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Prisons (Amendment) Act, 2004

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Jurisdiction: Zambia
Structure: 64 provisions
Citation: Act 16 of 2004
Dates: Undated source snapshot

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“This section adds new definitions for “Assistant Commissioner,” “Director,” “Parole,” and “Parole Board.””

This section adds new definitions for “Assistant Commissioner,” “Director,” “Parole,” and “Parole Board.” The Commissioner may, with the Minister’s approval, direct the Regional Commanding Officer to provide temporary prison shelter for prisoners who cannot be safely or conveniently kept in prison. This provision amends the principal Act by inserting a new section 4A after section 4. The Commissioner must appoint a Regional Commanding Officer for each region, and that officer must oversee prisons, records, and compliance in the region. The Commissioner must appoint an officer in charge for every prison, and that officer is subject to the Regional Commanding Officer’s direction and control.

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Section two of the principal Act is amended by the insertion

This section adds new definitions for “Assistant Commissioner,” “Director,” “Parole,” and “Parole Board.”

Section 2

The principal Act is amended by the insertion immediately

This section amends the principal Act by inserting a new Part IVA after Part IV.

Section 13

Section sixty of the principal Act is amended by the deletion

This provision amends section 60 of the principal Act by replacing the words about "their seeing or communicating with each other" with "any form of contact".

Section 23

The principal Act is amended by the insertion immediately

This section says the principal Act is amended by inserting new sections before section 117.

Section 35

Section one hundred and thir ty-eight of the principal Act

This section amends section 138 of the principal Act by deleting a colon, replacing it with a full stop, and deleting the proviso to subsection (1).

Section 48

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Showing 64 of 64 provisions

Amendment 24Substitution 17Repeal 13Provision 9

§ 2Section two of the principal Act is amended by the insertionAmendment

This section adds new definitions for “Assistant Commissioner,” “Director,” “Parole,” and “Parole Board.”

2. Section two of the principal Act is amended by the insertion in the appropriate places of the following new defmitions: " Assistant Commissioner " includes a Senior Assistant Amendment of section 2 Commissioner; " Director "means the Director of health services appointed under section sixteen A; and " Parole " means the conditional release of a convicted offender from a penal or correctional institution, under the continued custody of the State, to serve the convicted offender's remainder of sentence in the community under supervision; "Parole Board" means the National Parole Board established under section one hundred and thirteen A;

Section 2Verify source

§ 3Section four of the principal Act ,is amended by the deletionSubstitution

The Commissioner may, with the Minister’s approval, direct the Regional Commanding Officer to provide temporary prison shelter for prisoners who cannot be safely or conveniently kept in prison.

3. Section four of the principal Act ,is amended by the deletion of subsection (2) and the substitution therefor of the following: (2) The Commissioner may, with the approval of the Minister, direct the Regional Commanding Officer to provide shelter in temporary prisons for the safe custody of such number of prisoners as cannot be conveniently or safely kept in the prison. .

Section 3Verify source

§ 4The principal Act is amended by the insertion immediatelyAmendment

This provision amends the principal Act by inserting a new section 4A after section 4.

4. The principal Act is amended by the insertion immediately after section/our of the following new section: Amendment of section 4 Insertion of new section 4A

Section 4Verify source

§ 4A(I) The Commissioner shall appoint for every region RegionalAmendment

The Commissioner must appoint a Regional Commanding Officer for each region, and that officer must oversee prisons, records, and compliance in the region.

4A. (I) The Commissioner shall appoint for every region Regional a Regional Commanding Officer below the rank of the c�=ding Deputy Commissioner on the advice of the Police and Prisons O ,ccr Service Commission. Copies of this Act may be obtainetlfrom the Government Printer, P. 0. Box 30136. 10101 Lusaka. Price K3,500 each 162 No. 16 of 2004) Prisons (Amendment) (2) A Regional Commanding Officer shall- (a) be responsible to the Commissioner for the conduct and treatment of all prison officers and prisoners in the Regional Commanding Officer's region; (b) supervise and control all prisons and officers in charge of prisons in the Regional Commanding Officer's region;· , ( c) keep or cause td· be kept such records as the Commissioner may direct; and ( d) ensure that all prison officers and prisoners observe the provisions of this Act and any regulations, directions and orders made under it. Amendment of section 5

Section 4AVerify source

§ 5Section.five of the principal Act is amended bySubstitution

The Commissioner must appoint an officer in charge for every prison, and that officer is subject to the Regional Commanding Officer’s direction and control.

