during a state of war, insurrection or hostilities may be retained
and his service prolonged for such period, not exceeding six months after the cessation of such state of war, insurrection or hostilities,
as the Public Service Commission may direct.
(Amended by Order 10th July, 1970.*)
Discharge
15.-(1) Subject to subsection (3) any officer of the Prisons Service other than a senior officer may be discharged by the Controller at any time-
(a) if he is pronounced by a Government medical officer to be mentally or physically unfit for further service;
(b) on reduction of establishment;
(c) if the Controller considers that he is unlikely to become, or has ceased to be, an efficient officer.
(Amended by Ordinance 20 of 1968 s. 4, Order 10th July 1970* and Act 19 of 1974, s. 4)
(2) Every officer of the Prisons Service discharged under the provisions of subsection (1) shall be given one month's notice of intention to discharge him from the Prisons Service or at the option of the Controller one month's pay in lieu of such notice.
(3) Where it is considered that any such officer should be so discharged, he shall be so informed and told that-
(a) any representations made in writing by him within fourteen days, will be forwarded to the Secretary of the Public Service Commission, accompanied by all relevant papers and records for a decision to be made by the Commission; and that
(b) if he makes no representations within fourteen days, he shall be discharged in the manner prescribed by this section.
(Inserted by Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
Equipment to be delivered up on ceasing to be an officer of the Prisons Service
16. Any officer of the Prisons Service who, having ceased to be an officer of such Service, does not forthwith after he shall have ceased to be an officer of such Service, deliver up to the person appointed by the Controller for that purpose, all arms, ammunition, equipment, clothing and appointments whatsoever which have been supplied to him and are the property of the Government, shall be guilty of an offence and liable to a fine not exceeding $40 or to imprisonment for a period not exceeding three months or to both such fine and imprisonment:
Provided that, at the discretion of the Controller, any such officer may, instead of delivering up any of such articles, make payment therefor in such amount as may be determined by the Controller.
PART V-POWERS AND DUTIES OF OFFICERS OF THE
PRISONS SERVICE
Controller to inspect all prisons
17. The Controller shall visit and inspect, or cause to be inspected, all prisons in Fiji, at such times as he may deem necessary.
Powers and duties of officers
18. Every officer of the Prisons Service shall exercise such powers and perform such duties as may be prescribed, and shall obey all lawful directions in respect of the execution of his office which he may from time to time receive from his superiors in the Prisons Service.
Officers always liable for duty
19. Every officer of the Prisons Service shall be deemed to be on duty at all times and may at any time be detailed for duty in any part of Fiji.
Officers not to engage in private employment or to receive gratuities
20. No officer of the Prisons Service shall-
(a) without the consent of the Public Service Commission, engage in any employment or office whatsoever other than in accordance with his duties under this Act, or have any interest, direct or indirect, in any contract for the supply of any article to any prisoner or for the use of any prisoner or for use in any prison;
(Amended by Ordinance 34 of 1965, s. 4 and Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
(b) receive any fee or gratuity from any prisoner, visitor to any prison, person whom he knows to be an ex-prisoner, or any friend of any prisoner; or
(c) have any business dealings with any prisoner.
Use of arms against any prisoner in case of escape or outbreak
21.-(1) Any officer of the Prisons Service may use arms against any prisoner who is-
(a) escaping or attempting to escape:
Provided that resort shall not be had to the use of arms unless such officer has reasonable cause to believe that he could not otherwise prevent the escape;
(b) engaged in any combined outbreak or in any attempt to force or break open any door, gate, enclosure, wall or fence of a prison, and such officer may continue to use such arms so long as such outbreak or attempt is being actually prosecuted:
Provided that resort shall not be had to the use of arms unless such officer has reasonable cause to believe that he could not otherwise prevent such outbreak or attempt.
(2) Any officer of the Prisons Service may use arms against any prisoner who is using violence to any other officer of the Prison Service, or other person:
Provided that such officer has reasonable grounds to believe that such other officer or other person is in danger of grievous bodily harm.
(3) Before using arms against a prisoner under the authority contained in paragraph (a) of subsection (1) or in subsection (2), an officer of the Prisons Service shall warn such prisoner that he is about to fire on him.
(4) No officer of the Prisons Service shall, in the presence of any superior officer, use arms of any sort against a prisoner under the authority of subsection (1), except under the express orders of such superior officer.
(5) The use of arms under the provisions of this section shall be, as far as possible, to disable and not to kill.
Officers may be deemed police officers in certain cases
22.-(1) For the purpose of conveying any prisoner to or from a prison, or in the performance of apprehending any person who may have escaped while being conveyed to or from a prison, every officer of the Prisons Service, while engaged in any such duty, shall have all the powers, protections and privileges of a police officer.
(2) Every senior officer shall have all of the powers, protections and privileges conferred upon a police officer under the provisions
of the Penal Code to make a proclamation commanding rioters, or persons riotously assembled within or in the vicinity of any prison, to disperse, and,
for the purposes of dispersing and apprehending such persons, every officer of the Prisons Service shall have all of the powers,
protections and privileges of a police officer, and for such purposes shall be deemed to be a police officer.
(Cap. 17.)
Entry of cells at night
23. Except in the case of sickness or emergency, no officer of the Prisons Service shall enter a prisoner's cell at night, unless accompanied by another officer of the Prisons Service.
Power to take photographs and fingerprints, etc.
24.-(1) The officer in charge may cause photographs, descriptions, measurements, fingerprints, palmprints and footprints of any criminal prisoner to be taken by any officer of the Prisons Service whom he may designate for such purpose, and recorded in such manner as may be prescribed.
(2) The provisions of section 18 of the Police Act shall, so far as they are applicable, apply to the taking of photographs, descriptions, measurements, fingerprints, palmprints and
footprints under the provisions of this section, and the officer required to take them shall, for such purpose, be deemed to be a
police officer.
(Cap. 85.)
(3) Except in accordance with the provisions of subsections (1) and (2) it shall be an offence for any person to photograph or to
cause to be photographed any prisoner without the prior approval in writing of the Controller and any person shall on conviction
for such an offence be liable to a fine not exceeding $200.
(Inserted by Act 19 of 1974, s. 5.)
Non-liability for act done under authority of a warrant
25.-(1) Where the defence to any suit instituted against an officer of the Prisons Service is that the act complained of was done in obedience to a warrant purporting to be issued by a judge, magistrate or justice of the peace, the court shall, upon production of the warrant containing the signature of the judge, magistrate or justice of the peace, and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of such officer of the Prisons Service.
(2) No proof of the signature of such judge, magistrate or justice of the peace shall be required unless the court has reason to doubt the genuineness thereof, and where such signature is proved not to be genuine, judgment shall nevertheless be given in favour of such officer if it be proved that, at the time when the act complained of was committed, he believed, on reasonable grounds, that such signature was genuine.
PART VI-DISCIPLINE OF OFFICERS OF THE PRISONS SERVICE
Suspension or interdiction of senior officers
26. A senior officer suspended or interdicted shall not, by reason of such suspension or interdiction, cease to be a member of the Prisons Service:
Provided that the powers, privileges and benefits vested in him as an officer of the Prisons Service shall be in abeyance during the
period of such suspension or interdiction, but he shall remain subject to the same responsibilities, discipline and penalties, and
to the same authority as if he had not been suspended or interdicted.
(Amended by Ordinance 34 of 1965, s. 6. and Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
Interdiction of junior officers and subordinate officers
27.-(1) The Controller may interdict from duty any junior officer or subordinate officer pending the trial of any offence, whether under the provisions of this Act or before a court, and pending the determination of any appeal.
(2) An officer interdicted from duty under the provisions of this section shall not, by reason of such interdiction, cease to be a member of the Prisons Service:
Provided that the powers, privileges and benefits vested in him as a member of the Prisons Service shall, during his interdiction,
be in abeyance, but he shall remain subject to the same responsibilities, discipline and penalties and to the same authority as if
he had not been interdicted.
(Amended by Ordinance 34 of 1965, s. 7.)
(3) An officer interdicted from duty under the provisions of this section shall not, save as is hereinafter provided, be entitled to receive any pay in respect of the period of such interdiction:
Provided that-
(a) he shall be allowed to receive such portion of his pay not being less than three-quarters, as the Controller may think fit;
(b) if the proceedings against any such officer do not result in the dismissal of the officer, he shall be entitled to the full amount of the emoluments which he would have received if he had not been interdicted.
Offences by officers of the Prisons Service
28.-(1) Any officer of the Prisons Service who-
(a) begins, excites, causes or joins any mutiny or sedition within the Prisons Service or in any prison, or does not use his utmost endeavours to suppress any such mutiny or sedition, or conspires with any other person to cause any such mutiny or sedition, or being cognisant of any mutiny or sedition or intended mutiny or sedition, does not without delay give information thereof to his superior officer;
(b) deserts;
(c) persuades, procures or assists any other officer of the Prisons Service to desert;
(d) knowing that any officer of the Prisons Service has deserted or intends to desert does not without delay give information thereof to his superiors; or
(e) strikes or offers violence to his superior officer being in the execution of his duty,
shall be guilty of an offence and shall be liable to imprisonment for five years.
(2) No officer of the Prisons Service shall be found guilty of desertion unless the court is satisfied that there was intention on the part of that officer not to return to the Prisons Service.
(3) Any officer of the Prisons Service who has reasonable grounds for believing that any person is a deserter from the Prisons Service may apprehend him without warrant and deliver him into the custody of a police officer.
Offences against discipline
29. Any officer of the Prisons Service, other than a senior officer, who commits any offence against discipline as may be prescribed under the provisions of this Act shall be liable to suffer punishment in accordance with the provisions of this Act:
Provided that-
(a) nothing in this connection shall be construed to exempt any such officer from being proceeded against for any offence by any other process of law;
(b) save as is expressly provided under the provisions of this Act, no such officer shall be punished twice for the same offence.
Trial of offences against discipline
30.-(1) For the purpose of the trial of offences against discipline under the provisions of this Act, there shall be the following tribunals who shall be subject to the provisions of section 32:-
A. The Controller, who shall have power to impose any of the following punishments or any combination thereof:-
(a) in the case of a junior officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) fine not exceeding seven days' pay;
(v) reduction in rank;
(vi) dismissal;
(b) in the case of a subordinate officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) confinement to the precincts of the prison, either with or without extra duties, for any period not exceeding fourteen days;
(v) fine not exceeding seven days' pay;
(vi) reduction in rank or grade;
(vii) dismissal.
(Amended by Ordinance 34 of 1965, s. 8 and 20 of 1968, s. 5.)
B. A supervisor or senior officer, who shall have power to impose any of the following punishments or any combination thereof:-
(a) in the case of a junior officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv) fine not exceeding five days' pay;
(b) in the case of a subordinate officer-
(i) admonishment;
(ii) reprimand;
(iii) severe reprimand;
(iv)confinement to the precincts of the prison, either with or without extra duty, for any period not exceeding seven days;
(v) fine not exceeding five days' pay.
(Amended by Ordinance 20 of 1968 s. 5 and Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
(2) No officer of the Prisons Service shall be convicted of an offence against discipline unless the charge has been read and investigated in his presence and he has been given sufficient opportunity to make his defence thereto.
Review by Controller
31.-(1) The Controller shall have power to review all proceedings heard by any supervisor or senior officer under the provisions of this Part.
(2) Upon such review, the Controller, if he thinks that such proceedings ought to be revised, shall have power-
(a) to quash the finding;
(b) to alter the finding and find the accused guilty of another offence;
(c) with or without altering the finding-
(i) to reduce or increase the punishment;
(ii) with or without such reduction or increase, to alter the nature of the punishment;
(d) to remit the proceedings to the supervisor or senior officer who heard them or to another supervisor or senior officer for rehearing:
Provided that the Controller shall not increase any punishment without giving the accused an opportunity of being heard.
(3) The Controller shall not exercise his powers under this section in any case where an appeal has been lodged and the exercise of
such powers shall in all cases be subject to the provisions or conditions of any delegation made to the Controller by the Public
Service Commission.
(Substituted by Act 19 of 1974 s. 6.)
Special proceedings in certain cases
32. Where it is considered that a junior or subordinate officer should be removed from office or reduced in rank or grade, he shall be so informed at the conclusion of the hearing by the tribunal and told that-
(a) any representations made in writing by him within fourteen days, will be forwarded to the Secretary of the Public Service Commission, accompanied by all relevant papers and records for a decision to be made by the Commission; and that
(b) if he makes no representations within fourteen days, he shall be removed from office or reduced in rank or grade, as the case may be, accordingly.
(Substituted by Order 10th July, 1970*.)
Powers of tribunals
33.-(1) Every tribunal shall have power to summon and examine witnesses on oath or affirmation and to require the production of all relevant
documents and to adjourn any hearing from time to time.
(Substituted by Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
(2) Any person summoned as a witness under subsection (1) who fails to attend at the time and place mentioned in the summons, or on any adjournment, or refuses to answer any question that is lawfully put to him, shall be guilty of an offence and shall be liable on conviction before a magistrate to a fine not exceeding $10 or to imprisonment for one month:
Provided that no such witness shall be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.
Controller may suspend punishment
34.-(1) Subject to the provisions of this section, any punishment awarded under section 30 may be suspended by the Controller for such period not exceeding six months, as he may determine.
(2) Where any punishment has been suspended under the provisions of this section, the Controller shall, at the expiration of the period of suspension, review the case, taking into consideration such reports on the conduct of the offender during the period of suspension as shall be available and may thereupon order the punishment to be remitted or reduced, in which case he shall cause any entry relating to the offence which has been made in the records of the offender to be expunged or altered, as the case may be, or he may order the punishment to be forthwith carried into execution:
Provided that-
(a) if, during a period of suspension, the offender is convicted of a further offence against discipline, the suspended punishment shall forthwith be carried into execution, and if punishment of confinement to the precincts of any prison has been awarded in respect of both offences, such punishment shall run consecutively;
(b) if, during the period of suspension the offender is convicted of a further offence as aforesaid, the second punishment shall not be suspended.
(3) The provisions of this section shall not affect the lodging and hearing of an appeal.
Procedure in cases of grave or repeated offences
35. In any case where it appears to the supervisor or senior officer who is inquiring into an alleged offence against discipline, that
the offence alleged to have been committed would not, by reason of its gravity, or by reason of previous offences, or for any other
reason, be adequately punished by any of the punishments that he is empowered to impose by section 30 such supervisor or senior officer
shall, without recording any finding, stay the proceedings and transmit the proceedings to the Controller. The Controller may hear
and determine the case himself or direct that it be dealt with by the supervisor or senior officer who transmitted it, or by any
other supervisor or senior officer.
(Amended by Ordinance 20 of 1968, s. 7.)
Dismissal and reduction in rank on account of convictions
36. Subject to and in accordance with the provisions of section 32, the Controller may reduce in rank or grade or may dismiss from the
Prisons Service, any officer other than a senior officer who has been convicted by any court in respect of any offence, unless such
officer has successfully appealed from such conviction.
(Substituted by Order 10th July 1970*.)
* See Legal Notice No. 71 of 1970.
Fines to be recovered by stoppage of pay
37.-(1) All fines imposed on an officer of the Prisons Service in respect of offences under the provisions of this Act may be recovered by stoppage of the officer's pay due at the time of committing such offence and thereafter accruing due.
(2) The amount of stoppage in respect of any fine, or for any other cause authorised by the provisions of this Act, shall be in the discretion of the Controller, but shall in no case exceed one-half of the offender's monthly pay; and whenever more than one order of stoppage is in force against the same person, so much only of his pay shall be stopped as shall leave him a residue of at least one-half of his monthly pay.
(3) When more than one order of stoppage is made against the same person, the orders later in date shall, if necessary, be postponed as to their enforcement until the earlier orders have been discharged.
Loss or damage to arms and equipment to be made good by stoppage of pay
38. If any officer of the Prisons Service, other than a senior officer, pawns, sells, loses by neglect, makes away with or wilfully or by neglect damages any arms, ammunition, equipment, clothing or other appointments supplied to him, or any other public 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.
Pay not to accrue during absence without leave or imprisonment
39. No pay shall accrue to any officer of the Prisons Service, other than a senior officer, in respect of any period exceeding twenty-four hours during which he is absent from duty without leave, or is undergoing any sentence of imprisonment:
Provided that in any case the Controller may, in his discretion, authorise the payment of such proportion of pay, not being more than one-half, as he may think fit.
Establishment of the Prisons Service Welfare Fund
40.-(1) All fines imposed under the provisions of this Act for any offence against discipline shall be paid to the Chief Accountant, to be placed to the credit of a fund to be called the Prisons Service Welfare Fund.
(2) No payment shall be made from the Prisons Service Welfare Fund except upon the authority of the Controller.
(3) The Controller may, in his discretion, sanction payments from the Prisons Service Welfare Fund for any of the following purposes:-
(a) assistance to the wives and families of deceased officers of the Prisons Service, other than senior officers, or to any such officer discharged from the Prisons Service as mentally or physically unfit for further service;
(b) payments to officers of the Prisons Service, other than senior officers, as rewards for meritorious acts or service in the execution of duty, if such payments are not made from public funds;
(c) procuring comforts, conveniences, or other advantages not chargeable to public revenue for officers of the Prisons Service who are serving, or who have retired on pension or gratuity;
(d) any other purpose which the Controller considers to be for the general welfare of officers of the Prisons Service.
Officers of the Prisons Service not to join certain associations
41.-(1) It shall not be lawful for an officer of the Prisons Service to become or to be, a member of a trade union or an industrial association
as defined in the Trade Unions Act or the Industrial Association Act, or of any association having for its objects or one of its objects, to control or influence the
pay or conditions of service of the Prisons Service.
(Cap. 96.) (Cap. 97.)
(2) Any officer of the Prisons Service contravening any of the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding $100.
(3) For the purpose of enabling officers of the Prisons Service to bring to the notice of Government any matter affecting their welfare
and efficiency, other than questions of discipline or promotion, the Minister may, as he thinks fit, by order, establish and provide
for the regulation of one or more prison officers' associations, and nothing in the provisions of subsections (1) and (2) shall be
deemed to prohibit an officer of the Prisons Service from joining and being a member of an association so established.
(Amended by Ordinance 34 of 1965, s. 11 and Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(4) Notwithstanding the provisions of subsections (1) and (2), it shall be lawful for an officer of the Prisons Service, until such
time as there is established under subsection (3), a prison officers' association of which he may be a member, to join and be a member
of any association of civil servants for the time being approved by the Minister by notice in the Gazette.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
PART VII-MEDICAL OFFICERS
Appointment and general duties of Medical Officers
42.-(1) In each prison the medical officer shall be a registered medical practitioner or medical officer in the service of the Government or any other suitably qualified person and shall be appointed by the Permanent Secretary for Health.
(2) The medical officer shall perform such duties as may be prescribed and, subject to the control of the officer in charge, shall have the general care of the health of prisoners.
(3) The medical officer shall report to the officer in charge any circumstances connected with the prison or the treatment of prisoners which at any time appear to him to require consideration on medical grounds.
(4) In addition to any other visits which he may be required to make in carrying out his duties under the provisions of this Act, the medical officer shall, unless prevented by illness or other sufficient cause, visit the prison at least once every week:
Provided that when there is no resident medical officer appointed to Suva Prison the medical officer shall visit that prison at least three times in every week.
Medical examination of prisoners
43.-(1) The officer in charge shall ensure that every prisoner is medically examined by the medical officer on admission and discharge, and until so examined every prisoner, on admission, shall, so far as is possible, be kept apart from other prisoners.
(2) The medical officer shall observe the mental and physical condition of all prisoners under sentence of death or charged with a
capital offence, and for this purpose shall examine all such prisoners on every day on which he visits the prison, and, subject to
the directions of the Controller, shall furnish to the officer in charge, such reports on the mental and physical condition of such
prisoners as he may consider necessary or advisable.
(Amended by Ordinance 34 of 1965, s. 12.)
(3) The medical officer shall ensure that every prisoner in solitary confinement shall be medically examined on every day on which he visits the prison.
(4) The medical officer shall ensure that every prisoner in hospital shall, if possible, be medically examined daily.
(5) The officer in charge may order any prisoner to be medically examined as often as he thinks necessary and any prisoner shall be medically examined at his own request.
PART VIII-VISITING JUSTICES AND VISITING
COMMITTEES
VISITING JUSTICES
Appointment of visiting justices
44. The most senior magistrate assigned to any Division shall be the visiting justice of every prison situated in the Division to which he is assigned and shall, unless prevented by illness or other sufficient cause, visit every prison in such Division at least once in every week:
Provided that he may, with the concurrence of the Commissioner for such Division, designate any other magistrate exercising jurisdiction in such Division, or any part thereof, to perform such of the visits and other duties required by the provisions of this Act to be performed by a visiting justice as he may direct in respect of any prison or prisons situated within such Division, and the magistrate so designated shall perform all of such visits and duties, and for that purpose shall have all of the powers conferred on a visiting justice under the provisions of this Act.
Powers of visiting justice
45.-(1) Every visiting justice may exercise such powers and shall perform such duties as may be prescribed.
(2) Any judge of the Supreme Court may exercise all or any of the powers conferred on a visiting justice under the provisions of this Act.
Visiting justice may summon witnesses
46. Every visiting justice shall, for the purposes of this Act, have power to summon witnesses and administer oaths.
OFFICIAL VISITORS
Appointment of official visitors as visiting committees,
and powers of official visitors
47.-(1) The Minister may appoint for any prison in Fiji a visiting committee of not less than four persons who shall be official visitors
to such prison. The Chairman of each such committee shall be such member as the Minister may direct.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) Every official visitor may exercise such powers and shall perform such duties as may be prescribed.
PART IX-ADMISSION AND CONFINEMENT OF PRISONERS
Admission of prisoners
48.-(1) No prisoner shall be admitted into a prison unless accompanied by a remand warrant, order of detention, warrant of conviction or of committal purporting to be signed by a person having authority to sign the same.
(2) The officer in charge shall, before the admission of any prisoner, satisfy himself that such prisoner is the person named in the warrant or order of detention accompanying him:
Provided that he shall not refuse to accept any prisoner merely on the ground that there is an error on the face of any such warrant or order, but shall take steps as soon as practicable, to have such error corrected.
Prisoner to be informed of right of appeal
49. The officer in charge of the prison to which any convicted criminal prisoner is first committed after conviction shall inform such prisoner, within twenty-four hours after his admission, of his right of appeal, if any.
