S.I. No. 320/1947 - Rules For The Government of Prisons, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 320.

RULES FOR THE GOVERNMENT OF PRISONS, 1947.

TABLE OF CONTENTS.

STATUTORY RULES AND ORDERS.

1947. No. 320.

RULES FOR THE GOVERNMENT OF PRISONS, 1947.

I. Gerald Boland, Minister for Justice, in exercise of the powers conferred by the Prisons (Ireland) Acts, 1826 to 1907, the Penal Servitude Act, 1891, the Prisons Act, 1898, and the Criminal Justice Administration Act, 1914 (as adapted by the General Prisons Board (Transfer of Functions) Order, 1928 ( S. R. & O. No. 79 of 1928 ), and in consequence of the enactment of the Constitution), and of every and any other power me in this behalf enabling, hereby make the following rules :—

PART I. PRELIMINARY.

1 Short title and interpretation

1. (1) These rules may be cited as the Rules for the Government of Prisons, 1947.

(2) In these Rules the expression "the Minister" means the Minister for Justice.

(3) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Rules.

PART II. GENERAL RULES FOR THE GOVERNMENT OF PRISONS.

1. APPLICATION OF PART II.

2 Application of general rules

2. The Rules in this Part apply to all prisons, but are subject to the special rules in Part III hereof as to particular classes of prisoners.

2. ACCOMMODATION.

3 Cells

3. A cell shall not be used for the separate confinement of a prisoner unless it is certified by the Minister to be of such a size, and to be lighted, warmed, ventilated, and fitted up in such a manner as may be requisite for health, and furnished with the means of enabling the prisoner to communicate at any time with an officer of the prison.

4 Occupation of separate cell

4. Each prisoner shall occupy a cell by himself by day and by night (except as otherwise directed). If, for medical reasons or in other special circumstances, it is necessary that prisoners be associated, not fewer than three prisoners may be located in one room, in which each shall be supplied with a separate bed.

5 Infirmary

5. A proper place for the reception of sick prisoners shall be provided.

6 Locks

6. The wards, cells, and yards where females are confined shall be secured by locks different from those securing the wards, cells, and yards allotted to male prisoners.

3. GENERAL TREATMENT.

I. Admission, Discharge, and Removal.

7 Searching

7. (1) Every prisoner shall be searched on admission and at such times subsequently as may be directed, and all prohibited articles shall be taken from him.

(2) The searching of a prisoner shall be conducted with due regard to decency and self-respect and in as seemly a manner as is consistent with the necessity of discovering any concealed article.

(3) No prisoner shall be stripped or searched in the presence of another prisoner.

8 Provision as to female prisoners

8. A female prisoner shall be searched by female officers. In other respects the same course shall be pursued in reference to the admission, removal, or discharge of a female prisoner as in the case of a male prisoner.

9 Medical examination on admission

9. Every prisoner shall, as soon as possible after his admission, 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.

10 Bath

10. Every prisoner shall take a bath on reception, unless it is otherwise directed in any particular case by the governor or medical officer.

11 Vermin or infectious, etc., disease

11. (1) If the medical officer finds that any prisoner on admission to or while in prison is suffering from an infectious or contagious disease he shall at once report the fact in writing to the Governor, and shall take the necessary steps for the prisoner's treatment and for the prevention of the spread of the disease to other prisoners.

(2) If a prisoner, on admission, is found to be in a verminous condition, the necessary steps shall be taken without delay to deal with such condition, the medical officer being consulted if necessary.

12 Record of measurements and other particulars

12. The name, age, height, weight, features, particular marks, general appearance, and such other measurements and particulars as may be required in regard to a prisoner shall, upon his admission, and from time to time, be recorded in such manner as may be directed.

13 Photographing of prisoner

13. Every prisoner may, if required for purposes of justice be photographed on reception and subsequently ; but no copy of the photograph shall be given to any person unless he is officially authorised to receive it.

14 Prisoner's property

14. All money and other effects brought into the prison by any prisoner, or sent to the prison for his use, which he is not allowed to retain, shall be placed in the custody of the governor, who shall keep an inventory of them.

15 Notification of Rules to prisoners

15. (1) The Governor shall cause an abstract, approved by the Minister, of the regulations relating to the treatment and conduct of prisoners, with a copy of the prison dietaries (printed in legible characters), to be posted in each cell, and shall read them or cause them to be read to every prisoner who cannot read within 24 hours after his admission.

(2) The Governor shall take an early opportunity of seeing all prisoners after their admission, and satisfying himself that they understand the rules and regulations to which they are required to conform, the privileges they may gain by industry and good conduct, and the consequences of idleness and misconduct.

16 Medical examination on removal or discharge

16. Every prisoner shall be examined by the medical officer before being removed to any other prison, or being discharged from prison. No prisoner shall be removed to any other prison unless the medical officer certifies that he is fit for removal ; and no prisoner labouring under any acute or dangerous illness shall be discharged from prison until, in the opinion of the medical officer, the discharge is safe, unless the prisoner refuses to remain in the prison.

17 Removal to or from prison

17. A prisoner shall be exposed to public view as little as possible while being removed from or to prison. In order to avoid exposure while passing through the public streets, he shall, if necessary, be conveyed in a closed vehicle.

18 Release of prisoner on payment of portion of line

18. No payment made by a prisoner in part satisfaction of the sum adjudged to be paid by him, in order to obtain the remission of part of his imprisonment, as provided by law, shall be made on Sunday, but may be made at any reasonable time on any weekday.

19 Application of gratuity on discharge

19. Any gratuity granted to a prisoner on his discharge may be paid through a Prisoners' Aid Society, or in such manner and under such conditions as the Minister may order for the purpose of preventing its being misapplied.

20 Children of female prisoners

20. The child of a female prisoner may be received into prison with its mother, provided it is at the breast. In all such cases an authority from the committing court for the child's admission shall accompany the prisoner on reception. Any child so admitted shall not be taken from its mother until the medical officer of the prison certifies that it is in a fit condition to be removed. When the child has attained the age of nine months the medical officer shall report whether it is desirable or necessary that it should be any longer retained, but except under special circumstances the child shall not be kept in prison after it has arrived at the age of twelve months. Any child so retained may be supplied with clothing at the public expense.

21 Removal of children from prison

21. Before the discharge of any infant child the Governor shall ascertain from the relations whether they are willing and in a position to receive it; in the event of their being unable to do so, he shall cause it to be sent to the County Home for the District in which the mother was apprehended, having previously communicated thereon with the County Home authorities.

II. Prohibited Articles.

22 Prohibited articles

22. (1) No prisoner shall have in his possession any unauthorised article.

(2) No person shall without authority convey or introduce into a prison or convey or throw out of a prison, or convey to any prisoner, or deposit with a view to its coming into the possession of any prisoner, any money, clothing, food, drink, tobacco, letter, paper, book, tool, or other article whatever. Anything so conveyed, deposited, or thrown without authority, may be retained by the Governor.

(3) If an officer, contrary to orders, brings in or carries out or endeavours to bring in or carry out, or knowingly allows to be brought in or carried out, to or from any prisoner, any money, clothing, provisions, tobacco, letters, papers or other articles whatsoever, he shall be forthwith suspended from his office by the Governor, who shall report the offence to the Minister.

23 Spirituous and fermented liquors

23. A prisoner shall not be allowed to receive any intoxicating liquor except under a written order from the medical officer to be entered in his journal specifying the quantity and description and the name of the prisoner for whose use it is intended or in pursuance of special rules. Any stock of such liquors kept in the prison for medical use shall be under the sole control of the medical officer.

24 Smoking of tobacco

24. No prisoner shall be allowed to smoke or to have in his possession any tobacco except in accordance with such instructions as may be given by the Governor with the approval of the Minister.

III. Food, Clothing and Bedding.

25 Food

25. All prisoners shall be supplied with a sufficient quantity of plain and wholesome food in accordance with such dietary tables as may from time to time be approved by the Minister.

26 Complaints as to diet

26. A prisoner who has any complaint to make regarding the diet furnished to him, or who wishes his diet to be weighed or measured for the purpose of ascertaining whether he is supplied with the proper quantity, must make his request as soon as possible after the diet is handed to him, and it will be weighed or measured in his presence, and in that of the officer deputed for that purpose. Repeated complaints of a groundless nature made by any prisoner under colour of this rule, with the evident purpose of giving annoyance or trouble, shall be treated as a breach of prison discipline and the offender will be liable to punishment accordingly.

27 Alterations in food

27. The diet of any individual prisoner, not being a patient in the infirmary, may be increased or altered, or in the case of any prisoner who persistently wastes his food, may be reduced, on the written recommendation of the medical officer. Any special recommendation that a prisoner, not being under medical treatment in the infirmary, shall have additional food, shall be entered by the medical officer in a book which shall be submitted to the Governor.

28 Quality of provisions

28. The Governor shall consult the medical officer respecting the quality of the provisions furnished to the prisoners.

29 Restrictions as to food, clothing, &c

29. A prisoner shall not receive any food, clothing, bedding, or necessaries other than the prison allowance, except by special permission.

30 Prison dress

30. (1) A prisoner sentenced to a term of imprisonment not exceeding two years may, at the discretion of the Governor, be permitted to wear his own clothes.

(2) Every prisoner not wearing his own clothes, as allowed by the prevailing clause, shall wear such clothing as shall be provided for him pursuant to the Minister's directions.

(3) When a prisoner is allowed to wear his own clothing, the Medical Officer may order that the clothing be disinfected, and during the progress of disinfection the prisoner will be required to wear the clothing referred to in the preceding clause.

31 Return of prisoners' clothes on discharge

31. On the discharge of a prisoner, his own clothes shall bereturned to him unless it has been found necessary to destroy them, in which case he shall be provided with suitable clothing.

32 Clothing of prisoners sentenced to penal servitude

32. Clothing which is not to be kept until his discharge for a prisoner serving a sentence of more than two years may be given on his written authority to his friends, or if he so signifies in writing, may be sold and the amount realised placed to his credit, and in such case he shall be provided with suitable clothing on discharge.

33 Clothing and Bedding

33. Every prisoner shall be supplied with sufficient bedding, and such additional clothing and bedding may be issued during severe weather, or, in special cases, as the medical officer may deem requisite. A prisoner shall not, in any circumstance be required to sleep without a mattress.

IV. Cleanliness.

34 Rules as to cleanliness

34. (1) A prisoner shall keep himself clean and decent in his person and dress, and conform to such regulations as may be laid down for that purpose.

(2) The hair of a female prisoner shall not be cut without her consent, except on account of vermin or dirt, or when the medical officer deems it requisite on the ground of health, and the hair of a male prisoner shall not be cut closer than may be necessary for purposes of health and cleanliness.

(3) Every prisoner shall obey such regulations as regards washing, bathing, and hair cutting, as may be from time to time prescribed with a view to the maintenance of health and cleanliness.

(4) A prisoner shall not be stripped or bathed in the presence of any other prisoner.

35 Cell, Utensils, Bedding, etc

35. Each prisoner shall keep his cell, utensils, books and other articles issued for his use, and his clothing and bedding, clean and neatly arranged, and shall clean and sweep the yards, passages, and other parts of the prison as may be directed.

V. Classification.

36 Classification of prisoners

36. All convicted prisoners, except offenders of the, First and Second Divisions, may be classified as follows :—

(a) Star Class, or in the case of prisoners under sentence of Penal Servitude, Select Division, to consist of prisoners who have not been previously convicted of serious crime, or who are not habitually criminal or of corrupt habits.

(b) Ordinary Class, or in the case of prisoners under sentence of Penal Servitude, Ordinary Division, to consist of prisoners who have been previously convicted of serious crime, or who are habitual criminals or of corrupt habits.