5. Section.five of the principal Act is amended by- (a) the deletion of subsection (1) and the substitution therefor , of the following: (1) The Commissioner shall appoint for every prison an officer in charge who in the performance of their functions shall be subject to the direction and control of the Regional Commanding Officer.; (b) in subsection (2) by the deletion of the word " Commissioner" after the words " such records as the " and the substitution therefor of the words " Regional Commanding Officer"; and (c) by the insertion immediately after subsection (3) of the following new subsection: ( 4) Where an officer in charge appointed under subsection (1) is absent from the office or is for any reason unable to discharge the functions of the office of officer in charge, a prison officer of the senior most rank in that prison shall temporarily assume charge of the prison until another officer in charge is appointed. Amendment of section 6

Section 5Verify source

§ 6Section six of the principal Act is amendedSubstitution

Section 6 amends the principal Act by requiring the Regional Commanding Officer, with the Commissioner’s and Minister’s consent, to employ temporary prison officers when prison officer numbers are insufficient.

6. Section six of the principal Act is amended- (a) by the deletion of subsection (1) and the substitution therefor of the following: (1) Where in any prison the number of prison officers detailed for duty in the prison is insufficient to secure the good management and government of the prison the Regional Commanding Officer shall, with the consent of the Commissioner and the Minister, employ such number of temporary prison officers as the Regional Commanding Officer considers necessary for the good management and government of the prison.; Prisons (Amendment) [No.16 of 2004 163 (b) in subsection (2) by the deletion of the words " police officer " wherever they appear and the substitution therefor of the words" prison officer"; and (c) in subsection (3) by the deletion of the words " police officer" before the words" to whom a prisoner' and the substitution therefor of the words " temporary prison officer."

Section 6Verify source

§ 7The principal Act is amended by the repeal of section sevenRepeal

Section 7 is repealed and replaced by substituted text.

7. The principal Act is amended by the repeal of section seven and the substitution therefor of the following: Repeal and replacement of section 7

Section 7Verify source

§ 7Section 7Provision

Prisons with women prisoners must have women prison officers in charge of them, and cross-gender prison officers may be employed only if they are accompanied on duty by an officer of the other sex.

7. ( l) Subject to subsection (l ), in every prison in which Women · son women prisoners are imprisoned there shall be women prison pn o 1cers o 1 ffi officers who shall have care and the supenntendence of the care for and line women prisoners, and who shall be responsible for their �iscip ,ema e 1 1sc1p me. · 1· d. prisoners , ·. (2) Notwithstanding subsection (l ), a male prison officer may be employed in a prison where women prisoners are imprisoned and a female prison officer may be employed in a prison where men prisoners are imprisoned: · Provided that whenever- (a) any male prison officer who is employed in a prison where women prisoners are imprisoned is on duty the male prison officer shall be accompanied by a female prison officer; and (b) any female prison officer who is employed in a prison where men prisoners are imprisoned is on duty the female prison officer shall be accompanied by a male prison officer.

Section 7Verify source

§ 8PartNoftheprincipa]ActisamendedbythedeletionoftheheadingSubstitution

This section amends Part IV by replacing the heading about medical officers’ duties with a heading for the Prison Health Service.

8. PartNoftheprincipa]Actisamendedbythedeletionoftheheading "APPOINIMENT AND DUTIES OF MEDICAL OFFICERS" and the substitution thereforof the heading "ESTABLISHMENTOFPRISON HEALTIISERVICE." Amendment of Part IV

Section 8Verify source

Part

Part IV

§ 9The principal Act is amended by the repeal of section sixteenRepeal

This provision repeals section 16 of the principal Act and replaces it with new text.

9. The principal Act is amended by the repeal of section sixteen and the substitution therefor of the following:

Section 9Verify source

§ 16There is hereby established a Prison Health ServiceProvision

A Prison Health Service is established to provide and administer health care within the service.

16. There is hereby established a Prison Health Service whose purpose shall be to provide and administer health care within the Service.

Section 16Verify source

§ 10The principal Act is amended by the insertion immediatelyRepeal

This provision amends the principal Act by inserting a new section 16A after section 16, titled “Establishment of Prison Health Service.”

10. The principal Act is amended by the insertion immediately after section sixteen of the following new section: Repeal and replacement of section 16 Establishment of Prison Health Service Insertion of new section 16A 164 No. 16 of 2004] Prisons (Amendment) Director of health services

Section 10Verify source

§ 16A(1) The Co�i;iion�r �hall appoint a Director ofRepeal

The Commissioner must appoint a Director of health services, acting on the Minister’s advice and the Police and Prisons Service Commission’s recommendation. The Director must manage the Prison Health Service day to day and supervise medical officers.

16A. (1) The Co�i;iion�r �hall appoint a Director of health services on the advice of the Minister responsible for health and on the recommendation of the Police and Prisons ' .. ' - Service Commission. Repeal and replacement ofscction 17 Medical officers (2) The Director shall- (a) be responsible for the efficient and effective day to day administration of the Prison Health Service; and (b) supervise the medical officers appointed under section seventeen.

Section 16AVerify source

§ 11The principal Act is amended by the repeal of sectionRepeal

This section amends the principal Act by repealing section 17 and replacing it with new text.