Female prisoners
50.-(1) Female prisoners shall be confined in a separate part of any prison in such a manner as to prevent them from conversing or holding any intercourse with any male prisoner.
(2) Female prisoners shall, in all cases, be attended by female officers of the Prisons Service, and no male officer of the Prisons Service shall enter any part of any prison allocated to female prisoners unless accompanied by a female officer of the Prisons Service.
(3) The keys of every part of any prison allocated to female prisoners shall be under the control of a female officer of the Prisons Service.
(4) Subject to such conditions as may be prescribed, any infant child of a female prisoner may be received into prison with its mother and may be supplied with clothing and necessaries at public expense:
Provided that the supervisor or senior officer, on being satisfied that there are relatives or friends able and willing to support
it, may cause such child to be handed over to such relatives or friends.
(Amended by Ordinance 20 of 1968, s. 8.)
PART X-CUSTODY AND REMOVAL OF PRISONERS
Restraints
51.-(1) Mechanical restraints shall not be used as a punishment and shall not be used for any other purpose except-
(a) to prevent a prisoner from injuring himself or others, or damaging property, or creating disturbance:
Provided that no prisoner shall be placed under any mechanical restraint for any of the reasons specified in this paragraph except with the concurrence of the medical officer;
(b) to ensure the safe custody of prisoners during removal, when handcuffs may be used;
(c) under the instructions of the medical officer.
(2) No mechanical means of restraint shall be used except of such pattern and under such conditions as may be prescribed.
(3) No prisoner shall be kept under mechanical restraint for longer than is necessary, and shall not be kept under such restraint for a longer period than twenty-four hours unless upon the written order of the visiting justice, the Controller or the medical officer. Such order shall specify the cause thereof and the time, during which such prisoner is to be kept under restraint, and shall be preserved by the officer in charge as his warrant.
Prisoners deemed to be in lawful custody
52.-(1) Every prisoner confined in any prison shall be deemed to be in the lawful custody of the officer in charge thereof, and shall be deemed to remain in lawful custody and to be subject to prison discipline and regulations during the whole period of his confinement, whether he is or is not, within the precincts of any prison.
(2) Any police officer, or other officer acting under the order of any judge, magistrate or other person having power to commit a
person to prison, may convey a prisoner to or from any prison in which he may be legally confined, or from which he may be legally
removed and for that purpose may, pending the availability of transport or for other good reason, detain such prisoner in such suitable
place as he may consider appropriate in the circumstances.
(Amended by Ordinance 20 of 1968, s. 9.)
(3) Every prisoner shall be deemed to be in lawful custody whilst being conveyed to or from prison or detained under the provisions
of subsection (2).
(Inserted by Ordinance 20 of 1968, s. 9.)
Prisoner to be brought before a court of justice
53.-(1) Subject to the provisions of the Criminal Procedure Code and the Magistrates' Courts Act, if the presence of any prisoner is required in any court of justice, or by any person empowered
by law to summon witnesses, either for the purpose of his being examined as a witness in any cause or matter, civil or criminal,
or for the purpose of a criminal charge being preferred against him, it shall be lawful for such court or person, if he considers
the presence of such prisoner necessary for the ends of justice, to issue an order to the officer in charge of the prison where such
a prisoner is confined, requiring him to bring such prisoner, in proper custody, at a time to be named in the order, before such
court or person.
(Cap. 21.) (Cap. 14.)
(2) On receipt of any order made pursuant to the provisions of subsection (1) or of any other Act, requiring him to bring any prisoner before any court or person, the officer in charge of any prison in which such prisoner is confined shall act in accordance with such order and shall provide for the custody of such prisoner during his absence from the prison.
Controller may direct prisoners to be moved to other prison
54. The Controller may, in writing, direct that any prisoner shall be removed to any prison, other than that in which he is confined or to which he has been committed.
Removal of prisoners when in danger of disease
55. The Controller or, in case of emergency, the supervisor may, in writing, authorise the removal of prisoners from a prison to any other place, should there be any danger from contagious or infectious disease in such prison, and such other place shall, while any prisoner are confined therein, be deemed to be a prison.
Removal of prisoners when suffering from mental disorders
56.-(1) If any prisoner shall appear to the officer in charge to be of unsound mind, such officer shall forthwith report the fact to the medical officer who shall visit and examine such prisoner and if, after such examination-
(a) the medical officer is of the opinion that such prisoner is of unsound mind and that it is necessary or expedient that such prisoner should be removed to a mental hospital, he shall sign a certificate to that effect in the form prescribed and deliver such certificate to the officer in charge who shall forward the same to the Minister who may, by order in writing, direct that such prisoner be forthwith removed to a mental hospital; or
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(b) the medical officer is of the opinion that such prisoner should be removed to a mental hospital for observation for the purpose of determining whether such prisoner is of unsound mind or not, he shall sign a certificate to that effect in the prescribed form stating the period, not exceeding fourteen days, during which such prisoner should be so removed and deliver such certificate to the officer in charge who shall forward the same to the supervisor who may, by order in writing, direct that such prisoner be removed to a mental hospital for detention therein during such period as aforesaid:
Provided that, if whilst a prisoner is detained in a mental hospital under the provisions of this paragraph the superintendent of
such mental hospital becomes satisfied that such prisoner is of unsound mind and should remain in such mental hospital such superintendent
shall sign a certificate to that effect in the prescribed form and deliver such certificate to the officer in charge of the prison
from which the prisoner came, who shall forward the same to the Minister who may, by order in writing, direct that such prisoner
be detained in such mental hospital and such prisoner shall thereupon be deemed for all purposes to have been removed to such mental
hospital under the provisions of paragraph (a).
(Amended by Ordinance 20 of 1968, s. 10 and Order 7th October 1970*.)
(2) Every prisoner removed to a mental hospital under the provisions of this section shall remain under detention in such mental hospital-
(a) in the case of a prisoner removed to such mental hospital under the provisions of paragraph (a) of subsection (1), until he is discharged or remitted to the prison whence he came under the provisions of section 31 of the Mental Treatment Act or previously admitted to bail under the provisions of the Criminal Procedure Code; or
(Cap. 113.) (Cap. 21.)
(b) in the case of a prisoner removed to such mental hospital under the provisions of paragraph (b) of subsection (1), until the expiration of the period specified in the order for his removal to such mental hospital, or he is previously admitted to bail under the provisions of the Criminal Procedure Code.
(Cap. 21.)
Removal of sick prisoners to hospital
57.-(1) In case of the serious illness, other than unsoundness of mind, of a prisoner, the officer in charge may, on the certificate of the medical officer, make an order for the removal of such prisoner to a hospital.
(2) The medical officer in charge of any hospital to which any prisoner is removed under the provisions of this section shall, on admission of such prisoner, and at the end of every month, while such prisoner remains in such hospital, transmit to the officer in charge of the prison whence he came, a certificate signed by him, staling his opinion as to the necessity for such prisoner to remain in the hospital and, when possible, stating the period for which such prisoner should so remain.
Prisoners in hospital deemed to be in lawful custody
58. So long as any prisoner who shall have been removed to any hospital under the provisions of sections 56 or 57, remains therein, he shall be deemed to be in lawful custody.
Officers to take precautions to prevent escape
59. Every reasonable precaution shall be taken by the medical and other officers of any hospital, to prevent the escape of any prisoner at any time under treatment therein; and it shall be lawful for such officers to take such measures for preventing the escape of any such prisoner as are reasonably necessary.
Power to return prisoners to prison
60. When, in the opinion of the medical officer in charge of any hospital to which any prisoner is removed under the provisions of section 57, it is no longer necessary that such prisoner should remain therein, he shall transmit to the officer in charge of the prison whence such prisoner came a certificate stating that such necessity has ceased, and thereupon such officer in charge shall forthwith cause such prisoner to be brought to the prison, if he is still liable to be confined therein.
PART XI-EXTRAMURAL PUNISHMENT
Nature of extramural punishment
61.-(1) Subject to subsection (2)-
(a) the supervisor, in the case of any person sentenced to imprisonment, whether by one sentence or cumulative sentences, for any period not exceeding twelve months; or
(b) the Controller, in the case of any person who is serving a sentence of imprisonment for any period exceeding twelve months and who is within twelve months of his earliest possible date of release with remission,
may, with the written consent of such person, release him to undertake public work outside the prison.
(2) A person shall not be released in terms of subsection (1) unless the supervisor or the Controller, as the case may be, is satisfied that-
(a) such person is likely to be of good behaviour;
(b) suitable arrangements can be made for his accommodation;
(c) suitable public work is available; and
(d) such person is physically capable of undertaking the public work to which he will be assigned.
(3) A person released under this section to undertake public work shall be employed under the supervision of any person or authority appointed by the supervisor or the Controller for such number of hours, being not fewer than thirty in any week, as the supervisor or the Controller may specify.
(4) A person undertaking public work under this section shall, in lieu of rations, be entitled to such monetary allowance as may be prescribed.
(5) Such person may, in addition to the public work which he is required to perform under this section, undertake for remuneration such other work as the supervisor or the Controller may approve.
(6) The period during which such person shall work shall, subject to remission, be equal to the term of imprisonment, or the remainder of the term of imprisonment, to which he has been sentenced or which he is liable to undergo.
(7) Without prejudice to section 86, where the supervisor or the Controller is satisfied that any person undergoing extramural punishment under this section is in consequence of his behaviour or for any other reason unsuitable or unable to continue with such extramural punishment, the supervisor or the Controller may order the recall to prison of such person.
(8) In this section the expression "public work" includes undertaking work under the supervision of-
(a) any Provincial Council established under the Fijian Affairs Act;
(Cap. 120.)
(b) any city, town or district council constituted under the Local Government Act;
(c) any local authority constituted under the Public Health Act; or
(Cap. 111.)
(d) any religious, charitable or other body approved in writing by the Minister.
(9) This section shall not apply to any person sentenced by a Fijian Court under the Fijian Affairs Act, but, in the case of a person
so sentenced, the provisions of any regulations referring to extramural punishment made under that Act shall apply.
(Inserted by Act 25 of 1980, s. 2.) (Cap. 120.)
PART XII-LABOUR OF PRISONERS
Prisoners may be given labour within or outside prison
62.-(1) Subject to the provisions of this Act, every convicted criminal prisoner may be kept to labour, within or without the precincts of any prison, in any employment that may be prescribed and may be paid such remuneration in respect thereof as may be prescribed.
(2) Female convicted criminal prisoners shall be employed on such work, as is suitable for women, that may be prescribed.
(3) Prisoners, other than convicted criminal prisoners, shall be required to keep their cells, precincts of cells, furniture, clothing and utensils clean, but shall not be employed in any other work or duties without their consent.
(4) The labour of all prisoners confined in any prison shall be under the supervision of the officer in charge of the prison.
PART XIII-REMISSION OF SENTENCES
Prisoners may earn remission and forfeited remission may be restored
63.-(1) Every convicted criminal prisoner under sentence of imprisonment for any period exceeding one calendar month, whether by one sentence or cumulative sentences, and whether suffering extramural punishment or not, shall, after serving one month's imprisonment or extramural punishment, as the case may be, be eligible by satisfactory industry and good conduct, to a remission of one-third of his total sentence of imprisonment:
Provided that the remission so earned shall not reduce the period of imprisonment or extramural punishment to less than one month.
(2) On the recommendation of the Controller, the Minister may grant such further remission as he shall determine on special grounds,
such as exceptional merit or permanent ill health.
(Amended by Order 7th October 1970*.)
(3) For the purpose of giving effect to subsection (1), each convicted criminal prisoner, on admission, shall be credited with the full amount of remission that he could earn and shall forfeit such portions of such remission as a punishment for idleness, lack of industry, or any other offence against prison discipline, as the Controller or the supervisor shall determine:
Provided that-
(a) the maximum forfeiture of remission of sentence which may be imposed on a person undergoing extramural punishment for any one extramural offence shall be one month;
(b) the maximum forfeiture of remission of sentence which may be imposed for any one prison offence shall be three months;
(c) the Controller may restore any forfeited remission in whole or in part.
Controller to report to Minister
64. The Controller shall furnish to the Minister a report on the general condition of every prisoner who has during the previous month-
(a) in the case of prisoners sentenced to imprisonment for life, completed one years' imprisonment from the date of admission and thereafter at intervals of two years;
(b) in the case of all other prisoners sentenced to imprisonment for any period of seven years or more, completed two years' imprisonment from the date of sentence and at intervals of two years thereafter;
(c) completed seven or more years of his sentence and has attained, or is believed to have attained, the age of sixty years;
(d) in the case of prisoners under twenty years of age, howsoever detained, a report at the expiration of every twelve months of imprisonment until such prisoner has attained the age of twenty years:
Provided that-
(i) the Minister may, in the case of any such prisoner, direct that a report shall be submitted at more frequent intervals; and
(ii) the Controller may, if he thinks fit, submit a report at more frequent intervals.
(Substituted by Ordinance 20 of 1968 s. 12 and amended by Order 7th October 1970*.)
PART XIV-COMPULSORY SUPERVISION ORDERS
(Substituted by Ordinance 20 of 1968, s. 13.)
Compulsory supervision orders
65.-(1) The Minister may at any time, in his discretion, direct that a prisoner shall be released on an order of compulsory supervision,
for such period as the Minister may think fit, and the Controller shall forthwith comply with such direction.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) Where no order has been made under the provisions of subsection (1), the Controller-
(a) shall, in the case of a prisoner who, having been sentenced to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for any period of three years or more; and
(b) may, in the case of any other prisoner sentenced to imprisonment for any period of three years or more, where he considers it necessary or desirable so to do,
make an order providing for the compulsory supervision of the prisoner on his release for a period not exceeding one year:
Provided that-
(i) the Controller shall not without the approval of the Minister, release any prisoner under a compulsory supervision order before such prisoner is due for release with remission; and
(ii) a compulsory supervision order shall not be made in respect of any prisoner who has been discharged from prison without such order.
(Amended by Order 7th October 1970* and Act 19 of 1974, s. 9.)
(3) Every compulsory supervision order shall be in such form and be subject to such terms and conditions as may be prescribed.
(Substituted by Ordinance 20 of 1968, s. 13.)
Revocation or cancellation of order
66.-(1) Where the Controller is satisfied that any prisoner in respect of whom a compulsory supervision order has been made has, during the continuance in force of the order, been convicted of any offence or has contravened or failed to comply with any of the terms or conditions of his order, the Controller may revoke the order and shall issue a certificate to that effect:
Provided that where a prisoner has been released under a compulsory supervision order on the directions of the Minister, such order
shall not be revoked without the approval of the Minister.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) If any person in respect of whom a compulsory supervision order is in force-
(a) is convicted of an offence; or
(b) contravenes or fails to comply with any term or condition of the order, he shall be guilty of an offence and shall be liable to imprisonment for three months.
(Substituted by Ordinance 20 of 1968, s. 13.)
Effect of cancellation or revocation
67.-(1) Where any compulsory supervision order is revoked, the person named therein shall, after undergoing any other punishment to which he may be sentenced for any offence in consequence of which his order is revoked, undergo a further term of imprisonment equal to that portion of his sentence which remained unexpired at the time of his release under such order.
(2) When any compulsory supervision order is revoked, a magistrate shall, on production of a certificate of such revocation, issue
a warrant for the apprehension of the person to whom such order was issued, and any magistrate before whom such person is brought
shall issue a warrant for the readmission of such person to prison.
(Substituted by Ordinance 20 of 1968, s. 13.)
Duplicate orders
68. If the person in respect of whom a compulsory supervision order has been made proves to the satisfaction of the Controller that he
has lost such order through no fault of his own, he shall be entitled to a duplicate of such order.
(Substituted by Ordinance 20 of 1968, s. 13.)
Licences granted prior to 21st April 1969.
69. Any licence granted and in force at the commencement of the Prisons (Amendment) Ordinance, 1968+, under the law in force immediately
prior to such commencement shall continue of full force and effect and the provisions of sections 65 to 68 of this Act as in operation immediately prior to such commencement shall apply to any such licence. (Inserted by Ordinance 20 of 1968, s. 13.)
+ 21st April 1969.
PART XV-MAINTENANCE
Maintenance of certain prisoners from private sources
70.-(1) A civil prisoner or an unconvicted criminal prisoner may be permitted to maintain himself and purchase or receive from private sources, at such hours as may be prescribed, food, clothing, bedding or other necessaries, but subject to examination and such conditions as may be prescribed.
(2) No food, clothing, bedding or other necessaries belonging to any civil prisoner or any unconvicted criminal prisoner shall be given, hired, loaned or sold to any other prisoner, and any prisoner failing to comply with the provisions of this section shall be liable, in addition to any other punishment provided by this Act, to lose the privilege of purchasing or receiving food, clothing, bedding or other necessaries from private sources, for such time as the officer in charge may think proper.
(3) If a civil prisoner or an unconvicted criminal prisoner does not provide himself with food, clothing or bedding, or if such food clothing or bedding is, in the opinion of the officer in charge, inadequate, such prisoner shall receive the regular food, clothing and bedding.
PART XVI-PROHIBITED ARTICLES
Examination of articles taken in or out of prison
71. Any officer of the Prisons Service may examine anything being brought into or being taken out of the prison, and may stop and search, or cause to be stopped and searched, any person reasonably suspected of bringing or attempting to bring any prohibited article into, or take any such article out of, the prison, or of carrying, or attempting to carry, out of the prison, any property belonging to the prison; and the officer in charge shall immediately be informed of any such article or property so found.
Prohibited articles and communications with prisoners
72. Any person who contrary to any regulations made under the provisions of this Act-
(a) brings, sells, or attempts by any means whatsoever to introduce into any prison or to give to any prisoner, any article whatsoever; or
(b) communicates with any prisoner,
shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding $100 or to both such fine and imprisonment.
Power of officer of Prisons Service to arrest
73. Any officer of the Prisons Service may arrest without a warrant any person who-
(a) commits, or attempts to commit any offence against section 72;
(b) when reasonably suspected of committing any offence against section 72, refuses, on the demand of such officer, to give his name and address; or
(c) when reasonably suspected, as in paragraph (b) gives a name or an address which such officer knows, or has reason to believe, to be false or which subsequently proves to be false,
and shall deliver such person into the custody of a police officer.
Publication of penalties
74. The officer in charge shall cause to be affixed in a conspicuous place outside the prison, a notice in English, Fijian and Hindustani, setting forth the acts prohibited under section 72 and the penalties which may be incurred by their commission.
Trespassing
75.-(1) No unauthorised person shall be within the boundaries of any prison area and the officer in charge shall take steps to demarcate such boundaries.
(2) Any person found unlawfully within the boundaries of any prison area shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three months or to a fine not exceeding $50 or to both such fine and imprisonment.
(3) Any person who commits, or attempts to commit, any offence against subsection (2) may be arrested without a warrant and delivered into the custody of a police officer.
Unlawful possession of prison articles
76. Any person other than an officer of the Prisons Service who is found in possession of any article which has been supplied to any officer of the Prisons Service for the purpose of his duty, or of any other prison property, and who fails to account satisfactorily for his possession thereof, or who, without lawful authority, purchases or receives any such article or property from any officer of the Prisons Service, or who aids or abets any officer of the Prisons Service in selling or disposing of any such article or property, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding three months or to a fine not exceeding $50 or to both such fine and imprisonment.
PART XVII-INCITING AND HARBOURING
Incitement and abetting of desertion
77. Any person who, by any means directly or indirectly, procures, persuades, or attempts to procure or persuade, any officer of the Prisons Service to desert or who aids, abets, or is accessory to the desertion of any such officer, or who knowingly harbours in or about his house, grounds or otherwise, or who knowingly employs, or who knowingly and without lawful excuse assists any deserter, other than his or her spouse, shall be guilty of an offence and shall be liable to imprisonment for a period not exceeding six months or to a fine not exceeding $100 or to both such fine and imprisonment.
Incitement of mutiny or sedition
78. Any person who, directly or indirectly, instigates, commands, counsels or solicits any mutiny or sedition amongst any officers of the Prisons Service, or prisoners, or disobedience to any lawful command given by any officer of the Prisons Service, or who wilfully attempts to seduce any officer of the Prisons Service from his allegiance or duty, shall be guilty of an offence and shall be liable to imprisonment for any period not exceeding two years or to a fine not exceeding $200 or to both such fine and imprisonment.
Harbouring or employing, or assisting a prisoner
79. Any person who knowingly harbours in or about his house, grounds or otherwise, or who knowingly employs, or who knowingly and without lawful excuse assists any prisoner illegally at large, other than his or her spouse, shall be guilty of an offence and shall be liable to imprisonment for any period not exceeding one year or to a fine not exceeding $200 or to both such fine and imprisonment.
PART XVIII-PRISONERS UNDER SENTENCE OF DEATH
Supervision of prisoners under sentence of death
80.-(1) Every prisoner sentenced to death shall be confined in some safe place within a prison, and, if possible, shall be kept apart
from other prisoners, and, in the event of such sentence being confirmed by the Governor-General, shall thereafter be placed under
constant observation both by day and by night.
(Amended by Order 7th October 1970*.)
(2) No person, other than an officer of the Prisons Service, a medical officer, the visiting justice or a minister of religion shall have access to a prisoner under sentence of death:
Provided that such prisoner may, with the consent of and subject to any reasonable conditions which may be imposed by the supervisor, be visited by his legal advisers and such of his relatives and friends as he may express a wish to see.
(3) A prisoner under sentence of death shall have such general and special privileges as the Controller may from time to time direct.
(4) Executions shall be attended by the officer in charge, the medical officer and such other officers of the Prisons Service as the
Controller may direct, and may be attended by a minister of religion and by such other persons as the Minister may authorise.
(Amended by Order 7th October 1970*.)
PART XIX-DEATH OF PRISONERS
Death to be reported to medical officer and visiting justice
81.-(1) On the death of any prisoner, the officer in charge shall, at once, report such death to the medical officer and to the visiting justice who shall thereupon proceed to hold an inquiry into the cause of death of the deceased prisoner and report upon the same to the Minister:
Provided that, in the case of death of any prisoner other than by execution on sentence of death, the visiting justice may dispense
with holding an inquiry if he considers that there is no reasonable suspicion of culpability or other circumstances making it desirable
to hold an inquiry.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) For the purpose of such inquiry, the visiting justice shall have all the powers conferred upon magistrates under the Inquests
Act.
(Amended by Act 19 of 1974, s. 10.)
(Cap. 46.)