37 Privileges and Gratuities

37. (1) There shall be established a progressive, system of privileges and every prisoner shall have the opportunity of benefiting by it.

(2) Prisoners whose conduct and industry are good may be paid gratuities at rates prescribed by the Minister with the approval of the Minister for Finance.

38 Remission of sentence

38. (1) A convicted prisoner sentenced to imprisonment, whether by one sentence or cumulative sentences, for a period exceeding one calendar month, shall be eligible, by industry and good conduct, to earn a remission of a portion of his imprisonment, not exceeding one-fourth of the whole sentence, provided that the remission so granted does not result in the prisoner being discharged before he has served one month.

(2) A male prisoner sentenced to penal servitude shall be eligible by special industry and good conduct to earn remission of a portion of his sentence not exceeding one-fourth of the whole sentence.

(3) A female prisoner sentenced to penal servitude shall be eligible, by special industry and good conduct, to earn a remission of a portion of her sentence not exceeding one-third of the whole sentence.

39 Amelioration of conditions of imprisonment

39. In the case of any prisoner sentenced to imprisonment whose previous character is good, and who has been committed to prison for an offence not involving dishonesty, cruelty, indecency, or serious violence, the Minister may allow such amelioration of the conditions prescribed in these rules as has may approve, but no such amelioration shall be greater than that granted under the rules for offenders of the First Division.

40 Privileges for prisoners sentenced to long terms of penal servitude

40. Every prisoner undergoing a sentence of penal servitude in excess of ten years may, as soon as he has served seven and one half years, be permitted by the Minister to receive such privileges as may from time to time be approved, regard being had to his general character and antecedents and his conduct and industry in prison. A prisoner who abuses any such privilege or who behaves badly will be liable to be deprived of the privilege in addition to any punishment awarded him under these rules.

VI. Employment.

41 Restrictions on employment of prisoners.

41. A prisoner may be employed in the service of the prison, but shall not be employed in the discipline thereof, or in the service of any officer or servant thereof, or in the service or education of any other prisoner.

42 Employment of prisoners

42. (1) Every convicted prisoner unless excused by the medical officer on medical ground, shall from the beginning of his sentence be required to work during such number of hours, not more than ten or less than six (exclusive of meals), in each day as may be prescribed and shall be liable to punishment for neglect of work. He shall be employed in some useful industry if practicable, and may, if necessary, be required to work in association, and he shall be eligible for such privileges as can be gained by industry with good conduct.

(2) No prisoner shall be required to perform any class of work unless certified by the medical officer as fit for such work.

43 All labour if possible to be productive and Visiting Committee to be consulted

43. (1) The labour of all prisoners shall, if possible, be productive, and the trades and industries taught and carried on shall, if practicable, be such as may fit the prisoner to earn his livelihood on release.

(2) In the employment of prisoners, regard shall be had to any advice or suggestions that the Visiting Committee may think fit to offer on the subject.

44 Employment on Sundays, &c

44. A prisoner shall not be employed at unnecessary work on Sundays, Christmas Day, Good Friday, 1st and 6th January, 17th March, Ascension Day, the first Thursday after Trinity Sunday, 29th June, 15th August, 1st November, 8th December, and days appointed for a general fast or thanksgiving. A prisoner who is not a member of the Christian faith shall not be required to work on the recognised days of religious observance of the religion to which he belongs.

45 Medical examination of hard labour prisoners

45. The medical officer shall from time to time examine all prisoners employed at prison labour during the time of their being so employed, and shall enter in his journal the name of any prisoner whose health he thinks to be endangered by a continuance at labour, and thereupon that prisoner shall not again be employed at such labour until the medical officer certifies that he is fit for such employment.

VII. Health.

46 Exercise and drill

46. (1) A prisoner, when employed at indoor work, shall, when practicable, take walking exercises daily in the openair for one hour, or for any longer period which the medical officer may deem necessary for his health, having regard to the nature of the work and the state of health of any particular prisoner. Means shall be provided, if possible, for exercise to take place, in wet weather, under cover.

(2) A prisoner may be exercised at physical drill unless the medical officer considers him unfit for such exercise.

47 VIII. Religious Instruction.

47. Adequate provision shall be made for religious ministration to all prisoners.

48 Religion of prisoners

48. Every prisoner shall be required on reception to state his religious denomination, which will be entered in the Register of Prisoners. He shall be required to attend the services of that denomination whenever performed unless and until the Minister is satisfied that the prisoner has good grounds for desiring that the registration of his religious denomination should be altered. A prisoner may be allowed by the Governor to be absent from any religious service for sufficient reason.

49 Absentees from Religions Service

49. The Governor shall deliver or cause to be delivered to chaplains lists of prisoners of their denomination absent from religious service, with a statement of the causes of their absence.

50 Prisoners to attend their own Service only

50. No prisoner shall be compelled to attend any religious service held or performed, or any religious instruction given, by the chaplain, clergyman, or religious instructor of a Church or persuasion to which the prisoner does not belong.

51 Visits by ministers of particular denominations

51. If any prisoner who is of a religious persuasion for which there is no prison chaplain so requests, the Governor shall permit a clergyman or religious instructor of that persuasion to visit him at proper and reasonable times, under regulations approved by the Minister. The Governor shall cause such prisoners to be made acquainted with this privilege on their admission.

52 Religious Books

52. No books or printed papers intended for the religious instruction of prisoners shall be admitted but those chosen by the chaplain of the persuasion to which the prisoner belongs; provided that, in case there may be a difference of opinion between the chaplain and the Minister with respect to books or papers proposed to be admitted for the religious instruction of a prisoner, reference shall be had to his bishop or constituted ecclesiastical authority, whose decision shall be final; and, subject to such permission of the Minister as aforesaid, all books or printed papers admitted into any prison for the religiousinstruction of prisoners belonging to any other persuasion, and who are visited by a clergyman of such persuasion, shall be approved by such clergyman.

53 Issue of Bibles, &c

53. Each prisoner shall be furnished with a Bible and Prayer Book approved by the chaplain or visiting clergyman of the denomination to which he belongs.

IX. Secular Instruction.

54 Provisions for instruction

54.(1) Provision shall be made in every prison for the instruction of prisoners in reading, writing, and arithmetic, during such hours and to such extent as may be appointed.

(2) Every prisoner eligible for instruction shall be kept from labour and shall attend instruction for not less than four hours in each week.

55 Penalties for failure to profit by instruction

55. Prisoners who do not do their best to profit by the instruction afforded them may be deprived of any privileges in the same way as if they had been idle or negligent at labour.

56 Library books and books of instruction

56.(1) A library shall be provided in each prison, consisting of books sanctioned by the Minister, and no books other than those supplied to the prison library shall be permitted for the use of prisoners, except in pursuance of special authority.

(2) A prisoner shall, in addition to the usual books of instruction, secular and religious, be allowed other library books, and the frequent exchange of such books shall be allowed according to his conduct and industry.

57 Books and printed papers

57. Except as provided by special rules, no books of printed papers shall be admitted into any prison for the use of the prisoners except by permission of the Minister.

58 Catalogue

58. The Governor shall keep a catalogue of all books and printed papers admitted into the prison.

X. Visits and Communications.

59 General provisions as to visits and letters from friends, legal advisers, &c

59. (1) Communications between prisoners and their relatives and respectable friends by visits and letters will be allowed in accordance with the following rules, subject to restrictions imposed for the maintenance of discipline and order in the prison.

(2) A prisoner will not be allowed to communicate with his friends when not entitled to do so by the rules, except by special permission; but, under urgent or pressing circumstances not admitting of delay, the Governor may grant permission, which he shall record in his journal.

(3) A prisoner on conviction may be allowed to communicate at any reasonable time with his legal adviser and be visited by him for the purpose of entering or prosecuting an appeal against his conviction or sentence. For the purposes of this and any special rule "legal adviser" means the prisoner's counsel or solicitor or the authorised clerk of such counsel or solicitor.

(4) A prisoner on conviction may immediately on reception into prison under sentence, be allowed a visit from his relations or respectable friends or to communicate with them by letter if, in the opinion of the Governor, such a course is necessary. Afterwards he shall be allowed to communicate with his relatives and respectable friends by letter and to be visited by them in the prison at such times as may be prescribed by the Minister. Not more than three persons shall be admitted to visit a prisoner at one time. No other person shall be allowed to communicate with a prisoner except by special authority. These privileges may be forfeited at any time for misconduct or breach of regulations of the prison.

(5) In addition to the above privileges, the Governor may allow any prisoner, entitled to write a letter, to receive a visit in lieu thereof; and may allow any prisoner entitled to a visit to write a letter and receive a reply in lieu of such visit, should his friends be unable to visit him; and also may allow any prisoner to write a special letter and to receive a reply under any of the following circumstances :—

(a) The death or dangerous illness of a near relative.

(b) To give instructions as to his business or family affairs of an urgent nature.

(c) To make arrangements for obtaining employment or assistance from friends on release.

(6) The Governor may at any time communicate to a prisoner or to his friends, any matter of importance to such prisoner, in case he should not be entitled to write or receive a letter.

(7) A barrister or solicitor conducting any legal proceedings, civil or criminal, in which a prisoner is a party, or bona-fide acting as a legal adviser to the prisoner in any legal business, shall be allowed to see the prisoner with reference to such business, in the sight but not in the hearing of an officer.

(8) Male prisoners shall be visited in the presence of a male officer; female prisoners in the presence of a female officer.

(9) No person shall be allowed to visit a prisoner on a Sunday, except in cases of emergency.

(10) When a prisoner is eligible to receive a visit the Governor shall, at the prisoner's request, notify such friends of the prisoner as the prisoner may desire to visit him.

(11) Visitors to a prisoner shall be admitted only to the place appropriated for the purpose, except in special cases under the authority of the Minister, and in the case of a prisoner reported by the medical officer to be seriously ill, who may be visited elsewhere by any near relative or friend or by a written order of the Governor.

60 Powers of governor as to visitors

60.(1) The Governor may demand the name and address of any visitor to a prisoner; and when he has ground for suspicion may search or cause to be searched male visitors, and may direct a female officer to search female visitors, the search not to be in the presence of any prisoner or of another visitor; and, in case of any visitor refusing to be searched, the Governor may deny him or her admission. The Governor shall enter in his journal the grounds of any such proceedings, with the particulars thereof.

(2) If there are reasonable grounds for suspecting that any person who comes to the prison for the purpose of seeing a prisoner brings in or takes out any articles for an improper purpose, or contrary to the prison rules, or that his conduct may tend to subvert the discipline or good order necessary to be maintained in the prison, the Governor may suspend his visit and remove him from the prison, duly recording the fact in his journal, and reporting it to the Minister.

61 Notice re prohibited articles

61. A copy of the rule regarding the introduction of prohibited articles shall be exhibited in the place set apart for visits and before the prisoner is introduced the attention of the visitor shall be called thereto.

62 Visits by officers of police

62. A member of the Gárda Síochána may visit prisoners for the purpose of identification on production of a Court order or the authority in writing of an officer of the Gárda Síochána not below the rank of Superintendent. If so authorised by such officer he may also, with the approval of the Minister, visit on matters connected with police duties, any prisoner who is willing to see him, the visit to be in the sight and hearing of a prison officer.

63 Prisoner's letters

63. Every letter to or from a prisoner shall be read by the Governor, or other responsible officer deputed by the Governor, and initialed by him; and if the contents are objectionable, it shall not be forwarded, or the objectionable part shall be erased, according to discretion. The Governor shall use his discretion in communicating to or withholding from a prisoner at any time the contents of any letter addressed to the prisoner, but shall note in his journal every case in which he thinks it proper to withhold a letter which, according to the rules, might be communicated to or written by a prisoner.

