Revised Laws of Saint Lucia (2021)

Prisons Rules – Section 53

(Statutory Instrument 39/1964)

Statutory Instrument 39/1964 .. in force 1 January 1965

ARRANGEMENT OF RULES

PART 1
PRELIMINARY

PART 2
GENERAL RULES FOR THE TREATMENT OF PRISONERS

ACCOMMODATION

RECEPTION, REMOVAL AND DISCHARGE

Reception

Information to Prisoners

Removal and Discharge

Deaths of Prisoners

DISCIPLINE AND CONTROL

General

Performance of Superintendent's duties by other persons

Offences against discipline

Restraints

Complaints by prisoners

Prohibited articles

Control of admission

WORK

RELIGION, EDUCATION AND WELFARE

Religion

Education and Libraries

Social Relations and after-care

Letters and visits

Visits for special purposes

PHYSICAL WELFARE

Medical Services

Hygiene

Exercise

Food

Clothing

PART 3
SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS

UNTRIED PRISONERS

General

Health and Cleanliness

Books

Work

Visits and Communications

Discipline

Appellants

CONVICTED PRISONERS AWAITING SENTENCE OR REMAND

JUVENILE PRISONERS

YOUNG PRISONERS

PRISONERS CHARGED WITH CAPITAL OFFENCES

PRISONER UNDER SENTENCE OF DEATH

CIVIL PRISONERS

PART 4
STAFF

PART 5
THE BOARD OF VISITING JUSTICES

PRISON OFFICERS

PRISON RULES – SECTION - 53  These Rules were made under the Prisons Act, 1963. This Act was repealed by the Correctional Services Act, Cap.14.02, but these Rules were saved by section 49 of the latter Act.

Commencement [1 January 1965]

PART 1
PRELIMINARY

1.   Citation

These Rules may be cited as the Prison Rules.

2.   Interpretation

In these Rules, unless the context otherwise requires—

“Act” means the Prisons Act, 1963;

“legal adviser” means in relation to a prisoner, the prisoner's attorney-at-law, and includes a clerk authorised by his or her attorney-at-law to interview the prisoner;

“Minister” means the member of Cabinet charged with the administration of the subject of social affairs;

“prison” means any house, building, enclosure or place declared to be a prison under section 3 of the Act;

“Superintendent” means the person appointed to be the Superintendent of Prisons under section 5 of the Act.

PART 2
GENERAL RULES FOR THE TREATMENT OF PRISONERS

3.   Reception Interview

At the prison the Superintendent shall interview every prisoner as soon as possible after his or her reception into prison and consider what arrangements are to be made for his or her work and training.

4.   Classification

1.  

   (1)   The Superintendent shall also as soon as possible after his reception classify the prisoner as far as possible in accordance with this rule.

1.  

   (2)   Prisoners under 21 years of age shall be placed in the Young Prisoners' Class.

1.  

   (3)   Prisoners of 21 years of age and over who have not been previously in prison on conviction shall be placed in the Star Class unless the Superintendent considers that, in view of their record or character, they are likely to have a bad influence on others. The Superintendent may also place in the Star Class a prisoner of 21 years of age and over who has previously been in prison on conviction, if satisfied, having regard to the nature of the previous offence, or to the length of time since it was committed, or to the prisoner's general record and character, that he or she is not likely to have a bad influence on others.

1.  

   (4)   Other convicted prisoners shall be placed in the Ordinary Class.

1.  

   (5)   The Superintendent may in his or her discretion at any time remove from the Star Class to the Ordinary Class a prisoner whose character has shown him or her to be unfit to associate with other prisoners of the Star Class.

1.  

   (6)   The Superintendent may in his or her discretion at any time remove from the Young Prisoner's Class a prisoner of 17 years of age or over whom he or she regards as unsuitable by character for that class, and may place him or her in the Star Class.

5.   Privileges

1.  

   (1)   The Minister on the recommendation of the visiting justices, shall, in the interest of good conduct and training, establish at the prison such system or systems of privileges as may be appropriate for different classes of prisoners.

1.  

   (2)   Every such system shall include arrangements under which sums of money paid to prisoners under these Rules may be spent on such articles and under such conditions as the visiting justices may determine.

6.   Stages

1.  

   (1)   There shall be 3 stages: First, Second and Third. Every prisoner shall pass through these stages or through as many of them as the term of his or her imprisonment admits. The promotion of a prisoner from stage to stage shall be gained by industry and good conduct.

1.  

   (2)   The Superintendent shall have the power to postpone promotion of any prisoner to a higher stage or to reduce such prisoner to a lower stage if he or she thinks that misconduct or lack of industry on the part of the prisoner warrants such action.

First Stage. Prisoners, on admission, shall be put in the First Stage for the first 3 months of their sentence. They shall wear ordinary prison dress and be treated in accordance with the general rules for prisoners. They shall be allowed to earn other privileges which the Superintendent may accord to prisoners in this stage.

Second Stage. Prisoners, after having served the first 3 months of their sentence, shall be promoted to the Second Stage and shall remain therein until they shall have served the first 9 months of their sentence. They shall wear ordinary prison dress with the addition of one blue stripe on the left sleeve above the elbow. They shall be eligible for all privileges accorded to prisoners in the First Stage and any additional privileges which the Superintendent may accord to prisoners in this stage.

Third Stage. Prisoners, after having served the first 9 months of their sentence, shall be promoted to the Third Stage and shall remain therein for the remainder of their sentence. They shall wear ordinary prison dress with the addition of 2 blue stripes on the left sleeve. They shall be eligible for all the privileges accorded to prisoners in the Second Stage and any additional privileges which the Superintendent may accord to prisoners in this stage.

7.   Selection of prisoners as Orderlies

Prisoners employed as orderlies, gardeners, etc., not under constant supervision shall be selected by the Superintendent from among the Star Class or the Third Stage. Each prisoner so selected will give his or her word of honour to the Superintendent to obey all rules, to put his or her best efforts into his or her work, and to conduct himself or herself properly in every way in return for the privilege of being trusted. While so employed prisoners will wear a red band around the right arm.

8.   Women prisoners

The routine, conditions, training and privileges of, women prisoners shall not be less favourable than those of the male prisoners of equivalent class.

ACCOMMODATION

9.   Sleeping accommodation

1.  

   (1)   Sleeping accommodation for prisoners shall not be used unless it is certified to the Governor General by the prison medical officer to be of such size and to be lighted, ventilated and fitted in such manner as is requisite for health, and subject to the availability of funds when such accommodation is locked it shall be furnished with the means of enabling prisoners to communicate at any time with an officer. The certificate shall specify the maximum number of prisoners to be accommodated at any one time in such a room or ward and the number so specified shall not be exceeded without the Governor General's authority. If the certificate of any cell, room or ward so used is cancelled that accommodation may not be used for sleeping unless it is again certified.

1.  

   (2)   Where sleeping accommodation is in cells, each prisoner shall occupy a cell by himself or herself. However, where it is necessary for special reasons, the prison medical officer may authorise the accommodating of not less than 3 prisoners in a cell.

10.   Cell Furniture

Every prisoner shall be supplied with—

1.  

   (a)     a wooden bunk;

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   (b)     a blanket;

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   (c)     a pillow;

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   (d)     a water container;

1.  

   (e)     a covered chamber or covered slop pail, or night access to a latrine.

1.  

   Additional bedding shall be supplied on the recommendation of the prison medical officer.

11.   Cell Lighting

Cells shall be individually lighted so as to permit reading or working up to a reasonable hour.

12.   Women's Prison

1.  

   (1)   In a prison for both men and women the whole of the premises allocated to women shall be entirely separated and shall be secured by locks different from those used in the men's prison.

1.  

   (2)   The keys of the premises allocated to women shall be under the control of female officers, and a male officer shall not enter the premises except on duty and in the company of a female officer.

13.   Fire Precautions

1.  

   (1)   All due precautions shall be taken against fire as advised by the Commissioner of Police.

1.  

   (2)   The Commissioner of Police shall inspect fire-fighting appliances and equipment not less than thrice annually, witness fire-drill and make an annual report to the Governor General.

1.  

   (3)   A set of rules and instructions governing fire precautions and fire drill shall be kept prominently posted in the prison and in every section of a prison.

RECEPTION, REMOVAL AND DISCHARGE

Reception

14.   Committal Form

Before any prisoner shall be received into the prison the usual form of committal, properly filled up in all its parts, shall be put into the hands of the Superintendent or other officer in charge.

15.   Time of Admission

Prisoners shall not be received at the prison earlier than 6:00 a.m. or later than 5:00 p.m. or on any Sunday, Christmas Day or Good Friday, except with the special permission of the Superintendent.

16.   Search

1.  

   (1)   Every prisoner shall be searched when taken into custody by an officer, on reception into the prison, and at such subsequent times as are directed, and all unauthorised articles shall be taken from him or her.

1.  

   (2)   The searching of a prisoner shall be conducted in as seemly a manner as is consistent with the necessity of discovering any concealed article.

1.  

   (3)   A prisoner shall not be stripped and searched in the sight of another prisoner.

1.  

   (4)   A prisoner shall be searched only by officers of the same sex as the prisoner.

17.   Retention of Property

All money, clothing, or other effects belonging to a prisoner which he or she is not allowed to retain shall be placed in the custody of the Superintendent who shall keep an inventory thereof, which shall be signed by the prisoner. Where the prisoner cannot write his or her signature shall be by his or her mark witnessed by a member of the prison staff.

18.   Recording of particulars

The name, age, height, weight, particular marks, and such other measurements and particulars as may be required in regard to a prisoner shall upon his or her reception, be recorded in such manner as the Superintendent determines.

19.   Photographs and Fingerprints

1.  

   (1)   A prisoner may be photographed on reception and subsequently, but a copy of a photograph shall not be given to a person who is not authorised to receive it.

1.  

   (2)   The finger prints of a prisoner may be taken on reception and subsequently, but no copy of the finger prints shall be given to a person who is not authorised to receive it.

20.   Baths

Every prisoner shall, unless exempted by the Superintendent or medical officer, take a bath on reception, and at such time thereafter as may be ordered by the Superintendent.