11. The principal Act is amended by the repeal of section seventeen and the subslilulion therefor of the following:

Section 11Verify source

§ 17A(1) The Commissioner shall, with the concurrenceProvision

The Commissioner must appoint enough medical officers for each prison, with the Minister responsible for health’s concurrence. Appointed medical officers must care for prisoners’ health, visit daily where practicable or when called, and report relevant concerns. Temporary cover can be arranged when no officer is appointed or the officer is absent.

17A. (1) The Commissioner shall, with the concurrence of the Minister responsible for health, appoint for each prison such number of medical officers as shall be necessary for the provision of health care to the prisoners in that prison. (2) Subject to the provisions of this Act, any medical officer appointed under subsection (1) shall have the general care of the health of prisoners and shall visit t4e prison daily where practicable or when called upon by the officer-in charge. (3) A medical officer shall report to the officer in charge any circumstances connected with the prison or the treatment of prisoners which appear to the medical officer to require consideration on medical or health grounds. (4) Where no medical officer is appointed under subsection (1 ), a Government medical officer in the district in which a prison is situated and who is nominated for duty as medical officer of the prison by the director of medical services with the concurrence of the Director shall be the medical officer of the prison. (5) During any period the medical officer appointed or nominated as medical officer of a prison under subsection ( 4) is absent or is not available for duty, the officer in charge of the prison may, with concurrenct: of the Director, engage temporarily any medical practitioner as medical officer and the medical practitioner so engaged shall exercise and perform in the prison the functions of a medical officer and shall, for the purposes of this Act, be deemed to be the medical officer. .- Priso11s (Ame11dme11/) [Nu.16 uf 2004 165

Section 17AVerify source

§ 12Section 11i11eteen of the prmcipal Act is amended by theAmendment

This section amends section 11 nineteen of the principal Act by deleting one phrase and replacing it with wording that lets the Commissioner prescribe by standing order.

12. Section 11i11eteen of the prmcipal Act is amended by the deletion of the words" as may be prescribed" and the substituti<>n therefor of the words "as the Commissioner may by standing orde1'" prescribe."

Section 12Verify source

§ 13The principal Act is amended by the insertion immediatelyAmendment

This section amends the principal Act by inserting a new Part IVA after Part IV.

13. The principal Act is amended by the insertion immediately after Part IV of the following new Part: Amendment of section 19 Insertion of new Part !VA PARTIVA ATTESTATION, SERVICE AND DISCHARGE OF PRISON OFFICERS

Section 13Verify source

§ 23AA prison officer shall on joining the Service be AttestationProvision

A prison officer must be attested when joining the Service and serve for the period and on the conditions set by the Police and Prisons Service Commission.

23A. A prison officer shall on joining the Service be Attestation attested-to serve in the Service for such period and ·on such conditions as may be prescribed by the Police and Prisons Service Commission. Declaration on joining the service

Section 23AVerify source

§ 23Btl) A person shall on joining the Service make andProvision

A person joining the Service must make and sign a declaration before a magistrate or senior prison officer, and must answer truthfully questions about prior service and certain convictions before doing so.

23B. tl) A person shall on joining the Service make and sign a declara lion before a magistrate or a senior prison officer in such manner as may be declared to be binding on that person's conscience . . (2) A person on joining the Service shall, before 'making .a declaration required in subsection (1), answer truthfully any question put to that person as to that person's previous service in any military, naval, air force or police force, and as to whether that person has at any time been convicted in Zambia or elsewhere and been sentenced to a term of imprisonment of not Jess than six months without the option ofa fine. • Prolongation of service in case of war Termination of appointment ofcertair. prison officers

Section 23BVerify source

§ 23CAny prison officer who resigns or whose period ofProvision

A prison officer who resigns or reaches the end of service during war, insurrection, or hostilities may be stopped from leaving, and service may be extended by the President.

23C. Any prison officer who resigns or whose period of service expires during any state of war, in�u.rrecJ,i.on or hostilities may be restrained from resigning-or reti_ring from the Service and the service of that prison officer shall be prolonged for such further period as.the President may direct.

Section 23CVerify source

§ 23D( I) The appointment ofa prison officer by the PoliceAmendment

The Commission may end a prison officer’s appointment within six months of the declaration, with 14 days’ notice or 14 days’ salary in lieu, and may also discharge the officer for illness, misconduct, false information, or a disciplinary charge.