64 Communication by prisoners committed in default of payment of money

64. Any person committed to prison in default of the payment of any sum which in pursuance of any conviction or order he is required to pay, shall be allowed to communicate by letter with and to see any of his friends, at any reasonable time, for the bona-fide purpose of providing for such payment.

65 Intercourse between prisoners

65. Prisoners may be permitted to communicate with one another while at work or recreation if such intercourse is conducted in an orderly manner and does not impede the work on which prisoners are engaged. This privilege may be withdrawn by the Governor should he consider it necessary to do so in the interest of good order in the prison.

XI. Offences and Punishments.

66 Persons authorised to award punishments

66.(1) No punishment or privation of any kind shall be awarded to a prisoner by any officer of the prison except the Governor, or, in his absence, the officer appointed to act for him.

(2) Particulars of all punishments awarded by either the Governor or the Visiting Committee, showing the nature of the offence, the name of the offender, the date of the offence, and the amount of punishment inflicted, shall be immediately reported to the Minister and shall also be recorded in the punishment book.

67 Opportunities for defence

67. Before a report of misconduct against a prisoner is dealt with, he shall be informed of the precise nature of the offence for which he has been reported and shall not be punished until he has had an opportunity of hearing the evidence against him and of being heard in his defence.

68 Offences against prison discipline and powers of governor in respect thereof

68.(1) A prisoner shall be guilty of a breach of prison discipline if he—

(1) Disobeys any order of the Governor or of any other officer or any prison regulation.

(2) Treats with disrespect any officer or servant of the prison or any visitor, or any person employed in connection with the prison.

(3) Is idle, careless, or negligent at work, or refuses to work.

(4) Is absent without leave from divine service, or prayers, or school instruction.

(5) Behaves irreverently at divine service or prayers.

(6) Swears, curses, or uses any abusive, insolent, threatening, or other improper language.

(7) Is indecent in language, act, or gesture.

(8) Commits a common assault upon another prisoner or any other person.

(9) Converses or holds intercourse with another prisoner without authority.

(10) Sings, whistles, or makes any unnecessary noise, or gives any unnecessary trouble.

(11) Leaves his cell or other appointed location, or his place of work, without permission.

(12) In any way disfigures or damages any part of the prison, or any article to which he may have access.

(13) Commits any nuisance.

(14) Has in his cell or possession any unauthorised article, or attempts to obtain such article.

(15) Gives to or receives from any person any unauthorised article whatever.

(16) In any other way offends against good order and discipline.

(17) Attempts to do any of the foregoing things.

(2) The Governor may examine any person touching any alleged breach of prison discipline, and determine thereupon and punish the offence.

69 Punishments which may be imposed by governor

69. (1) For any breach of prison discipline with which the Governor is competent to deal, he may order a prisoner to be punished by any one or more of the following :—

(a) Close confinement for any period not exceeding three days.

(b) D¹ diet for ill-conducted and idle prisoners for a period not exceeding three days ; D² diet for ill-conducted and idle prisoners for a period not exceeding 14 days.

(c) Forfeiture of remission of sentence for a period not exceeding 14 days.

(d) Suspension of any privileges for a period not exceeding two months.

(2) In addition or in lieu of the punishments referred to in paragraph (1) of this rule, the Governor, in the case of a prisoner under sentence of penal servitude, may order that he be punished by one or both of the following :—

(a) Separate confinement at labour for a period not exceeding 28 days of which period any period of close confinement awarded at the same time shall form part.

(b) Suspension of any privilege for a period not exceeding three months.

70 Medical Certificates

70. Dietary punishment shall not be inflicted on any prisoner nor shall he be placed in close confinement, unless the medical officer has certified that the prisoner is in a fit condition of health to undergo the punishment.

71 Special inquiries by order of the Minister, and punishments which may be imposed

71. Where a prisoner is reported to the Minister for an alleged breach of prison discipline, the Minister, having caused an inquiry to be held in the matter, may, if satisfied that the allegation is well-founded, order him to be punished by one or more of the following :—

(a) Close confinement for a period not exceeding 14 days.

(b) D¹ diet for ill-conducted and idle prisoners for a period not exceeding 15 days, with intervals as laid down in the rules for prison dietaries.

(c) D² diet for ill-conducted and idle prisoners for a period not exceeding 42 days, with intervals as laid down in the rules for prison dietaries.

(d) Forfeiture of remission of sentence for a period not exceeding 28 days.

(e) Suspension of any privilege for a period not exceeding six months.

and, in the case of a breach of prison discipline involving mutiny or incitement to mutiny, gross personal violence to any officer or servant of the prison, or any other act of serious misconduct or insubordination requiring to be suppressed by extraordinary means, he may, in addition to or in lieu of any of those punishments, order him to be punished by one or both of the following—

(i) Close confinement for a period not exceeding 28 days,

(ii) Separate confinement for a period not exceeding nine months.

XII. Corporal Punishment—carrying out of Court Order.

72 Carrying out of order of corporal punishment

72. (1) Corporal punishment shall not be inflicted on any prisoner save in pursuance of a Court Order.

(2) All corporal punishment shall be attended by the Governor and Medical Officer.

(3) The medical officer shall, immediately before the punishment is inflicted, examine the prisoner and satisfy himself that he is in a fit condition of health to undergo the punishment, and shall make such recommendations for preventing injury to the prisoner's health as he may deem necessary and the Governor shall carry such recommendation into account,

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

73 Recording of infliction of corporal punishment

73. The Governor shall enter in his journal the hour at which the punishment was inflicted, the number of strokes or lashes given and any order which he or the medical officer may have given on the occasion.

XIII. Restraints.

74 Prohibition of restraint as a punishment

74. No prisoner shall be put in irons or under mechanical restraint as a punishment.

75 Use of mechanical restraint

75. No prisoner shall be put in irons or under mechanical restraint by the Governor except in case of urgent necessity, and when necessary for the purposes of restraint, and the particulars of every such case shall be forthwith entered in the governor's journal, and notice forthwith given thereof to one of the Visiting Committee, and reported to the Minister.

76 Duration of and recording of restraint

76. No prisoner shall be kept in irons or under mechanical restraint for more than 24 hours without an order in writing from a member of the Visiting Committee specifying the cause therof, and the time during which the prisoner is to be kept in irons or under mechanical restraint, which order shall be preserved by the governor as his warrant.

77 Forms of restraint

77. Irons or other means of restraint shall not be used except of such patterns and in such manner as may be approved by the Minister.

78 Confinement in padded cells

78. The Governor may order any refractory or violent prisoner or prisoner of suicidal tendencies to be temporarily confined in a special padded cell, but a prisoner shall not be confined in such a cell as a punishment nor for a longer period than is absolutely necessary. A report regarding such confinement shall in every case be submitted to the Minister.

XIV. Prisoners Under Sentence of Death.

79 Rules as to prisoner under sentence of death

79. Every prisoner under warrant or order for execution shall, immediately on his arrival in the prison after sentence, be searched by or by the order of the Governor, and all articles shall be taken from him which the Governor deems dangerous or inexpedient toleave in his possession. He shall be confined in a cell apart from all other prisoners, and shall be placed by day and by night under the constant charge of two officers. He shall be allowed such a dietary and amount of exercise as the Governor, with the approval of the Minister, may direct. The chaplain shall have free access to every such prisoner of his own religious persuasion, and free access shall be allowed to any clergyman whom such prisoner desires to see. With the above exceptions, no person, not being a member of the Visiting Committee or an officer of the prison, shall have access to the prisoner except in pursuance of an order under rule 81 hereof.

80 Exclusion of strangers from prison before and during execution

80. During the preparation for an execution and the time of the execution no person shall enter the prison unless legally entitled to do so.

81 Visits and conferences

81. (1) A prisoner under sentence of death may be visited by such of his relations, friends and legal advisers as he desires to see, and are authorised to visit him by an order in writing from the Minister or a member of the Visiting Committee.

(2) If any person makes it appear that he has important business to transact with a prisoner under sentence of death, the Minister or a member of the Visiting Committee may grant permission in writing to that person to have a conference with the prisoner.

4. STAFF.

I. Prison Officers.

82 Tenure of office, &c

82. (1) Every officer of a prison shall hold his office during the pleasure of the Government.

(2) Every officer whose appointment has been confirmed shall give a month's notice before leaving the service. Every such officer who is not entitled either to pension or gratuity, and who is not dismissed, shall be entitled to receive one months' notice of discharge.

(3) Every appointment of an officer of a prison, except those of chaplain and medical officer, shall be for general prison service.

83 Definition of subordinate officers

83. All officers of a prison shall, for the purposes of these rules, be deemed to be subordinate officers with the exception of the Governor, the chaplains, the medical officer and the female superintendent.

84 Officers' quarters

84. (1) Every officer shall occupy such quarters as may be assigned to him.

(2) If an officer is discharged or dismissed, or resigns, he shall immediately give up the quarters he has occupied. Any officer who occupies quarters shall at any time vacate them if required to do so. On the death of an officer, his family shall give up the quarters when required to do so.

(3) An officer occupying Government quarters shall not keep a shop or a school or let lodging therein, nor shall any subordinate officer permit any person not being a regular member of his family to remain for the night in his quarters without the permission of the Governor, which permission the Governor shall record in his journal.

85 Visitors to subordinate officers

85. A subordinate officer shall not receive any visitors within the prison without permission of the Governor.

86 Absence

86. (1) An officer occupying quarters in the prison shall not be absent from the prison after the hour of lock-up without leave from the Governor, or officer acting for him.

(2) An officer if prevented from attending to his duties by illness shall communicate the circumstances without delay to the Governor, or officer acting for him.

(3) An officer shall not be absent from duty without leave, and such leave may, subject to the rules and regulations of the prison, be granted at the governor's discretion, but only when provision can be made for the performance of the officer's duties in his absence.

87 Uniform, &c., cleanliness

87. All subordinate officers shall pay strict attention to cleanliness of person and dress, and shall at all times when on duty unless at the special direction of the Governor, wear a uniform of such description and materials as the Minister may direct.

88 Obligation to obey directions and keeping of journal

88. All officers of the prison shall obey the directions of the Governor, subject to the prison rules, and all subordinate officers shall perform such duties as may be directed by the Governor with the sanction of the Minister, and the duties performed daily by each subordinate officer shall be inserted in a book to be kept by him.

89 Duties as to rules and orders

89. An officer will be held responsible for being fully acquainted with the rules and orders relating to his duties. He shall strictly conform to and obey the orders of the Governor in every respect, and shall assist him in maintaining order and discipline among the prisoners.

90 Debt, & c

90. Serious pecuniary embarrassment will be regarded as impairing the efficiency of an officer, and such embarrassment, if occasioned by imprudence or other reprehensible cause, will be held to be an offence affecting the trustworthiness of the officerand the good repute of the service, and the officer embarrassed may forfeit his claim to promotion or be subjected to such disciplinary action as may be deemed appropriate by the Minister.

91 Borrowing money, &c

91. An officer is forbidden to borrow money from his subordinate or junior in rank, or to lend money to his superior officer or to become security for any fellow officer in raising a loan.

92 Bankruptcy

92. An officer against whom proceedings may be taken with a view to bankruptcy, or who becomes a bankrupt, shall at once report the fact to the Governor, who shall report it through the proper channel to the Minister.

93 Communication as to prisoners or prison matters forbidden

93. (1) An officer shall not make any unauthorised communication concerning the prison or prisoners to any person whatever, and shall not without authority communicate to the public press information derived from official sources or connected with his duties or the prison, and any such communication by an officer without authority will be regarded as a breach of confidence, and will render him liable to dismissal.