21.   Medical Examination

Every prisoner shall, on the day of his or her reception, as soon as possible after his or her reception, be separately examined by the medical officer, who shall record the state of health of the prisoner and such other particulars as may be directed.

However, when a prisoner is received too late to be examined on the same day he or she shall be examined as soon as possible on the next day, and in any case within 24 hours of reception.

22.   Babies

Subject to such conditions as the medical officer determines a woman prisoner may have her baby with her in prison during the normal period of lactation and longer if required in special circumstances, and the baby may be supplied with clothing and necessaries at the public expense.

Information to Prisoners

23.   Reading of Prison Rules

An abstract of the Prison Rules relating to the discipline, conduct and treatment of prisoners shall be read to prisoners on admission and once in each month.

Removal and Discharge

24.   Custody during Removal

A prisoner whom the Governor General has directed to be taken to any place shall while outside the prison be kept in the custody of a member of the prison staff.

However, a prisoner directed to be brought before a court of summary jurisdiction may while outside the prison be in the custody of police officers.

25.   Protection from Public View

When prisoners are being removed to or from prison, they shall be exposed to public view as little as possible, and the proper safeguards shall be adopted to protect them from insult or curiosity.

26.   Final Interview with the Superintendent

Every prisoner shall before discharge or removal to another prison be interviewed by the Superintendent.

27.   Final Interview with Medical Officer

1.  

   (1)   Every prisoner shall at as short a time as is practicable before discharge, or removal to another prison, be examined by the medical officer.

1.  

   (2)   A prisoner shall not be removed to another prison unless the medical officer certifies that he or she is fit for removal.

1.  

   (3)   A prisoner due for discharge who is suffering from an acute or dangerous illness shall, unless he or she refuses to stay, not be sent out of prison until in the opinion of the medical officer it is safe to send him or her out.

28.   Return of Clothes

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

29.   Time of Release

A prisoner shall be released on the day on which his or her sentence expires. A prisoner whose sentence will expire on a Sunday, Christmas Day or Good Friday, shall be released on the previous day; the normal hour of release shall be noon for residents in and 10:00 a.m. for residents elsewhere.

30.   Aid on Discharge

Subject to the provision of the necessary funds there shall be a fund from which prisoners are assisted on discharge according to their needs and prospects of rehabilitation. It shall be administered by the Superintendent.

Deaths of Prisoners

31.   Record of death

The medical officer shall keep a record of the death of any prisoner which shall include the following particulars: at what time the deceased was taken ill, when the illness was first notified to the medical officer, the nature of the illness, when the prisoner died, and an account of the appearance after death (in cases where a post mortem examination is made) together with any special remarks that appear to him or her to be required.

32.   Notice to coroner

Upon the death of a prisoner the Superintendent shall give immediate notice thereof to the coroner having jurisdiction, to the Board of visiting justices, and to the Governor General.

33.   Delivery of body

Whenever the relatives or friends of a prisoner who has died in prison, other than the relatives or friends of a prisoner who has been executed, are desirous of having the body of such prisoner delivered to them for burial, they shall apply to the Superintendent, who, after ascertaining from the prison medical officer that it would not be injurious to public health to grant such request, may deliver up the body and it shall be taken away from the prison in a decent manner.

DISCIPLINE AND CONTROL

General

34.   General Principles

The rules in this section shall be applied, due allowance being made for the differences of character and response to discipline of different types of prisoners in accordance with the following principles—

1.  

   (a)     discipline and order shall be maintained with firmness, but with no more restriction than is required for safe custody and well ordered community life;

1.  

   (b)     in the control of prisoners officers shall seek to influence them through their own example and leadership, and to enlist their willing co-operation;

1.  

   (c)     at all times the treatment of prisoners shall be such as to encourage their self-respect and a sense of personal responsibility.

35.   Supervision by the Superintendent

1.  

   (1)   The Superintendent shall exercise a close and constant personal supervision of the whole prison. He or she shall visit and inspect daily all the parts of the prison where prisoners are working or accommodated, and shall give special attention to every prisoner who is a hospital patient or under restraint or undergoing cellular confinement or upon restricted diet No. 1.

1.  

   (2)   At least twice a fortnight the Superintendent shall during the night visit the prison at an uncertain hour between 11:00 p.m. and 5:00 a.m., and satisfy himself or herself as to its state.

Performance of Superintendent's duties by other persons

36.   Delegation to assistant superintendent

The Superintendent may delegate to an Assistant Superintendent or to the Chief Officer such duties as the Governor General in his or her discretion may approve.

37.   Supervision of Women

Women prisoners shall be attended only by women officers and if working under a male instructor shall be supervised by a woman officer.

38.   Matron

1.  

   (1)   Where part of a prison is set aside for women that part shall be in the charge of a matron who shall have the care and superintendence of all women prisoners. The keys of all the locks of that part of the prison shall be in her custody.

1.  

   (2)   She shall exercise a close and constant personal supervision over the whole of the women's prison; she shall visit and inspect daily all parts of the prison where women prisoners are working or accommodated, and she shall give special attention to every woman prisoner who is sick or undergoing cellular confinement or upon restricted diet No. 1.

1.  

   (3)   At least twice a fortnight she shall during the night visit the women's prison at an uncertain hour between 11:00 p.m. and 5:00 a.m. and satisfy herself as to its state.

1.  

   (4)   Whenever she is absent her duties shall be performed by a qualified woman officer approved by the Superintendent, and that officer shall have all the powers and perform all the duties of the Matron.

39.   Use of Force

1.  

   (1)   An officer in dealing with prisoners shall not use force unnecessarily, and, when the application of force to a prisoner is necessary, no more force than is necessary shall be used.

1.  

   (2)   An officer shall not deliberately act in a manner calculated to provoke a prisoner.

40.   Prisoners not to hold disciplinary posts

A prisoner shall not be employed in any disciplinary capacity, but prisoners carefully selected by the Superintendent may be given positions of responsibility and leadership within such limits as the Superintendent may determine.

41.   Temporary work in cell

1.  

   (1)   If at any time it appears to the Board of Visiting Justices that it is desirable for the maintenance of good order or discipline or in the interests of a prisoner that that prisoner should not work in association with others, the Superintendent may be authorised to arrange for that prisoner to work temporarily in a cell and not in association.

1.  

   (2)   It shall be within the discretion of the Superintendent to arrange for such a prisoner again to work in association whenever he or she considers this desirable, and he or she shall do so in any case if the medical officer so advises on medical grounds, or at the expiration of one month, unless further authority is given from month to month by the Board of Visiting Justices.

42.   Conditions of remitting sentence

1.  

   (1)   A prisoner sentenced to imprisonment, whether by one sentence or by consecutive sentences, for a period exceeding one month may by good conduct and industry become eligible for discharge when a portion of his or her sentence not exceeding ¹/₃ of the whole sentence has yet to run.

However, in no case shall any remission granted result in the release of a prisoner until he or she has served one calendar month.

In addition in no case shall any remission be granted to a prisoner sentenced to imprisonment for life.

1.  

   (2)   For the purpose of giving effect to the provisions of subsection (1) of this rule each prisoner on admission shall be credited with the full amount of remission to which he or she would be entitled at the end of his or her sentence if he or she lost or forfeited no such remission.

1.  

   (3)   A prisoner may lose remission as a result of its forfeiture for an offence against prison discipline and shall not earn any remission in respect of any period—

   1.  

      (a)     spent in hospital through his or her own fault or while malingering; or

   1.  

      (b)     while undergoing confinement as a punishment in a separate cell.

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   (4)   The Superintendent shall have power to restore forfeited remission in whole or in part.

43.   Grant of extra remission

Extra remission may be granted to any prisoner by the Governor General acting in his or her discretion, on the recommendation of the Superintendent for any special service.

44.   Life sentence

The case of every prisoner serving a life sentence shall be reviewed by the Governor General acting in his or her discretion. The first review shall take place at the end of 12 months and thereafter every 4 years from the date of sentence.

45.   Fixed sentence

The case of every prisoner of 20 years and over serving a fixed sentence shall be first reviewed by the Governor General acting in his or her discretion, at the end of 4 years from the date of sentence, and thereafter at two-yearly intervals. However, in the case of a prisoner under 20 years of age at the time of his or her offence, his or her sentence shall be reviewed annually.

Offences against discipline

46.   Superintendent to deal with reports

Reports against a prisoner shall not be dealt with by any officer except the Superintendent or an officer who by virtue of rule 36 has authority to deal with such reports.

47.   Separation of reported prisoner

When a prisoner has been reported for an offence the Superintendent may order him or her to be kept apart from other prisoners pending adjudication.

48.   Information to reported prisoner

A prisoner shall, before a report against him or her is dealt with, be informed of the offence for which he or she has been reported and shall be given a proper opportunity of hearing the facts alleged against him or her and of presenting his or her case.

49.   Unauthorised articles

The Superintendent may deprive a prisoner of any unauthorised article found in his or her cell or in his or her possession.

50.   Offences

A prisoner commits an offence against discipline if he or she—

1.  

   (a)     disobeys any order of the Superintendent or of any other officer or any prison rule;

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

1.  

   (c)     is idle, careless or negligent at work, or refuses to work;

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   (d)     uses any abusive, insolent, threatening, or other improper language;

1.  

   (e)     is indecent in language, act, or gesture;

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   (f)     commits any assault;

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   (g)     communicates with another prisoner without authority;

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   (h)     leaves his or her cell or place of work or other appointed place without permission;

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

1.  

   (j)     commits any nuisance;

1.  

   (k)     has in his or her cell or possession any unauthorised article or attempts to obtain such an article;

1.  

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

1.  

   (m)     escapes from prison or from legal custody;

1.  

   (n)     mutinies or incites other prisoners to mutiny;

1.  

   (o)     commits gross personal violence against an officer;

1.  

   (p)     makes repeated and groundless complaints;

1.  

   (q)     in any way offends against good order and discipline;

1.  

   (r)     attempts to do any of the foregoing things.

51.   Investigation of offences and awards by Superintendent

1.  

   (1)   Save as provided by rules 52 and 53 the Superintendent shall investigate every offence against discipline and may determine thereupon and make one or more of the awards provided in section 40 of the Act.

1.  

