CHAPTER 97
PRISONS ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

PART II
ESTABLISHMENT AND CONTROL OF PRISONS

   3.   Declaration of prisons

   4.   Temporary prisons

   4A.   Regional Commanding Officer

   5.   Officer in charge

   6.   Police officers may act as prison officers

   7.   Women prison officers to care for and discipline female prisoners

PART III
CONSTITUTION AND ADMINISTRATION

   8.   Zambia Prison Service

   9.   Membership of Service

   10.   Commissioner of Prisons

   11.   Commissioner empowered to make standing orders

   12.   Functions of Deputy Commissioner and delegation to Assistant Commissioner

   13.   Charge of prison in which no officer in charge appointed

   14.   Payments due to prison officers and other persons employed in prisons leaving the prison service may be set off

   15.   Minister may appoint committee of inquiry

PART IV
ESTABLISHMENT OF PRISON HEALTH SERVICE

   16.   Establishment of Prison Health Service

   16A.   Director of health services

   17.   Medical Officers

   18.   Medical inspection

   19.   Observation of prisoners charged with capital offence

   20.   Examination of prisoners in separate confinement or in hospital

   21.   Powers of officer in charge to order prisoners to be examined

   22.   Death of prisoner

   23.   Notification of death of prisoner

PART IVA
ATTESTATION, SERVICE AND DISCHARGE OF PRISON OFFICERS

   23A.   Attestation

   23B.   Declaration on joining the service

   23C.   Prolongation of service in case of war

   23D.   Termination of appointment of certain prison officers

   23E.   Release on completion of service

   23F.   Arms and accoutrements to be delivered up on ceasing to belong to the Service

PART V
POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS

   24.   General powers and duties of prison officers

   25.   Prison officer to have powers of police officer

   26.   Duties of prison officers

   27.   Power to examine persons or vehicles

   28.   Punishment by subordinate officers

   29.   Use of weapons by prison officers

   30.   Prison officer’s power to arrest

   31.   Power to take photographs, fingerprints, etc., of a prisoner

   32.   Non-liability for act done under authority of warrant

PART VI
OFFENCES BY AND IN RELATION TO PRISON OFFICERS

   33.   Mutiny or sedition

   34.   Absence from duty and desertion by prison officers

   35.   Inciting prison officer to desert

   36.   Assault on officer senior in rank

   37.   Miscellaneous offences by prison officers

   38.   Other offences

   39.   Prison officers not to be members of trade unions

   40.   Prison officers not to engage in dealings with prisoners

PART VII
DISCIPLINE OF PRISON OFFICERS

   41.   Methods of dealing with disciplinary matters

   42.   Reduction in rank or dismissal of prison officer

   43.   Offences against discipline by junior or subordinate officers

   44.   Arrest and confinement of junior or subordinate officers for disciplinary offence

   45.   Power to try junior officers

   46.   Power to try subordinate officers

   47.   Procedure after imposition of punishment

   48.   Prisons Advisory Board

   49.   Recovery of fines and stoppage of pay

   50.   Powers of officers holding disciplinary inquiries

   51.   Offence against discipline may be tried by subordinate court

   52.   Search of prison officer and his quarters

   53.   Interdiction of prison officer below rank of Superintendent

   54.   Pay not to accrue during absence without leave or imprisonment

PART VIII
ADMISSION AND CONTROL OF PRISONERS

   55.   Admission of prisoners

   56.   Admission of infant child with woman prisoner

   57.   Particulars of prisoner to be recorded

   58.   Search of prisoners

   59.   Custody and disposal of money and other effects of prisoners

PART IX
CLASSIFICATION, CUSTODY AND REMOVAL OF PRISONERS

   60.   Separation of prisoners

   61.   Prisoners in custody of officer in charge

   62.   Probation officer may have custody of prisoner

   63.   Removal of juvenile to reformatory

   64.   Production of prisoners in court

   65.   Prisoners under police escort

   66.   Statements to police officers

   67.   Release of prisoners for investigations, etc.

   68.   Removal of prisoners from one prison to another

   69.   Certain prisoners may be restrained

   70.   Mentally disordered or defective prisoners

   71.   Removal of sick prisoners to hospital

   72.   Removal of prisoner to leprosarium

   73.   Liability for escape from hospital or leprosarium

   74.   Serving sentence while in hospital, etc.

PART X
EMPLOYMENT OF PRISONERS

   75.   General requirement to work

   76.   Employment of unconvicted criminal prisoners

PART XI
ESCAPES, PROHIBITED ARTICLES AND AREAS

   77.   Penalty for introduction or removal of prohibited articles into and from prison and for unauthorised communication with prisoners

   78.   Power of arrest

   79.   Unauthorised communications

   80.   Offences in respect of prisons and prisoners

   81.   Removal of certain offenders

   82.   Unlawful possession of articles supplied to prison officers

   83.   Assisting prisoner to escape

   84.   Harbouring prisoners

   85.   Offences in connection with uniforms and decorations

   86.   Notice to be displayed stating offences in respect of prisons and prisoners

PART XII
CIVIL AND UNCONVICTED PRISONERS

   87.   Maintenance of unconvicted prisoners from private sources

   88.   Food, etc., not to be transferred to other prisoners

   89.   Food, clothing and equipment for unconvicted prisoners

PART XIII
DISCIPLINE OF PRISONERS

   90.   Minor prison offences

   91.   Major prison offences

   92.   Separation of prisoner charged with offence

   93.   Hearing of prison offences

   94.   Punishments that may be imposed by subordinate court

   95.   Punishment of minor prison offences by junior or subordinate officers

   96.   Transfer of case

   97.   Punishment of minor prison offence by senior officer or visiting justice

   98.   Punishment of major prison offence by senior officer or visiting justice

   99.   ...

   100.   ...

   101.   ...

   102.   ...

   103.   ...

   104.   ...

   105.   ...