(3) When sentence of death has been executed upon a prisoner the visiting justice shall require the production of the prescribed certificates,
signed by the medical officer and the officer in charge of the prison respectively, and shall forward the same with his report to
the Minister.
(Amended by Order 7th October 1970*.)
*See Legal Notice No. 112 of 1970.
PART XX-DISCIPLINE OF PRISONERS
Prison offences
82. Any prisoner who commits any prison offence as may be prescribed under the provisions of this Act shall be guilty of a prison offence and shall be liable to suffer punishment in accordance with the provisions of this Act:
Provided that-
(a) nothing in this connection shall be construed to exempt any prisoner from being proceeded against for any offence by any other process of law;
(b) save as expressly provided by the provisions of this Act, no prisoner shall be punished twice for the same offence.
Trial of prison offences
83.-(1) For the purpose of the trial of prison offences under the provisions of this Act, there shall be the following tribunals:-
A. The Controller, who shall have power to impose any of the following punishments or any combination thereof:-
(i) forfeiture of remission of sentence not exceeding three months;
(ii) deprivation of earnings, or any part thereof, for any period not exceeding three months;
(iii) forfeiture of privileges for any period not exceeding three months;
(iv) reduction in stage or postponement of promotion in stage under the progressive stage system;
(v) cellular confinement for any period not exceeding one month;
(vi) reduced diet for any period not exceeding fourteen days;
(vii) solitary confinement, with or without reduced diet, for any period not exceeding fourteen days.
B. A supervisor or senior officer, who shall have power to impose any of the following punishments or any combination thereof:-
(i) forfeiture of remission of sentence for any period not exceeding one month;
(ii) deprivation of earnings, or part thereof, for any period not exceeding six weeks;
(iii) forfeiture of privileges for any period not exceeding six weeks;
(iv) reduction in stage or postponement of promotion in stage under the progressive stage system;
(v) cellular confinement for any period not exceeding fourteen days;
(vi) reduced diet for any period not exceeding seven days;
(vii) solitary confinement, with or without reduced diet, for any period not exceeding seven days.
(Amended by Ordinance 20 of 1968, s. 14 and Act 19 of 1974, s. 11.)
(2) At the request of the Controller or a supervisor or senior officer, the visiting justice may inquire into, try and determine any
prison offence, and may impose any punishment that the Controller is empowered to impose under subsection (1).
(Amended by Ordinance 20 of 1968, s. 14.)
(3) No prisoner shall be punished for any prison offence unless the charge has been read and investigated in his presence and he has been given sufficient opportunity to make his defence thereto.
(4) Solitary confinement shall not be continuous for more than seven days and an interval of seven days shall elapse before a further period of such confinement.
(5) Reduced diet shall not be continuous for more than seven days and an interval of seven days shall elapse before a further period of reduced diet.
Punishment of prisoners for certain offences
84. Notwithstanding the provisions of section 83 when a convicted criminal prisoner has been charged with any of the following prison offences:-
(a) mutiny;
(b) incitement to mutiny; or
(c) gross personal violence to an officer of the Prisons Service or any prisoner,
the Controller, shall commit that prisoner to the court of a resident magistrate, which may, in addition to imposing any of the punishments
referred to in section 83, subject to and in accordance with the provisions of section 34 of the Penal Code and other written law, impose a sentence of corporal punishment not exceeding twelve strokes.
(Substituted by Act 19 of 1974, s. 12.) (Cap. 17.)
Extramural offences
85. If any person undergoing extramural punishment commits any extramural offence as may be prescribed under the provisions of this Act, the Controller, supervisor or senior officer or, at the request of either of such officers, the visiting justice, may hear and determine a charge in respect of such extramural offence against such person and, if such person is found guilty of such offence, may order-
(a) that he shall suffer imprisonment for the term of imprisonment to which he was sentenced or otherwise committed to prison, subject nevertheless to a deduction of the number of days during which he has completed his daily task and he shall thereupon be committed to prison accordingly; or
(b) forfeiture of remission of sentence not exceeding one month; or
(c) both such imprisonment and forfeiture of remission.
(Amended by Ordinance 20 of 1968, s. 15.)
Review by Controller
86.-(1) The Controller shall have power to review all proceedings heard by any supervisor or senior officer under the provisions of this Part.
(2) Upon review, the Controller, if he thinks that such proceedings ought to be revised, shall have power-
(a) to quash the finding;
(b) to alter the finding and find the accused guilty of another offence;
(c) with or without altering the finding-
(i) to reduce or increase the punishment;
(ii) with or without such reduction or increase, to alter the nature of the punishment;
(d) to remit the proceedings to the supervisor or senior officer who heard them or to another supervisor for rehearing:
Provided that the Controller shall not increase any punishment without giving the accused an opportunity of being heard.
(Amended by Ordinance 20 of 1968 s. 16.)
PART XXI-DISCHARGE OF PRISONERS
Officer in charge responsible for discharge of prisoners
87. Every officer in charge shall be responsible for the due discharge o release from prison of all prisoners under his control immediately after their becoming entitled thereto:
Provided that any prisoner who is suffering from an acute or dangerous illness shall not, except at his own desire, be discharged from any prison until, in the opinion of the medical officer, it is safe to discharge him.
PART XXII-MISCELLANEOUS
Regulations
88. The Minister may make regulations with respect to any of the following matters:-(Amended by Order 7th October 1970*.)
*See Legal Notice No. 112 of 1970.
(a) the regulation and government of prisons;
(b) the pay, allowances, conditions of service, powers, duties and conduct of officers of the Prisons Service, officials of any prison and other persons employed in the prisons;
(c) prescribing offences against discipline punishable under the provisions of this Act;
(d) the control, administration and application of the Prisons Service Welfare Fund;
(e) medical officers and the medical inspection of prisoners;
(f) visiting justices, official visitors and visiting committees;
(g) the admission and discharge of prisoners and the supervision and after-care of discharged prisoners;
(Amended by Ordinance 34 of 1965, s. 15.)
(h) permitting the introduction of any articles into prisons and the possession of any such articles by prisoners;
(i) visits to and communication with prisoners;
(j) the safe custody, classification, hours of labour, mode of employment, segregation, diet, clothing, maintenance, employment, discipline, instruction and correction of prisoners;
(k) prescribing prison offences punishable under the provisions of this Act;
(l) the granting of gratuities to prisoners, or the remuneration of prisoners for work done;
(m) extramural punishment;
(n) the execution of sentences of death and burials of executed prisoners;
(o) the taking of photographs, descriptions, measurements, fingerprints, palmprints and footprints and prisoners;
(p) the pattern of mechanical means of restraint and the conditions under which such means of restraint may be used;
(q) rules of procedure for tribunals;
(Amended by Act 19 of 1974, s. 13.)
(r) prescribing anything to be prescribed under the provisions of this Act;
(s) generally for the effective administration of this Act, for the good management and government of prisons.
Controlled by Ministry of Home Affairs
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CHAPTER 86
PRISONS
SECTION 3-DECLARATION OF PRISONS
Proclamation 8 of 1965, Notice 15th August 1972*
(Made by the Governor and the Minister)
The following prisons have been declared:-
SUVA PRISON
Comprising all that parcel of land situated on either side of Queens Road in the Province of Rewa, Tikina of Suva enclosing all existing prison buildings and containing a total area of 4 acres and 10 perches and being as shown on plan S .1201 deposited in the office of the Director of Lands in Suva.
NABORO PRISON FARM
Comprising all that parcel of land situated in the Province of Rewa, Tikina of Suva and comprising part Native Grant 49 and part Native
Lease approval N.L.T.B. 4/16/1497 enclosing all existing prison buildings and containing a total area of 1,031 acres approximately
and being as shown on plan S.1202 deposited in the office of the Director of Lands in Suva but excluding all that portion of land
situate in the Tikina of Suva in the Province of Rewa containing an area of 5½ acres more or less, situated along the Queens
Road at a distance of approximately fifty chains from the eastern boundary of the Naboro Prison Farm, and containing the Naboro Primary
School and the Medical Centre. The area is more particularly shown verged red and more particularly delineated on plan P. P. 101
kept in the office of the Director of Lands, Suva with a copy available for inspection at the office of the Controller of Prisons
at Suva.
(Amended by Notice 15th August 1972*.)
Notice 22nd August 1977*
* See Legal Notice No. 120 of 1977.
ROTUMA PRISON
Comprising all that parcel of land situated on the Government Station site on the Island of Rotuma enclosing all existing prison buildings and containing an area of 24 perches and being as shown on plan I.105 deposited in the office of the Director of Lands in Suva.
LAUTOKA PRISON
Comprising all that parcel of land situated in the Province of Ba, Tikina of Vuda enclosing all existing prison buildings and containing an area of 1 acre 2 roods and 16 perches as fenced and being part Native Grant to the Crown, Number 43 as shown on plan N.D. 4616 deposited in the office of the Director of Lands in Suva.
BA PRISON
Comprising all that parcel of land situated in the Province of Ba, Tikina of Ba as fenced and enclosing all existing prison buildings and containing an area of 1 acre 1 rood and 14 perches and being as shown on plan Ba 2076 deposited in the office of the Director of Lands in Suva.
LABASA PRISON
Comprising all that parcel of land situated in the Province of Macuata, Tikina of Labasa enclosing all existing prison buildings and containing an area of 2 acres and 28 perches and being part of Crown Certificate of Title 6611 as shown on plan M. 2298 deposited in the office of the Director of Lands in Suva.
SAVUSAVU PRISON
Comprising all that parcel of land situated in the Province of Cakaudrove, Tikina of Savusavu enclosing all existing prison buildings and containing an area of 1 acre and 30 perches and being portion of Native Lease to the Crown C.L.IV/8847 as shown on plan S.S.136 deposited in the office of the Director of Lands in Suva.
TAVEUNI PRISON
Comprising all that parcel of land situated in the Province of Cakaudrove, Tikina of Cakaudrove enclosing all existing prison buildings and containing an area of 1 acre and 32 perches as fenced and being as shown on plan C.D. 313 deposited in the office of the Director of Lands in Suva.
The following prison has been declared:-
NASINU PRISON
Comprising all that area of land situated in the Province of Naitasiri, Tikina of Naitasiri known as Naidiridiri No. 2 enclosing all existing prison buildings and containing a total area of 61 acres 1I rood 16 perches and lying west of Nasinu Boys' Centre and contained in Native Lease approval N.L.T.B. 4/14/7304. The area is more particularly represented by survey as Lot I on plan R. 1627 kept in the office of the Permanent Secretary for Lands and Mineral Resources and copies are available for inspection at the offices of the Controller of Prisons, Suva and the District Officer, Suva.
_______
SECTION 7-RANKS OF THE PRISONS SERVICE
(Declaration by the Minister)
Notice 4th August 1971+
+ See Legal Notice No. 109 of 1971.
The officers of the Prisons Service shall, with effect from the 1st day of July, 1971, consist of the following ranks with relative seniority in the order in which they are enumerated as follows:-
Senior Officers-
CONTROLLER OF PRISONS
DEPUTY CONTROLLER OF PRISONS
SUPERINTENDENT OF PRISONS
ASSISTANT SUPERINTENDENT OF PRISONS
Junior Officers-
CHIEF PRISONS OFFICER
PRINCIPAL PRISONS OFFICER
Subordinate Officers-
PRISONS OFFICER, Class A.
PRISONS OFFICER, Class B.
PRISONS OFFICER, Class C.
_____________
SECTION 43-PRISON OFFICERS' ASSOCIATION ORDER
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Short title
2. Interpretation
3. Establishment of Association
4. Membership of Association
5. Central committee
6. Constitution of the central committee
7. Election of members of central committee
8. Procedure at meetings and quorum
9. Representations by central committee
10. Facilities for meetings
11. Suspension of central committee
----------------------------------------
Orders 26th January 1966 [in force 28th January 1966],
7th October 1970*
* See Legal Notice No. 112 of 1970.
(Made by the Governor)
Short title
1. This Order may be cited as the Prison Officers' Association Order.
Interpretation
2. In this Order, unless the context otherwise requires-
"Association" means the Prison Officers' Association established by the provisions of paragraph 3;
"central committee" means the central committee established under the provisions of paragraph 5.
Establishment of Association
3. There is hereby established a Prison Officers' Association the objects of which shall be to enable subordinate officers of the Prisons Service to bring to the notice of Government any matters affecting their welfare and efficiency, other than questions of discipline or promotion.
Membership of Association
4. All subordinate officers of the Prisons Service shall be members of the Association.
Central committee
5. There shall be established a central committee through which committee the Association shall act.
Constitution of the central committee
6.-(1) The central committee shall consist of the following members of the Association:-
(a) four to be elected from their number by members of the Association in the Central and Eastern Divisions;
(b) two to be elected from their number by members of the Association in the Western Division;
(c) one to be elected from their number by members of the Association in the Northern Division,
such elections to be held annually in the manner hereinafter provided in the month of November in each year.
(2) The central committee shall hold, in each year, an annual meeting on a day, not later than 31st January, to be fixed by the Controller.
(3) At each annual meeting the central committee shall elect from among its members a chairman and a secretary.
(4) The members of the central committee and the officers elected under the provisions of sub-paragraph (3) shall hold office until the next succeeding annual meeting.
(5) The central committee may hold not more than two meetings in each year, including the annual meeting, each lasting not more than one day:
Provided that additional meetings may be held for special purposes with the consent of the Controller.
Election of members of central committee
7.-(1) All elections of members of the central committee shall be by secret ballot and the following provisions shall apply in respect thereof:-
(a) every person in attendance at the polling station or other place of voting shall maintain and aid in maintaining the secrecy of the voting in such station or place and shall not communicate, except for some purpose authorised by law, before the poll is closed, to any person, any information as to the name or other means of identification of any voter, whether such voter has applied for a ballot paper or voted at that station or place or not;
(b) no person whatsoever shall interfere with or attempt to interfere with a voter when marking his vote, or otherwise attempt to obtain, in the polling station or other place of voting, information as to the candidate for whom any voter in such station or place has voted or is about to vote, or communicate at any time to any person any information obtained in the polling station or other place of voting as to the candidate for whom any voter in such station or place has voted or is about to vote;
(c) every person in attendance at the counting of votes shall maintain and aid in maintaining the secrecy of the voting and shall not communicate any information obtained at such counting as to the candidate for whom any vote is given in any particular ballot paper;
(d) no person shall directly or indirectly induce any voter to display his ballot paper after he shall have marked the same so as to be made known to any person the name of the candidate for or against whom he has so marked his vote; and
(e) any person who acts in contravention of any of the foregoing provisions of this paragraph shall be guilty of an offence and liable to a fine not exceeding $20.
(2) Every member of the Association in any Division or Divisions shall have a right to vote at the election of members of the central committee to be elected by the members of the Association in such Division or Divisions, and may give one vote and no more for each of any number of candidates not exceeding the number to be elected by the members of the Association in such Division or Divisions.
(3) Subject to the provisions of this Order, the central committee may make regulations as to the mode of election of the members thereof and as to the filling of casual vacancies occurring among such members:
Provided that in the case of the first elections held under the provisions of this Order the mode of election shall, subject as aforesaid, be as determined by the Controller.
Procedure at meetings and quorum
8.-(1) The Chairman, at any meeting of the central committee shall have a casting, as well as a deliberative, vote. The quorum of a meeting of the central committee shall be four.
(2) Subject to the provisions of this Order the central committee may regulate its own procedure, including the appointment of committees and subcommittees:
Provided that the first meeting shall be convened in such manner and the procedure to be followed thereat shall be such as the Controller may direct.
(3) The secretary of the central committee shall keep minutes of the meetings of the committee and shall within thirty days after the end of any such meeting forward two copies of the minutes thereof to the Controller and one copy of such minutes to each member of the committee.
Representations by central committee
9. The central committee may at any time submit representations in writing to the Controller and, through the Controller, to the Minister and shall consider and report upon any matters referred to it by the Controller or by the Minister, through the Controller:
Provided that all such representations and reports shall be submitted to the Controller by the normal Service channels of correspondence
and in conformity with the provisions of any regulations or orders for the time being in force in relation thereto.
(Amended by Order 7th October 1970*.)
Facilities for meetings
10. Except where, in special circumstances, a subordinate officer is required for duty for which no substitute is available, leave shall be given for attendance at all meetings duly held under the provisions of this Order and every such attendance shall, as regards allowances and expenses, be deemed an occasion of duty.
Suspension of central committee
11.-(1) The Controller, with the prior approval of the Minister, may at any time suspend a central committee if he considers that
the interests of the Prisons Service require that such committee shall forthwith cease to function.
(Amended by Order 7th October 1970*)
* See Legal Notice No. 112 of 1970.
(2) The suspension of a central committee shall include the suspension of any committee or subcommittee appointed by such central committee.
__________________________
SECTION 88-PRISONS SERVICE REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Short title
PART I-APPOINTMENT
2. Declaration on appointment
3. Medical examination
4. Bar on appointment
PART II-LEAVE
5. Junior officers' leave and leave allowances
6. Subordinate officers' leave and leave allowances
7. Leave outside Fiji
8. Study leave
9. Compassionate leave
10. Sick leave
11. Application of this Part
PART III-PAY AND ALLOWANCES
12. Pay
13. Increments
14. Incremental penalties
15. Allowances
16. Transfer allowances
17. Quarters
PART IV-DISCIPLINE
18. Offences against discipline
19. Procedure at trials for offences against discipline
PART V-GENERAL
20. Communications, complaints, grievances and petitions
21. Prohibition on taking part in professional sport
22. Issue of equipment, etc.
First Schedule-Form of Declaration on Appointment
Second Schedule-Rates of Subsistence Allowance
Third Schedule-Rates of Transfer Allowances
---------------------------------------
Regulations 22nd December 1965 in force 1st January 1966,
Orders* 10th July 1970, 7th October 1970,
Regulations+ 4th July 1972, 5th October 1972, 13th December 1973,
2nd December 1975, 20th June 1979, 4th June 1980.
18th August 1980, 1st January 1982, 27th May 1982,
6th October 1982
* See Legal Notices Nos. 71 of 1970, 112 of 1970.
+ See Legal Notices Nos. 57 of 1972, 101 of 1972, 157 of 1973,
134 of 1975, 121 of 1979, 110 of 1980, 133 of 1980, 11 of 1982,
64 of 1982, 112 of 1982.
(Made by the Governor and the Minister)
Short title
1. These Regulations may be cited as the Prisons Service Regulations.
PART I-APPOINTMENT
Declaration on appointment
2. Every junior and subordinate officer shall, on appointment to the Prisons Service, make before the Controller or a senior officer, a declaration on oath or affirmation in the form prescribed in the First Schedule.
Medical examination
3. Prior to appointment or re-appointment for any period every subordinate officer shall be passed medically fit by a Government medical officer on such medical examination as the Controller may direct.
Bar on appointment
4. No subordinate officer shall be appointed or re-appointed for further service after he has attained the age of 55 years.
PART II-LEAVE
Junior officers' leave and leave allowances
5.-(1) A junior officer shall be entitled to 16 days annual leave with full pay for each completed 12 months of service, inclusive of any service as a subordinate officer, but so that only 2 such periods of annual leave may be taken during each tour of 3 years resident service. This leave may not be accumulated.
(2) Annual leave may be granted at the discretion of the Controller and shall be subject to the exigencies of the service.
(3) A junior officer may be granted 42 consecutive days vacation leave with full pay on completion of each tour of 3 years' resident service:
Provided that the Controller may in respect of a junior officer-
(a) on the grounds of urgent private affairs; or
(b) who is required by the Controller to take his leave; or
(c) who is called upon to retire; or
(d) who retires at his own request,
grant him a period of vacation leave proportionate to the period served since his last preceding vacation leave.
(3A) A junior officer granted vacation leave in any of the circumstances specified in the proviso to paragraph (3) shall, in addition,
be granted any annual leave then due to him, calculated on a pro rata basis.
(Inserted by Regulations 27th May 1982*.)
* See Legal Notice No. 64 of 1982.
(4) After completion of 12 years' continuous service, inclusive of any service as a subordinate officer, a junior officer shall be entitled to 72 consecutive days' long service leave on full pay to be taken at the end of any tour of 3 years' resident service:
Provided that a junior officer shall in no case be entitled to such leave if he has already enjoyed long service leave as a subordinate officer under regulation 6 (4).
(5) A junior officer who is required, due to the exigencies of the service, to resume duty before the expiration of any leave shall be entitled to carry forward the balance of his leave and accumulate it with the leave to which he is entitled at the expiration of his next 3 years of service.
(6) A junior officer while on leave may, at the discretion of the Controller, be granted an extension of leave-
(a) on the grounds of public interest which leave shall, unless otherwise directed by the Controller, be on full pay;
(b) on any other ground (apart from that of sick leave prescribed in regulation 10) which leave shall, unless otherwise directed by the Controller, be without pay.
(7) (a) A leave allowance of $100 shall be paid to a junior officer at the end of each tour of 3 years' resident service as a junior officer after he has completed 12 years' service, inclusive of any service as a subordinate officer:
Provided that-
(i) if a junior officer who is called upon to retire or who retires at his own request has at the time of his retirement completed 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment in full of the leave allowance prescribed in this sub-paragraph;
(ii) if such junior officer has not at the time of his retirement complete 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment of a leave allowance proportionate to the period served since his last preceding vacation leave.
(b) A leave allowance of $200 shall be paid to a junior officer who is taking long service leave.
(c) The leave allowances mentioned in sub-paragraphs (a) and (b) shall be paid at least 7 days before the officer proceeds on leave.
(Substituted by Regulations 5th October 1972*.)
* See Legal Notice No. 101 of 1972.
Subordinate officers' leave and leave allowances
6.-(1) A subordinate officer shall be entitled to 16 days annual leave with full pay for each completed 12 months of service, but so that only 2 such periods of annual leave may be taken during each tour of 3 years' resident service. This leave may not be accumulated.
(2) Annual leave may be granted at the discretion of the Controller and shall be subject to the exigencies of the service.
(3) A subordinate officer may be granted 30 consecutive days' vacation leave with full pay on completion of each tour of 3 years resident service:
Provided that the Controller may in respect of a subordinate officer:-
(a) on the grounds of urgent private affairs; or
(b) who is required by the Controller to take his leave; or
(c) who is called upon to retire; or
(d) who retires at his own request,
grant him a period of vacation leave proportionate to the period served since his last preceding vacation leave.
(3A) A subordinate officer granted vacation leave in any of the circumstances specified in the proviso to paragraph (3) shall, in
addition, be granted any annual leave then due to him, calculated on a pro rata basis.