   (2)   Every offence against discipline shall be reported, and the Superintendent shall investigate such reports not later than the following day, unless that day is a Sunday or a public holiday.

1.  

   (3)   Restricted diets shall be of the kind prescribed in Schedule 2 to these Rules.

52.   Investigations and awards by Visiting Justices

1.  

   (1)   Where a prisoner is reported for any grave prison offence other than the offences provided in section 39(1) and (39)(3) of the Act for which such award as the Superintendent is authorised to make is considered insufficient, the Superintendent shall, after investigation, report the offence to the Board of visiting justices or to an ex-officio visiting justice. Two visiting justices or an ex-officio visiting justice shall enquire into the report and shall determine thereupon, and may make one or more of the awards provided in section 39 of the Act.

1.  

   (2)   Restricted diets shall be of the kind prescribed in Schedule 2 to these Rules.

53.   Especially grave offences

1.  

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

   1.  

      (a)     mutiny or incitement to mutiny;

   1.  

      (b)     gross personal violence to an officer,

1.  

   the Superintendent shall report the same to the Board of visiting justices and 2 visiting justices or an ex-officio visiting justice shall inquire into the charges on oath and shall determine thereupon, and for this purpose may make one or more of the awards set out in section 35 of the Act and in the case of a male prisoner may order, subject to the restrictions imposed by section 41 of the Act corporal punishment in addition to or instead of any such awards.

1.  

   (2)   Where an order for the infliction of corporal punishment is made, the order shall specify the number of strokes and the instrument with which they are to be inflicted and shall be recorded in such manner as the Governor General may determine.

1.  

   (3)   Visiting justices or the visiting justices may, when making an order for the infliction of corporal punishment, make such awards, being awards set out in section 39 of the Act as they consider or he or she considers ought properly to be made as alternative awards in the event of the Governor General's refusing to approve the order for the infliction of corporal punishment.

54.   Corporal Punishment

1.  

   (1)   All corporal punishments shall be attended by the Superintendent and the medical officer.

1.  

   (2)   The medical officer shall immediately before the punishment is inflicted examine the prisoner and satisfy himself or herself that he or she is both mentally and physically fit to undergo the punishment, and shall make such recommendations for preventing injury to the prisoner's health as he or she may consider necessary, and the Superintendent shall carry such recommendations into effect.

1.  

   (3)   At any time after the infliction of the punishment has begun the medical officer may, if he or she considers it necessary in order to prevent injury to the prisoner's health, recommend that no further punishment be inflicted, and the Superintendent shall thereupon remit the remainder of the punishment.

1.  

   (4)   The Superintendent shall enter in the corporal punishment book the number of strokes inflicted and any remission which he or she may have ordered.

1.  

   (5)   Every instrument used for the infliction of corporal punishment shall be of a pattern approved by the Governor General.

55.   Medical certificate and visits by Superintendent

1.  

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

1.  

   (2)   Every prisoner undergoing cellular confinement or subjected to restricted diet No. 1 shall be visited at least once a day by the Superintendent and the medical officer, and if he or she is undergoing cellular confinement he or she shall be visited by an officer appointed for that purpose at intervals of not more than 3 hours during the day.

56.   Remission and mitigation of awards

1.  

   (1)   A disciplinary award may be remitted or mitigated by the Governor General acting in his or her discretion.

1.  

   (2)   A disciplinary award under rule 51 or any such award other than forfeiture of remission of sentence under rule 42 may be determined or mitigated at any time during the currency thereof by the authority responsible for the award.

Restraints

57.   Mechanical restraints

1.  

   (1)   Mechanical restraints shall not be used as a punishment or for any purpose other than safe custody during removal, except on medical grounds by direction of the medical officer, or in the circumstances and under the conditions stated in the following paragraphs of this rule.

1.  

   (2)   When it appears to the Superintendent that it is necessary to place a prisoner under mechanical restraint in order to prevent his or her injuring himself or herself or others, or damaging property, or creating a disturbance, the Superintendent may order him or her to be placed under mechanical restraint, and notice of it shall be given to the visiting justice and to the medical officer.

1.  

   (3)   The medical officer on receipt of the aforesaid notice shall inform the Superintendent whether he or she concurs in the order, and if on medical grounds he or she does not concur the Superintendent shall act in accordance with any recommendations which he or she makes.

1.  

   (4)   A prisoner shall not be kept under mechanical restraint longer than is necessary, or for a longer period than 24 hours unless an order in writing from a justice of the peace who is a member of the Board of visiting justices is given, specifying the cause thereof and the time during which the prisoner is to be so kept, which order shall be preserved by the Superintendent as his or her warrant.

1.  

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

1.  

   (6)   A mechanical means of restraint shall not be used except of such patterns and in such manner and under such conditions as may be approved by the Governor General.

58.   Temporary confinement

The Superintendent may order any refractory or violent prisoner to be temporarily confined in a special cell certified for the purpose in the same manner as cells to which rule 9 applies, but a prisoner shall not be confined in such a cell as a punishment or after he or she has ceased to be refractory or violent.

Complaints by prisoners

59.   Complaints to be recorded and put forward

1.  

   (1)   Arrangements shall be made that every request by a prisoner to see the Superintendent or the visiting justice shall be recorded by the officer to whom it is made and conveyed without delay to the Superintendent.

1.  

   (2)   The Superintendent shall at a convenient hour on every day, other than Sundays and public holidays hear the applications of all prisoners who have made a request to see him or her, and shall inform the visiting justice who visits the prison of every request by a prisoner to see the visiting justice.

Prohibited articles

60.   Prohibited articles generally

A person shall not without authority convey into or throw into or deposit in a prison, or convey or throw out of prison, or convey to a prisoner, or deposit in any place with intent that it shall come into the possession of a prisoner, any money, clothing, food, drink, tobacco, letter, paper, book, tool or other article whatever. Anything so conveyed, thrown, or deposited may be confiscated by the Superintendent.

61.   Drink and tobacco

1.  

   (1)   A prisoner shall not be given or allowed to have any intoxicating liquor except under a written order of the medical officer specifying the quantity to be given and the name of the prisoner for whose use it is intended.

1.  

   (2)   A prisoner shall not be allowed to smoke or to have in his or her possession any tobacco except in accordance with such orders as may be given by the Superintendent.

Control of admission

62.   General restrictions

1.  

   (1)   All persons and vehicles entering or leaving the prison may be examined and searched.

1.  

   (2)   A person suspected of bringing any prohibited article into the prison, or carrying out a prohibited article or any property belonging to the prison, or while in the prison of being in possession of a prohibited article, or in improper possession of any property belonging to the prison, shall be stopped and immediate notice thereof shall be given to the Superintendent, who may order that he or she shall be examined and searched.

1.  

   (3)   The Superintendent may refuse admission to the prison of a person who is not willing to be examined and searched.

1.  

   (4)   The Superintendent may direct the removal from the prison of a person who while in the prison is not willing to be examined and searched or whose conduct is improper.

63.   Visitors viewing prisons

1.  

   (1)   The Superintendent shall not, except as provided by statute, or as directed by the Governor General acting in his or her discretion allow any person to view the prison.

1.  

   (2)   The Superintendent shall ensure that no person authorised to view the prison makes a sketch, or takes a photograph unless authorised to do so by the Governor General acting in his or her discretion.

64.   Attendance at Executions

During the preparation for an execution and the time of the execution a person shall not enter the prison or place of execution who is not legally entitled to do so, unless under an order in writing from the Superintendent.

WORK

65.   General requirement of work

Every prisoner shall be required to engage in useful work for not more than 10 hours a day, of which so far as practicable at least 8 hours shall be spent in associated or other work outside the cells.

However, the medical officer may excuse a prisoner from work on medical grounds, and a prisoner shall not be set to any work unless he or she has been certified as fit for that type of work by the medical officer.

66.   Payment

Prisoners may receive payment for work in accordance with rates approved by the Minister.

67.   Unauthorised work

1.  

   (1)   A prisoner shall not be set to any type of work not authorised by the Superintendent.

1.  

   (2)   Except with the authority of the Superintendent, a prisoner shall not work in the service of another prisoner or of an officer, or of a government department other than the prison, or for the private benefit of any person.

RELIGION, EDUCATION AND WELFARE

Religion

68.   Recording of denomination

The religious denomination of every prisoner shall be ascertained and recorded on his or her reception and he or she shall be treated as a member of the denomination then recorded unless and until he or she satisfies the Board of visiting justices that he or she has good grounds for desiring the record to be altered.

69.   Services of chaplain

The prison shall have the regular services as chaplain of a priest or clergyman of the religious denomination to which most of the prisoners generally belong. Arrangements shall also be made for visits and ministrations of ministers of the other principal denominations hereinafter called prison ministers.

70.   Visits by special ministers

Where a prisoner is recorded as belonging to a religious denomination for which a prison minister has not been appointed to the prison, the Superintendent shall if the prisoner so requests arrange for him or her, as far as possible, to be visited by a minister of that denomination, and every such prisoner shall be informed of this rule on reception.

71.   Chaplain and Ministers to hold services

1.  

   (1)   The chaplain shall conduct divine service at least once on every Sunday, and on Christmas Day and Good Friday, and such celebrations of Holy Communion and such services on week-days as may be arranged.

1.  

   (2)   Prison ministers shall conduct divine service for prisoners of their denominations at such times as may be arranged.

72.   Visits by Chaplains

Every prisoner shall so far as practicable be regularly visited at proper and reasonable times by the chaplain or by a minister of his or her own denomination.

73.   Religious Books

There shall so far as practicable be available for the personal use of every prisoner such of the Scriptures and books of religious observance and instruction recognised for his or her denomination as are accepted by the Superintendent for use in prisons.

74.   Interviews, visits to sick

1.  

   (1)   The chaplain or a prison minister shall—

   1.  

      (a)     interview individually every prisoner recorded as belonging to that Minister's denomination, as the case may be, as soon as possible after the prisoner's reception, a short time before his or her discharge, and as often as practicable during his or her imprisonment; and

   1.  

      (b)     if no other arrangements are made, read the burial service at the funeral of such a prisoner dying in the prison.

1.  