   106.   Special provisions relating to punishments of separate confinement with penal diet and of reduced diet

   107.   Confinement in separate cell

   108.   Punishment in different prisons

PART XIV
REMISSION OF SENTENCE

   109.   Remission of part of sentence of prisoners

   110.   Remission of part of sentence of certain prisoners

PART XV
DISCHARGE AND PAROLE

   111.   Officer in charge to be responsible for discharge of prisoners

   111A.   Discharge of terminally ill prisoners

   112.   Day of discharge of prisoners

   113.   Travelling expenses of prisoner on discharge

   113A.   National Parole Board

   113B.   Functions pf Parole Board

   114.   Release prisoner on parole

   115.   Minister may permit absence of young prisoners from prison

   116.   Release on licence of prisoners serving life imprisonment

PART XVI
EXTENSION SERVICES AND COMPULSORY AFTER CARE ORDERS

   116A.   Extension Services

   116B.   Eligibility for Extension Services

   117.   Compulsory after care orders

   118.   Failure to comply with compulsory after care order and commission of further offence during currency or order

PART XVII
REPORT ON LONG TERM PRISONERS

   119.   Report on long term prisoners

PART XVIII
PRISONERS UNDER SENTENCE OF DEATH

   120.   Confinement of condemned prisoners

   121.   Persons who may have access to condemned prisoner

   122.   Attendance at execution by officials

PART XIX
VISITING JUSTICES, OFFICIAL VISITORS, MINISTERS OF RELIGION AND PRISONERS’ AID SOCIETIES

   123.   Judges may visit prisons

   124.   Minister and Ministers in charge of Provinces to be visiting justices

   125.   Magistrates, etc. to be visiting justices in own areas

   126.   Powers of visiting justices

   127.   Visiting justice to record visit in prescribed book

   128.   Appointment of official visitors

   129.   Duties of official visitors

   130.   Official visitors to record visit in prescribed book

   131.   Ministers of religion may visit prison

   132.   Visits of probation officers and representatives of prisoners’ aid societies

PART XX
YOUTH CORRECTIVE CENTRES

   133.   Establishment of youth corrective centres

   134.   Corrective training may be ordered in certain circumstances

PART XXI
EXTRA-MURAL PENAL EMPLOYMENT

   135.   Extra-mural penal employment may be ordered in lieu of imprisonment

   135A.   Community service

   135B.   Serving prisoner’s right to apply for community service

PART XXII
MISCELLANEOUS

   136.   List of prisoners detained to be delivered to High Court

   137.   Rewards for apprehension of escaped prisoners

   138.   Rewards and gratuities

   139.   Commutation of death sentence to sentence of imprisonment

   140.   Detention of prisoners from other countries

   141.   Removal of prisoners to other countries

   142.   Commissioner may grant permission to be absent from prison

   143.   Disposal of deceased’s estate

   144.   Witnesses’ expenses

   145.   Power to prosecute under other law not affected

PART XXIII
RULES, REPEALS AND SAVINGS

   146.   Rules

   147.   Repeal and savings

      SCHEDULE

AN ACT

to provide for the establishment of prisons, for a prison service, for the discipline of prison officers, for the management and control of prisons and prisoners lodged therein; to provide for youth corrective training centres and extra-mural penal employment; to provide for compulsory after care orders; and to provide for matters incidental to or connected with the foregoing.

[31st October, 1966]

Act 56 of 1965;

Act 13 of 1994;

Act 14 of 2000;

Act 16 of 2004.

SI 48 of 1974.

PART I
PRELIMINARY

 

1.   Short title

This Act may be cited as the Prisons Act.

[S 1 am by s 1 of Act 14 of 2000.]

 

2.   Interpretation

In this Act, unless the context otherwise requires—

“appellant prisoner” means any convicted criminal prisoner who is detained in prison as a result of a conviction which is the subject-matter of an appeal, notice of which has been accepted but the decision in regard to which has not been given;

“approved school” has the meaning assigned to it in the Juveniles Act;

“Assistant Commissioner” means an assistant Commissioner of Prisons;

“civil prisoner” means a prisoner other than a criminal prisoner;

“Commissioner” means the Commissioner of Prisons;

“Convicted criminal prisoner” means any criminal prisoner under sentence of a court or court-martial;

“court” means any court or authority entitled to pass a sentence in a criminal case or to order a person to be detained in custody in any case;

“criminal prisoner” means any person duly committed into custody under writ, warrant or order of any court exercising criminal jurisdiction or by order of a court-martial;

“Deputy Commissioner” means the Deputy Commissioner of Prisons;

“district messenger” has the meaning assigned to it in section 2 of the District Messengers Act;

<FT:Verdana,SN>“Director” means the Director of health services appointed under section 16A;

[Ins by s 2 of Act 16 of 2004.]

“junior officer” means a prison officer of one of the ranks of junior officers set out in the Schedule;

“juvenile” means a person under the apparent age of nineteen years;

“major prison offence” means an offence declared to be a major prison offence under section 91;

“mechanical restraint” means restraint by the use of handcuffs, leg irons, straight jacket, or any other form of restraint approved by the Minister;

“medical officer” means a person appointed or nominated or engaged as medical officer of a prison under section 16;

“minor prison offence” means an offence declared to be a minor prison offence under section 90;

“officer in charge” means the person appointed to be in charge of a prison in pursuance of the provisions of section 5;

“official visitor” means a person appointed as such under section 128;

“Parole” means the conditional release of a convicted offender from a penal or correctional institution, under the continued custody of the State, to serve the convicted offender ‘s remainder of sentence in the community under supervision;

[Ins by s 2 of Act 16 of 2004.]

“Parole Board” means the National Parole Board established under section one hundred and thirteen A;

[Ins by s 2 of Act 16 of 2004.]

“penal diet” means such penal diet as may be prescribed in rules made under section 146;

“prison” means any building, enclosure or place or part thereof, declared to be a prison under section 3, or deemed to have been so established as provided in section 147 and includes a temporary prison established under section 4 and a youth corrective centre deemed to be a prison under section 133;

“prison offence” means a minor prison offence or a major prison offence;

“prison officer” means any member of the service and includes any public officer seconded to the service;

“prisoner” means any person, whether convicted or not, under detention in any prison;

“probation officer” means a probation officer appointed under the Probation of Offenders Act;

“prohibited article” means any article which is not issued to any prisoner by authority of the officer in charge, with the approval of the Commissioner, or an article the introduction or removal of which into or out of a prison is prohibited by this Act or by any rule made thereunder;

“receiving centre” has the meaning assigned to it in the Juveniles Act;

“reduced diet” means such punishment diet as may be prescribed in rules made under section 146;

“reformatory” has the meaning assigned to it in the Juveniles Act;

“senior officer” means a prison officer of one of the ranks of senior officers set out in the Schedule;

“subordinate officer” means a prison officer of one of the ranks of subordinate officers set out in the Schedule and includes any person into whose custody prisoners are given under sub-section (5) of section 71;

“the service” means the Zambia prison service established under section 8;

“unconvicted prisoner” means any person, not being a convicted prisoner, duly committed to custody under a writ, warrant, or order of any court or any order of detention issued by any person authorised thereto by any law, or by order of a court-martial;

“visiting justice” means a visiting justice specified in section 124 or 125;

“weapon” means any firearm, baton, tear smoke, or such other instrument as may be prescribed;

“young prisoner” means a prisoner under the apparent age of twenty years;

“youth corrective centre” means any building, enclosure or place, or any part thereof declared to be a youth corrective centre under section 133.