(2) An officer shall not publish a book on matters relating to the prison department without the sanction of the Minister.

94 Tobacco and spirituous liquors

94. An officer shall not use tobacco or intoxicating liquor within the prison except under such restrictions as to time and place as may be laid down by the Governor, and approved by the Minister.

95 Contracts

95. An officer shall not directly or indirectly have any interest in any contract for the supply of the prison ; nor shall he receive, directly or indirectly, under any pretence whatsoever, any fee or gratuity or present from any contractor, or person tendering any contract with the establishment, or from any person whatever in relation to anything connected with the service of any prison.

96 Purchasers from contractor

96. An officer may, if the terms of the contract permit it, purchase from any contractor provisions for the use of himself and his family at the contract rates.

97 Gratuities

97. No officer of a prison shall at any time receive any money, fee, 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.

98 Gatekeeper

98. The officer acting as gate-keeper shall examine all articles carried into or out of the prison, and may stop any person suspected of bringing intoxicating drink or other prohibited articles into the prison, or of carrying out any property belonging to the prison, giving immediate notice thereof to the Governor.

99 Good order and discipline

99. If an officer or servant employed in the prison service is guilty of any act, conduct, disorder, or neglect to the prejudice of good order or discipline he shall be liable to dismissal or such disciplinary action as the Minister may direct.

100 Fines for neglect of duty, &c

100. An officer who is guilty of misconduct or neglect or violation of duty may be fined in such sum as may be approved by the Minister, and the fines shall be applied as may be directed by him.

101 Officer under suspension

101. (1) An officer who is suspended from duty for misconduct shall immediately give up his keys. He shall attend such parades in the prison as the Governor may direct, and obey such orders as may be given him by the Governor.

(2) An officer who is suspended from duty shall not receive any pay for the time during which he is suspended unless the Minister shall direct payment to be made.

102 Appeal against decision

102. An officer desiring to appeal against any decision which affects him, or wishing to bring any matter before superior authority, shall without unnecessary delay state his complaint in writing to the Governor, for the consideration of the Minister.

103 Provisions as to female prisoners

103. Female prisoners shall in all cases be attended by female officers. A male officer shall not enter a prison or division of a prison appropriated to female prisoners except on duty, nor unless accompanied by a female officer.

104 Duties as to supervision and custody

104. (1) Officers shall at all times carefully watch the prisoners in their various movements and employments, shall give the necessary directions thereon, and shall use the utmost alacrity and vigilance to promote industry, and to maintain order among them, and to prevent the escape of any prisoner.

(2) Officers shall carefully observe the character, habits and industry of the prisoners under their charge, and shall carefully and impartially keep such records as may be ordered, and shall afford at all times to their superiors unreserved information on such subjects.

(3) A subordinate officer shall frequently examine the state of the cells, bedding, locks, bolts and other equipment, and shall seize all prohibited articles, and deliver them to the Governor forthwith.

(4) Officers shall not take any keys of the prison outside the gate or leave them lying about or lend them to another officer on any pretence whatever, but shall when leaving the prison or coming off duty on any occasion deliver their keys to such officers as may be authorised to receive them.

105 Control of and numbering of prisoners

105. (1) On all occasions, the officer who receives charge of a party of prisoners shall count the number of prisoners therein, and repeat the number aloud to the officer from whom he receives them, after which the officer in charge shall be held responsible for their safe custody and regular conduct, and especially that they do not straggle or hold unauthorised communication with each other, or with any unauthorised person, or in any way get possession of prohibited articles.

(2) An officer on being relieved from any particular duty, or transferred to some other duty, shall point out to the officer who relieves or succeeds him all matters of special importance connected with the duty, and explain to that officer any directions of the Governor, or other superior officer, affecting any particular prisoner.

106 Sanitary condition of prison

106. Every officer shall forthwith report any defect in the washing-places, baths, or other provision for purposes of cleanliness or sanitation, as well as any defect or insufficiency in any of the buildings or walls, which may affect the safe custody of prisoners or the maintenance of discipline and order among them.

107 Duties as to employment of prisoners

107. An officer shall not allow any prisoner under his charge to be employed, directly or indirectly, for the private benefit or advantage of any person, or in way not in conformity to the prison rules.

108 Duties as to prisoners out of health

108. It is the duty of every officer to direct the attention of the Governor to any prisoner who appears to be out of health, although he does not complain, or whose state of mind appears to be deserving of special notice and care, in order that the opinion and instructions of the medical officer may be taken on the case.

109 Complaints and requests of prisoners

109. An officer shall without delay inform the Governor of any prisoner who desires to see him, or to make any complaint or to prefer any request to him or to any superior authority.

110 Rules as to striking prisoners or using force or inflicting punishment

110. (1) An officer shall not strike a prisoner unless compelled to do so in self-defence.

(2) In any case in which the application of force to a prisoner is needful, no more force than is necessary shall be used.

(3) An officer shall not inflict any punishment or privation of any kind upon any prisoner unless ordered by the Governor.

111 Duties as to reporting misconduct

111. An officer shall make an immediate report to the Governor, or other superior officer, of any misconduct, abuse, impropriety, or wilful disobedience of orders.

112 Dealings with prisoners

112. An officer shall not have any pecuniary or other dealing whatsoever with or on behalf of any prisoner, or employ any prisoner on his private account.

113 Prohibition of sale to prisoners

113. An officer of a prison shall not sell or let, nor allow to be sold or let, nor be interested in the selling or letting of, any article to any prisoner.

114 Familiarity with prisoners or intercourse with their friends forbidden

114. (1) An officer shall not allow any familiarity on the part of a prisoner towards himself or any other officer or servant of the prison ; nor shall he on any account speak of his duties, or of any matters of discipline or prison arrangement, within the hearing of a prisoner.

(2) An officer shall not speak to a prisoner unnecessarily, nor shall he, by word, gesture, or demeanour, do anything which may tend to irritate any prisoner.

(3) An officer shall not correspond with or hold any intercourse with the friends or relatives of any prisoner, unless expressly authorised by the Governor.

(4) An officer shall not correspond with or hold any intercourse with persons who have been discharged from prison, or with their friends or relatives regarding them, unless for some proper reason and when authorised by the Governor.

II. Governor.

115 Absence from prison

115. (1) The Governor shall not, without permission in writing from the Minister, be absent from the prison for a night, except from unavoidable necessity. If from unavoidable necessity he is absent for a night, and has not been able to obtain leave for such absence, he shall at once inform the Minister of the fact and the cause of it, and shall record it in his journal. He shall also enter his leave of absence, with the authority for it, in his journal. Before leaving the prison at any time he shall give over the charge of it to the deputy governor or to the officer acting in his place.

(2) When the Governor is absent from the prison the deputy governor or other chief officer shall perform all his duties, and on such occasions the deputy governor or other chief officer shall be competent to perform any duty required to be performed by the Governor.

(3) If under any circumstances the Governor and deputy governor are both absent, the charge of the prison shall devolve on the chief warder or senior qualified officer, to whom it shall be regularly delivered over, but the omission of such delivery shallnot justify the chief warder or senior qualified officer in neglecting the charge if he is aware that the Governor and deputy governor are actually absent from the prison.

116 Duties as to books and records

116. (1) The Governor shall keep and be responsible for such books and records as may from time to time be prescribed.

(2) The Governor shall enter in a book, called the " governor's order book," all his orders relative to the management and discipline of the prison, and shall cause such orders to be communicated to the proper officers.

(3) The Governor shall keep a journal written with his own hand and record in it every occurrence of importance or of an unusual nature with the hour thereof. The entry shall be made within 12 hours of the occurrence.

(4) In the Governor's absence the books, records, and journal shall be kept by the officer acting in his place.

117 Omission of any duty to be recorded in journal

117. If the Governor omits to perform any duty or routine prescribed, he shall record the omission in his journal, with the cause thereof.

118 Duties as to prevention of fire

118. The Governor shall take care that proper precautions against fire are adopted, and that the appliances for the extinction of fire are at all times kept in good order and ready for use. He shall take care that instructions are given as to the steps to be taken in case of fire, and that the officers concerned are acquainted with their duties on such occasions.

119 Admission of persons to the prison

119. (1) The Governor shall not allow any person other than the Chief Justice, a Judge of the Supreme or High Court, a Minister of State or the Bishops of the diocese to view the prison except as provided by statute, or by an order from the Minister, or unless authorised according to instructions which may be issued by him, and shall be careful that no visitor holds any communication with any prisoner unless duly authorised to do so.

(2) The Governor shall not allow any person, except the authorised officers, to pass into or out of the prison between the hours at which the gates are locked for the night and the hour appointed for opening the prison on the following morning, except in some special case, which latter shall be entered in his journal.

(3) The Governor may examine all persons going into or out of the prison and may exclude any person who refuses to be examined.

(4) The Governor may remove from the prison any visitor to the prison or to a prisoner whose conduct is improper, recording the fact in his journal,

120 Searching of Prison employees

120. (1) Whenever the Governor of any prison suspects that any statute, rule or by-law for the time being in force in relation to such prison is being or has been or is about to be contravened he may search or cause to be searched any person employed in such prison and any vehicle in such prison or the vicinity thereof, and any box, parcel or other package contained in such vehicle, and may for the purpose of any such search, use or cause to be used such force as he shall consider to be necessary.

(2) No female shall be searched otherwise than by another female.

121 Duties as to communicating with the Minister, &c

121. (1) The Governor shall freely and confidentially communicate with the Minister on all matters relating to the prison, appraising him of any occurrence of importance ; and, in case of any emergency not sufficiently provided for in the rules, he shall apply to him, and conform to his orders ; acting, if necessary in the meantime, to the best of his own judgment, according to the circumstances of the case.

(2) The Governor may at any time offer any suggestion for the improvement or for the advantage of the service, and need not reserve it for his annual report.

(3) All submissions from prison officers to a higher authority shall be addressed to and transmitted through the Governor of the prison.

122 Annual report

122. The Governor shall submit to the Minister, as soon as possible after the 31st December in each year, a report in writing specifying, with reference to the year ended on that date, the conduct of the subordinate officers ; the number of prisoners admitted to his custody, and their disposal ; the conduct of the prisoners, and the number of punishments and restraints imposed on them ; the number of escapes or attempts at escape ; the labour in which the prisoners have been employed, the particulars of their labour and the value thereof ; the state and condition of the buildings, fences, &c., the repairs or alterations which have been made in the prison buildings ; and such other particulars as may be directed.

123 Purchases from contractor

123. The Governor may, if the terms of the contract permit it, purchase articles from any contractor for the use of his family at the contract rate ; but, with this exception, he shall not have for his own use, or that of any other person, any dealings with any tradesman supplying the prison.

124 Duty to conform to law, rules, &c., and to supervise officers as to fitness for duty, illness, &c

124. (1) The Governor shall strictly conform to the law relating to prisons and to the prison rules, and shall be responsible for the due observance of them by others. He shall closely observe the conduct of the prison officers, and enforce on each of them the due execution of his duties, and shall not permit anysubordinate officer to be employed in any private capacity, either for any other officer of the prison or for any prisoner.

(2) The Governor shall notice the state of health of subordinate officers and servants, and their ability to perform their duty, and shall call upon the medical officer to examine such as appear unequal to it. He shall report the illness of an officer to the medical officer without delay.

(3) The Governor shall assure himself by his own inspection or by reports made to him of the presence and fitness for duty of all officers.