23D. ( I) The appointment ofa prison officer by the Police and Prisons Service Commission may within six months of making and signing the declaration prescribed under section twenty-three B, be terminated on fourteen days' notice on either side or payment of fourteen days' salary.in lieu ofnotice. · (2) Notwithstanding subsection (1) the Commission may . discharge a prison officer- · · · · · · (a) who is unfit.to work due to ill health; · "· ··· • ·' (b) for misconduct; · (c) for providing false information on attestation or in · the course of duty; or (dj who is charged with a disciplinary offence under this Act. 166 No. 16 of 2004] Prisons (Amendment) Release on completion of service Arms and ,a:oontrem,ras to be delivered up on ceasing to belong to the Service

Section 23DVerify source

§ 23E(1) Subject to the provision of this Act, a prison officerOffence

A prison officer is normally retired and released from service when their service period ends, unless a disciplinary charge is still pending.

23E. (1) Subject to the provision of this Act, a prison officer who has completed that officer's period of service shall be retired by the Police and Prison Service Commission and released from service by the officer in charge of the prison at the place where that prison officer is stationed unless at the date of completion of service, the prison officer is charged with a disciplinary offence under this Act and the case is still pending: Provided that where a prison officer is stationed at the Service headquarters, a regional headquarters or at the Ministry responsible for home affairs the prison officer shall be released from service by the head of the station. (2) Where a prison officer commits a disciplinary offence under this Act the prison officer's period of service shall be prolonged and the prison officer's release from service deferred until that prison officer is- (a) tried by a court oflaw; or (b) has undergone disciplinary proceedings under this Act and any punishment imposed by a court or disciplinary authority in respect of that offence is enforced. (3) A prison officer shall remain subject to the provisions of this Act until that prison officer has received a certificate of service.

Section 23EVerify source

§ 23F(1) Where a person ceases to be a member of theAmendment

When a person leaves the Service, they must immediately hand back Government-owned arms, ammunition, uniforms, and related equipment to the specified prison officer or prison officer in charge.

23F. (1) Where a person ceases to be a member of the Service, that person shall forthwith deliver up to a prison officer appointed by the Commissioner for that purpose, or to the officer in charge of the prison at the place at which that person was last stationed, all arms, ammunition, accoutrements, uniforms and other equipmeµt which were supplied to that person and are the property of the Government. (2) Any person who, having ceased to be a member of the Service, fails to deliver up any arms, ammunition, accoutrements, uniform or other equipment in 'the possession of that person as required under this section commits an offence and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a term of three months, or to both. (3) Subject to the provisions of this section the court which convicts a person may issue a warrant to search for and seize all such arms, ammunition, accoutrements, uniform and other equipment not delivered up. .. • ... Pr isons (Amendment) (No. 16 of 2004 167

Section 23FVerify source

§ 14Section 14Substitution

A search of a person under this section must be carried out by an officer of the same sex as the person being searched.

14. .Section twenty-seven of the principal Act is amended by the deletion of subsection (5) and the substitution therefor of the following: Amendment of section 27 ( 5) Any search ofa person under this section shall be made by an officer of the same sex as the person to be searched.

Section 14Verify source

§ 15Section t wenty-eight of the principal Act is amendedAmendment

This provision amends sections 28 and 33 of the principal Act by making wording changes to those sections.

15. Section t wenty-eight of the principal Act is amended (a) · by the insertion of a comma after the word "Commissioner"; and (b) by the insertion after the comma of the words " Regional Commanding Officer." Amendment of section 28 _ 16. Section thirty-three of the principal Act is amended (a) by the insertion of a full-stop after the word " or both"; Amendment of section 33 and (b) by the deletion of the comma and the words "and in addition to any such punishment shall be liable to a sentence of corp·oral punishment of such number, not exceeding twelve strokes with a cane, as the court specifies."

Section 15Verify source

§ 17Section 17Substitution

This section changes subsection 5 of section 39 so the Industrial Relations Court replaces the Minister, with a right of appeal to the Supreme Court.

17. Section thirty-nine of the principal Act is amended in subsection (5) by the deletion of the words " the Minister whose decision thereon shall be final and conclusive and shall not be questioned in any proceedings" and the substitution of the words " the Industrial Relations Court, subject to the right to appeal to the Supreme Court ".

Section 17Verify source

§ 18Sectionforty-one of the principal Act is amendedSubstitution

This section amends Section forty-one of the principal Act by replacing one word in subsection (1) and inserting a new word before another in subsection (2).

18. Sectionforty-one of the principal Act is amended- (a) in subsection (1) by the deletion of the word "Constitution " and the substitution therefor of the words " Police and Prisons Service Commission Regulations "; and . (b) in subsection (2) by the insertion of the word " Assistant " before the word " Superintendent ".

Section 18Verify source

§ 19The principal Act is amended by the repeal of sectionfortyRepeal

This section amends the principal Act by repealing section 42 and replacing it with new text.

19. The principal Act is amended by the repeal of sectionforty two and the substitution therefor of the following:

Section 19Verify source

§ 42(1) The Commissioner may recommend to the PoliceRepeal

The Commissioner may recommend reducing or dismissing certain prison officers, and an affected prison officer may appeal.