PART II
ESTABLISHMENT AND CONTROL OF PRISONS

 

3.   Declaration of prisons

   (1) The Minister may, by Gazette notice, declare any building, enclosure or place, or any part thereof, to be a prison, and may, in a like manner, declare that any prison shall cease to be a prison.

   (2) Every prison shall include the grounds and buildings within the prison enclosure and also any other grounds or buildings belonging or attached thereto and used by prisoners or the staff of the prison.

   (3) In any writ, warrant or other legal instrument in which it may be necessary to describe a particular prison, any description designating a prison by reference to the name of the place or town where it is situated, or other definite description, shall be valid and sufficient for all purposes.

 

4.   Temporary prisons

   (1) Whenever—

      (a)   it appears to the Commissioner that the number of prisoners in any prison is greater than can be conveniently kept therein and that it is not convenient to transfer the excess number to some other prison; or

      (b)   owing to the outbreak of epidemic disease within a prison or for any other reason, it is desirable to provide for the temporary shelter or safe custody of any prisoners; the Commissioner may establish a temporary prison in any building, enclosure or place, or part thereof.

   (2) The Commissioner may, with the approval of the Minister, direct the Regional Commanding Officer to provide shelter in temporary prisons for the sale custody of such number of prisoners as cannot be conveniently or safely kept in the prison.

[S 4(2) subs by s 3 of Act 16 of 2004.]

   (3) The Commissioner may cancel the establishment of a temporary prison.

4A.   Regional Commanding Officer

   (1) The Commissioner shall appoint for every region a Regional Commanding Officer below the rank of the Deputy Commissioner on the advice of the Police and Prisons Service Commission.

   (2) A Regional Commanding Officer shall—

      (a)   be responsible to the Commissioner for the conduct and treatment of all prison officers and prisoners in the Regional Commanding Officer’s region;

      (b)   Supervise and control all prisons and officers and officers in charge of prisons in the Regional Commanding Officer’s region;

      (c)   Keep or cause to be kept such records as the Commissioner may direct; and

      (d)   Ensure that all prison officers and prisoners observe the provisions of this Act and any regulations, directions and orders made under it.

[S 4A ins by s 4 of Act 16 of 2004.]

 

5.   Officer in charge

   (1) The Commissioner shall appoint for every prison an officer in charge who in the performance of their functions shall be subject to the direction and control of the Regional Commanding Officer.

[S 5(1) subs by s 5(a) of Act 16 of 2004.]

   (2) Every officer in charge shall supervise and control all matters in connection with the prison to which he is appointed, and shall keep or cause to be kept such records as the Regional Commanding Officer may from time to time direct and shall be responsible to the Commissioner for the conduct and treatment of prison officers and prisoners under his control, and for the due observance by such officers and prisoners of the provisions of this Act and of all rules, directions and orders made or given thereunder.

[S 5(2) am by s 5(b) of Act 16 of 2004.]

   (3) Every officer in charge shall be responsible for the safe custody of arms, accoutrements, ammunition, clothing and all other public stores and foodstuffs issued and delivered for the use of the prison, the prison officers and the prisoners under his control, and all public money for which he may be held accountable, and also, subject to the provisions of this Act and of any rules made thereunder, for all valuables, money, articles of clothing and other property entrusted to his keeping as being the property of prisoners, and shall account for the same in the event of their being lost or damaged otherwise than by unavoidable accident, theft, robbery or lawful use.

   (4) Where an officer in charge appointed under subsection (1) is absent from the office or is for any reason unable to discharge the functions of the office of officer in charge, a prison officer of the senior-most rank in that prison shall temporarily assume charge of the prison until another officer in charge is appointed.

[S 5(4) ins by s 5(c) of Act 16 of 2004.]

 

6.   Police officers may act as prison officers

   (1) Where in any prison the number of prison officers detailed for duty in the prison is insufficient to secure the good management and government of the prison the Regional Commanding Officer shall, with the consent of the Commissioner and the Minister, employ such number of temporary prison officers as the Regional commanding Officer considers necessary for the good management and government of the prison.

[S 6(1) subs by s 6(a) of Act 16 of 2004.]

   (2) A prison officer temporarily employed in pursuance of the provisions of sub-section (1) shall exercise and perform in the prison concerned the functions of a prison officer of the rank specified by the officer in charge and shall, for the purposes of this Act, be deemed to be a prison officer of that rank:

Provided that no such prison officer shall by reason of this section be a member of the service.

[S 6(2) am by s 6(b) of Act 16 of 2004.]

   (3) A temporary prison officer to whom a prisoner is delivered under any provision of this Act shall, while the prisoner is in his charge or custody have the same powers and be subject to the same responsibilities, discipline and penalties and to the same authorities as a prison officer would have and be subject to in like circumstances.

[S 6(3) am by s 6(c) of Act 16 of 2004.]

7.   Women prison officers to care for and discipline female prisoners

   (1) Subject to subsection (1), in every prison in which women prisoners are imprisoned there shall be women prison officers who shall have care and the superintendence of the women prisoners, and who shall be responsible for their discipline.

   (2) Notwithstanding subsection (1), a male prison officer may be employed in a prison where women prisoners are imprisoned and a female prison officer may be employed in a prison where men prisoners are imprisoned:

Provided that whenever—

      (a)   any male prison officer who is employed in a prison where women prisoners are imprisoned is on duty the male prison officer shall be accompanied by a female prison officer; and

      (b)   any female prison officer who is employed in a prison where men prisoners are imprisoned is on duty the female prison officer shall be accompanied by a male prison officer.

[S 7 subs by s 7 of Act 16 of 2004.]

PART III
CONSTITUTION AND ADMINISTRATION

 

8.   Zambia Prison Service

There is hereby established a police force to be known as the Zambia Prison Service for the management and control of prisons and prisoners lodged therein.

   (1) The service shall consist of persons appointed to or deemed under this Act to have been appointed to any of the ranks set out in the Schedule.

   (2) The Minister may, by statutory instrument, amend the Schedule.

 

9.   Membership of Service

   (1) The service shall consist of persons appointed to or deemed under thios Act to have been appointed to any of the ranks set out in the Schedule.

   (2) The Minister may by statutory instrument, amend the Schedule.

 

10.   Commissioner of Prisons

   (1) There shall be a Commissioner of Prisons who shall be a public officer.

   (2) The administration of the service and the control and supervision of all prisoners shall be vested in the Commissioner, subject to the direction of the Minister.