125 Applications for complainants by officers

125. (1) The Governor shall forward to the Minister without delay any report or complaint which any officer of the prison desires to make to him, and shall on no account suppress it, and he shall forward with it any explanation which it may seem to require.

(2) The Governor shall forward to the Minister any report or complaint against an officer, with which he is not competent or willing to deal ; but, in every case, the officer shall be permitted to see the charge against him, and to reply to it, for the information of the Minister.

126 Powers to suspend officers

126. The Governor, in case of misconduct, may suspend any subordinate officer, and shall report the particulars without delay to the Minister.

127 Duties as to precautions to prevent escape

127. (1) The Governor shall take every precaution to prevent the escape of prisoners, and shall take care that all officers are well instructed as to their duties and responsibilities in this respect and vigilant in fulfilling them.

(2) The Governor or deputy governor or chief warder shall be present at the unlocking and locking of the prison.

128 Duties as to requiring reports

128. The Governor shall require reports to be made to him accounting for all prisoners in his custody night and morning at the closing and opening of the prison respectively, at such hours as they go to and return from labour, and at such other times as may be necessary.

129 Duties as to locking up of gates and custody of keys

129. The Governor shall assure himself that all gates are locked at the proper times, and that all keys of the prison are kept in the authorised place or in the possession of the authorised officers, and he shall not allow any key of the prison to be taken outside the gate.

130 Duties as to night visits

130. The Governor and the deputy governor shall, each at least once during the week, go through every part of the prison at night time and shall vary the hours of their visits so thatthey shall be unsuspected ; which visits, with the hour and state of the prison at the time, the Governor shall record in his journal.

131 Duties as to inspecting prison and prisoners

131. (1) The Governor shall visit and inspect daily the wards, cells, yards, and divisions of the prison, also the bakehouse, kitchen, and workshops, and every cell or other place in which any prisoner is undergoing punishment or special discipline or charged with any offence, and, as far as practicable, shall see every prisoner once at least in every 24 hours. It shall be his duty to visit daily all prisoners while employed at labour, and see that they are industrious, and that all orders respecting the application of labour are duly enforced ; and in default of such daily visits and inspections, he shall state in his journal how far he has omitted them, and the cause thereof.

(2) When visiting the prison in which female prisoners are kept, the Governor shall be attended by a female officer.

132 Duties as to prisoners' labour

132. (1) The Governor shall take care that the labour of all the prisoners is made use of in such a way as to be to the best advantage to the public service, and shall not employ, or allow to be employed, any prisoner in any private work whatever, for himself or for any other officer of the prison.

(2) The Governor shall promote the useful employment and industrial training of the prisoners.

133 Duties as to education and reformation of prisoners

133. (1) The Governor shall use his best endeavours to promote the efforts made to advance the education of the prisoners.

(2) The Governor shall assist with his influence and authority the exertions of the chaplain for the reformation of the prisoners.

134 Duties as to sanitary condition of prison

134. The Governor shall after consultation with the medical officer, if necessary, take such measures as may be required to ensure that the ventilation, drainage and sanitary system of the prison is maintained in perfect order.

135 Duty as to prisoners requiring medical attention

135. (1) The Governor shall without delay call the attention of the medical officer to any prisoner whose state of mind or body appears to require attention, and shall carry into effect the written directions of the medical officer respecting alterations of the discipline or treatment of any such prisoner.

(2) The Governor shall notify to the medical officer, without delay, the illness of any prisoner, and shall furnish to him daily a list of the prisoners reported sick in the prison.

136 Duty to visit infirmary daily

136. The Governor shall visit the infirmary daily, and see all prisoners therein, and shall take care that proper arrangements are made for the safe custody of the sick prisoners, and thatdiscipline is maintained, so far as is consistent with the medical treatment prescribed for them. He shall on all occasions support the medical officer in the performance of his duties.

137 Duties as to carrying out recommendations of medical officer

137. (1) The Governor shall carry into effect the written recommendation of the medical officer for the alteration of the discipline or treatment of any prisoner, or for the supply of any additional articles to any prisoner on medical grounds.

(2) The Governor shall carry into effect the written recommendation of the medical officer for separating from the other prisoners any prisoner labouring or suspected of labouring under any infectious, contagious, or mental disease ; and shall immediately take such steps as may be necessary to prevent the spread of any contagious or infectious disease.

138 Dangerous illness of prisoner

138. (1) In any case in which the sickness of any prisoner has, in the opinion of the medical officer, assumed an aspect of danger, the Governor shall whenever practicable, inform the relatives of such prisoner thereof.

(2) All prisoners who, in the opinion of the medical officer, are in danger of death, shall be permitted to receive the attendance and spiritual service of any minister of any religious persuasion whom they shall express a wish to see.

139 Notifying cases to chaplain and medical officer

139. The Governor shall notify to the chaplain and medical officer the case of any prisoner whose life is in danger, or whose state of health in mind or body appears to require their attention.

140 Duty as to notice of death of prisoner

140. Upon the death of a prisoner the Governor shall give immediate notice thereof to the coroner having jurisdiction, also to the visiting committee, the Minister, and the nearest relative of the deceased, where practicable.

141 Duties as to inquest

141. (1) The Governor shall see that no officer of the prison, nor any prisoner, nor any person who is under contract to supply anything for the service of the prison, is a juror on any inquest held on the body of a prisoner who has died in his custody.

(2) The Governor shall supply to the coroner the name of any prisoner who tenders his evidence in the case of an inquest about to be held on the body of any prisoner.

(3) The Governor shall report to the Minister in respect of any inquest on a prisoner the finding of the jury or other circumstances which may occur at the inquest.

142 Interment of remains of deceased prisoners

142. (1) The Governor shall take the necessary measures, in concurrence with the chaplain of the religious persuasion to which the deceased prisoner belonged, for the decent intermentof the body, in such burial ground as may be appointed for the purpose, or the body may be handed over to the relatives of the deceased, if they so desire.

(2) The Governor shall keep an accurate register of the burials of all prisoners who may die in the prison, and the chaplain shall, if required, attend at the interment of such prisoners.

143 Duties as to reporting cases of mental or physical disorder

143. The governor shall, without delay, report to the Minister any case of insanity or apparent insanity occurring among the prisoners, or any case in which the medical officer is of opinion that the life of any prisoner will be endangered by further imprisonment, or that any sick prisoner will not survive his sentence, or is totally and permanently unfit for prison discipline, or any case in which the medical officer has reason to believe that the mental state of any prisoner is becoming impaired or enfeebled by continued imprisonment.

144 Duties as to reports, complaints, or applications by prisoners

144. (1) The Governor shall hear the applications of prisoners every day at such hour as may be most convenient.

(2) The Governor shall take care that every prisoner having a complaint to make or request to prefer to him shall have ample facilities for doing so, and he shall redress any grievance, or take such steps as may seem necessary, recording the same in the prescribed manner.

(3) The Governor shall inform the visiting committee of the desire of any prisoner to see them. He shall also inform the Minister for Justice of any prisoner who desires to see a member of the Minister's Department.

145 Prisoners under punishment

145. The Governor shall daily provide for the chaplain and the medical officer a list of prisoners under punishment.

146 Duties as to prisoners under punishment

146. (1) The Governor shall see that every prisoner under punishment is visited during the day at intervals of not more than three hours by the appointed officer.

(2) The Governor shall take care that no prisoner is subjected to any punishment which the medical officer is not satisfied he is capable of undergoing.

147 Condition on which special permission may be granted

147. Before granting any permission for any purpose to any prisoner by authority of the rules applicable to the class to which the prisoner belongs, the Governor shall satisfy himself that it can be granted without interfering with the security, good order and government of the prison and the prisoners therein, and if, after it has been granted, its continuance seems likely to cause any such interference, or the prisoner has abused such permission, or has been guilty of any misconduct, he may suspend or withdraw such permission. Further, where such permission has beengranted by the visiting committee, he may, in the like circumstances, suspend it if the case is urgent, provided that he reports the suspension within 24 hours to them. He shall enter in his journal all cases where such permission has been granted, suspended, or withdrawn, stating the reasons.

148 Duties as to identification of prisoners

148. The Governor shall use his best endeavours to assist in the identification of prisoners, and with that object shall furnish to the governors of other prisons, and to the police, any information in his power.

149 Duties as to discharged prisoners

149. The Governor shall use his endeavours, by communicating with Discharged Prisoners' Aid Societies and otherwise, to assist in providing prisoners with employment on their discharge in order to prevent them from falling again into crime.

III. The Female Officer in Charge.

150 Residence

150. The female officer in charge shall reside in the prison. She shall have the care and superintendence of the whole of the female prisoners. The keys of all the locks of the female prison shall be kept in her custody.

151 Duties as to inspecting prison and prisoners

151. The female officer in charge shall, so far as practicable, visit and inspect every part of the prison occupied by females, and see every female prisoner once at least in every 24 hours, and in default of such daily visits and inspections she shall state in her journal how far she has omitted them and the cause thereof. She shall at least, once during the week, go through every such part of the prison at night time and shall vary the hours of her visits so that they shall be unsuspected ; and each visit, with the hour and state of the part visited at the time, shall be recorded in her journal.

152 Absence from prison

152. (1) The female officer in charge shall not be absent from the prison for a night without permission in writing from the Governor.

(2) Whenever the female officer in charge is absent her duties shall, with the approval of the Governor, be performed by the senior qualified female officer, to whom she shall give over all charge, and that officer shall have all the powers and perform all the duties of the female officer in charge.

153 Duties as to keeping journal

153. The female officer in charge shall keep a journal in which she shall record all occurrences of importance within her department, and shall lay it before the Governor daily.

154 Duties as to male visitors

154. The female officer in charge shall take care that no male officer or visitor enters the division of the prison allotted to females, unless accompanied by herself or some other female officer.

IV. Chaplains.

155 Religious Service

155. Each chaplain shall conduct religious services in the prison at such times as may be fixed.

156 Journal

156. Each chaplain shall keep a journal noting his attendance and the several duties performed by him.

157 Chaplain's substitutes to be approved by the Minister

157. The Minister may, upon the application of any chaplain, approve of certain clergymen, not exceeding three in number, of the same religious persuasion as such chaplain, from whom he may appoint a substitute or substitutes, or accept assistance, under the circumstances and in the cases hereinafter provided.

158 Names of substitutes to be entered in journal

158. Each chaplain shall insert the names and residences of the clergymen so approved of in the chaplain's journal.

159 Nomination by chaplain of substitutes

159. Each chaplain, when he is absent on leave or when, from sickness or other sufficient cause, he is prevented from performing his duties in person, may nominate one or more of the clergymen so approved of as his substitute or substitutes, or may accept the assistance of any of the said clergymen in performance of his duties.

160 Withdrawal of approval of substitute

160. The Minister may withdraw an approval given under Rule No. 157.

161 Substitute on death of chaplain

161. In the event of the death of any chaplain or assistant chaplain of a prison, the Governor shall provide a substitute, and report the vacancy to the Minister.

162 To visit the sick and prisoners under punishment at least three times a week

162. Each chaplain shall see the sick and visit the prisoners, if any, of his religious persuasion, undergoing punishment, at least three times a week, Sundays included, and oftener if necessary, and shall pay special attention to juvenile offenders.

163 To attend prisoners ordered for execution

163. Each chaplain shall more particularly afford his spiritual assistance to all prisoners under order for execution, or committed on charges punishable with death.

164 To see prisoners on admission and discharge

164. Each chaplain shall see every prisoner of his religious persuasion under charge or conviction of any crime, on admission and discharge.

165 To pay particular attention to every prisoner's state of mind

165. Each chaplain shall pay particular attention to the state of mind of every prisoner ; and if he observes that the mind of any prisoner is likely to be injuriously affected by the discipline or treatment, he shall report the same in writing to the Governor, entering such report in his journal.