42. (1) The Commissioner may recommend to the Police and.Prisons Service Commission-- ( a) the reduction in rank ofany prison officer below the rank of Assistant Superintendent who is found guilty of a disciplinary offence the circumstances of which warrant such reduction; or (b) the dismissal of any prison officer below the rank of Assistant Superintendent who is sentenced to a t,;nn of imprisonment for a period of six months or mere. Amendment of section 39 Amendment of section 41 Repeal and replacement of section 42 Reduction in rank or dismissal of prison officer I � 168 No. 16 of 2004] Pri:wns (Amendment) Cap. 259 Amendment of section 45 (2) A prison officer who is reduced in rank or dismissed under this section may appeal against the reduction in rank or dismissal in the manner provided in regulation 42 of the Police and Pr.ison Service Commission Regulations.

Section 42Verify source

§ 20Section forty-jive of the principal Act is amended .by_ theSubstitution

The Commissioner, or an authorised senior prison officer, may inquire into alleged disciplinary offences by a junior officer and, if satisfied the offence occurred, must impose one of the listed punishments after giving the junior officer a chance to be heard.

20. Section forty-jive of the principal Act is amended .by_ the deletion of subsection ( 1) and the substitution therefor of the following: (1) The Commissioner, or a senior prison officer authorised by the <:;ommissioner, may inquire into any disciplinary offence alleged to have been committed by a junior officer and if satisfied that the offence has been committed, shall impose any of the following punishments: (a) reprimand; (b) severe reprimanfl;. (c) defermentof-in�rement; ·' (e) .'Ylthholding of increment; or (f) fine: ' . , Amendment of section 46 Provided that prior to imposing any punishment under this subsection the Commissioner shall give the junior officer an opportunity to be heard during such inquiry. (2) The junior officer may, if the junior officer so wishes, be present during the inquiry, and shall be given an opportunity to be heard during such inquiry.

Section 20Verify source

§ 21Section forty-six of the principal Act is amended by theSubstitution

The Commissioner, a senior officer, or an officer in charge may investigate alleged disciplinary offences by a subordinate officer and impose listed punishments if satisfied an offence occurred.

21. Section forty-six of the principal Act is amended by the deletion of subsection (1) and substitution therefor of the following: (1) The Commissioner, a senior officer or officer in charge may inquire into any disciplinary offence alleged to have been committed by a subordinate officer and if satisfied that an . offence has been committed, may impose any of the following punishments: (a) reprimand; (b) severe reprimand; ( c) deferment of increment; ( d) stoppage of increment; ( e) withholding of increment; (j) forfeiture of one or more efficiency badges; (g) fine not exceeding one-half of one month's pay; or (h) in the case of a subordinate officer undergoing training at the prison staff training school, extra drill for a period not exceeding seven days: Prisons (Amendment) [No. 16 of 2004 169 Provided that- (i) the subordinate officer may if the subordinate officer so wishes be present during the inquiry and shall be given an opportunity to be heard during such inquiry; and (ii) the proceedings and the results of the inquiry shall not be recorded in the personal records of the offending prison officer.

Section 21Verify source

§ 22Section forty-seven of the principal Act is amended inSubstitution

This provision amends section 47(2) of the principal Act by replacing “President” with “Police and Prisons Service Commission.”

22. Section forty-seven of the principal Act is amended in subsection (2) by the deletion of the word " President " and the substitution therefor of the words " Police and Prisons Service Commission." Amendment of section 47

Section 22Verify source

§ 23Section sixty of the principal Act is amended by the deletionSubstitution

This provision amends section 60 of the principal Act by replacing the words about "their seeing or communicating with each other" with "any form of contact".

23. Section sixty of the principal Act is amended by the deletion of the words •� their seeing or communicating with each other " ·after the words " as far as is practicable " and the substitution 'therefor of the words " any form of contact ".

Section 23Verify source

§ 24Section seventy-nine of the principal Act is amended inSubstitution

The section amends two penalty provisions by increasing the fine amounts, and in one case increasing the possible imprisonment term.

24. Section seventy-nine of the principal Act is amended in subsection ( 4) by the deletion of the words "seven hundred and fifty " after the words " a f ine not exceeding " and the substitution therefor of the words " one thousand five hundred ". ' 25. · Section eighty:four of the principal Act is amended by the deletion of the words " a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months." and the substitution therefor of the words " a fine not ·exceeding three thousand penalty units or to imprisonment for a period not exceeding two years."

Section 24Verify source

§ 26Section ninety-one of the principal Act is amendedAmendment

Section 91 is amended to add a new paragraph covering sodomy or other indecent acts involving another prisoner, and to renumber the existing paragraph (x) as (xi).