 

11.   Commissioner empowered to make standing orders

The Commissioner may, subject to the provisions of this Act, make standing orders and give administrative directions for observance by all prison officers.

 

12.   Functions of Deputy Commissioner and delegation to Assistant Commissioner

   (1) The person holding the office of Deputy Commissioner of Prisons may, subject to any orders or directions of the Commissioner, exercise and perform all or any of the functions of the Commissioner.

   (2) The Commissioner may, unless a contrary intention appears in this Act or any other written law, delegate any of his functions to any person holding the office of an Assistant Commissioner.

 

13.   Charge of prison in which no officer in charge appointed

   (1) Where an officer in charge has not been appointed for a prison, the prison shall, until a prison officer is appointed to be officer in charge thereof, be in the charge of such public officer as the Minister may designate and the person so designated shall, in matters relating to the prison and prisoners, be subject to the orders and directions of the Commissioner and shall be deemed to be the officer in charge of the prison and shall for that purpose have all the functions conferred and imposed by this Act upon an officer in charge, subject to any express limitations of those functions imposed by the Commissioner.

   (2) The Commissioner may authorise the employment of district messengers in any such prison as is mentioned in sub-section (1) as prison officers for the purpose of this Act and, when employed in such capacity, such district messengers shall be deemed, in matters relating to the prison and prisoners, to be prison officers of such rank as the Commissioner may specify for the purpose of this Act and shall for that purpose have all the functions conferred and imposed by this Act upon a prison officer of that rank:

Provided that no such district messenger shall by reason of this section be a member of the service.

 

14.   Payments due to prison officers and other persons employed in prisons leaving the prison service may be set off

A sum due to a prison officer or other person employed in prisons or to his estate by way of salary, refund of pension contributions, pension or any other benefit whatsoever may be set off against a sum payable to the Government by the prison officer or other person employed in prisons on or at the time of his retirement, resignation, loss of office, death, discharge or other termination of service, as the case may be.

 

15.   Minister may appoint committee of inquiry

   (1) The Minister may, whenever he deems it necessary or desirable, appoint a committee of two or more persons of whom—

      (a)   one shall be the Commissioner or the Deputy Commissioner or an Assistant Commissioner;

      (b)   the other or others shall be an officer or officers of the public service;

to inquire into and report to him on the conduct, management or administration of any prison or any matter connected therewith or incidental thereto.

   (2) For the purposes of any such inquiry as aforesaid, a committee appointed under sub-section (1) shall have the powers, rights and privileges conferred upon Commissioners by the Inquiries Act, and the provisions of that Act shall mutatis mutandis apply to any inquiry by a committee under this section and to any person summoned to give evidence or giving evidence before it.

PART IV
ESTABLISHMENT OF PRISON HEALTH SERVICE

[Heading am by s 8 of Act 16 of 2004.]

 

16.   Establishment of Prison Health Service

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

[S 16 subs by s 9 of Act 16 of 2004.]

16A.   Director of health services

   (1) The Commissioner shall appoint a Director of health services on the advice of the Minister responsible for health and on the recommendation of the Police and Prisons Service Commission.

   (2) The Director shall—

      (a)   be responsible for the efficient and effective day to day administration of the Prison Health Service; and

      (b)   supervise the medical officers appointed under section 17.

[S 16A ins by s 10 of Act 16 of 2004.]

 

17.   Medical Officers

   (1) <FT:Verdana,SN>The Commissioner shall, with the concurrence of the Minister responsible for health, appoint for each prison such number of medical officers as shall be necessary for the provision of health care to the prisoners in that prison.

   (2) <FT:Verdana,SN>Subject to the provisions of this Act, any medical officer appointed under subsection (1) shall have the general care of the health of prisoners and shall visit the prison daily where practicable or when called upon by the officer in charge.

   (3) A medical officer shall report to the officer in charge any circumstances connected with the prison or the treatment of prisoners which appear to the medical officer to require consideration on medical or health grounds.

   (4) Where no medical officer is appointed under subsection (1), a Government medical officer in the district in which a prison is situated and who is nominated for duty as medical officer of the prison by the director of medical services with the concurrence of the Director shall be the medical officer of the prison.

   (5) During any period the medical officer appointed or nominated as medical officer of a prison under subsection (4) is absent or is not available for duty, the officer in charge of the prison may, with concurrence of the Director, engage temporarily any medical practitioner as medical officer and the medical practitioner so engaged shall exercise and perform in the prison the functions of a medical officer and shall, for the purposes of this Act, be deemed to be the medical officer.

[S 17 subs by s 11 of Act 16 of 2004.]

 

18.   Medical inspection

   (1) The medical officer shall, where practicable, ensure that every prisoner is medically examined on admission to and before discharge from a prison, and shall perform such other duties as may be prescribed, and shall ensure that a record is kept of the state of health of every prisoner.

   (2) Until he has been examined by the medical officer, every prisoner on admission shall, so far as practicable, be kept apart from other prisoners.

 

19.   Observation of prisoners charged with capital offence

The medical officer shall observe the mental condition of all prisoners under sentence of death or charged with a capital offence and, for this purpose, shall personally examine those prisoners on every day on which he visits the prison, and shall furnish reports on those prisoners to the officer in charge in such form and at such times as <FT:Verdana,SN>as the Commissioner may by standing order prescribe.

[S 19 am by s 12 of Act 16 of 2004.]

 

20.   Examination of prisoners in separate confinement or in hospital

The medical officer shall ensure that every prisoner under sentence of death, or charged with a capital offence, or in separate confinement, or in hospital in prison, is medically examined every day on which the medical officer visits the prison.

 

21.   Powers of officer in charge to order prisoners to be examined

An officer in charge may order a prisoner to submit himself to medical examination and treatment as often as such officer thinks necessary.

 

22.   Death of prisoner

The medical officer shall, on the death of any prisoner, otherwise than by lawful execution, record in a register to be kept for such purpose the following particulars, so far as they can be ascertained—

      (a)   the day on which the deceased was sentenced;

      (b)   the day on which he was admitted to prison;

      (c)   the day on which he first complained of illness, or was observed to be ill, and the labour, if any, on which he was engaged on that day and the scale of his diet on that day;

      (d)   whether, and if so the day on which, he was admitted to hospital;

      (e)   the day on which the medical officer or his subordinate was first informed of the illness;

      (f)   the nature of the disease;

      (g)   when the deceased was last seen before death by the medical officer or his subordinate;

      (h)   when the prisoner died and, in cases where a postmortem examination is made, an account of the appearance after death, together with any special remarks that may appear to the medical officer to be required; and

      (i)   his opinion as to the cause of death.