(Inserted by Regulations 27th May 1982+.)
+ See Legal Notice No. 64 of 1982.
(4) After completion of 12 years' continuous service, a subordinate officer shall be entitled to 60 consecutive days' long service leave on full pay to be taken at the end of any tour of 3 years' resident service.
(5) A subordinate officer who is required, due to the exigencies of the service, to resume duty before the expiration of any leave shall be entitled to carry forward the balance of his leave and accumulate it with the leave to which he is entitled at the expiration of his next 3 years of service.
(6) A subordinate officer while on leave may, at the discretion of the Controller, be granted an extension of leave-
(a) on the grounds of public interest which leave shall, unless otherwise directed by the Controller, be on full pay;
(b) on any other ground (apart from that of sick leave prescribed in regulation 10) which leave shall, unless otherwise directed by the Controller, be without pay.
(7) (a) A leave allowance of $50 shall be paid to a subordinate officer at the end of each tour of 3 years' resident service after he has completed 12 years' service:
Provided that-
(i) if a subordinate officer who is called upon to retire or who retires at his own request has at the time of retirement completed 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment in full of the leave allowance prescribed in this sub-paragraph;
(ii) if such subordinate officer has not at the time of his retirement completed 20 years' service and has completed not less than 18 months' service since his last preceding vacation leave, he shall be entitled to payment of a leave allowance proportionate to the period served since his last preceding vacation leave.
(b) A leave allowance of $150 shall be paid to a subordinate officer who is taking long service leave.
(c) The leave allowances mentioned in sub-paragraphs (a) or (b) shall be paid at least 7 days before the officer proceeds on leave.
(Inserted by Regulations 5th October 1972*.)
* See Legal Notice No. 101 of 1972.
Leave outside Fiji
7. Leave granted under the provisions of regulations 5 or 6 may be spent outside Fiji with the permission of the Controller.
(Inserted by Regulations 5th October 1972*.)
* See Legal Notice No. 101 of 1972.
Study leave
8. Study leave may be granted by the Controller to a junior officer or a subordinate officer in accordance with Government leave regulations.
(Inserted by Regulations 5th October 1972*.)
* See Legal Notice No. 101 of 1972.
Compassionate leave
9.-(1) The Controller may grant a junior or subordinate officer compassionate leave not exceeding 3 days in total during any 12 months period.
(2) Any leave granted to an officer under paragraph (1) shall be in addition to any other leave to which he may be entitled under
these Regulations.
(Substituted by Regulations 6th October 1982+.)
+ See Legal Notice No. 112 of 1982.
Sick leave
10.-(1) The Controller may, on the recommendation of a Government medical officer, at any time grant up to 3 months' sick leave in any period of 12 months to any junior or subordinate officer. Such sick leave shall be on full pay, unless necessitated by the officer's own indiscretion or negligence in which case such leave may be without pay or on such reduced pay as may be decided by the Controller.
(2) If at the expiration of 3 months' sick leave any junior or subordinate officer is still unfit for service, the Controller may grant such officer any vacation leave he has earned and if at the expiration of such vacation leave the officer is then certified by a medical board to be unfit for duty this latter period of vacation leave may be extended by a further period of 180 days which, subject to the provisions of paragraph (1), shall be on full pay. Where there is any reason to believe that the officer will ultimately be fit for duty, this period may be further extended by an additional 180 days which, subject as aforesaid, shall be on half pay.
Application of this Part
11. The provisions of this part shall apply-
(a) to all junior and subordinate officers appointed after the commencement of these Regulations; and
(b) to all junior and subordinate officers appointed prior to the commencement of these Regulations.
(Amended by Order 7th October 1970*.)
PART III-PAY AND ALLOWANCES
Pay
12. The pay of all junior and subordinate officers shall be as set forth in the approved annual estimates of Fiji and shall be paid
at intervals of not greater than one month as the Controller with the approval of the Minister may direct.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
Increments
13. Subject to the provisions of regulation 14, the procedure for the granting of annual increments of pay to junior and subordinate officers shall be in accordance with the directions of the Controller.
Incremental penalties
14. If it appears to the Controller that the service of any officer is or has been so unsatisfactory, as regards conduct, efficiency,
diligence or fidelity as to justify the withholding of any increment to which such officer may be or become eligible, and the officer
has been given not more than 3 months' prior warning that failure to improve the standard of his service may lead to the withholding
of such increment, he shall so inform the officer in writing, indicating the reasons, and ask the officer if he has any representations
to make within such period, being not less than 7 days thereafter, as may be specified by the Controller. At the expiration of that
period the Controller shall forward a full statement of the reasons for recommending the withholding of such increment, together
with the representations, if any, made by the officer and all other relevant papers, to the Public Service Commission for its decision
as to whether any incremental penalty should be imposed on such officer or not.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
Allowances
15. The rates of subsistence allowance to be paid in the circumstances specified in General Orders, to junior and subordinate officers travelling on duty shall be in accordance with those specified in the Second Schedule.
Transfer allowances
16. The rates of transfer allowances, to be paid in the circumstances specified in General Orders, to junior and subordinate officers
shall be in accordance with those specified in the Third Schedule.
(Substituted by Regulations 4th June 1980+.)
+ See Legal Notice No. 110 of 1980.
Quarters
17.-(1) Junior officers who occupy Government or prisons quarters shall pay rent at the rate of 10 per cent of their salaries for
furnished quarters and at the rate of 5 per cent of their salaries for unfurnished quarters and any junior officer who is not provided
with such quarters shall receive such lodging allowance as may from time to time be fixed by the Controller with the approval of
the Minister.
(Substituted by Regulations 1st January 1982++.)
++ See Legal Notice No. 11 of 1982.
(2) Subordinate officers allocated Government or prisons quarters shall not pay rent or electricity charges, water charges or sanitation fees and shall be supplied with free light and fuel; and if no such quarters are available for them such allowances, as may from time to time be fixed by the Controller with the approval of the Minister, shall be paid to them.
PART IV-DISCIPLINE
Offences against discipline
18. Any junior or subordinate officer who commits any of the following offences:-
(1) uses traitorous or disloyal words regarding the Sovereign;
(2) is disrespectful in word, act or demeanour to any of his superior officers;
(3) wilfully disobeys any lawful order;
(4) is guilty of drunkenness;
(5) drinks intoxicating liquor whilst on duty for which he has been detailed;
(6) parades for duty for which he has been specially detailed, under the influence of liquor;
(7) absents himself without leave;
(8) sleeps at his post or leaves it without authority before being regularly relieved, except in fresh pursuit of any person whom it is his duty to apprehend;
(9) being under arrest or confinement, leaves or escapes from arrest or confinement before he is set at liberty by proper authority;
(10) neglects or refuses to assist in the apprehension of any person whom it is his duty to apprehend;
(11) allows any prisoner who is committed to his charge, or whom it is his duty to keep or guard, to escape;
(12) offers unwarranted violence to any person in his custody;
(13) is guilty of cowardice;
(14) discharges any arms without just cause or orders;
(15) without reasonable cause fails to present himself for duty at the time appointed by his superior officer;
(16) pawns, sells, loses by neglect, makes away with, wilfully or by neglect damages, or fails to report any damage, to any arms, ammunition, equipment, clothing or other appointment supplied to him, or any other public property committed to his charge;
(17) appears on duty out of uniform, or improperly or slovenly dressed, or dirty;
(18) malingers, feigns, or wilfully produces any disease or infirmity;
(19) is guilty of wilful misconduct, or wilfully disobeys, whether in hospital or otherwise, any orders by means of which misconduct or disobedience he produces or aggravates any disease or infirmity or delays its cure;
(20) incurs debt beyond his means;
(21) refuses or, by culpable neglect, omits to make, sign or send any report or return which it is his duty to make, sign or send;
(22) knowingly makes any false accusation against any other officer of the Prisons Service or against any prisoner;
(23) takes part in any professional sport;
(24) engages without the consent of the Minister in employment other than as an officer of the Prisons Service;
(Amended by Order 7th October 1970*.)
(25) is unduly familiar with any prisoner;
(26) assists or connives with any prisoner in having or obtaining any prohibited article, or otherwise engages in such trafficking as may be prescribed;
(27) without the consent of the Minister has any interest, direct or indirect, in any contract for the supply of any article to any prisoner or for the use of any prisoner or for use in any prison;
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(28) receives any fee or gratuity from any prisoner, visitor to any prison, person whom he knows to be an ex-prisoner, or any friend of any prisoner;
(29) has any business dealings with any prisoner;
(30) enters any prisoner's cell contrary to the provisions of the Act, or any orders;
(31) allows any unauthorised person to communicate with any prisoner;
(32) neglects to guard, supervise or attend any prisoner under his charge;
(33) carelessly searches, or neglects to search, any person whom he is required to search;
(34) carelessly searches or examines, or neglects to search or examine any cell or ward, or any fastenings thereof, or any bedding or clothing, which he is required to examine or search;
(35) allows dirt to accumulate in any wards, cells, passages or other places under his charge;
(36) omits to report any misconduct, breach of rules, or omission of duty in himself or any other officer of the Prisons Service;
(37) in any way obstructs the duties of any other officer of the Prisons Service;
(38) is disobedient of, or negligent in carrying out, any other of the provisions of the Act or of these Regulations, not herein expressly mentioned, or any lawful order of any superior officer or other person in authority connected with any prison; or
(39) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline, shall be guilty of an offence against discipline for the purposes of section 29 of the Act.
Procedure at trials for offences against discipline
19. The following procedure shall apply to all proceedings heard by any tribunal under the provisions of section 30 of the Act:-
(i) the officer charged with an offence against discipline (hereinafter referred to as "the accused") shall be supplied with a copy of the charge prior to the hearing;
(ii) no documentary evidence shall be used in any such proceedings unless the accused has been given access thereto prior to the hearing;
(iii) the evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the accused;
(iv) the evidence given at the proceedings need not be taken down in full, but the substance and material points thereof must be recorded in writing and read over to the accused;
(v) the accused shall have the right to cross-examine each witness giving evidence against him, and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness;
(vi) the accused shall be asked if he desires to give evidence in his own defence and to call witnesses and, if he does so desire, shall be given a reasonable opportunity to do so;
(vii) the tribunal may, in its discretion, allow the accused to be assisted by a friend, being a senior officer, and, when such permission is given, his defence may be conducted by such friend.
(Amended by Order 10th July 1970*.)
* See Legal Notice No. 112 of 1970.
PART V-GENERAL
Communications, complaints, grievances and petitions
20.-(1) Subject to the provisions of paragraph (2), every junior an subordinate officer shall be entitled to make any complaint or application, either orally or in writing, to his superior officer who shall, on the request of the officer making such complaint or application, forward the same to the Controller without delay.
(2) No junior or subordinate officer shall-
(a) together with any other such officer, prepare or initially sign any complaint, petition or statement of grievances in relation to any matter concerning the Prisons Service;
(b) petition the Governor-General or Minister in relation to any complaint or grievance unless such complaint or grievance has been previously communicated in writing through his superior officer to the Controller and the reply of the Controller relating to such complaint has been communicated to the officer making the same; or
(c) put forward any anonymous communication whatsoever to any superior officer in the Prisons Service.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
Prohibition on taking part in professional sport
21. No officer of the Prisons Service shall take part in any professional sport.
Issue of equipment, etc.
22.-(1) Officers of the Prisons Service shall be issued with such arms, ammunition, equipment, clothing and appointments as may from time to time be determined by the Controller.
(2) Subject to the provisions of section 16 of the Act, all arms, ammunition, equipment, clothing and other appointments whatsoever supplied to any officer of the Prisons Service or for use by him, under the provisions of this regulation shall remain the property of the Government.
(3) Arms, ammunition, equipment, clothing and other appointments and stores issued to any officer of the Prisons Service shall be used for prison purposes only.
-------------------------------------------------
FIRST SCHEDULE
(Regulation 2)
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
FORM OF DECLARATION ON APPOINTMENT
I, do solemnly and sincerely declare that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, and that I will faithfully serve Her and Her Heirs and Successors, during my service in the Fiji Prisons Service and will obey all orders of the Governor-General and of the officers placed over me and will subject to myself to all Acts, Orders and Regulations relating to the Fiji Prisons Service now in force or which may from time to time be enforced.
Signature of officer of the Prisons Service ........................................................
Sworn (or affirmed) at ................this .....................day of ................, 19.........
Before me: ..................................
(Signature of Controller or senior officer)
_____________
SECOND SCHEDULE
(Regulation 15)
(Substituted by Regulations 18th August 1980++.)
++ See Legal Notice No. 110 of 1980.
RATES OF SUBSISTENCE ALLOWANCE
(a) Junior and subordinate officers (per day) .......................$8.00
_____________
THIRD SCHEDULE
(Regulation 15)
(Substituted by Regulations 4th June 1980+.)
+ See Legal Notice No. 133 of 1980.
RATES OF TRANSFER ALLOWANCES
(a) Junior and subordinate officers (married) ......................$150
(b) Junior and subordinate officers (single).........................$ 80
_____________
SECTION 88-PRISONS REGULATIONS
ARRANGEMENT OF REGULATIONS
PART I-PRELIMINARY
REGULATION
1. Short title.
2. Interpretation.
PART II-GENERAL
3. Manner of applying Regulations.
PART III-ADMINISTRATION
4. Controller's inspections and reports on persons.
5. Enforcement of Regulations.
6. Inspection of prisons by Controller.
Supervisors of Prisons
7. Duties of supervisors.
Officers in charge
8. Duties of officer in charge.
9. Illness or absence of officer in charge.
Chief Officers
10. Duties of chief officer.
11. Inspection of prison by chief officer.
12. Visit to working parties by chief officer.
13. Night visits to prison by chief officer.
14. Prisoners' complaints and applications.
15. Inspection of prisoners' meals.
16. Chief officer in a women's prison.
Prison Officers
17. Duty to report irregularities.
18. Absence from duty.
19. Treatment of prisoners.
20. Testimonials to prisoners.
21. Keys of the prison.
22. Tobacco and liquor.
23. Entering cell at night.
24. Prisoners' complaints and applications to be reported to chief officer.
25. Safe custody of prisoners.
26. Counting and searching of prisoners.
27. Discipline duty.
Gatekeepers
28. Duties of gatekeeper.
29. Gatekeeper not to permit prisoner to pass out of prison without escort.
30. Workmen in prison.
31. Examination of articles by gatekeeper.
PART IV-MEDICAL OFFICER
32. Medical examination of prisoners.
33. Keeping of records.
34. Report on prisoners mentally unsound.
35. Reports on sick prisoners to officer in charge.
36. Prisoners unfit for imprisonment.
37. Reports on prisoners under sentence of death.
38. Inspection of prison by medical officer.
39. Visits to prisoners committed on capital charge.
40. Reports on prisoners charged with capital offence.
41. Review of prisoners' weights.
42. Infectious disease.
43. Death of prisoner.
44. Attendance at executions and corporal punishments.
45. Medical officer's reports on prison hospital.
46. Medical officer to be conversant with Regulations.
47. Entry into prison.
PART V-ADMISSION, CUSTODY AND DISCHARGE OF PRISONERS
48. Prisoners' privileges.
49. Hours of locking up and unlocking.
50. Search of prisoners on admission.
51. Manner of searching.
52. Photographs and particulars of prisoners.
53. Custody and disposal of prisoner's money and other effects.
54. Bathing and weighing of prisoner.
55. Prison clothing.
56. Hair cutting and shaving.
57. Prisoners to keep themselves clean.
58. Classification of prisoner at allocation centre.
59. Establishment of reception boards.
60. Prisoners committed in default of payment of fines, etc.
61. Diets.
62. Computation of sentences.
63. Check of release dates of prisoners.
64. Establishment of discharge boards.
65. Special clothing for appearance in court.
66. Abstract of Regulations to be posted.
PART VI-CLASSIFICATION OF PRISONS AND PRISONERS
67. Controller may set aside prisons for particular classes of prisoners.
68. Male and female prisoners to be kept apart.
69. Method of classification of prisoners.
70. Segregation of various classes of prisoners.
71. Removal of prisoners from various classes.
72. Transfer of prisoners to different classes.
73. Each class may wear a distinguishing badge.
PART VII-THE PROGRESSIVE STAGE SYSTEM
PART VIII-LETTERS AND VISITS TO PRISONERS
PART IX-PETITIONS AND COMPLAINTS
PART X-EMPLOYMENT OF PRISONERS
PART XI-ESCAPES, PROHIBITED ARTICLES AND AREAS
PART XII-CIVIL AND UNCONVICTED, CRIMINAL PRISONERS
PART XIII-DISCIPLINE OF PRISONERS
PART XIV-REMISSION OF SENTENCES
PART XV-COMPULSORY SUPERVISION ORDERS
PART XVI-PRISONERS UNDER SENTENCE OF DEATH
PART XVII-VISITING JUSTICES, VISITING COMMITTEES AND
OFFICIAL VISITORS
PART XVIII-MINISTERS OF RELIGION AND
PRISONERS AID SOCIETIES
PART XIX-EXTRAMURAL PUNISHMENT
PART XX-MISCELLANEOUS
FIRST SCHEDULE-Dietary Scales.
SECOND SCHEDULE-Stage Gratuities.
THIRD SCHEDULE-
Compulsory supervision order; Conditions on which compulsory supervision order is granted.
FOURTH SCHEDULE
Form 1-Medical certificate for removal of prisoner of unsound mind to mental hospital.
Form 2-Medical certificate for removal of a prisoner to a mental hospital for observation,
Form 3-Medical certificate for detention in a mental hospital of a prisoner.
FIFTH SCHEDULE
Form 1-Order of the Minister for removal of a prisoner of unsound mind to a mental hospital.
Form 2-Order of the supervisor for removal of a prisoner to a mental hospital for observation.
Form 3-Order of the Minister for detention in a mental hospital of a prisoner previously removed thereto for observation.
------------------------------------------
SECTION 88-PRISONS REGULATIONS
Regulations* 12th December 1968, 11th April, 1969, 7th September 1970,
Order+ 7th October 1970,
Regulations++ 17th February 1975, 26th October 1976
* See Legal Notices Nos. 51 of 1969, 75 of 1969, 103 of 1970.
+ See Legal Notice No. 112 of 1970.
(Made by the Acting Governor)
Short title
1. These Regulations may be cited as the Prisons Regulations.
PART I-PRELIMINARY
Interpretation
2. In these Regulations, unless the context otherwise requires:-
"chief officer" in relation to a prison where a senior officer has been appointed as officer in charge, means the officer in such prison who is next in seniority and, where no senior officer has been appointed as officer in charge, means the officer in charge of such prison;
"letter" means and includes any written communication addressed to or written by a prisoner whether the same be written, typed or printed;
"prison officer" means any member of the Prisons Service and includes any public officer seconded or attached to such Service;
"prohibited article" means and includes any article which a prisoner is prohibited by the provisions of these Regulations from having in his possession;
"Standing Orders" means Standing Orders made by the Controller under subsection (2) of section 8 of the Act;
"young prisoner" means a prisoner whose apparent age does not exceed 19 years and may, at the discretion of an officer in charge, include a prisoner whose apparent age does not exceed 20 years.
(Amended by Order 7th October 1970f.)
t See Legal Notices Nos. 29 of 1975, 140 of 1976.
PART II-GENERAL
Manner of applying Regulations
3. Subject to the provisions of the Act, these Regulations shall be applied in accordance with the following guiding principles:-
(a) discipline and order shall be maintained with fairness but firmness, and with no more restriction than is required for safe custody and to ensure a well-ordered community life;
(b) in the control of prisoners, prison officers should seek to influence them, through their own example and leadership so as to enlist their willing co-operation;
(c) at all times the treatment of convicted prisoners shall be such as to encourage their self-respect and a sense of personal responsibility, so as to rebuild their morale, to inculcate in them habits of good citizenship and hard work, to encourage them to lead a good and useful life on discharge and to fit them to do so; and
(d) at every prison systems of privileges approved by the Controller and appropriate to the classes of prisoners therein shall be established. Such systems may include arrangements under which money earned by prisoners in prison may be spent by them within the prison.
PART III-ADMINISTRATION
Controller's inspections and reports on persons
4. The Controller shall-
(a) at least twice a year thoroughly and systematically inspect or cause to be inspected every prison established under the provisions of the Act;
(b) report to the Minister any matter which he considers should be brought to the notice of the Minister;
(c) before the 30th April in each year or such other date as may be directed by the Minister prepare and furnish to the Minister a report for the preceding year referring to all matters of interest connected with the administration and the prisons in Fiji.
Enforcement of Regulations
5. The Controller shall ensure that the provisions of the Act and of these Regulations are strictly carried out and shall take all necessary steps to secure uniformity of administration of prisons in Fiji.
Inspection of prisons by Controller
6. The Controller shall on each inspection of any prison-
(a) inspect all of the books, registers, journals and other records required by the provisions of these Regulations or by any Standing Orders to be kept at such prison by the officer in charge and by the medical officer;
(b) visit every part of such prison and see every prisoner who expresses a desire to see him and every prisoner in solitary confinement or in punishment cells;
(c) inquire into all complaints and applications made to him by any prisoner and make such orders and give such directions in respect thereof as he thinks proper;
(d) on completion of each such inspection record in a book, to be known as the Officers Visiting Book, to be kept for that purpose, all orders and directions made or given by him during the course of such visit, together with such remarks as he thinks fit.
Supervisors of Prisons
Duties of supervisors
1. Every supervisor shall-
(a) supervise and control all matters in connection with any or all prisons to which he is appointed and shall be responsible to the Controller for the conduct and treatment of all prison officers and prisoners under his control and for the due observance by all such officers and prisoners of the provisions of the Act and of these Regulations and of all rules and orders made thereunder;
(b) ensure that all returns and reports are duly furnished to the Controller by the officers in charge of all prisons under his control and satisfy himself as to the accuracy thereof;
(c) receive and investigate all complaints and attend to any applications received from any prison officer or from any prisoner;
(d) inspect all prisons under his control as frequently as possible and as the Controller may direct and on each such inspection shall-
(i) inspect and countersign all books, registers, journals and other records required by the provisions of these Regulations or by Standing Orders to be kept by the officer in charge and by the medical officer;
(ii) visit every part of each such prison and see every prisoner detained therein at the time of such inspection especially visiting those in solitary confinement or in punishment cells and all sick prisoners ensuring that proper arrangements are made for their safe custody and that discipline is maintained so far as consistent with the treatment prescribed for them;
(iii) inspect the provisions provided for prisoners and satisfy himself a to the quality of food supplied for their use and inquire into any complaints that may be made to him regarding quality or quantity of rations supplied to prisoners;
(iv) inquire into all complaints and applications made to him by any prisoner and make such orders and give such directions in respect thereof as he thinks proper; and
(v) on completion of such inspection, record in the Officers Visiting Book all orders or directions made or given by him during the course of such inspection together with such remarks as he thinks fit.