26. Section ninety-one of the principal Act is amended- (a) by the insertion immediately after paragraph (ix) of the following new paragraph: (x) committing sodomy or any other indecent act to, or with, another prisoner; and (b) by the re-numbering of paragraph (x) as paragraph (xi). Amendment of section 79 Amendment of section 60 Amendment of section 84 Amendment of section 91

Section 26Verify source

§ 27Section ninety:four of the principal Act is amended by theAmendment

This provision amends section ninety:four of the principal Act by deleting subsection (3).

27. Section ninety:four of the principal Act is amended by the deletion of subsection (3).

Section 27Verify source

§ 28Section ninety-eighi of the principal Act is amendedRepeal

This provision amends section ninety-eighi by changing punctuation at the end of paragraph (g) and deleting paragraph (h).

28. Section ninety-eighi of the principal Act is amended (a) by the deletion of the semi-colon at the end of the proviso to paragraph (g) and the substitution therefor of a full stop; and (b) by the deletion of paragraph (h). Amendment of section 94 Amendment ·of section 98 • • 170 No. 16 of 2004] Prisons (Amendment) Repeal of sections 99 to 105 Amendment of section 108 Jnsertion of new section 1 1 1 A Discharge of terminally ill prisoners

Section 28Verify source

§ 29The principal Act is amended by the repeal of sectionsRepeal

This provision amends the principal Act by repealing sections 99, 100, 101, 102, 103, 104, and 105.

29. The principal Act is amended by the repeal of sections ninety-_nine, one hundred, one hundred and one, one hundred and two, one hundred and three, one hundred and four and one hundred andfive.

Section 29Verify source

§ 30Section one hundred and eight of the principal Act isAmendment

This section amends section 108 of the principal Act by deleting a comma and removing the words “other than corporal punishment.”

30. Section one hundred and eight of the principal Act is amended by- (a) the deletion of the comma after the word " imposed " and before the word " may "; and (b) the deletion of the words " other than corporal punishment " between the words " imposed " and " may ".

Section 30Verify source

§ 31The principal Act is amended by the insertion immediatelyAmendment

The principal Act is amended by inserting a new section after section 111.

31. The principal Act is amended by the insertion immediately after section one hundred and eleven of the following new section:

Section 31Verify source

§ 111AThe Commissioner may, with the approval of theProvision

The Commissioner may order the release of a terminally ill prisoner from prison if the Minister approves and the relevant officers recommend it.

111A. The Commissioner may, with the approval of the Minister, order the discharge from prison of any terminally ill prisoner on the recommendation of the Regional Commanding Officer and the medical officer responsible for the health care of the prisoner: Provided that where the terminally ill prisoner is an unconvicted person or an appellant whose appeal is pending before a court, the Commissioner shall prior to releasing that prisoner notify the court of the intention to release the prisoner and the court shall indicate whether or not it consents to the release. Insertion of new sections 1 13Aand 1 13B National Parole Board (2) Where the court does not consent to the release of the prisoner under subsection ( 1 ), the court shall give the reasons for so refusing.

Section 111AVerify source

§ 32The principal Act is amended by the insertion immediatelyAmendment

This provision amends the principal Act by inserting new sections after section 113.

32. The principal Act is amended by the insertion immediately after section one hundred and thirteen of the following new sections:

Section 32Verify source

§ 113A(1) There is hereby established the National ParoleAmendment

This provision establishes the National Parole Board and says its members are appointed by the Minister.

113A. (1) There is hereby established the National Parole Board which shall consist of members appointed by the Minister as follows: '(a) the Deputy Commissioner in charge of correctional services who shall be the Chairperson; (b) the Chaplain-General; (c) the Director; (d} a representative of the ministry responsible for home affairs; Prisons (Amendment) [No. 16 of 2004 171 (e) a representative of the ministry responsible for community development and social welfare; (f) a representative of the Attorney-General; (g) a representative ofreligious organisations; (11) a representative of a non-governmental organisation dealing with the welfare of prisoners; and (i) a member of the reception and discharge committee referred to in section one hundred and sixteen B. (2) The Vice-Chairperson shall be elected by the Members from among their number.

Section 113AVerify source

§ 113BThe Parole Board shallProvision

The Parole Board must coordinate parole-related activities, recommend prisoners for parole release, and carry out any other functions the Minister prescribes by statutory instrument.

113B. The Parole Board shall- (a) coordinate activities related to, and recommend the release of prisoners on parole; and (b) perform such other functions as the Minister may, by statutory instrument, prescribe. Functions of parole Board

Section 113BVerify source

§ 33The principal Act is amended by the repeal of section oneRepeal

This section amends the principal Act by repealing section 114 and replacing it with new text.

33. The principal Act is amended by the repeal of section one hundred andfourteen and the substitution therefor ofthe following:

Section 33Verify source

§ 114ProvisionRepeal

The Commissioner may allow an eligible prisoner to be on parole, subject to terms set by the Parole Board.