166 Chaplain to communicate abuses to governor

166. Each chaplain shall communicate to the Governor any abuse or impropriety in the prison which may come to his knowledge, and shall enter the same in his journal.

167 Duty as to employment on discharge

167. Each chaplain shall in conjunction with the Governor use his best endeavours to provide for the employment of prisoners on discharge.

168 Duty to conform to rules

168. The chaplain shall conform to the rules and regulations of the prison, and shall not interfere with the working of them as regards the safe custody, discipline, and labour of the prisoners, but shall support the Governor in the maintenance thereof.

169 Access by chaplain to prisoners

169. Chaplains shall not hold communication with any prisoners other than those of their own persuasion respectively.

170 Power as to books

170. Chaplains shall have access to the catalogue of books to be issued to prisoners, and no book to which a chaplain makes objection shall be issued to any prisoner of his persuasion.

171 Annual and periodical reports

171. Each chaplain shall, as soon as possible after the 31st December in each year, send to the Minister a report, with reference to the year ended on that day, on the religious and moral condition of the prisoners, and such other matters belonging to his department as he may be desired to report on. He shall report periodically and from time to time for the information of the Minister, on such points connected with his department as he may think desirable to bring before him or as the Minister directs. He may at any time offer any suggestion for improvements or for the advantage of the service, and need not reserve it for his annual report.

V. The Medical Officer.

172 Duties as to attendance on prisoners and officers, &c

172. (1) The medical officer shall attend all sick prisoners, and all officers and servants of the prison resident at the prison or within such distance as may be prescribed by the Minister. He shall also attend the families of officers and servants of the prison, subject to such conditions and limitations as may be prescribed by the Minister.

(2) Whenever the medical officer shall temporarily absent himself from the prison, he shall leave notice with the Governor or other officer in charge of the prison where he may be found in the event of his services being required.

173 Duties as to rules and regulations

173. The medical officer shall himself conform to the rules and regulations of the prison, and shall support the Governor in the maintenance of discipline and order and the safe custody of the prisoners.

174 Duties as to visiting prison and prisoners

174. (1) The medical officer shall visit the prison at least once every day, and shall see every prisoner at least once a week, so as to ascertain his general state of health, and whether he is clean in his person and free from disease.

(2) The medical officer shall every day see such prisoners as complain of illness, reporting to the Governor in writing their fitness or otherwise for labour. He shall daily visit the sick in the infirmary or in their cells at such times as may be necessary. He shall attend at once on receiving information of the serious illness of any prisoner or officer.

(3) The medical officer shall once every day, or oftener, visit every prisoner, under punishment, or under special discipline, or any other prisoners to whom his attention is specially directed.

(4) The medical officer shall frequently examine the washing-places, baths, and other provisions for purposes of cleanliness or sanitation, and see whether they are in efficient working order, and report at once to the Governor any defect or insufficiency therein.

175 Duties as to monthly inspection

175. As early as practicable in every month, the medical officer shall inspect every part of the prison, for the purpose of ascertaining that nothing exists therein likely to be injurious to the health of the prisoners, and especially that the ventilation is sufficiently provided for and properly attended to. The result of this inspection shall be recorded in his journal.

176 Duties as to inspection of food, &c

176. The medical officer shall frequently inspect the food of the prisoners, cooked and uncooked, and shall report to the Governor as to the quality of the provisions, and also as to sufficiency of clothing, bedding, any deficiency in the quantity or defect in the quality of the water, or any other cause which may affect the health of the prisoners.

177 Duties as to journal

177. (1) The medical officer shall enter, day by day, in his journal, to be kept in the prison, an account of the state of every sick prisoner, the name of his disease, a description of the medicines and diet, and any other treatment which he orders for such prisoner.

(2) The medical officer shall also record such matters connected with his duties as may be directed.

(3) The medical officer shall insert in his own handwriting in the prescription book, all orders for administering medicines to prisoners.

178 Duties as to special observation of prisoners, and reports as to mental or physical disorder

178. (1) When the medical officer has any reason to suspect that the mental state of any prisoner is becoming impaired or enfeebled by continued imprisonment, he shall take such prisoner under his special observation ; and should there be good reason to believe that, either from the conduct of the prisoner or fromhis manner and habits, there are signs of incipient insanity, he shall report the circumstances to the Governor for the information of the Minister, stating, in cases of doubt, whether he desires any special or additional advice.

(2) Whenever the medical officer has reason to believe that a prisoner's health is likely to be injuriously affected by the discipline of treatment, he shall report the case in writing to the Governor, together with such recommendations as he thinks proper.

(3) Whenever a medical officer is of opinion that any prisoner is in urgent need of operation or treatment which cannot be given in prison, he shall at once notify the Governor in writing and the latter shall immediately bring the matter to the notice of the Minister.

(4) The medical officer shall give notice to the Governor when the sickness of any prisoner appears to him to assume an aspect of danger.

(5) The medical officer shall report in writing to the Governor the case of any prisoner to which he thinks it necessary on medical grounds to draw attention, and shall make such recommendation as he deems needful for the alteration of the discipline or treatment of the prisoner, or for the supply to him of additional articles.

(6) Whenever the medical officer is of opinion that the life of any prisoner will be endangered by his continuance in prison, or that any sick prisoner will not survive his sentence or is totally and permanently unfit for prison discipline, he shall state the opinion, and the grounds thereof, in writing, to the Governor, who shall duly forward the same to the Minister.

179 Power to call in additional medical aid

179. If any case of peculiar difficulty or danger occurs, the medical officer may call in additional aid, referring previously to the Minister for approval, if the case will reasonably admit of such reference. No serious operation shall be performed without a previous consultation with another medical practitioner, except under very urgent circumstances not admitting of delay, which circumstances the medical officer shall record in his journal.

180 Particulars as to death to be entered in journal

180. The medical officer shall, forthwith on the death of any prisoner, enter in his journal the following particulars, viz., at what time the deceased was taken ill, when the illness was first notified to the medical officer, the nature of the disease, when the prisoner died, and an account of the appearances after death (in cases where a post-mortem examination is made), together with any special remarks that appear to him to be required.

181 Duty to appoint substitute when absent

181. In case of sickness, necessary engagement, or leave of absence given by the Minister, the medical officer shall appointa substitute approved by the Minister. The name and residence of the substitute shall be entered in his journal.

182 Conditions as to application of painful test

182. Where the medical officer considers it necessary to apply any painful test to a prisoner to detect malingering or otherwise, the test shall only be applied by authority of the Minister.

183 Duty as to the indentification of prisoners

183. The medical officer shall inform the Governor of any particular point of which he may become aware in regard to the person of any prisoner which might assist in identifying him.

184 Duties as to health of prisoners

184. The medical officer shall have the general care of the health of the prisoners, and shall report to the Minister, and make known to the Governor, any circumstances connected with the prison or the treatment of the prisoners which at any time appears to him to require consideration on medical grounds.

185 Duties as to punishment of prisoners

185. (1) Before a prisoner is placed in close confinement, or is subjected to dietary punishment, the medical officer shall examine him, and certify whether or not he is fit for the punishment.

(2) The medical officer shall attend every corporal punishment inflicted in the prison and his instructions thereon for preventing injury to health shall be obeyed.

186 Duties as to statistical records, returns and reports

186. (1) The medical officer shall keep such statistical records and furnish such returns as may be directed relative to the health and medical treatment of officers and prisoners, and to the sanitary condition of the quarters of the officers and of the prison buildings.

(2) The medical officer shall report each quarter, and from time to time as may be directed, on the general health and sanitary condition of the establishment, the health of the officers, their capability for performing their duties, the health of the prisoners, and in reference to any other point upon which he may be directed to report.

(3) The medical officer shall submit to the Minister as soon as possible after the 31st December in each year, a report, in writing, with reference to the year ended on that day, with statistics of sickness, mortality, removals on medical grounds, insanity, suicide, and hospital treatment among the prisoners, and such other particulars as may be directed.

(4) The medical officer may at any time offer any suggestions for improvements or for the advantage of the service, and need not reserve it for his annual report.

187 To make reports as to fitness physically of candidates

187. The medical officer shall, when required by the Minister, furnish a report as to the physical fitness of any candidate for employment in the prison's service, and shall also, from time totime, furnish to the Civil Service Commissioners such detailed information in reference to the health of a candidate as such Commissioners consider necessary, in order to enable them to issue their certificate of qualification.

188 Duties of deputy medical officer

188. Where a deputy medical officer is appointed to a prison, he shall assist the medical officer in the performance of his duties and in his absence shall perform his duties.

PART III. SPECIAL RULES FOR PARTICULAR CLASSES OF PRISONERS.

1. PRISONERS ON REMAND OR AWAITING TRIAL.

I. Admission, Discharge and Removal.

189 Application of rules

189. Rules 189 to 213 apply to any person in those rules referred to as a prisoner awaiting trial committed to prison for safe custody in any of the following circumstances :—

(a) While awaiting trial for any indictable offence.

(b) Pending the preliminary hearing before a justice of the District Court of a charge against him of an indictable offence, or pending the hearing of an information or complaint against him.

(c) Awaiting sentence.

(d) Aliens not under sentence who are detained under Aliens' Orders.

(e) On commitment to await extradition.

190 Bath

190. A prisoner awaiting trial shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor decides that it is unnecessary, or the medical officer states that it is for medical reasons unadvisable.

191 Separation from each other

191. In order to prevent prisoners awaiting trial from being contaminated by each other, or endeavouring to defeat the ends of justice, they shall be kept separate, and shall not be permitted to communicate together.

192 Separation from convicted prisoners

192. Prisoners awaiting trial shall be kept apart from convicted prisoners, and while attending church and at other times shall, if possible, be placed so that they may not be in view of the convicted prisoners.

193 Power to modify routine

193. The visiting committee may authorise the Governor to modify the routine of the prison in regard to any prisoner awaiting trial so far as to dispense with any practice which, in the opinion of the Governor, is clearly unnecessary in the case of that particular prisoner.

194 Application of prisoner's money

194. Any money in the hands of the Governor belonging to any prisoner awaiting trial may be applied to the purpose of making special provision for him in cases where the prisoner is, by these rules, required to make any payment in respect of such special provision.

195 Use of books or papers

195. The Governor shall, on the application of any prisoner awaiting trial, permit him to have any books, papers, documents, or other articles in his possession at the time of his arrest, which may not be required for evidence against him, and are not reasonably suspected of forming part of property improperly acquired by him, or are not for some special reason required to be taken from him for the purposes of justice or of prison discipline.

II. Food, Clothing and Bedding.

196 Power to procure food, clothing, or bedding

196. A prisoner awaiting trial may procure for himself, or receive at proper hours, food and intoxicating liquor (other than spiritous liquors), clothing, bedding or other necessaries, subject to examination and to such rules as may be approved by the Minister ; and any articles so procured may be paid for out of the money belonging to the prisoner in the hands of the Governor. If a prisoner awaiting trial does not provide himself with food, he shall receive the allowance of food allotted to prisoners awaiting trial by the rules of the prison.

197 Prison dress

197. A prisoner awaiting trial may, if he desires it, wear the prison dress, and he shall be required to do so if his own clothes are insufficient or unfit for use, or necessary to be preserved for the purposes of justice. The prison dress for a prisoner awaiting trial shall be of a different colour from that of convicted prisoners.

198 Disinfection

198. When a prisoner awaiting trial is allowed by the rules to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected ; and thereupon the clothing shall be disinfected as speedily as possible, and during the progress of disinfection the prisoner may be required to wear the prison clothing prescribed for the class of prisoners to which he belongs.