Officers in charge
Duties of officer in charge
8. Every officer in charge of a prison shall supervise and control all matters in connection with the prison to which he is appointed and shall be responsible to the supervisor and to the Controller for the conduct and treatment of all prison officers and prisoners under his control and for the due observance by all such officers and prisoners of the provisions of the Act and of these Regulations and all rules and orders made thereunder, forthwith reporting to the supervisor every circumstance which may come to his knowledge likely to affect the safety, health or comfort of prisoners, the efficiency of the prison officers under his control and every other matter which may require the attention of the supervisor or the Controller and shall-
(1) visit and inspect twice daily all wards, cells, yards, workshops, kitchens, latrines and other parts of the prison and every cell or other place in which any prisoner is undergoing punishment or special discipline in respect of any offence, and so far as is practicable, see every prisoner every day and visit daily all prisoners whilst employed at labour:
Provided that if he is unable to make any such daily visits and inspections he shall record in a book to be known as the Occurrence Book to what extent he has omitted them and the cause of such omissions;
(2) take every precaution to prevent the escape of prisoners;
(3) require reports to be made to him accounting for all prisoners in his custody at the closing and opening of the prison, at such hours as they go to or return from labour and at such other times as may be necessary;
(4) assure himself that the cells and wards are unlocked and locked up at the prescribed times and that prisoners go to and return from their work in an orderly manner under proper escort;
(5) arrange for the proper employment of prisoners ensuring that every prisoner is employed according to his capacity for work, that no prisoner transfers from one working party to another without his authority, that the labour on which prisoners are employed is properly entered in the record of each prisoner and that the entry in the record is amended whenever a prisoner's labour is altered;
(6) at least once a week, visit without warning every part of the prison at any hour of the night between the hours of II p.m. and 5 a.m., which visits he shall record in the Occurrence Book slating the hour of each such inspection and the condition of the prisoners;
(7) new prisoners as soon as possible after admission and satisfy himself that they are properly committed to his custody;
(8) without delay, call the attention of the medical officer to any prisoner whose state of mind or body appears to require attention, and carry into effect all written directions of the medical officer respecting any alteration in the discipline, treatment, diet or labour of such prisoner;
(9) supply the medical officer with a list of prisoners under punishment for prison offences at such frequency as the Controller may direct;
(10) without delay, notify the medical officer in writing of the illness of any prison officer or prisoner and supply him with a list of the prisoners who have reported sick;
(11) visit the prison hospital daily and see all prisoners therein ensuring that proper arrangements exist for the safe custody of prisoners employed on hospital duties;
(12) upon the death of a prisoner, immediately give notice in writing to the Controller, to the medical officer and to the visiting justice;
(13) enter in the Occurrence Book, all his orders relative to punishment and discipline of prisoners and cause such orders to be communicated to the prison officers concerned;
(14) hear reports daily at such hour as may be most convenient;
(15) ensure that any prisoner having a complaint or request to make of him, shall have ample facilities for doing so, and redress any legitimate grievance or take such steps as may seem necessary in relation thereto, and every such complaint or request shall be entered in the prisoner's personal record together with the decision of the officer in charge in each case;
(16) forward to the supervisor for transmission to the Controller without delay every report or complaint which any prison officer wishes to make to the Controller with any comment which he may wish to make in relation to such complaint or report;
(17) forward to the supervisor any report or complaint against a prison officer with which he is not competent or willing to deal; but, in every case he shall permit the officer concerned to see the report or complaint against him, and to make a reply to it for the information of the supervisor;
(18) inform the visiting justice or any official visitor of any prisoner who expresses a desire to see them;
(19) ensure that every prisoner under punishment for a prison offence is visited during the day at intervals of not more than one hour by a prison officer;
(20) attend every corporal punishment inflicted in the prison and enter in the Corporal Punishment Book the date and hour at which such punishment was inflicted, the number of strokes inflicted, any orders which the medical officer may have given on the occasion and any special circumstances connected with it;
(21) report to the supervisor every occasion on which he orders a prisoner to be placed under restraint, the duration of the order and the reason occasioning it;
(22) ensure that all prison officers under his control maintain proper discipline amongst themselves and amongst the prisoners and that they maintain and wear their clothing in a clean and proper manner and condition;
(23) enter in the Occurrence Book the number of prisoners unlocked and locked up, any matters of importance which have occurred during the day, any omission of duty and the reasons for such omissions;
(24) use his best endeavours to promote the education of prisoners and to fit them for return to society;
(25) be responsible for all accounts, stores, furniture, tools, clothing, arms and ammunition kept in the prison;
(26) read and initial or cause to be read and initialled every letter addressed to or written by a prisoner, using his discretion in communicating to or withholding from any prisoner at any time the contents of any letter addressed to such prisoner but in every case in which he withholds the contents of a letter from any prisoner he shall record that fact together with his reasons therefor in the Withheld Letters Register;
(27) enter in the Occurrence Book any instance in which he refuses admission to any visitor to any prisoner and the cause thereof;
(28) in addition to the records required to be kept under the provisions of these Regulations keep such other records as the Controller may direct;
(29) ensure that those sections of the Act and these Regulations relating to the treatment of prisoners in general, the discipline of prisoners and the punishments to which they are liable for any infringement thereof are communicated to prisoners on first admission;
(30) be responsible for the safe custody of all records, commitment warrants and other documents committed to his care and for money, clothing and other articles taken from prisoners;
(31) receive all fines and penalties paid by or on behalf of any prisoner and pay them without delay to the person appointed to receive them;
(32) in addition to any other returns required by the Controller, make out and forward to the supervisor on the last day of each month for transmission to the Controller the following returns:-
(a) a return showing the daily distribution of all prisoners during the month; and
(b) a list of prison offences committed by prisoners during the month and of all punishments in respect thereof and under what and by whose authority;
(33) inspect the supplies of provisions furnished by all contractors and immediately report to the supervisor any instance in which he finds any such supplies deficient in quantity or quality;
(34) afford such advice and assistance as may be necessary to enable prisoners to forward petitions to any authority;
(35) each night ensure that all keys are safely disposed of in proper custody;
(36) superintend generally the distribution of all working parties when proceeding to their labour and see that all prisoners are thoroughly searched before entering the prison and before being locked up for the night;
(37) on leaving the prison for any purpose ensure that the next most senior officer on duty attends to his duties within the prison with instructions as to where he is to be found in the event of his presence being required;
(38) make inquiry weekly as to the condition of prisoners who have been removed to any hospital or mental hospital for treatment;
(39) either personally or by the next most senior officer in the prison make frequent visits to all working parties and ensure that all prisoners are kept steadily to the labour to which they have been assigned;
(40) ensure that all prison officers under his control at the prison are properly instructed in their duties and responsibilities;
(41) promote the utmost economy in every department of the prison.
Illness or absence of officer in charge
9. When by reason of the illness or absence from the prison of the officer in charge, the charge of the prison shall devolve on the next most senior prison officer serving in the prison.
Chief Officers
Duties of chief officer
10.-(1) The chief officer shall, subject to the directions of the officer in charge, be the principal discipline officer of the prison and shall ensure that all written laws and orders are strictly observed and that proper discipline is maintained throughout the prison. In the absence of the chief officer, the officer who is next in seniority shall be responsible for performing all the duties of the chief officer.
(2) The chief officer shall carry out any duties that may be specially assigned to him by the officer in charge.
Inspection of prison by chief officer
11. The chief officer shall visit and inspect the whole prison and shall see every prisoner therein at least twice in every 24 hours, and in default of such daily visits and inspections he shall record in his Journal how far he has omitted them and the cause of such omission.
Visit to working parties by chief officer
12. The chief officer shall visit daily every party of prisoners while at work, both inside and outside the prison and shall ensure that discipline and order are maintained among them and report thereon as may be directed by the officer in charge.
Night visits to prison by chief officer
13. The chief officer shall inspect every part of the prison at least once a week between the hours of 11.00 p.m. and 5.00 a.m. and shall record, in red ink, in his Journal the time of such visit and the condition of the prison.
Prisoners' complaints and applications
14. The chief officer shall ensure that every prisoner having a complaint or application to make shall have an opportunity of doing so. He shall ensure that every prisoner is able to record a complaint or application in the Prisoners' Complaint and Application Book and shall bring that book to the notice of the officer in charge daily.
Inspection of prisoners' meals
15. The chief officer shall inspect and superintend the issuing of prisoners' meals.
Chief officer in a women's prison
16. In a women's prison, the senior woman prison officer shall perform all the duties of the chief officer set out in this Part.
Prison Officers
Duty to report irregularities
17. A prison officer shall immediately report to his immediately superior officer any contravention of the provisions of the Act, or of these Regulations or Standing Orders which may come to his notice.
Absence from duty
18. No subordinate officer shall be absent from the prison during hours of duty without leave from the officer in charge.
Treatment of prisoners
19.-(1) No prison officer shall use force in dealing with any prisoner except-
(a) in self-defence;
(b) in the defence of another prison officer, or of any prisoner or visitor; or
(c) when reasonably necessary to prevent any prisoner from escaping or to preserve the peace or to compel obedience to lawful orders which such prisoner refuses to obey or in order to maintain discipline in the prison,
in which case no more force than is necessary shall be used and no such officer shall act deliberately in a manner calculated to provoke a prisoner.
(2) No prison officer shall punish or inflict any privation upon any prisoner except in accordance with the provisions of the Act or these Regulations.
(3) Every prison officer in charge of any prisoners in association shall prevent all unauthorised communication by any of such prisoners with any other person.
(4) No prison officer shall unnecessarily converse with any prisoner nor allow any familiarity towards himself or any other prison officer nor shall he on any account discuss his duties, matters of discipline, prison arrangements or his own private affairs within the hearing of any prisoner.
Testimonials to prisoners
20.-(1) No prison officer shall give a testimonial to or in respect of, any prisoner or former prisoner as regards the prisoner's conduct in prison or elsewhere.
(2) No subordinate officer shall receive private visitors while on duty.
Keys of the prison
21. No prison officer entrusted with any of the keys of the prison 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 the officer in charge or to such other prison officer as may be authorised by the officer in charge to receive them.
Tobacco and liquor
22. No prison officer shall introduce or use liquor within any prison or, except with the express authority of the officer in charge thereof, introduce or use tobacco within any prison.
Entering cell at night
23.-(1) No subordinate officer shall enter a prisoner's cell at night without being accompanied by another officer except in cases of imperative necessity and in such circumstances he shall make an immediate report to his superior officer.
(2) No male prison officer shall enter any part of a prison in which women prisoners are confined unless accompanied by a woman prison officer.
Prisoners' complaints and applications to be reported to chief officer
24. A subordinate officer shall inform the chief officer without undue delay of the name of any prisoner who desires to see the chief officer or to make a complaint or application.
Safe custody of prisoners
25. Subordinate officers shall be responsible for the safe custody of prisoners under their charge and with this in view they shall count the prisoners at least once every half hour, and always:
(a) on receiving charge of a party;
(b) on handing over charge;
(c) on leaving any building or work.
Counting and searching of prisoners
26.-(1) On proceeding with prisoners to their labour the prison 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 officer in charge or other officer appointed to be in charge of the distribution of prisoners and thereafter such officer in charge of the party shall be responsible for the safe custody and regular conduct of all prisoners in the party and shall especially ensure that they do not straggle, go out of his sight, or hold any communication with any workmen or other person not connected with the prison or in any way obtain possession of any prohibited article.
(2) On return of any prisoner to a prison and when locating prisoners for the night every prison officer in charge of any such prisoner or prisoners shall search them thoroughly and ensure that they have no prohibited articles in their possession.
(3) No prison officer who is in charge of prisoners shall under any pretext what-so ever leave such prisoners unless he is properly relieved of his charge by another prison officer.
Discipline duty
27. Every prison officer is liable to perform discipline duty if required.
Gatekeepers
Duties of gatekeeper
28.-(1) The prison officer acting as gatekeeper of any prison (hereinafter referred to as the gatekeeper) shall not allow any person, not being a prison officer, or a prisoner, to enter the prison without the sanction of the Controller or the officer in charge.
(2) The provisions of paragraph (1) shall not apply to-
(a) The Governor-General;
(b) the Minister or any person authorised in writing by the Minister;
(c) the Chief Justice and any Puisne Judge;
(d) the medical officer or his representative;
(e) a visiting justice or an official visitor;
(f) a public officer who is required to visit a prison in the course of his duties.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(3) The gatekeeper shall keep a record in the Gate Book of all persons, other than prison officers on regular shifts, entering or leaving the prison and he shall require all such persons to write their names in a book provided for that purpose.
(4) The gatekeeper shall not allow any person other than a prison officer to enter the prison without being accompanied by a prison officer.
Gatekeeper not to permit prisoner to pass out of prison without escort
29.-(1) The gatekeeper shall not allow any prisoner to pass out of the prison unaccompanied by a prison officer.
(2) The gatekeeper shall carefully check the admission of prisoners' visitors and if he is not satisfied that the visit is in order he shall immediately report the matter to the chief officer for instructions.
Workmen in prison
30.-(1) The gatekeeper shall warn all work people who may be working in the prison that they are not allowed to speak to or give anything to any prisoner without proper authority.
(2) The gatekeeper shall satisfy himself that work people passing out of the prison correspond with those who entered.
Examination of articles by gatekeeper
31.-(1) The gatekeeper shall take charge of any article, food or letter brought to the prison for a prisoner and he shall deliver them to the chief officer or to the officer detailed by the chief officer to receive them.
(2) The gatekeeper shall ensure that no prohibited article is brought into the prison and that no prison property or unauthorised letter or other communication is taken out of the prison except with the authority of the chief officer, and, for this purpose, shall stop and search any person whom he reasonably suspects to be carrying any such article, property, letter or communication and shall stop and examine every vehicle entering or leaving the prison:
Provided that no female may be searched except by a woman prison officer.
PART IV-MEDICAL OFFICER
Medical examination of prisoners
32.-(1) The medical officer, or his subordinate shall-
(a) where practicable examine every prisoner on first admission to the prison and before such prisoner is made to do or carry out work;
(b) examine every prisoner ordered to undergo punishment for a prison offence if such punishment involves solitary confinement or a reduction of the prisoner's normal diet and shall certify in writing whether in his opinion such punishment may be inflicted without the probability of serious injury being caused thereby;
(c) visit as often as may be necessary the prisoners who are sick;
(d) direct such modifications of labour and diet of prisoners as in particular cases he may deem necessary.
(2) After every medical examination carried out under the provisions of sub-paragraph (a) of paragraph (1), the medical officer shall enter in the prisoner's medical record the state of health of the prisoner and any other information which he may consider desirable to record.
(3) The medical officer shall after the medical examination of a prisoner enter in the prisoner's medical record whether or not the prisoner is fit for normal labour and whether there shall be any restriction or condition regarding the type of labour to which the prisoner may be put.
Keeping of records
33. The medical officer shall enter or cause to be entered in the medical officer's day book and the prisoner's medical record, an account of the name, disease, state and treatment of every prisoner reporting sick and such book and record shall be accessible to the officer in charge.
Report on prisoners mentally unsound
34. The medical officer shall report in writing to the officer in charge any case of a prisoner whose mind has been or appears to him to be injuriously affected or who is mentally disordered and shall give written directions in such case as he may think proper.
Reports on sick prisoners to officer in charge
35. The medical officer shall report in writing to the officer in charge any case of a prisoner (other than a case to which regulation 34 applies) which, in his opinion, based on medical grounds, should be brought to the notice of the officer in charge and shall make such recommendations as he may think proper to the officer in charge as regards discipline or treatment of such prisoner or the supply of additional or alternative food or articles to such prisoner:
Provided that in the case of additional or alternative food such recommendation shall be reviewed monthly by the medical officer.
Prisoners unfit for imprisonment
36. Whenever the medical officer is of the opinion that-
(a) the life of a prisoner is likely to be endangered by his continued imprisonment; or
(b) a sick prisoner will not survive his sentence; or
(c) a prisoner is totally and permanently unfit for prison discipline, he shall submit his opinion and the grounds thereof in writing to the officer in charge who shall forward the same to the Controller.
Reports on prisoners under sentence of death
37.-(1) The medical officer shall report in writing to the officer in charge on the mental condition of a prisoner under sentence of death as follows:-
(a) within one week of sentence being passed;
(b) if one week has elapsed between the passing of sentence and the transfer of the prisoner to the prison where the sentence is to be carried out, as soon as practicable after his admission to the latter prison;
(c) if subsequently there is, in the opinion of the medical officer, a change in the mental condition of the prisoner, immediately on observation of such change;
(d) immediately after the dismissal of any appeal lodged by the prisoner.
(2) The officer in charge shall immediately submit any report made by the medical officer under the provisions of this regulation to the Controller.
Inspection of prison by medical officer
38. At least once every month the medical officer shall inspect every part of the prison and during such inspection he shall pay special attention to the sanitary state of the prison, the health of the prisoners, and the adequacy and proper cooking of the diets; and enter in the medical officer's day book the results of such inspection.
Visits to prisoners committed on capital charge
39. The medical officer shall visit every person in the prison who is committed for trial on a capital charge and shall make such observations and notes thereon as may be requisite to enable him to give evidence as to the mental condition of such person, if required, at the trial.
Reports on prisoners charged with capital offence
40. The medical officer shall at least one week before the trial of any person on a capital charge submit a report in writing to the Attorney-General with a copy to the Controller on the mental condition of the person staling whether or not any indication of insanity has been exhibited and whether or not in his opinion the person is fit to plead; and if the medical officer is of the opinion that there is a distinct history of periodical attacks of insanity, followed by intervals of mental lucidity, and that the person has enjoyed a lucid period whilst under observation in prison, his report shall embody this opinion.
Review of prisoners' weights
41. At least once in every month the medical officer shall review the weights of the prisoners as recorded in the weight book.
Infectious disease
42. On the appearance of any infectious disease in a prison, the medical officer shall immediately inform the officer in charge and the Permanent Secretary for Health thereof and shall take such steps including the giving of written directions in relation thereto to the officer in charge and shall superintend the steps taken for this purpose.
Death of prisoner
43. On the death of any prisoner, the medical officer shall record in the register of deaths the following particulars in respect of the deceased prisoner so far as they can be ascertained:-
(a) the day on which he first complained of illness or was observed to be ill;
(b) the labour, if any, for which he was engaged on that day;
(c) the scale of his diet on that day;
(d) the day on which he was admitted to hospital;
(e) the day on which the medical officer was first informed of such illness;
(f) the nature of the illness;
(g) the day when he was last seen before death by the medical officer;
(h) the date and time of death together with an account of his appearance after death and any other remarks that the medical officer may consider necessary; and
(i) the opinion of the medical officer as to the cause of death.
Attendance at executions and corporal punishments
44. On receiving notice from the officer in charge, the medical officer shall attend the execution of every prisoner under sentence of death and every infliction of corporal punishment.
Medical officer's reports on prison hospital
45. The medical officer shall report in writing to the officer in charge any irregularity in the prison hospital, clinic or sick bay which may come to his knowledge and any difficulty or obstruction with which he may meet in the performance of his duties.
Medical officer to be conversant with Regulations
46. The medical officer shall make himself conversant with the provisions of these Regulations and shall conform with them, and shall support the officer in charge in the maintenance of discipline and order and safe custody of prisoners in so far as the medical officer's duties affect these matters.
Entry into prison
47. The medical officer may enter the prison at any time of the day or night in the exercise of his duties.
PART V-ADMISSION, CUSTODY AND DISCHARGE OF PRISONERS
Prisoners' privileges
48. No prisoner shall be entitled to exercise any right or claim any privilege which is not a right or privilege conferred on such prisoner by or under the Act or these Regulations or any other written law.
Hours of locking up and unlocking
49.-(1) No prisoner shall be admitted to prison between the hours of 7 p.m. and 7 a.m.:
Provided that at the discretion of the Controller an officer in charge may be authorised to admit prisoners to prison at such other hours as may be determined.
(2) All prisoners shall be locked up in the evening and unlocked in the morning at such times as the Controller may from time to time direct.
Search of prisoners on admission
50. Every prisoner shall be searched on admission to a prison and at such times thereafter, as the officer in charge may direct and all prohibited articles found on any prisoner shall be taken from him:
Provided that a female prisoner may only be searched by a female prison officer.
Manner of searching
51. The searching of a prisoner shall be conducted with due regard to decency and self-respect and in as seemly a manner as is consistent with the necessity of discovering any concealed article. No prisoner shall be stripped and searched in the presence of another prisoner.
Photographs and particulars of prisoners
52.-(1) Upon admission to a prison and from time to time as may be required, every prisoner may be photographed and his name, age, height, particular marks and general appearance shall be recorded in the prisoner's personal record.
(2) The following provisions shall apply to the taking of photographs, descriptions, measurements, fingerprints, palm prints and footprints of any criminal prisoner:-
(a) he shall be photographed either in prison clothing or in the clothes which he is wearing at the time of his admission to prison or in any other clothing suitable to his ostensible position and occupation in life;
(b) any photograph taken shall include a photograph of the full face and a photograph of the true profile of the prisoner;
(c) the description taken may include-
(i) a general description of the appearance of the prisoner;
(ii) the size and relative position of every scar and descriptive mark
upon any part of the body; and
(iii) the signature of the prisoner;
(d) the measurements taken shall include the height and weight of the prisoner and such other measurements as the Controller may direct;
(e) fingerprints, palmprints, and footprints may be taken in such manner as the Controller may direct.
Custody and disposal of prisoners' money and other effects
53.-(1) All money, clothing or other effects brought into a prison by any prisoner, or sent to a prisoner for his use, not expressly allowed by these Regulations and which he is not permitted to retain shall be taken from the prisoner and placed in the custody of the officer in charge. An inventory thereof shall be recorded in the prisoner's personal record and prisoner's property book, which shall be signed by the prisoner and the officer in charge.
(2) All such money, clothes or other effects shall be returned to such prisoner on his release or discharge from prison.