114. The Commissioner may, on such terms and conditions as the Parole Board may determine, permit a prisoner who is serving a term of imprisonment of at least two years, within six months of the date the prisoner is due to be released, to be absent from prison on parole until the expiry of the remainder of the prisoner's term of imprisonment. Repeal and replacement of section 114 Release prisoner on _parole

Section 114Verify source

§ 34The principal Act is amended in Part XVI by the deletionSubstitution

This section changes Part XVI by deleting one heading and replacing it with a new heading.

34. The principal Act is amended in Part XVI by the deletion of the heading " COMPULSORY AFTER CARE.ORDERS" and the substitution therefor of the heading " EXTENSION SERVICES AND COMPULSORY AFTER CARE ORDERS ". Amendment of Part XVI

Section 34Verify source

Part

Part XVI

§ 35The principal Act is amended by the insertion immediatelyAmendment

This section says the principal Act is amended by inserting new sections before section 117.

35. The principal Act is amended by the insertion immediately before section one hundred and seventeen of the following new sections:

Section 35Verify source

§ 116A(I) The Commissioner shall establish an extensionAmendment

The Commissioner must establish an extension services programme and appoint professionally qualified social welfare officers to administer it.

116A. (I) The Commissioner shall establish an extension services programme for purposes of providing post imprisonment programmes for discharged prisoners -and prisoners who are released under compulsory after care orders .. (2) . The Commissioner shall appoint, as extension officers, persons who are professionally qualified in social welfare for the purposes of administering the extension services programme and compulsory after care orders. Insertion of new sections 116A, 1 16B and 1 1 6C Extension services 172 No. 16 of 2004] Prisons {Amendment) Eligibility for extension services

Section 116AVerify source

§ 116B(I) A prisoner shall not be eligible for selection toProvision

A prisoner cannot be selected for an extension services programme unless they have served at least two years, shown good conduct and industry, and deserve reintegration after release.

116B. (I) A prisoner shall not be eligible for selection to an extension services programme unless the prisoner- (a) has served a term of imprisonment of at least two years; (b) has proved to be of good conduct and is industrious; and (c) deserves to be settled back into society following the expiry of that prisoner's term of imprisonment. (2) The selection of an eligible prisoner for the extension services programme shall be determined by a reception and discharge committee which shall be established for that purpose at a prison where the eligible prisoner is imprisoned. (3) A reception and disclu,rrge committee.shall comprise such members as the Commissioner may, by standing orders, determine and shall include the prison chaplain.

Section 116BVerify source

§ 36Section one hundred and nineteen of the principal Act isAmendment

This section amends section 119 of the principal Act by adding the words “to the President” after “shall forward” in subsection (1).

36. Section one hundred and nineteen of the principal Act is · amended in subsection ( 1) by the insertion of the words " to the President " after the words " shall forward."

Section 36Verify source

§ 37Section one hundred and twenty-three is amended by theAmendment

A visiting judge must not release any prisoner from prison during an official visit.

37. Section one hundred and twenty-three is amended by the insertion of the following new proviso: Provided that no visiting judge may during an official visit release any prisoner from prison. • •

Section 37Verify source

§ 38Section one hundred and twenty1'our of the principal ActSubstitution

This section amends another Act to add the Permanent Secretary to the ministry responsible for home affairs after “Deputy Minister” in subsection (1), and to replace subsection (2) so that the Deputy Minister in charge of a province and the Permanent Secretary to the province are visiting justices of all prisons in that province.

38. Section one hundred and twenty1'our of the principal Act is amended- (a) in subsection (1) by the insertion of a conuna and the words " and the Permanent Secretary to the ministry responsible for home affairs " after the words "Deputy Minister "; and (b) by the deletion of subsection (2) and the substitution therefor of the following: (2) The Deputy Minister in charge rif a province and the Permanent Secretary to the province shall be visiting justices of all prisons in that province.

Section 38Verify source

§ 39The principal Act is amended by the repeal of section oneRepeal

This provision amends the principal Act by repealing section 125 and substituting new text in its place.

39. The principal Act is amended by the repeal of section one hundred and twenty-five and the substitution .therefor of the following:

Section 39Verify source

§ 125Magistrates, Town Clerks, Council Secretaries, andRepeal

Magistrates, town clerks, council secretaries, and members of the Human Rights Commission must act as visiting justices for prisons in the area where they normally exercise jurisdiction.

125.Magistrates, Town Clerks, Council Secretaries, and members of the Human Rights Commission shall be visiting justices of the prisons situated in the area in which they normally exercise jurisdiction. Amendment of section 119 Amendment of section 123 Amendment of section 124 Repeal and replacement of section 125 Magistrates, etc to be visiting justices in own areas -. ' Prisons (Amendment) .. (No. 16 of 2004 173

Section 125Verify source

§ 40Section one hundred and twenty-six of the principal Act isAmendment

This provision amends section 126 by replacing a time phrase with times prescribed by the Commissioner.