   (2)   The chaplain shall visit sick prisoners and prisoners under restraint or undergoing cellular confinement who are recorded as belonging to his or her denomination and other prison ministers shall so far as possible do the same for prisoners recorded as belonging to their denominations.

1.  

   (3)   When a prisoner is sick, or under restraint or undergoing cellular confinement and is not regularly visited by a minister of his or her own denomination, the chaplain shall visit him or her if the prisoner is willing.

75.   Sunday work

Arrangements shall be made for avoiding all unnecessary work by prisoners of the Christian religion on Sunday, Christmas Day and Good Friday, and by prisoners recorded as belonging to other religions on their recognised days of religious observance.

76.   Substitute for Chaplain or Minister

1.  

   (1)   Such person as the Governor General acting in his or her discretion approves may officiate in the chaplain's absence.

1.  

   (2)   A prison minister may with the consent of the Governor General appoint a substitute to act for him or her in his or her absence.

Education and Libraries

77.   Evening classes

1.  

   (1)   At every prison programmes of evening educational classes shall be arranged and reasonable facilities, under such conditions as the Governor General determines, shall be allowed to prisoners who wish in their leisure to improve their education by private study, or to practise handicrafts.

1.  

   (2)   Special attention shall be paid to the education of illiterate prisoners.

1.  

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

1.  

   (4)   Educational facilities shall be provided for women similarly as for men and shall so far as possible include instruction in home-making and child care in all appropriate cases.

78.   Library

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

79.   Books from outside

Prisoners may receive books or periodicals from outside the prison under such conditions as the Superintendent determines.

Social Relations and After-care

80.   Family relationships

1.  

   (1)   So far as possible, attention shall be paid to the maintenance of such relations between a prisoner and his or her family as are desirable in the best interests of both.

1.  

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

1.  

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

81.   Information of transfer

A prisoner shall be allowed to inform his or her family of his or her transfer to another prison.

82.   After-care

From the beginning of the sentence of every prisoner consideration shall be given, in consultation with the welfare officer of the appropriate aid society or after-care association, or with the Board of visiting justices, to the future of the prisoner and the assistance to be given to him or her on and after his or her discharge.

83.   Information to family of death

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

Letters and visits

84.   Normal minimum provision

1.  

   (1)   Every prisoner shall be allowed to write and receive a letter on reception and thereafter once in 4 weeks, to receive a visit once in 4 weeks if he or she is in the young prisoners' class or star class, and to receive a visit once in 8 weeks if he or she is in the ordinary class.

1.  

   (2)   The letters and visits to which a prisoner is entitled under the foregoing paragraph of this rule is not liable to forfeiture under rules 51 and 52.

85.   Letters and visits generally

1.  

   (1)   Without prejudice to the provisions of rule 84 the Superintendent despite any provision of this and the 9 following rules or of any special rule may impose such restrictions upon and supervision over letters and visits as he or she considers necessary for securing discipline and good order, for the prevention of crime and criminal associations, and for the welfare of individuals.

1.  

   (2)   Except as provided in these Rules, a person shall not be allowed to communicate with a prisoner without special authority.

1.  

   (3)   Every letter to or from a prisoner shall (except as hereafter provided in these Rules in the case of certain communications to a legal adviser) be read by the Superintendent or by a responsible officer deputed by him or her for the purpose, and it shall be within the discretion of the Superintendent to stop any letter on the ground that its contents are objectionable or that it is of inordinate length.

86.   No Sunday or private visits

Visits to a prisoner shall not except in an emergency take place on Sunday and, except as hereafter provided in these Rules in the case of a legal adviser or certain medical advisers, shall be in the sight and hearing of a prison officer.

However, the Superintendent may allow exceptions from this rule either generally or as applied to particular prisons.

87.   Deferment in case of cellular confinement

When a prisoner who becomes entitled to a letter or visit under any provision of these Rules is at the time undergoing confinement, the letter or visit may in the Superintendent's discretion be deferred until such confinement has expired.

88.   Additional letters or visits as privilege

The Superintendent may allow such additional letters or visits as he or she determines as a privilege for any class of prisoners.

89.   Letter instead of visit

The Superintendent may allow a prisoner who is entitled to a visit to write a letter and receive a reply instead of such visit.

90.   Discretionary letters and visits

A prisoner may be allowed, at the discretion of the Superintendent to have special letters and visits for any purpose which in the opinion of the Superintendent is likely to promote the best interests of the prisoner or his or her family either during his or her sentence or after discharge.

Visits for special purposes

91.   Visits by police

An officer of police may visit any prisoner who is willing to see him or her on production of an order issued by or on behalf of the appropriate Commissioner of Police, and such visit shall be additional to those allowed under the foregoing rules.

92.   Persons imprisoned on default of payment

A person committed to prison in default of the payment of a sum which under any conviction or order he or she is required to pay shall be allowed to have an interview with his or her friends on a week-day at any reasonable hour, or to communicate by letter with them for the purpose of providing for a payment which would procure his or her release from prison, and every such prisoner shall on his or her reception be informed of this rule.

93.   Visits by legal adviser

1.  

   (1)   Reasonable facilities shall be allowed for the legal adviser of a prisoner who is party to legal proceedings, civil or criminal to interview the prisoner with reference to those proceedings in the sight but not in the hearing of an officer.

1.  

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

94.   Special purpose visits not to be forfeited

The visits for special purposes to which the last 2 foregoing rules refer shall be additional to the visits allowed under any other of the foregoing rules, and is not liable to forfeiture under rules 51 and 52.

PHYSICAL WELFARE

Medical Services

95.   Hospital accommodation

As soon as practicable after the commencement of these Rules and subject to the provision of the necessary funds at every prison a suitable part of the prison shall be equipped and furnished in a manner proper for the medical care and treatment of sick prisoners.

96.   General duties of medical officer

The medical officer shall have the care of the mental and physical health of the prisoners and shall every day see every sick prisoner, every prisoner who complains of illness, and every other prisoner to whom attention is specially directed.

97.   Immediate attendance and consultations

1.  

   (1)   The medical officer shall attend as soon as possible on receiving information of the illness of a prisoner.

1.  

   (2)   The medical officer may at his or her discretion call into consultation another medical practitioner, and shall do so before a serious operation is performed upon a prisoner, unless in his or her opinion it is essential for the operation to be performed immediately.

1.  

   (3)   The medical officer shall keep a record of occasions on which in accordance with this rule he or she consults another medical practitioner, and of the circumstances in which serious operations are performed without such consultation.

1.  

   (4)   If he or she recommends the removal of a prisoner to hospital in any case under this rule or under rule 103 or under section 30 of the Prison Act, 1963 he or she shall in addition to his or her other records, submit to the Governor General, through the Superintendent, a medical certificate on the form in Schedule 3 to these Rules.

98.   Duty to report

The medical officer shall report simultaneously to the Superintendent and to the Chief Medical Officer any matter which appears to him or her to require the consideration of the Governor General on medical grounds, and the Superintendent shall send such report to the Governor General.

99.   Report on danger to health

Whenever the medical officer has reason to believe that a prisoner's mental or physical health is likely to be injuriously affected by continued imprisonment or by any conditions of imprisonment, or that the life of a prisoner will be endangered by imprisonment, or that a sick prisoner will not survive his or her sentence or is totally or permanently unfit for imprisonment, he or she shall without delay report the case in writing to the Superintendent and to the Chief Medical Officer with such recommendations as he or she thinks fit, and the Superintendent shall forward such report and recommendations to the Governor General.

100.   Recommendations on diet

The medical officer shall report in writing to the Superintendent the case of any prisoner to which he or she thinks it necessary on medical grounds to draw attention and shall make such recommendations as he or she considers needful for the alteration of the diet or treatment of the prisoner or for his or her separation from other prisoners or for the supply to him or her of additional clothing, bedding, or other articles. The Superintendent, shall subject to such reference to the Chief Medical Officer or to the Governor General as he or she may think fit, carry such recommendations into effect so far as practicable.

101.   Suicidal prisoners

The medical officer shall draw the attention of the Superintendent to any prisoner whom he or she may have reason to think has suicidal tendencies in order that special observation may be kept on such a prisoner, and the Superintendent shall without delay, direct that such prisoner be observed at frequent intervals.

102.   Mental Illness

The medical officer shall keep under special observation every prisoner whose mental condition appears to require it, and shall take such steps as he or she considers proper for his or her segregation, and if necessary his or her certification under the Acts relating to lunacy or mental deficiency.

103.   Serious Illness

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

Hygiene

104.   Supervision of hygiene

The medical officer shall oversee and shall advise the Superintendent upon the hygiene of the prison and the prisoners, including arrangements for cleanliness, sanitation, heating, lighting, and ventilation.

105.   Washing, shaving and hair cutting

Arrangements shall be made for every prisoner to wash with soap daily at all proper times and for men (unless excused or prohibited on medical or other grounds) to shave or be shaved daily and to have their hair cut as required. The hair of a male prisoner may be cut as short as is necessary for good appearance but the hair of a female prisoner shall not be cut without her consent, except by direction of the medical officer for the eradication of vermin, dirt or disease.

106.   Toilet articles

Every prisoner shall be provided on admission with necessary toilet articles for cleansing his or her teeth and person, and arrangements shall be made for the replacement of these articles when necessary. Women shall be provided with such other toilet articles as are necessary to health and cleanliness.

Exercise

107.   Exercise to be regular

1.  

   (1)   Prisoners who are not engaged in outdoor work shall be given one hour's exercise in the open air.

However, in special circumstances the Superintendent may authorise the reduction of the daily period to half an hour.

1.  

   (2)   Wherever practicable prisoners of suitable age and physical condition shall receive physical training under qualified instructors during some part of the daily exercise period.

1.  

   (3)   The medical officer shall decide on the fitness of every prisoner for exercise and to undergo physical training, and may on medical grounds modify the exercise of a prisoner or excuse a prisoner from exercise.

Food

108.   Quality of food

The food provided for prisoners shall be of a nutritional value adequate for health and strength and of wholesome quality, well prepared and served, and reasonably varied in accordance with the Dietary Scale set out in Schedule 1. This Schedule shall be revised annually during the month of January.