199 Notice as to provision of food

199. (1) If a prisoner awaiting trial prefers to provide his own food for any meal, he shall give notice thereof beforehand at the time required ; but the Governor shall not permit any such prisoner to receive any prison allowance of food for the meal for which he procures or receives food at his own expense.

(2) Articles of food shall be received by a prisoner awaiting trial only at such hours as may be laid down from time to time. They shall be inspected by the officers of the prison, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.

200 Prohibition of sale

200. No prisoner awaiting trial shall sell or transfer any article whatsoever allowed to be introduced for his use to any otherperson ; and any prisoner transgressing this rule shall be prohibited from procuring any such article for such period as the Minister deems proper.

III. Cleanliness and Health.

201 Hair-cutting

201. A prisoner awaiting trial shall not be compelled either to have his hair cut or to shave a beard or moustache he usually wears except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of such prisoner shall not be cut closer than may be necessary for the purpose of health and cleanliness, regard however being had to the circumstance that untried prisoners while in prison shall not change their external aspect so as to impede identification, and that when brought to the bar for trial they shall retain as nearly as may be practicable the same external appearance which they had when committed.

202 Cleaning of rooms

202. The beds of prisoners awaiting trial shall be made up and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him by an assistant provided under these rules.

203 Medical attendance

203. If any prisoner awaiting trial who is out of health desires the attendance of his usual medical attendant or dentist, the visiting committee shall, if they are satisfied that the application is bona-fide, permit him to be visited by that medical attendant or dentist at his own expense. He may also be supplied with medicine at his own expense, proper precautions being in all cases observed to prevent abuse of these privileges.

IV. Books, etc.

204 Books, newspapers, etc

204. A prisoner awaiting trial shall be permitted to have supplied to him, at his own expense, such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the visiting committee, or in their absence, and pending their approval, in the opinion of the Governor, of an objectionable kind.

V. Employment.

205 Employment

205. A prisoner awaiting trial shall have the option of employment, but shall not be compelled to perform any labour.

206 Allowance for earnings

206. If any such prisoner is discharged such an allowance on account of his earnings, if any, shall be paid to the prisoner on his discharge, as the Minister may think reasonable due allowance being made for the cost of his maintenance in prison.

207 Facilities for carrying on usual employment

207. So far as prison arrangements admit, facilities shall be given to prisoners awaiting trial to work and follow their trades and employments, and all earnings of any such prisoner, after payment thereout of such sum as the Minister may determine on account of the cost of his maintenance in the prison, or on account of the use of implements lent to him, shall belong to him.

208 Light in cell

208. The Governor shall permit the light to remain burning in the cell of any prisoner awaiting trial to enable the prisoner to continue to read or write, or to work and follow his trade, until the final locking-up of the prison, provided any reasonable or satisfactory ground exists for the allowance of such privilege.

VI. Visits and Communications.

209 Visits

209. (1) Due provision shall be made for the admission, at proper times and under proper restrictions, of persons with whom prisoners awaiting trial desire to communicate, care being taken that, so far as is consistent with the interests of justice, the prisoners shall see their legal advisers alone.

(2) Every prisoner awaiting trial shall be permitted to be visited by not more than three persons at the same time, for a quarter of an hour on any week-day, during such hours as may be appointed. Provided always that the Minister may suspend and withdraw the permission hereby granted in any case when he considers it necessary so to do for the purposes of the security, good order, and government of the prison and prisoners therein, or for the purposes of preventing any tampering with evidence, or any plans for escape, or other like considerations.

(3) The visiting committee may, in any special case, for special reasons, prolong the period of the visit allowed to any prisoner awaiting trial, or allow him to be visited by more than three persons at the same time.

(4) Every endeavour shall be made to provide that prisoners awaiting trial be not, when being visited, exposed to the view of the friends of other prisoners, and to prevent the friends of one prisoner from coming in contact with the friends of another while in the prison.

210 Communication with legal and medical adviser

210. (1) A prisoner awaiting trial shall be allowed to see his legal adviser any week-day at any reasonable hour in the sight but not in the hearing of an officer.

(2) A prisoner awaiting trial shall if necessary for the purpose of his defence be allowed to see a registered medical practitioner appointed by his friends or legal adviser. Such visit may, on request, be in the sight but not in the hearing of an officer.

211 Communication for the purpose of bail

211. A prisoner awaiting trial who is in prison in default of bail shall be permitted to see any of his friends, on any week-day at any reasonable hour, for the bona-fide purpose of providing bail.

212 Written communications

212. Paper and all other writing materials to such extent as may appear reasonable to the Governor shall be furnished to any prisoner awaiting trial who requires to be so supplied for the purposes of communicating with friends or preparing a defence. Any confidential written communication prepared as instructions for a legal adviser may be delivered personally to him or his authorised clerk without being previously examined by any officer of the prison ; but all other written communications are to be considered as letters and are not to be sent out of the prison without being previously inspected by the Governor.

213 Application of general rules

213. Prisoners awaiting trial shall also be subject to the general prison rules, except so far as they are inconsistent with the special rules relating to prisoners awaiting trial.

2. JUVENILE PRISONERS AWAITING TRIAL.

214 Classification

214. (1) All prisoners under the age of 17 who are on remand or awaiting trial in these rules referred to as unconvicted juvenile prisoners shall be formed into two divisions, being classed by the Governor and chaplain :—

(a) Those who have not been in prison before and who are well-conducted in prison, who shall be kept separate from

(b) Those who have been in prison before, or who misbehave in prison.

(2) Any prisoner who declares himself to be more than 17 years of age, but who, in the opinion of the Governor, chaplain, and medical officer of the prison, should not, having regard to his character, constitution, and antecedents, properly be classed with adult prisoners, shall also be classed as an unconvicted juvenile prisoner.

215 Cell doors to be open in certain cases

215. In order that confinement may be as little as possible oppressive, every unconvicted juvenile prisoner of tender years in division (a) shall be allowed to have his cell door open between the hours of 7 a.m. and 7.30 p.m., if the Governor, chaplain, ormedical officer is of opinion that this is necessary or desirable, the Governor being responsible that such precautions are observed as will ensure that a juvenile prisoner shall not be able to enter the cell of any other prisoners, and vice-versa.

216 Exercise

216. Every unconvicted juvenile prisoner shall be allowed two periods of exercise daily. This exercise shall consist of ordinary walking, or physical drill, or of garden work.

217 Instruction

217. Every unconvicted juvenile prisoner shall be daily instructed by the schoolmaster for one hour in association, those in division (a) being kept separate from those in division (b).

218 Employment

218. The Governor shall encourage every unconvicted juvenile prisoner to work either at his own trade or at one of the trades pursued in the prison. If employed on the latter, he shall be remunerated as laid down in Rule 206 for prisoners awaiting trial.

219 Library books

219. The Governor shall select a special set of books to form a library for the use of unconvicted juvenile prisoners, picture books being provided for those who cannot read. The books should be approved by the chaplain.

220 Application of rules to females

220. These rules shall apply, as far as practicable, to juvenile female prisoners under 17 years of age.

221 Application of general prison rules

221. Unconvicted juvenile prisoners shall also be subject to the rules for prisoners awaiting trial, and to any general prison rules, except so far as they are inconsistent with the special rules for unconvicted juvenile prisoners.

3. JUVENILE OFFENDERS UNDER CONVICTION.

222 Classification

222. (1) Every prisoner under the age of 17 shall be classed as a juvenile offender.

(2) Prisoners who have not been in prison before and who are well-conducted in prison shall be kept separate from those who have been in prison before or who misbehave in prison.

(3) Any prisoner who declares himself to be more than 17 years of age, but who, in the opinion of the Governor, chaplain and medical officer of the prison, should not, having regard to his character, constitution, and antecedents, properly be classed with adult prisoners, shall also be classed as a juvenile offender.

223 Prisons for juvenile offenders

223. If the sentence is for one month or upwards, a juvenile offender shall be located in a prison in which accommodationis set apart for juvenile offenders. If the sentence is for less than one month, he shall be retained in the prison to which he has been committed, but be lodged in a part of the prison where he will be completely separated from the adult prisoners.

224 Separation from adult prisoners

224. A juvenile offender shall take exercise, receive school instruction, and be seated in chapel, apart from and, if possible, out of sight of adult prisoners, with whom he shall not, on any occasion, be permitted to come into contact.

225 Mitigation of prison discipline

225. In the case of a juvenile offender the ordinary prison discipline shall be mitigated in the following manner :—

(1) He shall be allowed special library books as well as books of instruction, from the time of his reception and throughout his sentence ;

(2) He may be employed in association with other juvenile offenders in workshops, or in outdoor work, such as gardening, &c.

(3) He shall, as far as possible, be instructed in a trade which may be useful to him on release ; and

(4) He shall, if medically fit, be exercised daily at physical drill in lieu of, or in addition to, walking exercise, with a view to his physical development.

226 Visits

226. A juvenile offender may be allowed by the visiting committee to receive extra visits if, in their opinion, such visits are desirable and calculated to improve his moral welfare and future career.

227 Duty of chaplain as to juvenile offenders

227. It shall be the duty of the chaplain to devote individual attention and care to the juvenile offenders, and, in co-operation with the visiting committee and a discharged prisoners' aid society, to make every possible provision for their protection and care on discharge.

228 Discharge of juvenile offenders

228. Before a juvenile offender is discharged, the Governor shall inform his relatives and friends on what day and at what time he will be discharged, that they may have the opportunity of attending to receive him ; but if such relatives or friends are known to be bringing the young prisoner up in evil courses, then the Governor may, with the consent of the visiting committee, abstain from informing his relatives, if some other respectable person, to be approved by the visiting committee, is willing to take care of him, and the prisoner consents.

229 Application of general prison rules

229. Convicted juvenile offenders shall also be subject to any general prison rules, except so far as they are inconsistent with the special rules for juvenile offenders under conviction.

4. PRISONERS BETWEEN THE AGES OF 17 AND 21 YEARS.

230 Location in special prison

230. Prisoners between the ages of 17 and 21 may be collected in a prison or part of a prison set apart for the purpose, and be subjected to the following special rules.

231 Classification

231. They shall be strictly classified, regard being had to their character and antecedents.

232 Separation

232. Each class shall be kept apart from the other.

233 Employment

233. They shall be employed in association in workshops or in outdoor work, such as farming, and they shall be specially instructed in useful trades and industries which may fit them to earn their livelihood on release.

234 Education

234. Special attention shall be given to their education by instruction in the ordinary subjects of elementary education, by lectures and moral addresses, and by their being provided with library books and useful literature, which they shall be encouraged to read.

235 Discharge

235. At a reasonable time before the discharge of any prisoner, arrangements shall be made with a discharged prisoners' aid, or other philanthropic societies, or benevolent persons, for the prisoner's future welfare.

236 Application of general rules

236. They shall also be subject to any general prison rules, except so far as they are inconsistent with these Special Rules.

5. OFFENDERS OF THE FIRST DIVISION.

I. Admission and General Treatment.

237 Separation

237. An offender of the first division shall be kept apart from other classes of prisoners.

238 Bath

238. An offender of the first division shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor decides that it is unnecessary, or the medical officer states that it is, for medical reasons, inadvisable.

239 Searching

239. Every offender of the first division shall be searched only by an officer specially appointed for the purpose.

240 Accommodation

240. An offender of the first division shall be placed, as soon as possible after reception, in a room or cell appropriated to prisoners of his class, unless there is reason to believe that he issuffering from some infectious disease, in which case he shall be detained in a reception cell until he can be seen by the medical officer.