40. Section one hundred and twenty-six of the principal Act is amended by the deletion of the words " at any time " after the words " visiting justice may " and the substitutiori therefor of the words " such times as the Commissioner may prescribe." Amendment ' of . section 126

Section 40Verify source

§ 41Sectio� one hundred and twenty-seven of the principal ActAmendment

The section amends section 127 and requires a visiting justice to submit a written, comprehensive inspection report to the Commissioner.

41. Sectio� one hundred and twenty-seven of the principal Act is amended- Amendment of section 127 (a) by the renumbering of the paragraph of that section as subsection (1); and (b) by the insertion immediately after subsection (1) of the following new subsection: (2) A visiting justice shall submit to the Commissioner a written and comprehensive report of the inspection containing such details as the visiting· justice may co.nsider necessary.

Section 41Verify source

§ 42Section one hundred and twenty-eight of the principal ActAmendment

Section 128 of the principal Act is amended to add the words “by Gazette notice” after “Minister may.”

42. Section one hundred and twenty-eight of the principal Act is amended by the insertion of the words " by Gazette notice "· after the words " Minister may." Amendment of section 128 Amendment of section 129 Amendment of section 130

Section 42Verify source

§ 43Section one hundred and twenty-nine of the principal ActAmendment

This section amends section 129 of the principal Act by inserting a semicolon after “confinement” and deleting a sentence about women official visitors’ access to prison areas.

43. Section one hundred and twenty-nine of the principal Act is amended in paragraph (b)- ( a) b y the insertion of a semi-colon after the word " confinement "; and (b) by the deletion of the words " save that women official visitors may visit only those parts of each prison set aside for the detention of women prisoners."

Section 43Verify source

§ 44Section one hundred and thirty of the principal Act isAmendment

The official visitor must submit a written and comprehensive inspection report to the Minister, and copies must go to specified prison officials.

44. Section one hundred and thirty of the principal Act is amended- (a) by the renumbering of the paragraph of that section as subs·ection (1); and (b) by the insertion immediately after subsection (1) of the following new subsection: (2) A written and comprehensive report of the inspection by the official visitor shall be submitted to the Minister and copied to the Commissioner, Regional . Commanding Officer and the officer in charge of the prison visited.

Section 44Verify source

§ 45Section one hundred and thirty-two of the principal Act isSubstitution

Section 132 is amended so that one phrase is replaced with wording referring to a non-governmental organisation dealing with the welfare of prisoners.

45. Section one hundred and thirty-two of the principal Act is amended by the deletion of the words " prisoner's aid society " after the words " a representative of a "and the substitution therefor of the words " a non-governmental organisation dealing with the welfare of prisoners." Amendment of section 132 174 No. 16 of 2004) Prisons (Amendment) Amendment of section BSA

Section 45Verify source

§ 46Section one hundred and thirty-five A of the principal ActAmendment

This amendment adds a definition of “authorised officer” as any officer or person designated by the minister by statutory order.

46. Section one hundred and thirty-five A of the principal Act is amended by the insertion immediately after subsection (2) of the following new subsection: (3) ht this section " authorised officer" means any officer or person whom the minister may, by statutory order, designate as such. Amendment of section 136

Section 46Verify source

§ 47Section one hundred and thirty-six of the principal Act isSubstitution

Section 136 is amended by replacing “officer in charge” with “Regional Commanding Officer.”

47. Section one hundred and thirty-six of the principal Act is amended by the deletion of the words "officer in charge" after the word " Every" and the substitution therefor of the words "Regional Commanding Officer." ·:· Amendment of section 138

Section 47Verify source

§ 48Section one hundred and thir ty-eight of the principal ActSubstitution

This section amends section 138 of the principal Act by deleting a colon, replacing it with a full stop, and deleting the proviso to subsection (1).

48.- Section one hundred and thir ty-eight of the principal Act is amended- (a) by the deletion of the colon at the end of paragraph (d) and the substitution therefor ofa full stop; and (b) by the deletion of the proviso to subsection (1).

Section 48Verify source

Legislative relationships

11 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

another Act
Section 38

N–S

10 instruments

of section one This provision amends the principal Act
Section 39
of section one This section amends the principal Act
Section 33
of section seven Section 7 is repealed and replaced by substituted text. 7. The principal Act
Section 7
of section sixteen This provision repeals section 16 of the principal Act
Section 9
of section This section amends the principal Act
Section 11
of sections This provision amends the principal Act
Section 29
Police and Pr.ison Service Commission Regulations
Section 42
principal Act
Sections 4, 6, 10, 13, 18, 19, 22, 23, 30, 32, 36, 43, 48
section 11 nineteen of the principal Act
Section 12
sections 28 and 33 of the principal Act
Section 15

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