109.   Inspection of food

The medical officer shall frequently inspect the food, cooked and uncooked, provided for prisoners, and shall report to the Superintendent on the state and quality of the food and on any deficiency in the quantity or defect in the quality of the water.

110.   No private food

Except as determined by the Superintendent or on medical grounds, a prisoner shall not be allowed to have any food other than the normal prison diet.

111.   Quantity of food

Except as provided under rules 51 and 52 for an offence against discipline, or on the written recommendation of the medical officer in the case of a prisoner who persistently wastes his or her food or on medical grounds by direction of the medical officer, a prisoner shall not have less food than is provided in the normal prison diet.

Clothing

112.   No private clothing

Every prisoner shall be provided with an outfit of day and night clothing adequate for health, in accordance with a scale approved by the Governor General, and shall wear such clothing and no other.

113.   Protective clothing

The clothing provided shall, where necessary, include suitable protective clothing for use at work.

PART 3
SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS

UNTRIED PRISONERS

General

114.   Separation

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

115.   Association

Restrictions on the association of untried prisoners shall be limited to what is necessary to prevent contamination or conspiracy to defeat the ends of justice.

116.   Food

An untried prisoner may be supplied at his or her own expense or at the expense of friends with food and drink (cocoa, tea, coffee or milk) subject to such conditions as the Superintendent determines.

117.   Clothing

1.  

   (1)   An untried prisoner may wear his or her own clothing, and have necessary changes of his or her own under-clothing supplied.

However—

1.  

   (a)     the clothing is sufficient and suitable;

1.  

   (b)     it is not required for the purpose of justice;

1.  

   (c)     it shall be disinfected if the medical officer so requires.

1.  

   (2)   An untried prisoner who does not wear his or her own clothing may be required to wear prison dress.

1.  

   (3)   The privileges of wearing his or her own clothing may under rules 51 and 52 be forfeited by an untried prisoner for the offence under rule 50 of escaping or attempting to escape.

Health and Cleanliness

118.   Hair cutting and shaving

An untried prisoner shall not be required to have his or her hair cut or, if he or she usually wears a beard, etc., to shave or be shaved, unless the medical officer considers it necessary for purposes of health or cleanliness, and his or her hair shall not be cut closer than is necessary for these purposes.

119.   Private medical attendant

If an untried prisoner desires the attendance of a registered medical practitioner or dentist, and is able and willing to defray any expenses thereby incurred, the Superintendent may, if he or she is satisfied that there is reasonable ground for application, allow him or her to be visited and treated by that practitioner or dentist in consultation with the medical officer.

Books

120.   Private property

The Superintendent may, on the application of an untried prisoner, allow him or her, so far as consistent with discipline and the good order of the prison, to have in his or her room or cell any articles which were in his or her possession at the time of his or her arrest and are not required for purposes of justice or reasonably suspected of forming part of property improperly acquired by him or her.

121.   Supply of books

1.  

   (1)   An untried prisoner may have supplied to him or her at his or her own expense books, newspapers, writing materials or other means of occupation except such as appear objectionable to the visiting justices, or pending consideration by them, to the Superintendent.

1.  

   (2)   The privilege allowed by this rule may at any time be withdrawn by the Superintendent, or the visiting justices on proof of an abuse thereof.

Work

122.   Work not to be compulsory

An untried prisoner shall not be required to work in the service or industries of the prison, but shall be offered the option of doing so.

Visits and Communications

123.   Visits generally

An untried prisoner may be visited during such hours and under such restrictions as the Superintendent determines.

124.   Prisoners in default of bail

Where an untried prisoner is imprisoned in default of bail, facilities shall be given to him or her, for the purpose of providing bail, to have an interview on any week-day at a reasonable hour, or to communicate with friends.

125.   Private medical adviser

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

126.   Letters and other facilities for defence

1.  

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

1.  

   (2)   A confidential written communication prepared as instructions for the legal adviser of an untried prisoner may be delivered personally to such legal adviser, and shall not be treated as a letter to which rule 85(3) applies, unless the Superintendent has reason to suppose that it contains matter not relating to such instructions.

Discipline

127.   Forfeiture of privileges

The privileges allowed to untried prisoners by these Rules, shall be liable to forfeiture under rules 51 and 52.

However, such forfeiture shall not affect visits or letters required for the purposes of securing bail or preparing a defence.

128.   Sale, etc., of articles

The sale or transfer or attempted sale or transfer to any person by an untried prisoner of an article allowed to be introduced into the prison for his or her use shall be an offence under rule 50, and upon proof of the offence rule 60 shall apply as it applies to an unauthorised article.

Appellants

129.   Application of Rules

The 5 following rules apply to prisoners who are appellants within the meaning of the Court of Appeal Rules (hereinafter called “appellants”) but their application to prisoners who are under, sentence of death shall be subject to the special rules applying to those prisoners.

130.   Appellants absent from prison

1.  

   (1)   An appellant who, when in custody, is to be taken to, kept in custody at, or brought back from, any place at which he or she is entitled to be present for the purposes of the Court of Appeal Rules, or any place to which the court of criminal appeal or any judge thereof may order him or her to be taken for the purpose of any proceedings of that court, shall while absent from prison be kept in the custody of the officer designated in that behalf by the Superintendent of the prison.

1.  

   (2)   An appellant when absent from prison under this rule shall wear his or her own clothing, or, if his or her own clothing cannot be used, clothing different from prison dress.

131.   Earnings for work done

If an appellant is ordered to be released by the Court of Appeal otherwise than on bail pending the hearing of his or her appeal, payment at a rate fixed by the Superintendent shall be made to him or her in respect of his or her work during the time he or she has been treated as subject to this section of these Rules.

132.   Private medical adviser

An appellant may for the purposes of his or her appeal receive a visit from a registered medical practitioner selected by him or her or by his or her friends or legal adviser.

133.   Other visitors

An appellant may for the purposes of his or her appeal receive a visit from any other person.

134.   Letters and other facilities for appeal

1.  

   (1)   Writing materials to such extent as the Superintendent considers reasonable shall be furnished to an appellant who requires them for the purpose of preparing his or her appeal.

1.  

   (2)   An appellant may write letters to his or her legal adviser or other persons for the purpose of his or her appeal.

1.  

   (3)   A confidential written communication prepared as instructions for the legal adviser of an appellant may be delivered personally to such legal adviser and shall not be treated as a letter to which rule 85(3) applies, unless the Superintendent has reason to suppose that it contains matter not relating to such instructions.

CONVICTED PRISONERS AWAITING SENTENCE OR REMAND

135.   Facilities for making representations

A convicted prisoner awaiting sentence or remanded for enquiry shall, if he or she so desires, for the purpose of preparing any representations to the court before which he or she is to appear to be sentenced or otherwise dealt with, be granted any or all of the facilities which are accorded to appellants under rules 133 to 136.

JUVENILE PRISONERS

136.   Juveniles

Juvenile prisoners sentenced to imprisonment shall be kept separated from all other prisoners. The Superintendent shall report the circumstances to the Governor General, forwarding the commitment and stating the age and previous convictions as far as known, with a view to the prisoner being disposed of as may appear advisable.

YOUNG PRISONERS

137.   Young prisoners' centres

1.  

   (1)   In order to secure the more complete separation of young prisoners from other classes, the Governor General may remove young prisoners to such prison or parts of prisons as under rule 4(1) they, set aside for the training of young prisoners, hereinafter referred to as young prisoners' centres.

1.  

   (2)   In all young prisoners' centres, and so far as practicable in prisons which are not for young prisoners' centres, special provision shall be made for the education and for the moral, physical, and industrial training of the prisoners.

138.   Board of Visiting Justices

The Board of visiting justices shall pay special attention to the training, welfare and after-care of young prisoners, and shall make an annual report thereon to the Governor General.

PRISONERS CHARGED WITH CAPITAL OFFENCES

139.   Capital offences

1.  

   (1)   A prisoner charged with a capital offence shall be kept under special observation, if practicable in the prison infirmary, at all times, and the prison medical officer shall keep a written record of the physical and mental condition of the prisoner in which entries shall be made daily if necessary. If advisable, application may be made to the Attorney General for a copy of the records of the case, in order to assist the prison medical officer in forming an opinion as to the mental condition of the prisoner, but he or she should bear in mind that records are furnished only that he or she may be in possession of important and true particulars of the prisoner's recent history, in so far as it has a bearing upon his or her mental state while under observation in prison.

A report shall be submitted to the Attorney General on the mental condition of the prisoner a few days before the date of the trial, stating whether or not any indication of insanity has been exhibited and whether or not the prisoner is fit to plead.

1.  

   (2)   This report should not express any opinion as to the prisoner's degree of responsibility at the time the offence was committed, this being a matter for the finding of the jury on the evidence submitted, but, if from symptoms exhibited while under observation in the prison it is clear that definite insanity exists and has been so for some time previous to the offence, or if the prison medical officer is of the opinion that there is a distinct history of periodical attacks of insanity, followed by intervals of mental clearness, and that the prisoner has been enjoying a lucid interval while under observation in the prison, his or her report shall embody this opinion.

PRISONER UNDER SENTENCE OF DEATH

140.   Search

A prisoner under sentence of death shall immediately on his or her reception be specially searched and every article shall be taken from him or her which the Superintendent considers it dangerous or inexpedient to leave in his or her possession.

141.   Separation and Supervision

1.  

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

1.  

   (2)   He or she shall be kept by day and by night in the constant charge of 2 prison officers.

1.  

   (3)   He or she shall not be subject to the requirements of rule 65 on the subject of work.

142.   Visits

1.  

   (1)   A prisoner under sentence of death may be visited by such of his or her relations, friends, and legal adviser as he or she desires to see and as are authorised to visit him or her by an order in writing from a member of the Board of visiting justices or from the Superintendent.

1.  

   (2)   The chaplain or the minister of the prisoner's own denomination shall have free access to him or her and shall visit him or her frequently.

1.  

   (3)   Any other person except a member of the Board of visiting justices and an officer shall not have access to the prisoner except by the permission of the Superintendent.

1.  

   (4)   All visits to prisoners under sentence of death shall take place in the sight and hearing of an officer, although such visit is by the prisoner's legal adviser or in relation to an appeal.

1.  