(3) In any case in which the clothes of any prisoner are so old, worn out or filthy as to be unfit for further use the officer in charge may order the same to be destroyed, and in such case, on the release or discharge of such prisoner, the officer in charge may, at public expense, provide him with clothing, suitable to his position in life.
(4) Any article of a perishable, objectionable or dangerous nature brought in by a prisoner may be destroyed.
(5) The officer in charge may refuse to take into prison any property of a prisoner which by reason of its bulk, nature or excessive quantity cannot be stored in the prison.
Bathing and weighing of prisoner
54.-(1) Every prisoner shall take or be made to take a bath on admission.
(2) The officer in charge shall cause every prisoner to be weighed immediately on his admission to prison and once each month thereafter.
(3) The weight of a prisoner determined at each weighing referred to in paragraph (2), shall be recorded in the prisoner's personal record and the Prisoners' Weight Book.
(4) The officer in charge shall notify the medical officer of any substantial change in the weight of any prisoner.
Prison clothing
55.-(1) On admission to prison every convicted criminal prisoner shall be provided with and shall use prison clothing and bedding of such type and quantity as the Controller may direct and any other prisoner may be provided with prison clothing and bedding, if he so elects or if, in the opinion of the officer in charge, the clothing and bedding of such prisoner is inadequate.
(2) The clothing and articles issued to convicted criminal prisoners shall be marked in such manner as the Controller may direct:
Provided that-
(i) the quantity of such clothing shall be such as to permit him to change his clothing at least twice a week; and
(ii) any prisoner whose health may require it shall be allowed such other articles of clothing or footwear as shall be ordered by the medical officer.
Hair cutting and shaving
56.-(1) Every male convicted criminal prisoner shall, unless otherwise ordered by the officer in charge, have his hair and beard cut short and shall be shaved as often as may be necessary:
Provided that a prisoner may be permitted to grow his hair and beard, as he may desire, for two weeks before his release or discharge from prison.
(2) No woman prisoner shall have her hair cut except at her own request or upon the direction of the medical officer if he considers it necessary for the sake of health or cleanliness.
(3) The hair of a prisoner awaiting trial shall be kept, as far as cleanliness permits, in the same state as it was on his admission to prison.
Prisoners to keep themselves clean
57. Every prisoner shall-
(a) keep himself clean and decent in his person and shall obey such directions as to bathing and otherwise as may be given for that purpose; and
(b) keep his cell or ward and the precincts thereof in a state of cleanliness.
Classification of prisoner at allocation centre
58.-(1) There shall be established at Suva Prison, or at such other prison as the Controller may declare, an allocation centre which shall be under the charge of such senior officer as the Controller may appoint.
(2) All convicted criminal prisoners sentenced to more than six months imprisonment, or such other period as the Controller may decide, shall as soon as possible after conviction be admitted to the allocation centre.
(3) The officer in charge of the allocation centre shall cause enquiries to be made as to the prisoner's previous history, character and general background and shall, after interviewing the prisoner submit the results of his enquiries to an allocation board to be appointed by the Controller and that board shall classify the prisoner in accordance with these Regulations and allocate him to the prison which it considers most suitable for the training and rehabilitation of the prisoner:
Provided that nothing in this regulation shall prevent the Controller from ordering that a prisoner shall be transferred from one prison to another, if the need for such transfer should subsequently become apparent.
Establishment of reception boards
59.-(1) At such prisons as the Controller may designate there shall be established a board, to be known as "the reception board" consisting of the officer in charge and such other persons as the Controller may appoint.
(2) The reception board shall as soon as possible after a prisoner's admission (unless such day be a Sunday or public holiday) interview the prisoner and decide upon the training and employment most suited to his needs.
(3) The reception board shall at the interview with the prisoner, provide him with information about so much of these Regulations as concern the treatment of prisoners of his class, the remission system, stage system, privileges, the proper method of making complaints and applications and the disciplinary requirements of the prison.
Prisoners committed in default of payment of fines, etc.
60. A prisoner who is committed to prison in default of payment of a fine, compensation, debt or costs or for want of surety shall, on admission, be informed by the officer in charge of the lawful means whereby he may obtain his release from prison.
Diets
61.-(1) Any prisoner on admission may elect to take any of the dietary scales prescribed in the First Schedule and having made such election he shall not be permitted to change to any other dietary scale without the approval of the officer in charge or on the recommendation of the medical officer.
(2) On any occasion that a particular item specified in the dietary scale prescribed in the First Schedule cannot reasonably be provided, the Controller or officer in charge may authorise the substitution for such item of another item of the same or similar nutritive value.
(3) In the case of any particular prisoner, the dietary scale prescribed in the First Schedule may be increased, reduced or otherwise varied by the officer in charge on the recommendation of the medical officer whenever that officer considers it advisable or necessary in the interests of the health of such prisoner and every such alteration shall be recorded in such prisoner's medical record.
(4) The food supplied shall be wholesome in quality and prepared and cooked in clean receptacles.
(5) The quality and quantity of rations shall be tested daily by the officer in charge and the chief officer.
(6) No prisoner shall be required to work unless he has partaken or had the opportunity of partaking of food before the day's work begins.
(7) If any prisoner complains that he has not received his proper allowance of food the officer in charge shall cause his rations to be weighed or measured in his presence and the deficiency, if any, shall be thereupon made up.
Computation of sentences
62.-(1) All sentences shall be computed as follows:-
(a) a term of imprisonment shall be deemed to run from the first moment of the day on which the sentences begins;
(b) due provision shall be made for any remission to which the prisoner may be entitled; and
(c) a sentence of imprisonment expressed in terms of one month or so many months, or one year or so many years shall run to the date in the month or year in which it expires preceding that on which it commenced, whatever be the number of days in the month or months or year or years.
(2) Prisoners may be discharged at noon on the day on which they are entitled to be discharged, but should that day fall on a Sunday or a public holiday, they may be discharged at noon on the preceding week day:
Provided that no prisoner shall be entitled to be discharged until the end of the last day of his sentence.
Check of release dates of prisoners
63.-(1) The officer in charge shall, at least once a month, check the release dates of all prisoners who are due for discharge in the ensuing month.
(2) Subject to the directions of the Controller, the officer in charge shall, on the day of discharge of any prisoner, notify the Criminal Records Office, Police Headquarters, of such discharge.
Establishment of discharge boards
64.-(1) At such prisons and in respect of such categories of prisoners as the Controller may designate there shall be established a board to be known as "the discharge board" which shall consist of the officer in charge and such other persons as the Controller may appoint.
(2) The discharge board shall, at least three months before a prisoner's discharge or release, interview the prisoner and determine the action to be taken as regards his welfare, employment and after care after the prisoner's discharge or release from prison.
(3) The officer in charge shall enter details of the discharge board's determination and recommendations in the prisoner's personal record.
Special clothing for appearance in court
65.-(1) A prisoner shall not appear in court whilst in prison clothing.
(2) If the private clothing of a prisoner is not suitable or sufficient for the purpose of his appearance in court he shall be provided with garments which are not of a prison pattern.
Abstract of Regulations to be posted
66. A printed abstract of these Regulations in English, Fijian and Hindustani approved by the Controller, relating to the treatment and conduct of prisoners shall be posted in every prison in such place or places that it may readily be read by all prisoners.
PART VI-CLASSIFICATION OF PRISONS AND PRISONERS
Controller may set aside prisons for particular classes of prisoners
67. The Controller may set aside prisons or parts of prisons for the custody of particular classes of prisoners.
Male and female prisoners to be kept apart
68. Male and female prisoners shall be kept apart and confined in separate prisons or in separate parts of the same prison in such manner as to prevent, as far as practicable, their seeing or communicating with each other.
Method of classification of prisoners
69.-(1) With a view to facilitating the training of prisoners and of minimising the danger of contamination, prisoners shall be classified, having regard to their sex, age, character and previous history, in the following classes:-
(a) the unconvicted class-which shall consist of criminal prisoners on remand or awaiting trial, debtors and civil prisoners;
(b) the convicted class-comprised of the following classes:-
(i) the young prisoner class-which shall consist of convicted criminal prisoners whose apparent age does not exceed 19 years or prisoners not exceeding 20 years of age who, in the opinion of the officer in charge should not, having regard to their character, be classed with adult prisoners;
(ii) the star class-which shall consist of convicted criminal prisoners not being in the young prisoner class, who are first or second offenders, or other prisoners who, in the opinion of the officer in charge, are of relatively good character and have no vicious tendencies or habits;
(iii) the ordinary class-which shall consist of convicted criminal prisoners not placed in the young prisoner or star class;
(iv) the short sentence class-which shall consist of convicted criminal prisoners sentenced to terms of imprisonment not exceeding three months;
(v) the women's class-which shall consist of convicted criminal women prisoners of any category.
(2) So far as may be practicable prisoners in any class shall be sub-classified according to their character and length of sentence.
Segregation of various classes of prisoners
70. Arrangements shall be made at all prisons to provide, as far as practicable, for effectively segregating the various classes and sub-classes of prisoners from each other at all times.
Removal of prisoners from various classes
71. The Controller may, in his discretion, at any time remove from the young prisoner class a prisoner whom he considers is unsuitable by reason of his character for that class and may place him in the star class or ordinary class. The officer in charge may, in his discretion, remove from the star class to the ordinary class a prisoner whose behaviour and character has shown him to be unfit to associate with prisoners of the star class.
Transfer of prisoners to different classes
72. The Controller may, on the recommendation of the officer in charge, at any time transfer a prisoner from the ordinary class to the star class.
Each class may wear a distinguishing badge
73. The Controller may require each class to wear a distinguishing badge or uniform.
PART VII-THE PROGRESSIVE STAGE SYSTEM
Establishment of stage system
74. All convicted criminal prisoners at such prisons as the Minister by written instruction to the Controller may direct shall serve their sentences in accordance with the stage system prescribed by these Regulations and shall be eligible to receive such stage gratuities as are prescribed in the Second Schedule:
Provided that the provisions of paragraph (a) of regulation 86, regulation 87 and paragraphs (2) and (3) of regulation 88 shall apply to all convicted criminal prisoners in prisons to which the stage system has not been applied.
Length of sentence for stage system
75. For the purposes of the stage system the length of a prisoner's sentence shall be deemed to be the total of all consecutive or overlapping sentences.
Promotions in stage
76. Promotions from one stage to another and payment of stage gratuities shall depend upon good conduct, application to work and length of service in each stage.
First stage
77.-(1) A prisoner shall be placed in the first stage on admission and shall remain therein for not less than 3 months:
Provided that in the case of prisoners already serving a sentence at the date of the application of this Part to the prison in which they are serving their sentences such prisoners shall for the purpose of this paragraph be deemed to have been admitted to such prison on that date.
(2) Subject to the directions of the officer in charge, prisoners in the first stage shall be employed at ordinary labour.
(3) Prisoners in the first stage shall not be eligible to receive stage gratuity.
(Substituted by Regulations 11th April 1969*.)
* See Legal Notice No. 75 of 1969.
Second stage
78.-(1) After serving 3 months in the first stage a prisoner shall be eligible to enter the second stage but shall not be promoted to the second stage until he has served in the first stage for a period of not less than 3 months immediately preceding his promotion without being found guilty of a prison offence.
(2) Prisoners in the second stage shall be employed, at such labour as may be directed and, subject to good work and conduct, shall be eligible to receive stag gratuity.
Third stage
79.-(1) After serving 12 months in the second stage a prisoner shall be eligible to enter the third stage, but shall not be promoted to the third stage until he has served in the second stage for a period of not less than 3 months immediately preceding his promotion without being found guilty of a prison offence.
(2) Prisoners in the third stage shall be employed at a trade or such other work as the officer in charge may direct and, subject to very good conduct and application to work, shall be eligible to receive stage gratuity.
Special stage
80.-(1) After serving 15 months in the third stage a prisoner shall be eligible to enter the special stage but promotion to the special stage shall be granted only to specially selected prisoners who merit such promotion by reason of their exemplary behaviour and excellent industry and output at work.
(2) A prisoner in the special stage shall be known as an Honour Prisoner and shall be employed at a trade or such other work as the officer in charge may direct and, subject to excellent conduct and industry, shall be eligible to receive stage gratuity.
(3) A prisoner in the special stage whose conduct and work have been continuously excellent from the time of his entering the third
stage and who has been in the special stage for at least 2 years may, with the approval of the Minister on the recommendation of
the Controller, be discharged 7 days earlier than his normal date of release.
(Amended by Order 7th October 1970+.)
+See Legal Notice No. 112 of 1970.
Expenditure of gratuity
81.-(1) A prisoner entitled to stage gratuity may be permitted to spend up to half of his monthly gratuity upon the purchase of tobacco and such other goods as the Controller may direct. The balance shall be placed to the credit of the prisoner.
(2) The balance of stage gratuity credited to a prisoner shall be paid to him on discharge or release by the officer in charge and both the officer in charge and the prisoner shall sign their names in the prisoners' gratuities account book to certify the correctness of the payment and its receipt by the prisoner.
Days in hospital or on punishment
82. No prisoner shall be eligible to receive stage gratuity in respect of days spent in hospital or for days spent in confinement as a punishment for a prison offence.
Reduction in stage
83.-(1) As a punishment or part of a punishment for a prison offence or for failure to maintain satisfactory standards of work or conduct, the Controller, supervisor or senior officer may reduce a prisoner from the stage he is on to a lower stage.
(2) A prisoner who has been reduced to a lower stage shall not be entitled to re-enter his previous stage and shall not be promoted to any stage unless-
(a) in the case of reduction from the second or third stage he serves for at least 3 months in the lower stage without being found guilty of a prison offence; or
(b) in the case of a first reduction from the special stage he has served for a period of 6 months in the lower stage without being found guilty of a prison offence; or
(c) in the case of a second reduction from the special stage he has served for a period of 12 months in the lower stage without being found guilty of a prison offence.
(3) In addition to or in lieu of reducing a prisoner to a lower stage the Controller may order that a prisoner shall be deprived of stage gratuity for a period not exceeding 3 months. A supervisor or senior officer may order that a prisoner shall be deprived of stage gratuity for a period not exceeding 6 weeks.
Uniforms or badges for each stage
84. The Controller may direct that prisoners in each stage shall wear a special uniform or badge.
Prisoners on extramural punishment not eligible
85. A prisoner sentenced to imprisonment for a period not exceeding 6 months who elects to serve his sentence extramurally shall not be eligible for inclusion in the progressive stage system.
Stage privileges
86. Stage privileges shall be accorded prisoners as follows:-
(a) prisoners in the first stage may-
(i) be allowed to have library books and exchange them as often as may be practicable; and
(ii) be allowed to attend such concerts, cinema shows, lectures and to receive such other privileges as the officer in charge may direct; and
(iii) write one letter every fortnight and receive such letters as the Controller or officer in charge may approve; and
(iv) receive a visit of 15 minutes duration once in every 4 weeks or to write a letter in lieu thereof;
(b) prisoners in the second stage may-
(i) be allowed to have library books and to exchange them as often as may be practicable; and
(ii) be allowed to attend concerts, cinema shows, lectures, school classes, and to receive such other privileges as the officer in charge may direct; and
(iii) write one letter every fortnight and receive such letters as the Controller or officer in charge may approve; and
(iv) receive a visit of not less than 15 minutes duration, or such other period as the Controller may direct, every 4 weeks or to write one letter in lieu thereof;
(c) prisoners in the third and special stages may:-
(i) be allowed to attend concerts, cinema shows, lectures, school classes, vocational training classes, handicraft classes and have musical instruments approved by the Controller for use during the period of evening recreation when outside their cells and shall also be permitted to participate in such other evening and weekend activities as may be arranged; and
(ii) be permitted to have approved means of recreation in their cells; and
(iii) be permitted to leave the prison under escort in order to take part in competitive games approved by the officer in charge; and
(iv) be allowed to have library books and to exchange them at any time the library is open; and
(v) be permitted to undertake educational correspondence courses approved by the Controller; and
(vi) in the case of prisoners in the third stage, be allowed to write one letter every 10 days and subject to the other provisions of these Regulations to receive letters without restriction;
(vii) be allowed to receive a visit of not less than 20 minutes duration, or such other period as the Controller may direct, every 3 weeks or to write one letter in lieu thereof;
(d) in addition to the privileges hereinbefore mentioned, prisoners in the special stage may:-
(i) be allowed to write one letter a week and subject to the other provisions of these Regulations, to receive letters without restriction; and
(ii) be allowed to receive a visit of not less than 30 minutes duration, or such other period as the Controller may direct, under minimum supervision or to write one letter in lieu thereof; and
(iii) if he has received no visit for a period of 12 months, be eligible for transfer to the prison nearest to his home there to be visited by his relatives and friends for a period of 7 days, or, alternatively, he shall be eligible to apply for an "indigent relatives" visit at the prison in which he is incarcerated; and
(iv) be permitted, whenever possible, to occupy separate dormitory accommodation specially furnished, or, where this is not practicable, their cells may be provided with special furniture and extra bedding; and
(v) be allowed to be unlocked from their cells or dormitory at midday and until one hour after all other prisoners have been locked up and similar facilities may be provided at week-ends; and
(vi) be permitted to move about the prison without escort and to lead other prisoners in small working parties within the confines of the prison.
Controller may direct further privileges
87. The Controller may direct that prisoners in any stage shall be eligible to receive additional privileges, including letters and visits, but such prisoners may be liable to forfeit such additional privileges as a punishment or part of a punishment for a prison offence, or for failure to maintain sufficiently high standards of industry or conduct to justify their continuance.
Special promotion in stage
88.-(1) The Controller may authorise the promotion of a prisoner to a higher stage or to the special stage for any act or conduct on the part of the prisoner concerned that is particularly deserving of reward.
(2) Prisoners in all stages shall be eligible to receive suitable books and periodicals provided they are donated to the prison library after perusal.
(3) The Controller may permit prisoners in all stages to receive books or periodicals of an educational nature and such other means of recreation as may be approved.
PART VIII-LETTERS AND VISITS TO PRISONERS
Entitlement to letters and visits
89.-(1) All prisoners shall be entitled to write and receive letters and to receive visits as provided in these Regulations, subject to such restrictions as may be necessary for the maintenance of discipline and order in prisons and the prevention of crime.
(2) Except as provided in the Act or these Regulations, no visits to a prisoner shall be permitted without the authority of the officer in charge.
Letters on admission
90. Every prisoner shall be allowed the privilege of writing one letter on his admission to prison which letter shall be additional to any other letters he is permitted to write under the provisions of these Regulations.
Deferment of letters and visits
91.-(1) The sending and receiving of letters and the receiving of letters by any prisoner may, at the discretion of the officer in charge, be deferred at any time in case of misconduct on the part of the prisoner but the entitlement to send or receive letters shall not be subject to forfeiture.
(2) When a prisoner who becomes entitled to send or receive a letter or to receive a visit is at the time of such entitlement undergoing punishment or reduced diet or cellular or solitary confinement, such letter or visit shall be deferred at the discretion of the officer in charge until such punishment has expired.
Special tellers and visits
92.-(1) The officer in charge may allow any prisoner to write a special letter and receive a reply or to receive a special visit in any of the following circumstances:-
(a) on the death or sudden illness of a near relative;
(b) business or family affairs of an urgent nature; or
(c) arrangements for obtaining employment or assistance from friends on release.
(2) The officer in charge may at any time communicate to a prisoner, or to his relatives or friends, any matter of importance to such prisoner in case he should not be entitled to write or receive a letter.
(3) If a prisoner who is seriously ill desires to be visited by any near relative or friend, the officer in charge may, on the recommendation of the medical officer, give permission for such relative or friend to visit the prisoner.
Restriction and supervision of visits
93.-(1) No prisoner shall be allowed more than 3 visitors at any one time.
(2) All visits to prisoners shall take place during such hours as the officer in charge may direct and shall be in the sight and hearing of a prison officer.
Communication with ex-prisoner
94. No communication shall be allowed between an ex-prisoner and a prisoner except by authority of the officer in charge.
Admission of visitors
95. The officer in charge or any prison officer deputed by him for that purpose shall demand the name and address of every visitor to a prisoner and shall enter the same in a book provided for that purpose and when such officer has any ground for suspicion he may search such visitor or cause him to be searched:
Provided that-
(a) this search shall not be made in the presence of any prisoner or of any other visitor; and
(b) a female visitor shall only be searched by a woman prison officer;
and should any such visitor refuse to permit himself to be searched he may be denied admission to the prison and the grounds for such denial and the particulars thereof shall be entered in the said book.
Censorship of prisoners' letters
96.-(1) Every letter or document written in a prison by or on behalf of a prisoner shall be delivered to the officer in charge, or to a prison officer deputed by him, who shall, before the letter or document is removed from the prison, clearly endorse or cause to be endorsed thereon-
(a) the name of the prison;
(b) an indication to the effect that its removal from prison is authorised; and
(c) the signature or initials of the prison officer making the endorsement.
(2) Subject to the provisions of paragraph (f) of regulation 121, the officer in charge or a prison officer deputed by him shall read and carefully examine every letter to and from a prisoner in his custody.
(3) The officer in charge may stop any letter or document if, in his opinion, the contents are objectionable.
(4) When it is found necessary to withhold any outgoing letter from a prisoner on account of objectionable matter therein the prisoner may, in the discretion of the officer in charge, be given an opportunity of rewriting it, omitting the objectionable matter.
(5) An inward letter addressed to a prisoner containing matter which is considered objectionable may, in the discretion of the officer in charge, be returned to the writer with an intimation that the letter may be resubmitted with the objectionable matter omitted.
(6) The officer in charge shall keep a register, to be known as the Withheld Letters Register, in which he shall record any action taken as regards the withholding of any letter or the return of any letter to the writer for alteration or rewriting.
(7) Communications to the press shall not be forwarded except with the express permission in writing of the Controller.
Visits by legal advisers
97. The officer in charge shall permit a legal adviser of a prisoner who is a party to legal proceedings to interview him in connection with such proceedings in the sight but not in the hearing of a prison officer.
Service of writs on prisoners
98. Any public officer with a valid warrant, writ, order or other legal document to be served on a prisoner shall be admitted to the prison at any reasonable time for that purpose.
Visits by police
99. A police officer may, on production of an order in writing from a police officer not below the rank of inspector, visit any prisoner
in the sight and hearing of a prison officer.
(Amended by Regulations 17th February 1975*.)
* See Legal Notice No. 112 of 1970.