241 Power to procure special accommodation

241. The visiting committee shall, on the application of any offender of the first division, if, having regard to his ordinary habits and conditions of life, they think such special provision should be made in respect of him, permit any such prisoner :—

(1) To occupy, on payment of a small sum fixed by the Minister, a room or cell specially fitted for such prisoners, and furnished with suitable bedding and other articles in addition to or different from those furnished for ordinary cells ;

(2) To have at his own cost the use of private furniture and utensils suitable to his ordinary habits, to be approved by the Governor ;

(3) To have, on payment of a small sum fixed by the Minister, the assistance of some person to be appointed by the Governor, relieving him from the performance of any unaccustomed tasks or offices.

242 Application of prisoner's money

242. Any money in the hands of the Governor, belonging to any offender of the first division, may be applied for making special provision for him in respect of which payment is by these rules required to be made.

II. Food and Clothing.

243 Diet

243. (1) An offender of the first division shall be permitted by the visiting committee to supply his own food on giving due notice beforehand, at the time required ; but the Governor shall not permit him to receive any prison allowance of food at any meal for which he procures or receives food at his own expense.

(2) Articles of food shall be received for offenders of the first division only at such hours as are fixed for the purpose. They shall be inspected by the officers of the prison, and shall be subject to such restrictions as may be necessary to prevent luxury or waste.

244 Intoxicating liquor

244. An offender of the first division shall not during any period of 24 hours receive or purchase more than one pint of malt liquor, fermented liquor, or cider, or half a pint (8 ozs.) of wine. Spirituous liquors shall not be permitted.

245 Clothing

245. (1) An offender of the first division shall be permitted by the visiting committee to wear his own clothing, provided that it is sufficient and is fit for use. The prison clothing for anoffender in the first division who does not wear his own clothing shall be distinctive of the division to which he belongs.

(2) When an offender of the first division is allowed to wear his own clothing in prison, the medical officer may, for the purpose of preventing the introduction or spread of infectious disease, order that the clothing be disinfected ; and thereupon the clothing shall be disinfected as speedily as possible, and during the process of disinfection the prisoner may be required to wear the prison clothing prescribed for the class of prisoners to which he belongs.

246 Sale of articles

246. No offender of the first division shall be allowed to sell or transfer any article whatsoever, allowed to be introduced for his use, to any other person.

III. Cleanliness.

247 Hair-cutting

247. An offender of the first division shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness, and the hair of the prisoner shall not be cut closer than may be necessary for the purposes of health and cleanliness.

248 Cleaning of cells

248. The beds of offenders of the first division shall be made up and the rooms and yards in their occupation shall be swept and cleaned every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged. Should any such prisoner object to perform any of these duties, they may be performed for him by an assistant provided under these rules.

IV. Books, etc.

249 Newspapers and books

249. An offender of the first division shall be permitted to have supplied to him at his own expense such books, newspapers, or other means of occupation, other than those furnished by the prison, as are not, in the opinion of the visiting committee, or in their absence and pending their approval, in the opinion of the Governor, of an objectionable kind.

V. Employment.

250 Employment

250. Offenders of the first division shall not be required to work, but they may be permitted (a) to follow their trades and professions, if practicable, (b) by their consent to be employed on the industries of the prison. In the former case, if they findtheir own implements, and are not maintained at the expense of the prison, they shall be allowed to receive the whole of their earnings, but the earnings of those who are furnished with implements or are maintained at the expense of the prison shall be subject to a deduction, to be determined by the Minister, for the use of implements, and the cost of maintenance. In the latter case they shall be entitled to earn such remission of sentence and gratuity as the rules allow.

VI. Visits and Communications.

251 Letters and visits

251. (1) An offender of the first division shall be permitted to be visited twice a week by not more than three friends or relations at the same time for a period of a half an hour during such hours as may be appointed. He shall also be allowed to write two letters and to receive two letters in each week.

(2) The visiting committee may, by permission in any special case for special reasons, prolong the period of the visit allowed to any offender of the first division, or allow additional visits or letters to such reasonable extent as they deem advisable.

(3) The place in which offenders of the first division receive their visits shall not be the same as that in which other prisoners receive their visits, if any other suitable place can conveniently be provided.

252 Application of general rules

252. Offenders of the first division shall also be subject to any general prison rules, except so far as they are inconsistent with the special rules relating to offenders of the first division.

6 OFFENDERS OF THE SECOND DIVISION.

253 Separation

253. An offender of the second division shall, as far as possible, be kept apart from other classes of prisoners.

254 Bath

254. An offender of the second division shall, on reception, be required to take a bath, unless on application, the Governor decides that it is unnecessary, or unless the medical officer states that it is, for medical reasons, inadvisable.

255 Diet

255. An offender of the second division shall receive the allowance of food prescribed for offenders of the first division who do not maintain themselves.

256 Hair-cutting

256. An offender of the second division shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness ; and his hair shall not be cut closer than may be necessary for the purposes of health and cleanliness.

257 Cleaning of cells, etc

257. The beds of offenders of the second division shall be made up and the rooms and yards in their occupation shall be swept and cleaned, by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them.

258 Clothing

258. An offender of the second division, unless permitted to wear his own clothes, shall wear prison clothing distinctive of the division to which he belongs.

259 Employment

259. An offender of the second division shall be employed at prison work and thus be afforded facilities for earning, by industry, such remission of sentence and gratuity as the rules allow.

260 Letters and Visits

260. An offender of the second division shall be permitted to be visited once a week by not more than three friends or relations at the same time, for a period of twenty minutes during such hours as may be appointed. He shall also be allowed to write one letter, and to receive one letter in each week. After three months in custody visits may be of thirty minutes' duration.

261 Application of general rules

261. An offender of the second division shall also be subject to any general prison rules, except so far as they are inconsistent with the special rules relating to offenders of the second division.

7. OFFENDERS OF THE THIRD DIVISION.

262 ..

262. Offenders of the third division will be treated under the general rules for the government of ordinary prisoners.

8. PRISONERS IMPRISONED FOR DEFAULT IN PAYMENT OF A DEBT, OR IN DEFAULT OR IN LIEU OF DISTRESS TO SATISFY A SUM OF MONEY ADJUDGED TO BE PAID BY A COURT OF SUMMARY JURISDICTION, OR IMPRISONED FOR CONTEMPT OF COURT (hereinafter referred to as " DEBTORS OR CONTEMPT OF COURT PRISONERS.")

I. Admission and General Treatment.

263 Separation

263. A debtor or contempt of court prisoner shall not be associated with criminal prisoners.

264 Bath

264. A debtor or contempt of court prisoner shall not be required to take a bath on reception, if, on the application of the prisoner, the Governor shall decide that it is unnecessary, or the medical officer shall state that it is, for medical reasons, inadvisable.

II. Food and Clothing.

265 Diet

265. A debtor or contempt of court prisoner shall receive the allowance of food prescribed for offenders of the first division who do not maintain themselves.

266 Clothing

266. A debtor or contempt of court prisoner shall be permitted to wear his own clothing, unless it is unfit for use. The prison clothing for a debtor or contempt of court prisoner who does not wear his own clothing shall be distinctive of the division to which he belongs.

III. Cleanliness.

267 Hair-cutting

267. A debtor or contempt of court prisoner shall not be compelled either to have his hair cut or to shave a beard or moustache which he usually wears, except on account of vermin or dirt, or when the medical officer deems it necessary on the ground of health and cleanliness ; and the hair of such prisoner shall not be cut closer than may be necessary for the purposes of health and cleanliness.

268 Cleaning of cells, etc

268. The beds of debtors and contempt of court prisoners shall be made up and the rooms and yards in their occupation shall be swept and cleaned by them every morning. The furniture and utensils appropriated to their use shall be kept clean and neatly arranged by them.

IV. Employment.

269 Employment

269. A debtor or contempt of court prisoner shall be required to work, either at his own trade or profession provided his employment does not interfere with the regulations or arrangements of the prison, or at work of an industrial or manufacturing nature, and he shall be allowed to receive the whole of his earnings subject to a deduction for the cost of his maintenance, and for the use of implements when furnished by the prison.

V. Remission and Stage.

270 ..

270. The general rules relating to remission of sentence shall not apply to debtors or contempt of court prisoners.

VI. Health.

271 Exercise

271. Debtors or contempt of court prisoners may be permitted to exercise in the forenoon and afternoon of each day during such periods as the circumstances of the prison may allow, and during the same periods they shall be permitted to associate together in an orderly manner.

VII. Visits and Communications.

272 Letters and visits

272. A debtor or contempt of court prisoner shall be permitted to receive a visit of twenty minutes' duration and also to write and receive one letter in each week, and the visiting committee may, for special reasons, prolong the period of the visit allowed to any such prisoner or accord additional visits or letters to such reasonable extent as they may deem advisable. After three months in custody visits may be of thirty minutes' duration.

273 Visits from legal adviser, etc

273. In applying to a debtor or contempt of court prisoner, Rule (64), any request from the legal adviser, wife, husband, or relative of such prisoner to visit the prisoner is to be granted at any reasonable hour of the day.

274 Place of visits

274. The place in which debtor or contempt of court prisoners receive their visits shall not be the same as that in which criminal prisoners receive their visits, if any other suitable place can conveniently be provided.

275 Application of general rules

275. Debtors or contempt of court prisoners shall also be subject to any general prison rules for the government of the prisons, except so far as they are inconsistent with the special rules relating to debtors or contempt of court prisoners.

9. APPELLANTS.

276 Application of rules

276. The following rules shall apply to prisoners who have entered an appeal against a conviction or sentence by a Court—hereinafter called " appellants."

277 Production in Court

277. (1) Any appellant who when in custody is to be brought to any place at which he is entitled to be present for the purpose of the hearing of an appeal shall, while absent from the prison, be kept in the custody of the officer directed by the Governor of the prison to convey him to that place.

(2) Any appellant, when absent from prison under this rule, shall wear his own clothing. Should his own clothing not be in a fit condition he shall be supplied with clothing from prison stocks.

278 Gratuities

278. If an appellant is ordered to be released by a Court he shall be paid a gratuity at the appropriate rate provided he has worked during the period he was in custody awaiting the hearing of his appeal.

279 Visits from legal and medical advisers

279. (1) An appellant shall be allowed to see his legal adviser on any week-day at any reasonable hour in the sight but not in the hearing of a prison officer.

(2) An appellant shall, if necessary, for the purposes of his appeal be allowed to see a registered medical practitioner appointed by his friends or legal adviser, in the sight but not in the hearing of an officer.

280 Letters

280. (1) Writing materials, to such extent as may appear reasonable to the Governor, shall be furnished to any appellant who requires them for the purposes of preparing his appeal.

(2) An appellant shall be permitted to write such letters to his legal adviser as may be necessary for the prosecution of his appeal.

(3) Any confidential written communication prepared as instructions for his legal adviser may be delivered personally to him or his authorised clerk without being previously examined by an officer of the prison ; but all other written communications shall be treated as letters and shall not be sent out of the prison without being previously inspected by the Governor.

281 Application of General Rules

281. Appellants shall also be subject to any general prison rules, for the government of prisons, except so far as they are inconsistent with the special rules relating to appellants.

PART IV. REVOCATION OF EXISTING RULES.

282 ..

282. All previous rules respecting the conduct of ordinary and convict prisons and all previous rules respecting the treatment of particular classes of prisoners are hereby revoked.

GIVEN under my Official Seal this 16th day of September, 1947.

GERALD BOLAND,

Minister for Justice.

The Government hereby approves of the foregoing Rules.

GIVEN under the Official Seal of the Government this 24th day of September, 1947.

SEÁN F. LEMASS,

Tánaiste.