   (5)   Such a prisoner shall be allowed special facilities to correspond with his or her legal advisers, his or her relatives, and friends.

CIVIL PRISONERS

143.   Application of Rules

The 4 following rules apply to civil prisoners, that is to say prisoners detained for any cause specified in article 2134 or article 2135 of the Civil Code or under article 657 of the Code of Civil Procedure.

144.   Association and separation.

1.  

   (1)   Civil prisoners may associate among themselves at such times and in such manner as the Superintendent determines.

1.  

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

1.  

   (3)   Where owing to the small numbers of civil prisoners or otherwise suitable arrangements for association of such prisoners cannot be made, such a prisoner may if he or she so desires, with the approval of the Superintendent, be allowed to associate with prisoners of the star class at such times and in such manner as the Superintendent determines.

145.   Clothing

1.  

   (1)   A civil prisoner may, if he or she so desires, wear his or her own clothing and have necessary changes of his or her own underclothing supplied if the clothing is sufficient and suitable. The clothing shall be disinfected if the medical officer so requires.

1.  

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

1.  

   (3)   The privilege of wearing his or her own clothing may be forfeited by a civil prisoner for the offence of escaping or attempting to escape.

146.   Remission

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

147.   Visits and letters

1.  

   (1)   A civil prisoner may be visited during such hours, and such restrictions as the Superintendent determines and may write one letter and receive one letter in each week.

However, the Superintendent may, in a special case for special reasons allow additional letters to such reasonable extent as he or she deems advisable.

1.  

   (2)   These privileges are liable to forfeiture provided in section 39 of the Act. However, despite such a forfeiture the writing or receiving of one visit in 4 weeks shall be allowed.

PART 4
STAFF

148.   General obligations

1.  

   (1)   Every officer shall conform to these Rules and to the regulations of the prison and shall support the Superintendent in the maintenance thereof.

1.  

   (2)   Every officer shall obey the lawful instructions of the Superintendent.

1.  

   (3)   Every officer shall at once communicate to the Superintendent any abuses or impropriety which may come to his or her knowledge.

149.   Sick prisoners

Every officer shall direct the attention of the Superintendent to any prisoner (whether he or she complains or not) who appears to be out of health or whose state of mind appears to be deserving of special notice and care, and the Superintendent shall without delay bring such cases to the notice of the medical officer.

150.   Business transactions

1.  

   (1)   An officer shall not without the authority of the Superintendent carry out any pecuniary or business transaction with or on behalf of a prisoner.

1.  

   (2)   An officer shall not without authority bring in or carry out or attempt to bring in or carry out, or knowingly allow to be brought in or carried out, to or for a prisoner, or deposit in any place with intent that it shall come into possession of a prisoner, any article whatsoever.

151.   Gratuities

An officer shall not receive any unauthorised fee, gratuity, or other consideration in connection with his or her duty.

152.   Ex-prisoners

An officer shall not knowingly communicate with an ex-prisoner or with the friends or relatives of a prisoner or ex-prisoner except with the knowledge of the Superintendent.

153.   Search if required

Every officer shall submit himself or herself to be searched in the prison if called upon to do so by the Superintendent.

154.   Communications to press

1.  

   (1)   An officer shall not, directly or indirectly, make any unauthorised communication to representatives of the press or other persons in reference to matters which have become known to him or her in the course of his or her duty.

1.  

   (2)   An officer shall not without authority publish any matters or make any public pronouncement relating to the Governor General or the inmates of an institution to which the Act applies.

155.   Quarters

1.  

   (1)   Every officer shall occupy such quarters as may be assigned to him or her and shall at any time vacate them if required to do so.

1.  

   (2)   On the termination of an officer's service he or she shall give up the quarters he or she has occupied as soon as he or she is required to do so; and on the death of an officer his or her family shall give up the quarters when required to do so.

PART 5
THE BOARD OF VISITING JUSTICES

156.   Meetings

The Board of visiting justices appointed under section 48(1) of the Act shall meet at the prison once a month to discharge its functions under these Rules, or, if the Board resolves that, for reasons specified in the resolution, less frequent meetings are sufficient, not less than once a quarter.

157.   Visits to prisons

Members of the Board shall pay frequent visits to the prisons and at least 2 members shall visit all sections of any prison once in each week.

158.   Officers, Rota, Quorum

The Board shall at its first meeting appoint a chairperson and if necessary a vice chairperson and arrange a rota of attendance at the prison and fix a quorum of not less than 3 for the purpose of carrying out the duties assigned to them save as provided in rules 52 and 53.

159.   Vacancies

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

160.   Minutes

The Committee shall keep minutes of its proceedings.

161.   Inquiries

1.  

   (1)   The Board shall make inquiry into any matter specially referred to the Board by the Minister, and report thereon.

1.  

   (2)   It shall assist the Superintendent with advice as to the education, recreation, employment and welfare of the prisoners.

162.   Abuses

The Board shall bring all abuses in connection with the prison which come to its knowledge to the notice of the Minister immediately, and in case of urgent necessity, may suspend an officer until the decision of the Governor General is made known.

163.   Adjudications

1.  

   (1)   The Board when duly constituted shall hear and adjudicate on such offences as are reported to it.

1.  

   (2)   It shall furnish such information with respect to the offence reported to it, and its awards, as may be required by the Governor General.

164.   Access to prison

1.  

   (1)   The Board and all members of the Board shall have free access to all parts of the prison and to all prisoners, and may see such prisoners as they desire either in their cells or in a room out of sight and hearing of officers.

1.  

   (2)   They shall hear and investigate any application which a prisoner desires to make to them, and if necessary shall report the same, with their opinion, to the Minister.

165.   Sick Prisoners

The Board shall attend to any report which it receives to the effect that the mind or body of a prisoner is likely to be injured by the conditions of his or her imprisonment, and shall communicate its opinion to the Superintendent. If the case is urgent, it shall give directions thereon as it considers expedient, communicating the same to the Minister.

166.   Restraint

1.  

   (1)   If the Superintendent represents to a member of the Board that he or she or the medical officer has, in a case or urgent necessity, put a prisoner under mechanical restraint, and that it is necessary that the prisoner be so kept for more than 24 hours, such member may authorise the continuance of that restraint by order in writing, which shall specify the cause thereof and the time during which the prisoner is to be kept.

1.  

   (2)   If the Superintendent represents to a member of the Board that he or she has arranged for a prisoner to work temporarily in his or her cell and not in association, such member may authorise the arrangement by order in writing, and such order may be renewed from month to month.

167.   Diet

The Board shall inspect the diet of prisoners and if it finds the quality of food unsatisfactory it shall report the matter to the Superintendent and note the same in its minutes, and the Superintendent shall immediately take such steps thereupon as may be necessary.

168.   Books

The Board may inspect any of the books of the prison and a note of any such inspection shall be made in its minutes.

169.   Additional letters

The Board may, in any case of special importance or urgency, allow a prisoner an additional visit or letter or prolong the period of a visit.

170.   Denominational records

The Board shall investigate and decide on every application from a prisoner to change the record of his or her religious denomination. Before granting such an application, it shall satisfy itself that it is made from conscientious motives, and not from caprice or a desire to escape any prison regulations.

171.   Buildings

The Board may inquire into the state of the prison buildings, and if any repairs or additions appear to it to be necessary shall report thereon with its advice and suggestions to the Minister.

172.   Annual and other reports

The Board shall make an annual report at the end of each year to the Minister with regard to all or any of the matters referred to in these Rules, with its advice and suggestions upon any such matter, and it may make such reports to the Minister as it considers necessary concerning any matter relating to the prison to which, in its opinion, attention should be drawn.

173.   Permissions and consultation

The Board shall, before granting any permission which it has power to grant under these Rules, satisfy itself by consultation with the Superintendent that it can be granted without interfering with the security, good order, and proper government of the prison and the prisoners therein, and if after such permission has been granted its continuance seems likely to cause such interference, or a prisoner has abused permission granted to him or her or has committed misconduct, it may suspend or withdraw the permission.

174.   Contracts

A member of the Board shall not have any interest in any contract made in respect of a prison of which he or she is on the Board.

175.   Visiting Justices

A visiting justice shall attend at the prison whenever summoned by the Superintendent and shall investigate all charges brought against prisoners (to the due punishment of which the Superintendent's own powers are inadequate) which are referred to him or her by the Superintendent and deal with them in the manner provided in the rules relating to punishment.

176.   Punishment Book

A visiting justice shall examine the punishment book monthly and shall enquire into any irregularity or excessive punishment therein and shall, if necessary, communicate with the Minister on the subject.

PRISON OFFICERS

177.   Superintendent

1.  

   (1)   The Superintendent shall reside in the prison or in such quarters adjacent thereto as may be provided for him or her by the Governor General. He or she shall not follow or be concerned in any other occupation or trade, unless specially authorised by the Governor General. He or she shall not derive directly or indirectly, any emoluments or benefits, pecuniary or otherwise, from the supplies furnished for the use of the prison, or from the sale of any article produced in the prisons. He or she shall not let for hire any portion of his quarters or any part of the prison buildings or grounds. He or she may, if the term of the contract permit it, purchase provisions for the use of his or her family at the contract rates, but with this exception, he or she shall not have for his or her own use, or that of any other person, any dealings with any tradesman or contractor supplying the prison.

1.  

   (2)   He or she shall not absent himself or herself from the prison during working hours when practicable. Such absence is to be recorded in his or her journal together with the time of his or her departure from, and his or her return to, the prison.

1.  

   (3)   He or she shall strictly conform to the prison laws and rules, and shall require obedience to the same from all subordinate officers and prisoners. He or she shall be responsible for every relaxation or infringement of such laws and rules.

1.  

   (4)   He or she shall inspect every part of the prison, and see every prisoner at least once in every 24 hours, and in default of such daily inspections shall state in his journal how far he or she has omitted them and the cause thereof. He or she shall not allow anyone to enter or to leave the prison between the hours of locking up at night and unlocking in the morning, except the Governor General, official visitors or medical officer.

However, this rule shall not apply to the admission of a prisoner unavoidably brought to the prison at night.

1.  

   (5)   He or she shall not allow any person unconnected with the prison to sleep therein, without the written permission of the Governor General.

1.  