PART IX-PETITIONS AND COMPLAINTS
Petitions by prisoners
100.-(1) Any prisoner may submit a petition through the officer in charge, but no prisoner shall be permitted to submit a petition regarding his conviction or sentence until the expiration of the period within which such prisoner is legally entitled to appeal against such conviction or sentence.
(2) Subject to the provisions of paragraph (1), any prisoner may submit a petition through the Controller to the Governor-General regarding his conviction or sentence or on any other matter at any time:
Provided that no petition shall be permitted if the reply to a previous petition made by such prisoner on the same subject is still
outstanding.
(Amended by Order 7th October 1970t.)
(3) A prisoner may at any time submit a petition to the Controller in the respect of any matter affecting his imprisonment.
(4) The officer in charge shall, without delay, forward to the Controller any petition submitted by a prisoner.
(5) The officer in charge shall enter into the Prisoner's Petition Book-
(a) the time and date a petition is received from a prisoner;
(b) the subject of the petition;
(c) the time and date the petition was forwarded to the Controller; and
(d) the time and date the reply to the petition is received and communicated to the prisoner.
Prisoners' complaints and applications
101.-(1) A prisoner may make any complaint or application to a visiting justice, the visiting committee, the Controller, the supervisor, the officer in charge or the chief officer.
(2) The officer in charge shall ensure that any request made by a prisoner to see the Controller, the supervisor, the visiting justice or visiting committee is recorded by the officer to whom it is made and that such request is conveyed without delay to the officer in charge who shall inform the Controller, the supervisor, the visiting justice or visiting committee when such persons next visit the prison of such request.
(3) All complaints and applications made by prisoners shall be heard or attended to by the officer in charge every day except Sunday or public holidays and the officer in charge shall record in the prisoner's personal record and in a book to be kept for the purpose the action taken in each case.
PART X-EMPLOYMENT OF PRISONERS
Employment of convicted criminal prisoners
102.-(1) Every convicted criminal prisoner shall work at such labour as may be directed by the officer in charge in conformity with the instructions of the Controller and with these Regulations.
(2) The hours of work of convicted criminal prisoners shall not, except with the express permission of the Controller, exceed 9 hours per day.
(3) In no case shall heavy work be accompanied with reduced diet.
Allocation of work to prisoners
103. The officer in charge, in consultation with the reception board, shall assign to each convicted criminal prisoner the type of work to which he is best suited, consideration being given to the necessity of affording each prisoner the best training which his sentence, his capacity and the resources of the prison allow, and to the recommendations of the medical officer, if any.
Prisoners unfit for normal labour
104.-(1) A prisoner who is certified as unfit for normal prison work by the medical officer shall not be put to any form of work until the medical officer has certified him fit for the particular work to which it is intended to put him.
(2) A prisoner who has been certified by the medical officer as unfit for any type of work shall be permitted to exercise for one hour each day if he is fit enough to do so.
Exercise for prisoners on sedentary work
105. Prisoners who are employed on sedentary work, such as tailoring, or who are not employed in the open air, shall be permitted to exercise in the open air within the precincts of the prison for one hour daily.
Type and record of prisoners' labour
106.-(1) The officer in charge shall ensure that-
(a) all convicted criminal prisoners are properly and usefully employed;
(b) prisoners are not employed on work of a dangerous nature;
(c) a note of each type of work on which a prisoner is employed is entered in the prisoner's personal record.
(2) At each prison a record of the daily work of the prisoners shall be kept in such form as the Controller may direct.
Ratio of escort to working parties
107. The officer in charge shall decide, with particular regard to security, the proportion of prison officers to prisoners in working parties of more than four prisoners where such working parties are employed outside the precincts of the prison.
Civil and unconvicted prisoners who volunteer for work
108. Civil prisoners and unconvicted criminal prisoners who consent to work shall be employed at such work as may be appointed by the officer in charge in conformity with the directions of the Controller and with these Regulations at such hours as the Controller may direct.
Work on holidays
109.-(1) No prisoner shall be required to do any work on a Sunday or a public holiday except such work as may be necessary for keeping the prison premises clean and for cooking rations:
Provided that the Controller may, in his discretion, direct prisoners to perform work of an urgent nature at any time.
(2) The officer in charge shall ensure that on public holidays properly organised recreation and exercise are arranged for the prisoners.
Employment of prisoners as servants prohibited
110. No prisoner shall be employed-
(a) in the service of any other prisoner; or
(b) in the service of any prison officer; or
(c) for the private benefit of any person:
Provided that prisoners may be employed on the maintenance of official residences and gardens under the supervision of prison officers.
Prisoners not to be used in disciplinary capacity
111. No prisoner shall be employed on any service in connection with the discipline or management of the prison except in accordance with these Regulations or by special permission of the Controller.
PART XI-ESCAPES, PROHIBITED ARTICLES AND AREAS
Duty of prison officers to prevent escape of prisoners
112. It shall be the duty of all prison officers at all times to prevent the escape of prisoners and, for the purpose of giving effect to this Regulation, no ladders, planks, tools, ropes, chains, or implements of any kind likely to facilitate the escape of prisoners shall be left unsecured in a prison.
Action in the event of escape of prisoner
113.-(1) Upon receiving a report of an escape of a prisoner, the officer in charge shall at once:-
(a) order the prison and its neighbourhood to be searched;
(b) notify the escape and the prisoner's particulars and description to the officer in charge of police of the nearest police station; and
(c) notify the Controller.
(2) The officer in charge shall as soon as may be practicable after receiving a report of an escape of a prisoner hold an enquiry about such escape and shall submit a full report to the Controller.
Period at large not to count towards sentence
114. The period during which an escaped prisoner is at large shall not be counted as part of the sentence he was undergoing at the time of his escape.
Potential escapees
115.-(1) Prisoners, who during a previous detention in lawful custody have escaped or attempted to escape, will be considered and treated as potential security risks unless exempted personally by the officer in charge for any reason.
(2) Such prisoners shall be required to wear a distinctive marking on their clothing.
Power to offer rewards
116. The Controller may offer rewards for the recapture of escaped prisoners:
Provided that no reward exceeding $20 in any instance shall be offered without the approval of the Minister.
Prohibited articles
117.-(1) No prisoner shall, save as is provided in the Act and these Regulations, have in his possession money, food, clothing, liquor, tobacco, cigarettes, letters, papers, books, stupefying drink, drugs or any other prohibited article.
(2) Any article found in the possession of a prisoner which has not been issued to him by a prison officer acting in the course of his duty or which such prisoner is authorised by any of the provisions of these Regulations to have in his possession shall be deemed to be a prohibited article.
(3) Any prohibited article whatsoever found in the possession of a prisoner shall be confiscated by the officer in charge and disposed of in such manner as the Controller may direct.
Gaming in prison
118. No gaming nor any dice, cards or other instruments of gaming shall be permitted in any prison.
PART XII-CIVIL AND UNCONVICTED CRIMINAL PRISONERS
Civil and unconvicted prisoners to be segregated
119. So far as is practicable civil or unconvicted criminal prisoners shall be segregated from convicted criminal prisoners.
Treatment of civil prisoners
120. The following provisions shall apply to every civil prisoner:-
(a) he may, if he so elects, wear his own clothes, if the same be sufficient and decent;
(b) he shall not be compelled to have his hair cut or to shave unless the medical officer certifies that this is necessary;
(c) he may purchase or receive from private sources at such times and places as the Controller may direct, food, clothing and bedding:
Provided that-
(i) no alcoholic liquor shall be included in any of the articles purchased or received under the provisions of this paragraph;
(ii) if he does not entirely maintain or clothe himself or provide his own bedding he shall not be permitted to do so in part and shall, in such respect, receive the food, clothing or bedding as the case may be, of a convicted criminal prisoner;
(d) he may exercise daily during such periods as the circumstances of the prison may allow;
(e) he may be given work at his request and may be employed outside his cell or ward;
(f) he shall be permitted to receive letters whenever he desires to do so and to write one letter in each week;
(g) he shall be permitted to receive a visit of half an hour's duration once a week in the sight and hearing of a prison officer and shall be allowed to see his legal adviser on any day at any hour between 7.00 a.m. and 7.00 p.m. which visits shall take place in the sight but not in the hearing of a prison officer:
Provided that the officer in charge shall afford all reasonable facilities for enabling such prisoner to make such payments as will facilitate his lawful release from prison.
Treatment of unconvicted criminal prisoners
121. The following provisions shall apply to every unconvicted criminal prisoner:-
(a) his clothes and other effects may be taken from him if necessary for the purpose of evidence connected with his prosecution or otherwise for the purposes of justice and if not required for such purpose he may wear his own clothes if they are sufficient and decent;
(b) he may purchase or receive from private sources, at such times and places as the Controller may direct, food, clothing and bedding:
Provided that-
(i) no alcoholic liquor shall be included in any of the articles purchased or received under the provisions of this paragraph;
(ii) if he does not entirely maintain or clothe himself or provide his own bedding he shall not be permitted to do so in part and shall, in such respect, receive the food, clothing or bedding as the case may be, of a convicted criminal prisoner;
(c) he may exercise daily during such periods as the circumstances of the prison may allow;
(d) he may be given work at his request and may be employed outside his cell or ward;
(e) he shall be permitted to receive visits from his friends and relatives in the sight and hearing of a prison officer between the hours of 11.00 a.m. and 4.00 p.m. on any day except Sundays and public holidays and shall be allowed to see his legal adviser or any registered medical practitioner, if necessary for the purpose of his defence, on any day at any hour between 7.00 a.m. and 7.00 p.m. which visits shall take place in the sight but not in the hearing of a prison officer; and
(f) he may receive and write letters whenever he desires to do so and all such letters, except such as may be passed between such prisoner and his legal adviser, shall be read and initialled by the officer in charge.
Maintenance of judgment debtors
122.-(1) The amount of money to be paid for the maintenance of a judgment debtor shall be calculated in accordance with daily rates to be prescribed by the Minister and shall be paid in advance.
(2) The officer in charge shall not admit to his prison any person as a judgment debtor unless he has received from the judgment creditor or a bailiff of the court, payment of the cost of maintenance.
(3) For the purpose of payment for maintenance of a judgment debtor under this regulation, a period of detention of a judgment debtor shall be treated as commencing at 12 noon on the day of his admission to prison.
(4) The officer in charge shall discharge a judgment debtor immediately-
(a) upon payment of the debt and costs mentioned in the prisoner's warrant of commitment; or
(b) upon the receipt from the judgment creditor of his written consent to the discharge; or
(c) upon a written order of the court which committed him to prison.
PART XIII-DISCIPLINE OF PRISONERS
Prison offences
123. Any prisoner who commits any of the following offences shall be guilty of a prison offence for the purposes of section 82 of the Act:-
(1) mutinies or incites any other prisoner to mutiny;
(2) does gross personal violence to any prison officer or to any prisoner;
(3) escapes, conspires with a person to procure the escape of a prisoner, or assists another prisoner to escape from the prison in which he is detained or from any other lawful custody;
(4) possesses any instrument or other thing with intent to procure his own escape or that of another prisoner;
(5) omits or refuses to help any prison officer to prevent an escape, an attempted escape or an attack upon that officer or upon another prisoner;
(6) commits any assault or act of violence;
(7) quarrels with any other prisoner;
(8) makes repeated and groundless complaints or malingers or wilfully injures himself;
(9) holds any communication, whether in writing, by word of mouth or otherwise, with any other prisoner in disobedience of any regulation or order;
(10) does any act calculated to create any unnecessary alarm among prisoners or prison officers;
(11) omits or refuses to wear the clothing issued to him or exchanges, loses, discards, damages, alters or defaces any part of it;
(12) commits any nuisance in any part of the prison;
(13) disobeys any lawful order of a prison officer or any regulation or order made under the Act;
(14) treats with disrespect any prison officer or any person authorised to visit the prison, or any employed in connection with the prison;
(15) is idle, careless, negligent at work or refuses to work;
(16) leaves his cell or ward or place of work or other appointed place, without permission;
(17) receives or has in his possession any prohibited article or attempts to obtain such article;
(18) disfigures, damages, steals or interferes with any part or fitting of the prison or any property which is not his own;
(19) behaves in an immoral, disorderly or indecent manner;
(20) uses any abusive, threatening, insolent, indecent or other improper language;
(21) makes any false accusations against any prison officer or other prisoner;
(22) commits any act of gross misconduct or insubordination;
(23) attempts to commit, or aids or abets the commission of, any of the offences aforementioned;
(24) is guilty of any other act, conduct, disorder or neglect to the prejudice of good order or discipline.
Offences by extramural prisoners
124. Any person undergoing extramural punishment who commits any of the following offences shall be guilty of an extramural offence for the purposes of section 85 of the Act:-
(1) quarrels during work with any other person undergoing extramural punishment;
(2) disobeys any lawful order;
(3) during work commits any assault or act of violence on any person;
(4) treats with disrespect any person under whose supervision he is placed;
(5) is idle, careless or negligent at work or refuses to work;
(6) obstructs any person under whose supervision he is placed in the execution of his duty;
(7) absents himself or leaves his place of work or other appointed place without permission;
(8) during work, is indecent in language, act or gesture;
(9) sells, barters or improperly disposes of any rations lawfully issued to him;
(10) in connection with his work, wilfully disfigures or damages any property which is not his own;
(11) mutinies or incites other persons to mutiny, or creates a disturbance;
(12) malingers or wilfully injures himself;
(13) in any way commits any other act or makes any omission to the prejudice of good order or discipline.
Procedure at trials for prison offences and extramural offences
125. The following procedure shall apply to all proceedings heard by any tribunal under the provisions of sections 82 or 85 of the Act:-
(a) the prisoner or person undergoing extramural punishment charged with a prison offence or an extramural offence, as the case may be (hereinafter referred to as the "defendant"), shall be supplied with a copy of the charge prior to the hearing;
(b) no documentary evidence shall be used in any such proceedings unless the defendant has been given access thereto prior to the hearing;
(c) the evidence of any witness taken during the course of the proceedings shall be recorded in the presence of the defendant;
(d) the evidence given at the proceedings need not be taken down in full, but the substance and material points thereof shall be recorded in writing and read over to the defendant;
(e) the defendant shall have the right to cross-examine each witness giving evidence against him and after each such witness has given evidence he shall be asked if he desires to cross-examine such witness;
(f) the defendant shall be asked if he desires to give evidence in his own defence and to call witnesses, and if he does so desire shall be given a reasonable opportunity to do so.
Offences by prisoners to be dealt with promptly
126. Every offence against prison discipline committed by a prisoner which comes to the notice of a prison officer shall be reported to the officer in charge who shall investigate such report not later than the following day unless that day be a Sunday or public holiday.
Record of punishments
127. The officer in charge shall-
(a) enter in the prison offence register a record of every prisoner punished under the provisions of the Act or these Regulations showing the date, the name of the prisoner, the nature of the offence and punishment and the authority dealing with the case;
(b) enter in the prisoner's personal record details of the offence and punishment awarded.
Medical examination of certain prisoners
128.-(1) Every prisoner sentenced to reduced diet as a punishment for a prison offence shall, before undergoing such punishment, be examined by the medical officer who shall certify the prisoner's fitness to undergo such punishment.
(2) A prisoner shall not be made to undergo a punishment of reduced diet within a period of 24 hours immediately preceding the day of his discharge nor, if circumstances permit, on the day preceding his appearance before a court.
(3) Every prisoner who is sentenced to solitary confinement, cellular confinement or reduced diet shall be visited at least once a day by the officer in charge and as often as is practicable by the medical officer.
Certain prisoners may be deprived of privileges
129.-(1) When a prisoner is placed in solitary confinement as a punishment for a prison offence or is confined while awaiting the hearing of a charge against him for a prison offence, the bedding, accessories and clothing which he is not wearing at the time and all the cell equipment, other than the latrine equipment, may be removed from his cell.
(2) A prisoner in solitary confinement may be exercised for one hour each day and during such exercise period may be required to bathe himself.
(3) A prisoner in solitary confinement may be supplied with a book of a religious nature.
Visitors to prisoners in solitary confinement
130. The officer in charge shall ensure that every prisoner placed in solitary confinement shall-
(a) be visited by the chief officer not less than twice a day;
(b) be visited by a prison officer, other than the chief officer, at intervals of not less than one hour.
Periods in solitary confinement
131.-(1) No prisoner shall be sentenced to solitary confinement for an aggregate of more than 90 days in one year.
(2) In any cases where a prisoner is sentenced to 2 periods of solitary confinement, the 2 sentences shall be separated by a period not less than the longer of the 2 sentences.
Forfeiture of remission
132. No prisoner shall be ordered to forfeit as a punishment more remission than he has earned at the date the punishment is awarded.
Prisoners may be segregated at work
133.-(1) Whenever it appears to the officer in charge that it is desirable for the good order and discipline of the prison or in the interests of a convicted criminal prisoner that he should not be employed in association with other prisoners the officer in charge may order the segregation of that prisoner.
(2) The officer in charge may arrange for a convicted criminal prisoner ordered to work in segregation to be employed in association again whenever he considers this desirable and shall so arrange at the expiration of one month unless further authority for him to be kept segregated is given from month to month by the Controller.
Prevention of injury when corporal punishment inflicted
134. The medical officer shall, at the infliction of corporal punishment on a prisoner, give such instructions as may be necessary for preventing injury to the health of the prisoner and the officer in charge shall carry such directions into effect.
Type of cane and corporal punishment
135.-(1) Corporal punishment shall be carried out with an instrument of a size and pattern approved by the Minister under the provisions
of subsection (12) of section 34 of the Penal Code.
(Cap. 17.)
(2) The manner in which corporal punishment shall be inflicted shall be as follows:-
(a) a blanket or similar form of protection shall be placed across the small of the prisoner's back above the buttocks;
(b) a small square of thin calico shall be dipped in water, wrung out and tied over the prisoner's buttocks;
(c) strokes shall be administered from one side upon the buttocks of the prisoner and the arm shall not be raised above the shoulder.
(3) No corporal punishment shall be inflicted on a prisoner in the presence of another prisoner or prisoners.
Corporal punishment book
136. The officer in charge shall enter in the corporal punishment book the date and hour at which the punishment was inflicted, the number of strokes inflicted and any orders which the medical officer may have given as to remission of the punishment.
Use of mechanical restraints
137.-(1) No prisoner shall be placed in handcuffs or other mechanical restraint as a punishment.
(2) A prisoner shall be placed in mechanical restraint only if it is necessary to prevent him doing injury to himself or to another person or as a temporary means of preventing escape.
(3) No prisoner shall be kept under mechanical restraint for longer than 12 hours unless the medical officer has certified that such restraint will not injure his health.
(4) No means of mechanical restraint shall be used which have not been approved by the Controller.
Records of prisoners under mechanical restraint
138.-(1) The officer in charge shall enter in the Occurrence Book the name of every prisoner placed under mechanical restraint with the date and hour of such restraint being applied and removed and of any change in the type of restraint applied or in the manner of application.
(2) Prisoners undergoing medical treatment may only be restrained in such manner as the medical officer may direct and a report of each such case shall be made by the medical officer in his journal.
PART XIV-REMISSION OF SENTENCES
Calculation of sentences for remission
139.-(1) Where one term of imprisonment is consecutive to another term such terms shall be treated as one term for the purposes of remission.
(2) Where one sentence is partly concurrent with, but overlaps an earlier sentence, the later sentence shall be added to the period of the earlier sentence actually served when the later commenced and remission shall be calculated on the total period.
(3) Where a court orders a fresh sentence "to commence at the expiration of the sentence the prisoner is now serving" or other words to the like effect, the order of the court shall be interpreted literally.
(4) Where a prisoner is sentenced to two or more terms on different counts, such sentences shall be consecutive unless the court shall otherwise order.
(5) Where a convicted criminal prisoner is sentenced to several terms of imprisonment on several warrants at the same time, or is sentenced to a further term or terms of imprisonment before the expiration of his original sentence, his several sentences on all the warrants shall be consecutive unless otherwise ordered by the court and the aggregate term shall run from the date of the first warrant.
Operation of remission of sentences to be explained
140. The operation of the remission of sentences shall be explained to every convicted criminal prisoner on admission and when, for any reason, remission due to a prisoner is forfeited the officer in charge shall ensure that the prisoner is made fully aware of such forfeiture.
Record of remission to be kept
141.-(1) Any remission of sentence due to a convicted criminal prisoner shall be computed upon the prisoner's admission to prison and thereafter as may be necessary.
(2) The earliest possible date of discharge and the latest possible date of discharge shall be recorded and initialled by the officer in charge-
(a) in the prisoner's personal record;
(b) in the discharge diary; and
(c) in the prisoner's warrant;
and such dates shall be amended by the officer in charge from time to time as may be necessary.
Prisoners transferred to a mental hospital
142.-(1) Subject to the provisions of paragraph (2), a convicted criminal prisoner who is transferred to a hospital or mental hospital shall be entitled to remission of a sentence.
(2) A prisoner shall lose remission of sentence as a result of its forfeiture as a punishment for a prison offence and shall not earn remission in respect of any period-
(a) spent in hospital through his own fault or while malingering; or
(b) while undergoing solitary confinement or cellular confinement as punishment.
(3) The period of remission, calculated in days, to which a prisoner shall not be entitled under the provisions of paragraph (2) shall be one-third of the number of days spent by the prisoner in hospital or solitary confinement or cellular confinement.
Date of release with remission
143. A convicted criminal prisoner who is entitled to remission of sentence under the Act or these Regulations shall be discharged on the day he has completed his sentence less remission earned.
PART XV-COMPULSORY SUPERVISION ORDERS
Interpretation
144. In this Part-
"holder" means a person in respect of whom a compulsory supervision order has been made;
"order" means a compulsory supervision order.
Form of compulsory supervision order
145. An order shall be in the form set out in the Third Schedule.
Compulsory supervision orders
146.-(1) Upon the discharge of a holder from prison, the officer in charge shall explain to him the conditions contained in the compulsory supervision order.
(2) A holder shall acknowledge that he has been informed of the conditions contained in the order by affixing his signature in the presence of the officer in charge beneath the statement to that effect at the foot of the order.
(3) An order shall be in quadruplicate and-
(a) the original shall be issued to the holder;
(b) the duplicate shall be forwarded to the person named in the order as being responsible for the supervision of the holder; and
(c) the triplicate shall be forwarded to the Commissioner of Police;
(d) the quadruplicate shall be retained by the Controller.
(4) The conditions contained in a compulsory supervision order may be amended at any time and in any case by the Minister in which
event notice of the amendment made shall be immediately communicated to the holder, the person responsible for the supervision of
the holder and the Commissioner of Police.