 

23.   Notification of death of prisoner

Upon the death of a prisoner, the officer in charge shall at once notify a magistrate or coroner, and the medical officer of the prison and shall arrange for compliance with the appropriate provisions of the Inquests Act.

PART IVA
ATTESTATION, SERVICE AND DISCHARGE OF PRISON OFFICERS

[Part IVA ins by s 13 of Act 16 of 2004.]

23A.    Attestation

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

23B.   Declaration on joining the service

   (1) A person shall on joining the Service make and sign a declaration before a magistrate or a senior prison officer in such manner as may be declared to be binding on that person’s conscience.

   (2) A person on joining the Serve shall, before making a declaration required in subsection (1), answer truthfully any question put to that person as to that person’s previous service in any military, naval, air force or police force, and as to whether that person has at any time been convicted in Zambia or elsewhere and been sentenced to a term of imprisonment of not less than six months without the option of a fine.

23C.   Prolongation of service in case of war

Any prison officer who resigns or whose period of service expires during any state of war, insurrection or hostilities may be restrained from resigning or retiring from the Service and the service of that prison officer shall be prolonged for such further period as the President may direct.

23D.   Termination of appointment of certain prison officers

   (1) The appointment of a prison officer by the Police and Prisons Service Commission may within six months of making and signing the declaration prescribed under section 23B, be terminated on 14 days’ notice on either side or payment of fourteen days’ salary in lieu of notice.

   (2) Notwithstanding subsection (1) the Commission may discharge a prison officer—

      (a)    who is unfit to work due to ill health

      (b)    for misconduct;

      (c)    for providing false information on attestation or in the course of duty; or

      (d)    who is charged with a disciplinary offence under this Act.

23E.   Release on completion of service

   (1) Subject to the provision of this Act, a prison officer who has completed that officer’s period of service shall be retired by the Police and Prison Service Commission and released from service by the officer in charge of the prison at the place where that prison officer is stationed unless at the date of completion of service, the prison officer is charged with a disciplinary offence under this Act and the case is still pending:

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Provided that where a prison officer is stationed at the Service headquarters, a regional headquarters or at the Ministry responsible for home affairs the prison office shall be released from service by the head of the station.

   (2) Where a prison officer commits a disciplinary offence under this Act the prison officer’s period of service shall be prolonged and the prison officer’s release from service deferred until that prison officer is—

      (a)   tried by a court of law; or

      (b)   has undergone disciplinary proceedings under this Act and any punishment imposed by a court or disciplinary authority in respect of that offence is enforced.

   (3) A prison officer shall remain subject to the provisions of this Act until that prison officer has received a certificate of service.

23F.   Arms and accoutrements to be delivered up on ceasing to belong to the Service

   (1) Where a person ceases to be a member of the Service, that person shall forthwith deliver up to a prison officer appointed by the Commissioner for that purpose, or to the officer in charge of the prison at the place at which that person was last stationed, all arms, ammunition, accoutrements, uniforms and other equipment which were supplied to that person and are the property of the Government.

   (2) Any person who, having ceased to be a member of the Service, fails to deliver up any arms, ammunition, accoutrements, uniform or other equipment in the possession of that person as required under this section commits an offence and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a term of three months, or to both.

   (3) Subject to the provisions of this section the court, which convicts a person may issue a warrant to search for and seize all such arms, ammunition, accoutrements, uniform and other equipment not delivered up.

PART V
POWERS, DUTIES AND PRIVILEGES OF PRISON OFFICERS

 

24.   General powers and duties of prison officers

Every prison officer shall exercise and perform such functions as are by law conferred or imposed on prison officers of his rank and shall obey all lawful directions in respect of the execution of the duties of his office which he may from time to time receive from officers senior in rank to him.

 

25.   Prison officer to have powers of police officer

Subject to the provisions of this Act, every prison officer while acting as such shall have all the powers, authority, protection and privileges of a police officer.

 

26.   Duties of prison officers

   (1) Every prison officer shall be deemed to be available for duty at all times and may at any time be detailed for duty in any part of Zambia.

   (2) No prison officer shall be concerned in any employment other than the duties assigned to him in accordance with the provisions of this Act.

 

27.   Power to examine persons or vehicles

   (1) A prison officer may examine anything within, or being brought into or taken out of, a prison, and may stop and search or cause to be stopped and searched any vehicle or person within a prison, or going into or out of a prison, or, whether within or without a prison, any person who, or any vehicle which, is without authority close to a prisoner or prisoners if he has reason to suspect that such person or vehicle is carrying a prohibited article or any property belonging to the Government in use in a prison.

   (2) The senior officer on duty in a prison may refuse admission to the prison to any person who is not willing to be searched.

   (3) The senior officer on duty in a prison may order any person within a prison who refuses to be searched to leave the prison and, if such person refuses to leave, may cause him to be removed from the prison and for that purpose may use such force as may be necessary.

   (4) If, on the stopping and searching of any vehicle or person under the provisions of sub-section (1), a prison officer finds any prohibited article or any property belonging to the Government in use in a prison, he may arrest that person or the person on the vehicle who appears to have charge of the article or property and shall as soon as practicable cause any such person to be made over to a police officer, or, in the absence of a police officer, to be taken to the nearest police station.

   (5) Any search of a person under this section shall be made by an officer of the same sex as the person to be searched.

[S 27(5) subs by s 14 of Act 16 of 2004.]

 

28.   Punishment by subordinate officers

No subordinate officer shall punish a prisoner unless lawfully ordered so to do by the Commissioner, Regional Commanding Officer or by an officer in charge.

[S 28 am by s 15 of Act 16 of 2004.]

 

29.   Use of weapons by prison officers

   (1) Subject to the provisions of this section, a prison officer may use a weapon against—

      (a)   a prisoner who is—

      (i)   escaping or attempting to escape; or

      (ii)   engaged in a combined outbreak or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of the prison; or

      (iii)   using violence to him or another prison officer or another prisoner or other person; and

      (b)   a person who—

      (i)   whilst assisting a prisoner to escape, is using violence to the prison officer or another prison officer or other person; or

      (ii)   is engaged in a combined break-in or in an attempt to force, break open or scale the outside door, gate, fence or enclosure wall of the prison or an inside door, gate, fence or wall of the prison; or

      (iii)   whilst engaged in any activity mentioned in sub-paragraph (ii), is using violence to the prison officer or another prison officer or other person.

   (2) Resort shall not be had to the use of a weapon—

      (a)   as in sub-paragraph (i) of paragraph (a) of sub-section (1) is authorised, unless—

      (i)   the prison officer has reasonable grounds to believe that he cannot otherwise prevent the escape; and

      (ii)   the prison officer gives warning to the prisoner that he is about to use the weapon against him; and

      (iii)   the warning given by the prison officer is unheeded;

      (b)   as in sub-paragraph (iii) of paragraph (a) and subparagraphs (i) and (iii) of paragraph (b) of sub-section (1) is authorised, unless the prison officer has reasonable grounds to believe that he or the other prison officer or other person, as the case may be, is in danger of suffering grievous bodily harm.