   (6)   He or she shall be careful that no visitor holds any communication with any prisoner unless duly authorised to do so.

1.  

   (7)   He or she shall take every precaution to guard against escapes, and shall cause a daily examination to be made of the cells, bars, bolts, locks, etc. In the event of an escape being effected he or she shall immediately report it to the police. He or she shall also adopt proper precautions against fire.

1.  

   (8)   He or she shall satisfy himself or herself that the food, clothing, and other supplies furnished by the contractors are wholesome and good, and are in quality, description, and weight, in accordance with the requisitions and contracts and shall reject all supplies which are not satisfactory. All contractors' accounts for articles supplied shall be certified by him or her. He or she shall frequently inspect the diets of prisoners, and see that they are of the proper description, quality and quantity.

1.  

   (9)   He or she shall at all reasonable times be ready to hear the complaints of any prisoner; all such complaints shall be entered in his or her journal.

1.  

   (10)   He or she shall report to the medical officer, without delay, the sudden illness of any officer or prisoner, and shall acquaint him or her, on his or her daily visits, with the names of all prisoners who complain of illness, or are undergoing solitary confinement. He or she shall report to the medical officer any case of insanity or apparent insanity occurring amongst the prisoners; also whenever the life of any prisoner seems likely to be endangered by his further continuance in prison, or by the discipline thereof. He or she shall report the names of all subordinate officers excused by the medical officer on a plea of illness, with the length of time for which any such officer is excused.

1.  

   (11)   He or she shall carry into effect any orders of the medical officer with reference to health and cleanliness.

1.  

   (12)   He or she shall give notice to a Minister of the religious denomination to which any prisoner belongs in all cases where he or she is informed by the medical officer that the life of such prisoner appears to be in danger.

1.  

   (13)   Upon the death of a prisoner, or an infant in the prison, he or she shall immediately report the same to the coroner of the District, and, when practicable, to the nearest relative of the deceased.

1.  

   (14)   He or she shall have power in case of serious misconduct, requiring immediate action, to suspend or place under arrest any subordinate officer, and shall report the particulars of such suspension and arrest without delay.

1.  

   (15)   He or she shall take care that all convicted prisoners are regularly set to work in accordance with the rules for employment of prisoners, unless exempted by the medical officer, and he or she shall, if practicable, provide suitable employment for all unconvicted prisoners who may desire to work.

1.  

   (16)   He or she shall see that the labour of all prisoners is made use of in such a way as to be to the best advantage to the prison, and shall not employ or allow to be employed any prisoner in any private work, whatever, for himself or herself, or for any other officer of the prison.

1.  

   (17)   He or she shall attend all corporal punishments, and shall enter in his or her journal any orders which the medical officer may have given on the occasion. He or she shall make all necessary arrangements for carrying out executions, and shall be present thereat.

1.  

   (18)   He or she shall be responsible for all stores, clothing, etc., and for all deficiencies in the same. He or she shall direct the issue for the proper supplies, and take care that no article of any description is issued until it is properly marked with the prison marks. He or she shall carefully study the requirements of the prison for the purpose of promoting economy and preventing waste.

1.  

   (19)   On 31 March, 30 June, 30 September, and 31 December in each year, he or she shall prepare and forward a list of articles to be condemned as unfit for further use, and shall dispose of such articles as directed. He or she shall take stock of all prison property on or before the 31 March each year, and shall keep a certified inventory thereof.

1.  

   (20)   He or she shall as early as possible in the month of January in each year prepare and transmit such statistical returns as may be required for the annual Blue Book.

1.  

   (21)   He or she shall once a month forward to the ministers of religious denominations in Castries lists of the prisoners belonging to their respective persuasions.

1.  

   (22)   In cases of emergency not sufficiently provided for in the Rules, he or she shall apply and conform to directions. He or she shall also report every important occurrence, and keep generally informed as to the condition of the institution and its inmates.

1.  

   (23)   He or she shall exercise his or her authority with firmness, temper, and humanity, and abstain from all irritating language, and not strike a prisoner, unless compelled to do so in self-defence. He or she shall enforce similar conduct on the part of the subordinate officers under penalty or their dismissal.

1.  

   (24)   (a)   He or she shall keep the following and such other books as the exigencies of the prisons require, and shall be responsible for their being properly kept and up to date—

   1.  

      (i)     an index to prison registers,

   1.  

      (ii)     a register for unconvicted prisoners,

   1.  

      (iii)     a register for convicted prisoners,

   1.  

      (iv)     a daily journal,

   1.  

      (v)     a punishment book for the entry of all punishments inflicted upon prisoners,

   1.  

      (vi)     a record of the employment and distribution of prisoners, male and female,

   1.  

      (vii)     an inventory of all articles belonging to the prison,

   1.  

      (viii)     an order book for the entry of any orders relative to the discipline of the prison which he or she may record or direct to be recorded,

   1.  

      (ix)     a record of officers' services, defaults, etc.,

   1.  

      (x)     a provision ledger,

   1.  

      (xi)     a prisoners' property book,

   1.  

      (xii)     an official visitors' book,

   1.  

      (xiii)     a general visitors' book,

   1.  

      (xiv)     a diet book, showing daily number of prisoners on each class of diet,

   1.  

      (xv)     a statistical book for compiling returns for the Blue Book,

   1.  

      (xvi)     a record of previous convictions,

   1.  

      (xvii)     a register of privileges showing the net weekly gain or loss of every prisoner in privileges.

   1.  

      (b)     The form of these books shall be settled, by the Superintendent subject to revision by the Governor General.

1.  

   (25)   He or she shall accompany the Governor General, and all official visitors, on their inspections of the prison.

1.  

   (26)   He or she shall have the prison walls and buildings lime-washed once in 6 months, or more often if necessary.

1.  

   (27)   He or she shall give notice to the Commissioner of Police of the approaching release of any prisoner under conviction by the courts of law.

1.  

   (28)   He or she shall upon the release of any prisoner unprovided with clothing, ascertain whether his or her relatives or friends can furnish him or her with clothing, and if not, he or she shall notify the social development officer who will furnish him or her with the necessary clothing at the public expense.

1.  

   (29)   He or she shall be allowed medical and dental attendance medicine and medical treatment for himself or herself and family at the public expense.

1.  

   (30)   He or she may order the money or other property of any prisoner to be applied towards the repair of any injury done by him or her wilfully to the prison, or to the prison property, or any other property therein.

1.  

   (31)   He or she shall see that no trees are allowed to grow against the outer walls, and that no rubbish or other articles are laid against them.

1.  

   (32)   He or she shall frequently inspect the work performed by prisoners both inside and outside the prison walls, and shall also cause the chief officer to do the same. Such inspections of outside work shall be recorded in a book kept for that purpose in the prison.

1.  

   (33)   In the event of disturbances or insubordination among the prisoners which he or she and the officers are unable to subdue, he or she shall make immediate demand on the police for assistance.

1.  

   (34)   He or she shall forward to the proper authority, all fines and costs received by him or her from prisoners committed in default of payment.

178.   Medical Officer

1.  

   (1)   The medical officer shall certify the class of labour that every prisoner is fit for on admission, and thereafter, if necessary on medical grounds, and a prisoner shall not be employed at any labour for which he or she is so certified to be unfit. He or she shall also assist when necessary in assigning the task of labour according to the physical capacity of a prisoner.

1.  

   (2)   He or she shall attend to and prescribe for all sick prisoners, and all officers of the prison. He or she shall examine all prisoners on admission, and report in the Medical Minute Book the cases of any who are found to be in an unfit state to be sent to prison; he or she shall also certify that a prisoner, previous to his or her being transferred to any other legalised place of confinement is in a fit state of health to be removed.

1.  

   (3)   Whenever he or she has reason to believe that the mind or body of a prisoner is or is likely to be injuriously affected by the discipline or treatment of the prison, he or she shall report the case in the Medical Minute Book for the information of the Superintendent, and shall give such directions as he or she may think proper. He or she shall also report to the Superintendent whenever he or she shall be of the opinion that the life of any prisoner is endangered by his or her continuance in prison, with the grounds of his or her opinion.

1.  

   (4)   He or she shall be in attendance at the prison every morning not later than 8:00a.m., and shall arrange his or her several visits and duties so as not to disturb the routine or discipline of the prison. He or she shall enter in the medical journal, the name of each prisoner, together with such directions for his or her treatment, diet, clothing, exercise, etc., and such other observations, as he or she shall see fit, the journal shall be signed by him or her and handed over daily to the Superintendent for his or her information and guidance.

1.  

   (5)   He or she shall keep a medical journal of all officers who may apply to him or her for advice, and shall, on receiving information from the Superintendent that any subordinate officer has absented himself or herself on the plea of illness, visit such officer, (provided he or she resides within 2 miles of the prison) and shall record in the said journal whether such officer is fit or unfit for duty, and if unfit, the period of time for which he or she is excused. The journal when signed by him or her shall be handed over to the Superintendent for his or her information and guidance.

1.  

   (6)   (a)   He or she shall keep at the prison the following books—

   1.  

      (i)     a prisoners' medical journal,

   1.  

      (ii)     an officers' medical journal,

   1.  

      (iii)     a medical minute book,

   1.  

      (iv)     a hospital case book,

   1.  

      (v)     a statistical book for the Blue Book,

   1.  

      (vi)     a prescription book.

   1.  

      (b)     The form of these books shall be settled by him or her, with the approval of the Superintendent, subject always to revision by the Governor General.

1.  

   (7)   He or she shall once a month inspect every part of the prison and record in the Medical Minute Book the result of his or her inspection, together with any observations he or she may think fit to make on the cleanliness, drainage, or ventilation, the quality of the provisions, the sufficiency of the clothing or bedding, the quantity or quality of the water, or anything which may in his or her opinion affect the health of the prisoners. He or she shall also frequently inspect the prisoners' diet, and satisfy himself or herself that it is of proper quantity, quality and description, recording any irregularity in the medical book.

1.  

   (8)   He or she shall observe occasionally the prisoners at labour, in order to witness the effect it has upon them.

1.  

   (9)   He or she shall daily visit every prisoner under punishment in cellular confinement, and record the visit in his or her journal.

1.  