(Substituted by Regulations 26th October 1976*.)
* See Legal Notice No. 140 of 1976.
Report on failure to comply with conditions
147. The person named in the order as being responsible for the supervision of the holder, shall notify the Controller immediately it comes to his knowledge that the holder has failed to comply with any conditions of the order.
Particulars to be provided to Controller
148. In every case where a prisoner is serving a sentence of or exceeding 3 years, having been sentenced to a term of imprisonment on not less than 2 previous occasions, the officer in charge shall forward particulars of the prisoner to the Controller 3 months before the earliest possible date of release of such prisoner.
PART XVI-PRISONERS UNDER SENTENCE OF DEATH
Statement of prisoner under sentence of death
149. If any prisoner under sentence of death wishes to make a statement, whether by way of petition to the Governor-General or otherwise,
he shall be permitted to do so and every such statement shall be made, taken down in writing and read over to the prisoner in the
presence of the officer in charge and shall be signed by the prisoner and by the officer in charge who shall forthwith forward such
statement to the Controller for transmission to the Governor-General.
(Amended by Order 7th October 1970*.)
Date of execution
150. When sentence of death has been passed and the Governor-General after consulting the Commission on the Prerogative of Mercy,
orders that the law shall take its course, subject to the special directions of the Governor-General the date on which such sentence
shall be carried out shall be the fourteenth day after such meeting of the aforesaid Commission.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
Place and manner of execution
151. Execution of sentences of death shall be carried out at such place and in such manner as the Governor-General may direct.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
Burial or cremation of executed prisoners
152. The body of every executed prisoner shall at the discretion of the Minister be buried or cremated in such place and in such a manner as the Minister may direct.
Transfer of condemned prisoner
153.-(1) The Controller shall cause a prisoner under sentence of death to be transferred immediately under sufficient escort to the prison where the sentence of death is to be carried out unless such prisoner is already in such prison.
(2) The officer in charge shall report the admission of a prisoner under sentence of death who has been transferred in the terms of paragraph (1) to the Controller staling the date of the sentence, the court imposing the sentence and the offence.
Search of condemned prisoners
154.-(1) Every prisoner under sentence of death shall be thoroughly searched and all prohibited articles found on him shall be removed as soon as may be after his sentence has been delivered.
(2) The officer in charge shall cause a prisoner under sentence of death to be searched twice daily by a responsible prison officer and shall take every possible precaution to ensure that he does not obtain any article with which he may do himself harm or injury.
Searching of cell
155.-(1) The cell which is allocated to a prisoner under sentence of death shall be examined and searched before it is occupied by such prisoner and subsequently on every occasion when he leaves the cell and before he re-occupies it.
(2) The cell in which a prisoner sentenced to death is confined shall not be unlocked save in the presence of at least two prison officers and it shall be thoroughly examined and searched daily while occupied by the prisoner.
Information to condemned prisoner regarding appeal
156. The officer in charge shall inform every prisoner under sentence of death of his right of appeal and shall arrange for him to see a Minister of religion if the prisoner so desires.
PART XVII-VISITING JUSTICES, VISITING COMMITTEES
AND OFFICIAL VISITORS
Duties of visiting justice
157.-(1) On the occasion of each visit to a prison in accordance with the provisions of section 44 of the Act, the visiting justice shall-
(a) hear and inquire into every complaint which any prisoner makes to him;
(b) pay special attention to prisoners in hospital and solitary confinement;
(c) attend to all reports received by him as to the mind or body of any prisoner being likely to be injured by disciplinary treatment and shall communicate his opinion to the Controller;
(d) ensure that any abuses in connection with any prison which come to his knowledge are brought to the notice of the Controller;
(e) furnish such information with respect to any abuses or offences reported to him as may, from time to time be requested by the Minister;
(f) makes inquiry into any matter especially referred to him by the Minister;
(g) discharge such other duties as are required of him under the provisions of the Act or these Regulations or are assigned to him by the Minister.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) On completion of each visit to the prison the visiting justice shall enter in the Visiting Justice's Book such remarks, suggestions or recommendations for the information of the officer in charge as he may deem fit.
Powers of visiting justice
158. The visiting justice may visit the prison at any time and may-
(a) call for all books, papers and records relating to the management and discipline of the prison;
(b) visit every ward, yard and cell, and see every prisoner in confinement;
(c) inspect and test the quality and quantity of prisoners' food and drink;
(d) ascertain so far as is possible that the provisions of the Act and of these Regulations are adhered to;
(e) if requested by the Controller or supervisor, exercise any of the powers conferred on him by sections 83 and 85 of the Act;
(f) inquire into any complaint or request made by a prisoner;
(g) inquire into the state of the prison buildings and report to the Controller with respect to any repairs or additions which may appear to him to be necessary.
Powers and duties of official visitors
159.-(1) Every official visitor may visit every prison to which he is appointed at any time between the hours of 9.00 a.m. and 4.00 p.m. on any day, or, if so requested by the supervisor, at any other time, and during the course of any such visit may-
(a) visit all parts of such prison and see every prisoner in confinement, except that women official visitors may visit only those parts of such prison set aside for the detention of female prisoners;
(b) inspect and test the quality and quantity of prisoners' food and drink;
(c) ascertain, as far as possible, that the provisions of the Act and of these Regulations are adhered to;
(d) inquire into any complaint or request made by a prisoner;
(e) assist the Controller with advice and suggestions as to the industrial employment of prisoners, with particular relation to their employment after discharge.
(2) On completion of each such visit, every official visitor shall enter in the Official Visitors' Book such remarks, suggestions or recommendations for the information of the officer in charge as he may deem fit.
Visiting committee to visit prison at least once in every three months
160.-(1) No fewer than 3 members of the visiting committee shall together, once at least in every 3 months visit the prison and-
(a) ascertain, as far as is possible, that the provisions of the Act and of these Regulations are adhered to;
(b) inquire into any complaint or request made by any prisoner;
(c) make inquiry into any matter especially referred to the Committee by the Minister, the Controller, or the visiting justice.
(Amended by Order 7th October 1970*.)
* See Legal Notice No. 112 of 1970.
(2) On completion of each such visit, the chairman shall enter in the Official Visitors' Book, such remarks, suggestions or recommendations for the information of the officer in charge as the committee may deem fit.
Copy of remarks by visiting justice to be forwarded to Controller
161.-(1) A copy of the visiting justice's remarks, together with any comments by the officer in charge shall be forwarded to the Controller immediately after the inspection by the visiting justice has taken place.
(2) A copy of the official visitor's and visiting committee's remarks together with any comments by the officer in charge shall be forwarded to the Controller immediately after an inspection has taken place.
PART XVIII-MINISTERS OF RELIGION AND
PRISONERS AID SOCIETIES
Religious denominations
162.-(1) Every convicted criminal prisoner shall be required on admission to prison to state his religion or denomination, if any, and every such prisoner shall, subject to the provisions of paragraph (2), be treated as a member of such religion or denomination during his whole term of imprisonment.
(2) No prisoner shall be allowed to change his religion or denomination unless the officer in charge, in consultation with the minister of the religion or denomination to which the prisoner belongs, is satisfied that such change is proposed from conscientious motives and that it is not sought from any idle whim or caprice or from a desire to escape from prison discipline.
Ministers of religion may visit prisoners
163.-(1) Ministers of religion or other accredited representatives of any religious body whose visits are approved by the Controller may at such hours and in such place as may be prescribed or as the officer in charge may permit-
(a) be admitted to the prison to visit prisoners who may be desirous of their services; and
(b) be permitted to hold religious services.
(2) Where such arrangement can be conveniently made a suitable room or part of a building in the prison shall be set apart for use in religious worship.
Supply of religious books
164.-(1) There shall, so far as is practicable, be available for the use of prisoners such books of a religious nature as the Controller may direct.
(2) Prisoners shall be permitted to retain in their possession articles and publications of a religious nature approved by the officer in charge.
Visits of probation officers, etc.
165. A welfare officer or other officer of the Social Development and Welfare Department or a representative of a prisoners aid society approved by the Controller may be admitted to a prison at such times as the officer in charge may permit and may be permitted to interview any prisoner in the sight and hearing of a prison officer.
PART XIX-EXTRAMURAL PUNISHMENT
Duties of supervisors of extramural punishment
166.-(1) Every person appointed by a supervisor to supervise offenders released to extramural punishment shall maintain a record of such offenders.
(2) The record referred to in paragraph (1) shall contain the following particulars in respect of every offender so employed:-
(a) his name and address;
(b) his place of birth or origin;
(c) the length of his sentence;
(d) the date of commencement of his sentence;
(e) the date he is due for release, with remission, if any;
(f) the work to which he has been directed; and
(g) the standard of his work and conduct.
Medical examination of sick offenders
167. If any person released to extramural punishment becomes sick the person appointed to supervise the extramural punishment shall arrange for him to be medically examined by any Government medical officer.
PART XX-MISCELLANEOUS
Medical certificate for removal of a prisoner to mental hospital
and for detention therein
168. Every certificate by a medical officer or by the Superintendent of a Mental Hospital for the removal of a prisoner to, or the continued detention of a prisoner in, a mental hospital under the provisions of section 56 of the Act shall be in such of the forms prescribed in the Fourth Schedule as are applicable to the circumstances of the case.
Order for removal of prisoner to mental hospital and for detention therein
169. Every order for the removal of a prisoner to, or the continued detention of a prisoner in, a mental hospital made under the provisions of section 56 of the Act shall be in such of the forms prescribed in the Fifth Schedule as are applicable to the circumstances of the case.
Reports on prisoners
170. Every report on a prisoner submitted in accordance with section 64 of the Act shall be in such form as may from time to time be determined by the Minister
_______
FIRST SCHEDULE
(Regulation 61)
_______
DIETARY SCALES
SCALE A
Morning- oz.
Bread............................................. 12
Margarine...................................... ½
Dhall.............................................. 1
Sugar.............................................. 1
Powdered Skim Milk..................... ½
Mid-day-
Bread.............................................. 12
Margarine....................................... ½
Sugar................................................ 1
Powdered Skim Milk..................... ½
Fruit (thrice weekly)....................... 4
Evening-
Mutton................................................. 4
or Stewing Beef................................... 3
or Tinned Fish...................................... 3
or Fresh Fish........................................ 4
Potatoes.............................................. 20
or Native Vegetables.......................... 20
Green Vegetables................................. 4
Other Vegetables.................................. 2
Onion.................................................. ½
Dripping............................................... 1
or Cooking Oil..................................... 1
Flour.................................................. 1
Curry Powder (thrice weekly)........... ¼
Daily Use-
Tea................................................. ¼
Salt................................................. ½
Reduced diet to consist of 1 lb. bread, baked, and water as required each day.
All weights specified above shall be uncooked weight unless otherwise specified.
SCALE B
Morning- oz.
Bread..................................... 4
Margarine.............................. ¼
Rice....................................... 6
Dhall..................................... 1
Sugar..................................... 1
Powdered Skim Milk.............. ½
Mid-day- oz.
Bread........................................... 12
Margarine..................................... ½
Sugar............................................. 1
Powdered Skim Milk................... ½
Fruit (thrice weekly)..................... 4
Evening-
Sharps............................................. 6
Mutton............................................ 4
or Tinned Fish................................ 3
or Fresh Fish................................... 4
or Dhall (if vegetarian)................... 2
Potatoes.......................................... 4
or Native Vegetables...................... 4
Green Vegetables............................ 4
Other Vegetables............................. 2
Onion or Tamarind ........................ ¾
Curry Powder.................................. ½
Vegetable Ghee............................... ½
Cooking Oil...................................... 1
Daily Use-
Tea................................................ ¼
Salt................................................ ½
Reduced diet to consist of 1 lb. rice, cooked, and water as required each day.
All weights specified above to be uncooked weight unless otherwise specified.
SCALE C
Morning-
Bread....................
Margarine..............
Native Vegetables....
or Rice......................
Dhall....................
Sugar....................
Powdered Skim Milk
Mid-day-
Bread....................
Margarine..............
Sugar....................
Powdered Skim Milk
Fruit (thrice weekly).
Evening-
Mutton.........................................
or Stewing Beef...........................
or Tinned Fish..............................
or Fresh Fish.................................
Native Vegetables.........................
Green Vegetables..........................
Other Vegetables..........................
Onion............................................
Dripping.......................................
or Cooking Oil..............................
Flour..............................................
Curry Powder (thrice weekly).......
Daily Use
Tea.................................................
Salt.................................................
Reduced diet to consist of 1 lb. rice, cooked, and water as required each day.
All weights specified above to be uncooked weight unless otherwise specified.
__________________________
SECOND SCHEDULE
(Regulation 74)
STAGE GRATUITIES
In accordance with Part VII of these Regulations, convicted criminal prisoners shall be eligible to receive stage gratuities as follows:-
First Stage prisoners........................... Nil
Second Stage prisoners........................ 30c per month
Third Stage prisoners.......................... 40c per month
Special Stage prisoners........................ 60c per month
__________________________
THIRD SCHEDULE
(Regulation 145)
(Amended by Order 7th October 19701-.)
COMPULSORY SUPERVISION ORDER
ORDER No. OF 19
Granted under the provisions of the Prisons Act to Prisoner:
"No. ................ Father's name (Indians only)................Name.........................
t convicted at ............ on the................ day of................ 19.......... of the offence of...............................................................................................
and sentenced to......................................................................................
On the directions of the Minister and* by virtue of the powers conferred upon me by section 65 of the Prisons Act, I hereby order and direct that .......................
a prisoner at present undergoing a sentence of ..........................................
Prison for the offence of ....................................................................
in the ...........................................................................................
be placed under compulsory supervision for a period of ................................
years*.............. months' on his release on the ................day of................. 19........
And this shall be full and sufficient authority for the said............................. to remain under compulsory supervision subject to the conditions set out hereunder, and to the provisions of the aforesaid Act.
Given under my hand this................day of ............................ 19 ..
Controller of Prisons
t[See Legal Notice No. 112 of 197C
* Delete where appropriate
Age:
Colour:
Height
Identification Mark;
Build (i.e. stout, medium, slender
Race
Trade or profession
Normal place of residence
Where born
Father's name
PHOTO
Front Face
FINGER IMPRESSIONS
RIGHT HAND
![Fiji%20-%20Prisons%20Act%20[Cap%2086]00.png](Fiji%20-%20Prisons%20Act%20[Cap%2086]00.png)
This compulsory supervision order expires on................. and should then be returned to the Controller of Prisons, Suva. The prisoner has expressed the intention of residing at ..............................................................................
Officer in Charge H.M. Prison
______________________
FOURTH SCHEDULE
(Regulation 168)
(FORM 1)
MEDICAL CERTIFICATE FOR REMOVAL OF PRISONER OF UNSOUND
MIND TO MENTAL HOSPITAL
To the officer in charge of................................................................ prison.
I, the undersigned, being the medical officer for.................... prison, hereby certify that I on the..................... day of................. 19......... at the said prison personally examined................................................................................. a prisoner in the said prison and that the said.................................................. is in my opinion a person of unsound mind and that it is necessary (or expedient) that he should be removed to a mental hospital and there detained under care and treatment, and that I have formed this opinion on the following grounds:-
1. Facts indicating unsoundness of mind observed by myself.
(Here state the facts)
2. Other facts, if any, indicating unsoundness of mind which were communicated to me by others.
(Here state the information and from whom received)
Dated this day of , 19
Medical Officer Prison
(FORM 2)
MEDICAL CERTIFICATE FOR REMOVAL OF A PRISONER TO
A MENTAL HOSPITAL FOR OBSERVATION
To the officer in charge of................................................................. prison
I, the undersigned, being the medical officer for................... prison, hereby certify that on the.................... day of..................... 19....... at the said prison.
I personally examined................................................................ a prisoner in the said prison and that I am of the opinion that the said ...................... should be removed to a mental hospital for observation for a period of................... days for the purpose of determining whether he is of unsound mind or not.
Dated this day of , 19
Medical Officer Prison
(FORM 3)
MEDICAL CERTIFICATE FOR DETENTION IN A MENTAL
HOSPITAL OF A PRISONER PREVIOUSLY REMOVED
THERETO FOR OBSERVATION
To the officer in charge of................................................................ prison.
I, the undersigned, being the Superintendent of the Mental Hospital hereby certify that I have observed over a period of.............................. days the mental condition of.......................................................... a prisoner detained in the ....................................................................................... mental hospital for observation for the purpose of determining whether he is of unsound mind or not and that the said ......................... is in my opinion a person of unsound mind and that it is necessary (or expedient) that he should henceforth be detained in the ...................................................................................... mental hospital under care and treatment and that I have formed this opinion on the following grounds:-
1. Facts indicating unsoundness of mind observed by himself.
(Here state the facts)
2. Other facts, if any, indicating unsoundness of mind which were communicated to me by others.
(Here state the information and from whom obtained)
Dated this day of , 19
Superintendent Mental Hospital
________________________
FIFTH SCHEDULE
(Regulation 169)
(FORM 1)
ORDER OF THE MINISTER FOR REMOVAL OF A PRISONER
OF UNSOUND MIND TO A MENTAL HOSPITAL
To the officer in charge of........................... prison and to the Superintendent of ................................Mental Hospital.
I, ............................. .Minister for Home Affairs, in exercise of the powers conferred upon me by section 56 of the Prisons Act, having received the medical certificate hereunto attached having reference to the mental condition of......... at present detained in prison, do hereby order and direct......... to be removed under proper custody to the.........Mental Hospital, and I do order and direct you the said Superintendent of the said mental hospital to receive and detain the said .........as a patient therein under care and treatment.
Dated this..........day......... 19......
Minister for Home Affairs
_____________________
(FORM 2)
ORDER OF THE SUPERVISOR FOR REMOVAL OF A PRISONER TO A
MENTAL HOSPITAL FOR OBSERVATION
To the officer in charge of........................... prison and to the Superintendent of ..........................Mental Hospital.
I, ............................... , Supervisor of Prisons, having received the medical certificate hereunto attached having reference to the mental condition of.......... at present detained in........................... prison, do hereby order and direct you the said officer in charge of the said prison to cause the said............................ to be removed under proper custody to the .................... Mental Hospital for observation and I do direct you the said Superintendent of the said mental hospital to receive and detain the said ....................... for observation therein for a period of ......................................... days of the purpose of determining whether he is of unsound mind or not.
Dated this day of , 19
Supervisor of Prisons
(FORM 3)
ORDER OF THE MINISTER FOR DETENTION IN A MENTAL
HOSPITAL OF A PRISONER PREVIOUSLY REMOVED
THERETO FOR OBSERVATION
To the officer in charge of........................... prison and to the Superintendent of .......................... Mental Hospital.
I, ............................. , Minister for Home Affairs, in exercise of the powers conferred upon me by section 56 of the Prisons Act, having received the medical certificate hereunto attached having reference to the mental condition of............at present detained in the..........Mental Hospital for observation for the purpose of determining whether he is of unsound mind or not do hereby order and direct the said.......... be henceforth detained in the said Mental Hospital as a patient therein under care and treatment.
Dated this day of , 19
____________________
REGULATIONS MADE BY THE GOVERNOR-GENERAL UNDER THE
ROYAL WARRANT DATED THE 16TH MAY 1972
Regulations 28th July 1972*.
*See Legal Notice No. 63 of 1972.
1. These Regulations may be cited as the Fiji Prison Service Medal Regulations.
2.-(1) The Fiji Prison Service Medal will be granted as a reward for long service and good conduct to all members of the Prison Service of Fiji below the rank of Assistant Superintendent of Prisons who on or after 10th October, 1970 shall have completed eighteen years' continuous qualifying service or an aggregate of such qualifying service as hereinafter defined.
(2) A Clasp will also be granted to a recipient of the Medal on his completing twenty-five years' qualifying service and a further Clasp on completing thirty years' qualifying service. For each Clasp so awarded, a small silver rose may be added to the ribbon when worn alone.
3. Qualifying service in the Prison Service of any other country or territory of the Commonwealth may be allowed to reckon towards the required period of qualifying service, if the total period of such service amounts to not less than eighteen years-
(a) where service has been rendered in Fiji and in one or more such country or territory as aforesaid an interval not exceeding twelve months between any two periods of service shall not be regarded as breaking the continuity of such service;
(b) a break in service not exceeding six calendar months in Fiji or in any one such country or territory shall not be regarded as breaking the continuity of such service.
4. For the purpose of these Regulations, service shall be reckoned as qualifying service only if it is certified that the character and conduct of the person recommended for the grant of the Medal or Clasp has been exemplary. No member of the Prison Service shall be deemed to be of exemplary character who during the last ten years of his service has been convicted of-
(a) any criminal offence, excluding offences under the Traffic Act (but including the offence of driving under the influence of drink or drugs);
(b) a disciplinary offence of drunkenness or incapacity for duty due to alcoholism; or
(c) a disciplinary offence and sentenced to a punishment of-
(i) reduction in rank;
(ii) confinement to the precincts of a prison for twenty-one days or over; or
(iii) fined more than three days' pay.
5. Recommendations for the award of the Medal or Clasp shall be submitted by the Controller of Prisons to the Governor-General. The Medal or Clasp will be awarded on the authority of the Governor-General and a notification of such award shall be published in the Fiji Royal Gazette.
These Regulations revoked the Colonial Prison Service Medal (Fiji) Regulations dated 28th January 1969 (Legal Notice No. 23 of 1969) which revoked the Colonial Prison Service Medal (Fiji) Regulations dated 17th August 1956.
6.-(1) A recipient of the Medal or Clasp who is convicted of such a criminal offence as aforesaid or is dismissed or removed from the Prison Service for misconduct shall forfeit the Medal or Clasp unless the Governor-General shall otherwise direct.
(2) A Medal or Clasp so forfeited may be restored to the recipient by the Governor-General at his discretion.
(3) A notice of forfeiture or restoration shall in every case be published in the Fiji Royal Gazette.
7.-(1) When a Medal is lost through carelessness or neglect, the Controller of Prisons may recommend that the loser be provided with a new Medal at the loser's own expense. If the loss is accidental, it may be recommended that the loser be supplied with a new Medal, either at his own or at the public expense, according to the circumstances of the case.
(2) An application for a new Medal to replace one which has been lost must be accompanied by a declaration as to the circumstances under which the original Medal was lost. A new Medal will not be issued until a period of six months has elapsed since the date on which the loss occurred.
Controlled by Ministry for Home Affairs
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