   (3) No prison officer shall in the presence of a prison officer senior to himself make use of a weapon as in sub-section (1) is authorised, except on the orders of the senior prison officer.

   (4) In every case when force is used a prison officer shall use the minimum force necessary in the circumstances and the use of weapons, in pursuance of the provisions of this section, shall be as far as possible to disable and not to kill.

 

30.   Prison officer’s power to arrest

For the purpose of apprehending any person who may have escaped from lawful custody, a prison officer shall have power to arrest such person and to convey him to a prison and in the case of a juvenile to a receiving centre.

 

31.   Power to take photographs, fingerprints, etc., of a prisoner

An officer in charge may cause photographs, measurements, footprints and casts thereof, palm prints and fingerprints to be taken of any prisoner by any prison officer or other person authorised by the Commissioner in that behalf, and where any prisoner refuses to permit his photographs, measurements, footprints or casts thereof, palm prints or fingerprints to be taken, the officer in charge may use or may cause to be used such force as may be necessary to secure them:

Provided that the photographs, measurements, footprints and casts thereof, palm prints and fingerprints of an unconvicted prisoner who is not subsequently convicted shall be destroyed upon the prisoner’s release by the court.

 

32.   Non-liability for act done under authority of warrant

   (1) Where the defence to any suit instituted against a prison officer is that the act complained of was done in obedience to a warrant purporting to be issued by a Judge, magistrate or other competent authority, the court shall, upon production of the warrant containing the signature of the Judge or magistrate and upon proof that the act complained of was done in obedience to such warrant, enter judgment in favour of the prison officer.

   (2) No proof of the signature of such Judge or magistrate as aforesaid shall be required unless the court has reason to doubt the genuineness thereof and, where it is proved that the signature is not genuine, any act done by the prison officer under or in pursuance of the warrant shall nevertheless be lawful and judgment shall be given in favour of the prison officer if it is proved that, at the time when the act complained of was committed, he believed on reasonable grounds that the signature was genuine.

PART VI
OFFENCES BY AND IN RELATION TO PRISON OFFICERS

 

33.   Mutiny or sedition

Any prison officer who mutinies and any prison officer or other person who, directly or indirectly, instigates, commands, counsels, or solicits any mutiny or sedition amongst any prison officers or prisoners or disobedience to any lawful command given by any prison officer, or who attempts to seduce any prison officer from his allegiance or duty, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years, or both.

[S 33 am by Act 13 of 1994, s 16 of Act 16 of 2004.]

 

34.   Absence from duty and desertion by prison officers

   (1) No prison officer shall withdraw himself from duty unless expressly permitted to do so by the Commissioner or by some other prison officer authorised to grant permission.

   (2) Any prison officer who withdraws himself from duty contrary to sub-section (1) or deserts shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

   (3) Any prison officer who absents himself from duty without reasonable cause for a period of twenty-one days shall be deemed to be a deserter.

   (4) Any prison officer or police officer may without warrant apprehend any prison officer whom he has reason to believe is a deserter from the service and shall take him forthwith to a police station and lay a charge against him.

[S 34 am by Act 13 of 1994.]

 

35.   Inciting prison officer to desert

Any person who by any means, directly or indirectly, procures or persuades, or attempts to procure or persuade, any prison officer to desert, or who aids, abets, or is accessory to the desertion of any prison officer or who harbours such deserter, or aids him in concealing himself or assists in his rescue, shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 35 am by Act 13 of 1994.]

 

36.   Assault on officer senior in rank

Any prison officer who shall assault, threaten or insult any officer senior to him in the service, when such senior officer is on duty or when such assault, threat or insult shall relate or be consequent upon the discharge of duty by the officer assaulted, threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding one year, or to both.

[S 36 am by Act 13 of 1994.]

 

37.   Miscellaneous offences by prison officers

Every prison officer who without lawful authority—

      (a)   knowingly suffers any intoxicating liquor, tobacco, dagga or hemp, drug, opiate, money, clothing, provisions, letter, document or other article to be sold or received from or used by or on behalf of any prisoner; or

      (b)   lends or gives to any prisoner any intoxicating liquor, tobacco, dagga or hemp, opiate, money, clothing, provisions, letter, document or other article; or

      (c)   knowingly suffers any letter, document or other article to be brought out of any prison, or to be conveyed from any prisoner; or

      (d)   without the permission of the Commissioner, informs the press or any other person of any matter concerning a prison or a prisoner or any matter derived from official sources connected with or related to the service;

shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding one year, or to both.

[S 37 am by Act 13 of 1994.]

 

38.   Other offences

   (1) No prison officer or any person with any duty with prisoners shall sell or supply, or receive directly or indirectly any benefit or advantage from the sale or supply of, any article to or for the use of any prisoner or for the use of any prison nor shall any such officer or person, directly or indirectly, have any interest in any contract or agreement for the sale or supply of any such article.

   (2) No prison officer or any person with any duty with prisoners shall, directly or indirectly, have any pecuniary interest in the purchase of any prison supplies or receive any discount, gift or other consideration from any contractor for or seller of such supplies, or have any pecuniary dealing with any prisoner or with any friend of any prisoner with regard to him, or on behalf of any prisoner hold any unauthorised communication with any person.

   (3) Any prison officer or person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 38 am by Act 13 of 1994.]

 

39.   Prison officers not to be members of trade unions

   (1) It shall not be lawful for any prison officer to be or to become a member of—

      (a)   any trade union or anybody or association affiliated to a trade union;

      (b)   any body or association the objects or one of the objects of which is to control or influence conditions of employment in any trade or profession; or

      (c)   any body or association the object or one of the objects of which is to control or influence the pay, pensions, or conditions of service of the service.

   (2) Nothing in sub-section (1) shall be deemed to prohibit prison officers becoming members of any prison officers staff association established or constituted pursuant to rules made under this Act.

   (3) Any prison officer who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding seven hundred and fifty penalty units or to imprisonment for a period not exceeding three months, or to both.

   (4) A prison officer convicted of an offence under this section shall be liable to be dismissed from the service.

   (5) If any question arises as to whether anybody is a trade union or a body or association affiliated to a trade union within the meaning of this section, the question shall be decided by the Industrial Relations Court, subject to the right to appeal to the Supreme Court.

[S 39(5) am by s 17 of Act 16 of 2004.]