   (10)   He or she shall attend all corporal punishments, and his or her instructions for preventing injury to health shall be carried out. He or she shall also be present at executions.

1.  

   (11)   In the event of his or her being prevented from attending to his or her duties through illness or any other unavoidable cause, he or she may depute a qualified medical practitioner to act as his or her substitute for 24 hours. Any longer period shall require the approval of the Governor General.

1.  

   (12)   He or she shall examine all subordinate officers before they assume their duties, and report whether they are medically fit to be prison officers.

1.  

   (13)   He or she shall furnish on or before the 31 January in each year, for insertion in the Blue Book, a report specifying, with reference to the past year, the health of the prisoners on admission, and the general state of health that has been maintained, the diseases which have been most prevalent, and whether any connection can be traced between them and the locality, the state of the buildings, the diet, employment, discipline and other circumstances; the number of deaths, the number of persons admitted to the hospital; the number of cases of slight indisposition treated in the cells; the proportion of sick to the whole number of prisoners examined during the year; and any other circumstances with respect to the health of the prisoners that he or she may consider proper to bring under the notice of the authorities.

1.  

   (14)   A sick prisoner shall not, at the expiration of his or her sentence, be released from prison, unless in the opinion of the medical officer he or she can be released with safety to health or such prisoner refuses to be examined in the prison.

179.   General Rules For Prison Officers

1.  

   (1)   All officers of or below Grade 1, shall be deemed to be members of the subordinate staff. Members of the subordinate staff shall be required on appointment to sign the declaration and furnish the particulars required by the forms in the Schedules 4 and 5 to these Rules.

1.  

   (2)   They shall be provided with copies of the Prison Rules and standing orders, and will be responsible for being fully acquainted therewith, and for their observance by prisoners under their charge. They shall strictly conform to and obey the orders of the Superintendent in every respect, and assist to their utmost in maintaining order and discipline. For this end, punishment for prison offences must sometimes be resorted to upon their report, but good temper and good example on their part will have great influence on the prisoners in preventing the frequent recurrence of offences, and the necessity for such punishments.

1.  

   (3)   They shall pay particular attention to prisoners under punishment in solitary confinement, and see that they are provided with necessaries, that their slops are frequently removed, and that they are visited at the regular times and that they receive one hour's exercise daily in the open air.

1.  

   (4)   An officer shall not correspond or hold any intercourse with the friends or relations of any prisoner, unless expressly authorised by the Superintendent; nor shall he or she make any unauthorised communication concerning the prison or prisoners to any person whatever. He or she shall also carefully abstain from forming acquaintance with discharged prisoners.

1.  

   (5)   An officer entrusted with keys shall not on any pretext take them out of the prison, but shall when leaving the prison on any occasion, deliver his or her keys to such officer as the Superintendent may depute for that purpose.

1.  

   (6)   They shall count the prisoners under their charge at locking up and at unlocking time, and shall report the state of their respective divisions and the numbers present. They shall frequently examine the state of the cells, bedding, locks, bolts, etc., and shall seize all prohibited articles and deliver them to the Superintendent.

1.  

   (7)   He or she shall also thoroughly search every prisoner on his or her return to the prison, for the purpose of ascertaining whether he or she has any prohibited articles secreted on his or her person. All tools and other implements are to be checked at the commencement and completion of work, and handed over to the officer deputed for that purpose.

1.  

   (8)   An officer, or any person in trust for him or her, or employed by him or her shall not sell, or have any benefit or advantage from the sale of any article to any prisoner, nor shall he or she have any pecuniary dealings whatever with any prisoner, or employ any prisoner on his or her private account, or in any official capacity in the discipline of the prison.

1.  

   (9)   An officer shall not directly or indirectly have any interest in any contract or agreement for the supply of the prison; nor shall he or she receive directly or indirectly, under any pretence whatever, any fee or present from any contractor or person tendering any contract with the establishment, but he or she may, if the terms of the contract permit it purchase provisions for the use of himself or herself and family at the contract rates.

1.  

   (10)   An officer shall not at any time receive money, fees, or gratuity of any kind, for the admission of any visitors to the prison or to prisoners, or from, or on behalf of any prisoner, on any pretext whatever.

1.  

   (11)   An officer shall not introduce into, keep, or use in the prison, tobacco, or liquor of any kind, or any newspaper, book or other publication, except under such restrictions as may be laid down by the Superintendent. Officers in charge of gangs employed outside the prison walls shall on no account use tobacco or spirituous liquors whilst in charge of such gangs.

1.  

   (12)   Special care must be taken that no ladders, ropes, implements, or materials of any kind, likely to facilitate escape, are left lying about the yards or elsewhere. All such articles when not in use, must be kept in their appointed places. Every officer shall immediately report any instance of such articles being left about in neglect of this rule.

1.  

   (13)   An officer shall not on any account enter the cell of any prisoner at night, unless accompanied by another officer, and only then in case of illness or other emergency.

1.  

   (14)   Every officer or servant of the establishment who shall (except for a lawful purpose, and with the authority of the Superintendent) bring in or carry out, or endeavour to bring in or carry out, or knowingly allow to be brought in or carried out of the prison, or convey or attempt to convey, or knowingly allow to be conveyed to or for any prisoner within or without the prison walls any money, clothing, provisions, letters, papers, or other articles whatsoever not allowed by the Rules of the prison, shall be suspended from his or her duties and placed under arrest by the Superintendent, who shall report the offence. Such conduct is liable to be punished by a fine or imprisonment under the provisions of the law relating to prisons.

1.  

   (15)   All fines imposed on officers are to be deducted from their pay and paid into the Treasury by the Superintendent to the credit of general revenue.

1.  

   (16)   Officers shall be entitled to medical attendance and medical treatment and medicine at the public expense.

180.   Special Rules For Certain Subordinate Officers

1.  

   (1)   Matron. The Matron shall reside in the female prison, and shall be under the immediate direction of the Superintendent. She shall be entrusted with the care, safe custody, and superintendence of the female prisoners, and the keys of the female prison shall be kept by her.

She shall make herself fully acquainted with the prison rules and standing orders, and enforce them so far as they apply to the female prisoners and any officers under her.

She shall not absent herself from the prison at any time without leave from the Superintendent, and during her absence she is to give charge to such other female officer as the Superintendent may direct.

She shall make such visits of inspection during the night as the Superintendent shall direct.

She shall, unless unavoidably prevented, attend the Superintendent and the medical officer, in their visits to the female prison, and she shall especially take care that no male officer, or visitor, or prisoner, enters the female prison unless accompanied by herself or some other female officer.

She shall be directly responsible in the female prison for the distribution of the prisoners' meals according to the prescribed scales of diet, and shall report to the Superintendent whether the food is properly cooked and of sufficient quantity.

She shall give instruction to female prisoners in sewing, washing, and other approved labour, and shall be directly responsible under the Superintendent for the enforcement of the proper tasks.

She shall perform in the female prison all the duties and have all the powers (except as to punishment of prisoners) that are required from, or conferred upon the Superintendent by these Rules, and are applicable to the management of the female prisoners and prison.

She shall report to the Superintendent any misconduct or breach of the rules by a female prisoner, and also touching anything in the discipline and condition of the female prison.

The matron and any other female officer shall be subject to the General Rules for Prison Officers so far as they apply to them.

1.  

   (2)   Chief Officer or Assistant Superintendent. The general duty of the Chief Officer is to assist the Superintendent in such manner as may be directed in the general superintendence of the officers and prisoners, and in the details of his or her duties.

He or she shall restrain by his or her authority any tendency to oppression or undue harshness on the part of the officers, and likewise every tendency to levity, rudeness and insubordination on the part of the prisoners.

He or she shall refrain from undue familiarity with the officers, and shall diligently observe their behaviour as well as that of the prisoners, and see that they strictly adhere to the Rules, and shall report to the Superintendent any neglect or misconduct that comes to his or her notice.

He or she shall frequently inspect every part of the prison, especially the cells and bedding, and report to the Superintendent any irregularity he or she may observe.

He or she shall lose no time in communicating to the Superintendent any circumstance which may come to his or her knowledge affecting the safety, health, or comfort of the prisoners.

He or she shall generally superintend the arrangements for the regular messing of the prisoners, and distribution of the meals, shall take care that their clothing is in good repair, and their hair kept properly cut; that washing, bathing, and shaving are attended to according to the Rules, and that the prescribed hours for exercise are duly observed.

He or she shall see that all male prisoners on admission are strictly and minutely searched, but with all regard to decency, handing over any prohibited articles and personal effects to the Superintendent. He or she shall also be responsible for the bathing, shaving and hair cutting of such prisoners, and see that they are properly clothed with the prison dress, except when otherwise directed by the Rules.

He or she shall specially attend to the carrying into effect of any orders as to the punishment of prisoners, and direct his or her particular attention to prisoners under punishment in solitary confinement, to ensure that they are provided with necessaries and food, that they are visited regularly, and that they are made to wash daily.

He or she shall attend specially to the carrying into effect of any orders of the prison medical officer as to the treatment of sick prisoners not confined in the infirmary.

He or she shall visit daily every party of prisoners while at work inside the prison and see that discipline and order are maintained.

He or she shall call the roll every morning at 6:40 a.m., before the prisoners proceed to their appointed task, and again at 4:45 p.m., and shall then see that every prisoner is in his or her cell and shall report the same to the Superintendent.

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   (3)   Officers acting as Gate Keeper. The gate keeper shall see that no stranger is admitted to see any part of the prison, unless by an order from the Governor General or the Superintendent, or unless accompanied by the Superintendent.

He or she shall take charge of all letters, or other articles authorised to be received for any prisoner, and shall deliver them to the Superintendent. He or she shall also carefully examine all orders for admission, and should he or she believe that any person is presenting an order obtained under false pretences, he or she shall refuse it, subject to the approval of the Superintendent. He or she shall endeavour to prevent the embezzlement of any prison property.

He or she shall be empowered to stop any person suspected of bringing any prohibited articles for the prisoners, or of carrying out property belonging to the prison, and, subject to the approval of the Superintendent, he or she may search any such person.

He or she shall observe, on their going out and returning, all prisoners who are working outside the prison walls, and immediately report any irregularity that he or she may discover.