   (6) For the purposes of this section, “trade union” has the same meaning as it has in the Industrial and Labour Relations Act.

[S 39 am by Act 13 of 1994.]

 

40.   Prison officers not to engage in dealings with prisoners

   (1) No prison officer shall accept any fee, gratuity or reward from, or knowingly have any business dealings with prisoners or discharged persons or with friends of visitors or with visitors to the prison.

   (2) No prison officer shall correspond with or hold any dealings with friends of any prisoner, unless expressly authorised to do so by the officer in charge.

   (3) No prison officer shall, save in accordance with orders or directions issued by the Commissioner, communicate with or convey any communication or article to or from any prisoner.

   (4) A prison officer who contravenes a provision of sub-section (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 40 am by Act 13 of 1994.]

PART VII
DISCIPLINE OF PRISON OFFICERS

 

41.   Methods of dealing with disciplinary matters

   (1) Disciplinary control over prison officers of or above the rank of Superintendent shall be exercised as is provided in the Police and Prisons Service Commission Regulations.

[S 41(1) am by s 18(a) of Act 16 of 2004.]

   (2) Disciplinary control over prison officers below the rank of Assistant Superintendent shall be exercised as is provided in this Part.

[S 41(1) am by s 18(b) of Act 16 of 2004.]

 

42.   Reduction in rank or dismissal of prison officer

(1) The Commissioner may recommend to the Police and Prisons Service Commission—

      (a)   the reduction in rank of any prison officer below the rank of Assistant Superintendent who is found guilty of a disciplinary offence the circumstances of which warrant such reduction; or

      (b)   the dismissal of any prison officer below the rank of Assistant Superintendent who is sentenced to a term of imprisonment for a period of six months or more.

   (2) A prison officer who is reduced in rank or dismissed under this section may appeal against the reduction in rank or dismissal in the manner provided in regulation 42 of the Police and Prison Service Commission Regulations.

[S 42 subs by s 19 of Act 16 of 2004.]

 

43.   Offences against discipline by junior or subordinate officers

Any junior or subordinate officer commits an offence against discipline if he is guilty of—

      (a)   disobedience to orders, that is to say, if he disobeys, or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise;

      (b)   insubordinate or oppressive conduct, that is to say, if he—

      (i)   is disrespectful in word, act or demeanour to a prison officer superior to him in rank;

      (ii)   is oppressive or tyrannical in conduct towards a prison officer inferior to him in rank;

      (iii)   uses obscene, abusive or insulting language to any other prison officer or to any prisoner;

      (iv)   assaults any other prison officer;

      (v)   offers or uses unwarranted personal violence on any person in his custody;

      (vi)   wilfully or negligently makes any false complaint against any other prison officer, or prisoner, or wilfully suppresses any material facts, or makes or joins in making any anonymous complaints;

      (vii)   talks or is inattentive or otherwise misbehaves himself on parade;

      (viii)   being under arrest or confinement, leaves or escapes from his arrest or confinement before he is set at liberty by proper authority;

      (ix)   resists an escort whose duty it is to apprehend him or to have him in charge;

      (c)   neglect of duty, that is to say, if he—

      (i)   neglects, or without good and sufficient cause omits, promptly and diligently to attend to or carry out anything which it is his duty to attend to or carry out;

      (ii)   idles or gossips or sits or lies down without reasonable cause when on duty;

      (iii)   sleeps when on duty;

      (iv)   leaves his post before being lawfully relieved, except in fresh pursuit of any offender whom it is his duty to apprehend;

      (v)   by his neglect or default allows, or contributes to, the escape of any prisoner;

      (vi)   fails to make or send a report or return which it is his duty to make or send;

      (vii)   assists or connives with any prisoner in having or obtaining any prohibited article;

      (viii)   neglects or refuses to assist in the apprehension of any prison officer whom he has been ordered to arrest;

      (ix)   without reasonable cause omits to make any necessary entry in any official document, book or paper;

      (d)   discreditable conduct, that is to say, if he—

      (i)   acts in a disorderly manner, or in any manner prejudicial to discipline or likely to bring discredit on the reputation of the service;

      (ii)   lends money to any prison officer superior in rank to him or borrows money from or accepts any present from any prison officer inferior in rank to him;

      (iii)   incurs debt in or out of the service without any reasonable prospect, or intention, of paying the same, or, having incurred any debt, makes no reasonable effort to pay the same;

      (iv)   if called upon by the Commissioner to furnish a full and true statement of his financial position, fails to do so;

      (e)   absence without leave or being late for duty, that is to say, if he—

      (i)   without reasonable cause or excuse is absent without leave from or is late for parade, or for any other duty;

      (ii)   leaves without right or permission or lawful reason any prison quarters or place to which he has been assigned;

      (f)   falsehood or prevarication, that is to say, if he—

      (i)   knowingly makes any false statement in any official book or document;

      (ii)   wilfully or negligently makes any false, misleading or inaccurate statement;

      (iii)   without good and sufficient cause destroys or mutilates any official document or record, or alters or erases any entry therein;

      (iv)   prevaricates before any committee of inquiry or at any proceedings where inquiry is being made into a disciplinary charge against any prison officer or prisoner;

      (g)   breach of confidence, that is to say, if he—

      (i)   divulges any matter which it is his duty to keep secret;

      (ii)   without proper authority communicates to the public, press, or to any unauthorised person any matter concerning the service;

      (iii)   without proper authority shows to any person outside the service any book or written or printed document the property of the service;

      (iv)   makes any frivolous or vexations complaint or makes a complaint in an irregular manner;

      (v)   signs or circulates any petition or statement with regard to any matter concerning the service, except through the proper channels of correspondence to the Commissioner;

      (vi)   calls or attends any unauthorised meeting to discuss any matter concerning the service;

      (h)   unlawful or unnecessary exercise of authority, that is to say, if he uses any unnecessary violence to any prisoner or other person with whom he may be brought into contact in the execution of his duty;

      (i)   malingering, that is to say, if he—

      (i)   feigns or exaggerates any sickness or injury with a view to evading duty;

      (ii)   while absent from duty on account of sickness neglects, or without good and sufficient cause omits, to carry out any instruction of a medical officer or of a member of the hospital staff, or acts or conducts himself in a manner calculated to retard his return to duty;

      (j)   uncleanliness, that is to say, if he while on duty, or while off duty in uniform in a public place, is without reasonable cause improperly dressed or dirty or untidy in his clothing or accoutrements;

      (k)   damage to property, that is to say, if he—

      (i)   wilfully or by carelessness causes any waste, loss or damage to any article of clothing, or accoutrements, or to any book, document or other property of the service, served out to him or entrusted to his care;

      (ii)   fails to report any such damage or loss as aforesaid, however caused;

      (l)   drunkenness, that is to say, if he—

      (i)   while on duty or off duty, is unfit for duty through the consumption of intoxicating liquor or drugs;

      (ii)   habitually uses to excess intoxicating beverages or habit forming drugs;

      (m)   entering licensed premises, that is to say, if he enters any public bar licensed for the sale of intoxicating liquor when on duty except when his presence is required in the execution of his duty;

      (n)   engaging in any employment or office other than his prison duties;

      (o)   uses any weapon without orders or just cause;

      (p)   neglecting or failing to report the fact that he is suffering from venereal or other contagious disease;

      (q)   shows cowardice in the course of his duty;

      (r)   any other act, conduct, disorder, or neglect to the prejudice of good order and discipline not herein specified;

      (s)   conniving at or knowingly being an accessory to any offence against discipline under this Act.

 

44.   Arrest and confinement of junior or subordinate officers for disciplinary offence

   (1) Any prison officer may arrest without warrant any junior or subordinate officer, not being an officer of his own or of senior rank, whom he suspects on reasonable grounds of having committed an offence against discipline.

   (2) A prison officer effecting an arrest under this section shall forthwith bring the officer arrested before the officer in charge, who shall cause the case to be heard without undue delay and may order the remand of the officer arrested in custody for so long as may reasonably be necessary.

   (3) Until such time as his case is heard in accordance with the provisions of this Act, any junior or subordinate officer arrested under such provisions may be confined in any prison quarters allocated for prison or guardroom purposes, or, if no other suitable quarters are available, in any prison quarters set apart for the detention of prisoners awaiting trial.

 

45.   Power to try junior officers

   (1) The Commissioner, or a senior prison officer authorized by the Commissioner, may inquire into any disciplinary offence alleged to have been committed by a Junior Officer and if satisfied that the offence has been committed, shall impose any of the following punishments—

      (a)   reprimand;

      (b)   severe reprimand;

      (c)   deferment of increment;

      (d)   withholding of increment; or

      (e)   fine:

Provided that prior to imposing any punishment under this subsection the Commissioner shall give the junior officer an opportunity to be heard during such inquiry.

[S 45(1) subs by s 20 of Act 16 of 2004.]

   (2) The junior officer may, if the junior officer so wishes, be present during the inquiry, and shall be given an opportunity to be heard during such inquiry.

[Editorial Note: Sub-clause (2) above has been introuduced by s 20 of Act 16 of 2004 without eliminating the pre-existing sub-clause (2)]

   (2) Where the Commissioner or a senior officer imposes any punishment on a junior officer in respect of an offence against discipline, he may order that such punishment be suspended for a period not exceeding six months and if during such period of suspension the offender commits no further offence against discipline such punishment shall not be carried into execution.

   (3) Where any punishment has been suspended under the provisions of sub-section (2) and the offender is found guilty of any further offence against discipline committed during the period of suspension, the suspended punishment shall forthwith be carried into effect.

   (4) Every punishment imposed by a senior officer other than the Commissioner under the provisions of this section shall be subject to confirmation by the Commissioner, and any such punishment shall remain in abeyance until the Commissioner has signified his decision thereon.

 

46.   Power to try subordinate officers

   (1) The Commissioner, a senior officer or officer in charge may inquire into any disciplinary offence alleged to have been committed by a subordinate officer and if satisfied that an offence has been committed, may impose any of the following punishments—

      (a)   reprimand;

      (b)   severe reprimand;

      (c)   deferment of increment;

      (d)   stoppage of increment;

      (e)   withholding of increment;

      (f)   forfeiture of one or more efficiency badges;

      (g)   fine not exceeding one-half of one month’s pay; or

      (h)   in the case of a subordinate officer undergoing training at the prison staff training school, extra drill for a period not exceeding seven days:

Provided that—

      (i)   the subordinate officer may if the subordinate officer so wishes be present during the inquiry and shall be given an opportunity to be heard during such inquiry; and

      (ii)   the proceedings and the results of the inquiry shall not be recorded in the personal records of the offending prison officer.

[S 46(1) subs by s 21 of Act 16 of 2004.]

   (2) Where the Commissioner or a senior officer or an officer in charge imposes any punishment on a subordinate officer in respect of an offence against discipline, he may order that such punishment be suspended for a period not exceeding six months and if during such period of suspension the offender commits no further offence against discipline such punishment shall not be carried into execution.

   (3) Where any punishment has been suspended under the provisions of sub-section (2) and the offender is found guilty of any further offence against discipline committed during the period of suspension, the suspended punishment shall forthwith be carried into effect.

   (4) Any punishment of a fine exceeding thirty penalty units, reduction in rank, stoppage, deferment or withholding increments of salary, forfeiture of efficiency badges or termination of service imposed by an officer in charge or a senior officer other than the Commissioner and any stoppage of pay imposed by an officer in charge where the stoppage exceeds one-half of one month’s pay of the offender under the provisions of this section shall be subject to confirmation by the Commissioner, and any such punishment shall remain in abeyance until the Commissioner has signified his decision thereon.

[S 46 am by Act 13 of 1994.]

 

47.   Procedure after imposition of punishment

   (1) The Commissioner may confirm or enhance, vary or remit any punishment referred to him for confirmation under the provisions of section 45 or 46.

   (2) Any prison officer upon whom a punishment of a fine exceeding five days’ pay or stoppage of pay exceeding five days’ pay or stoppage, deferment or withholding of increment of salary or reduction in rank or termination of service has been imposed under section 45 or 46 shall be entitled to appeal to the Police and Prisons Service Commission in the manner provided by section 48 against either the conviction or the punishment or both.

[S 47(2) am by s 22 of Act 16 of 2004.]

   (3) No punishment shall be enhanced under the provisions of sub-section (1) unless the offender has been given an opportunity of being heard.

 

48.   Prisons Advisory Board

   (1) There is hereby established a Prisons Advisory Board (in this Act referred to as the Board) consisting of a Chairman and such other persons not exceeding four in number as may be appointed by the President.

   (2) It shall be the duty of the Board to consider and advise the President on all appeals submitted to it under this Act.

   (3) Every appeal under section 42 or sub-section (2) of section 47 shall be submitted by the appellant to the Board within twenty-one days of the notification to the appellant of the decision of the Commissioner, senior officer or officer in charge, as the case may be.

   (4) The Board shall consider all appeals summarily unless it sees fit to direct that the appellant be heard either personally, or, with the permission of the Board, either by a friend who shall be an officer in the public service, or by a barrister or solicitor.

   (5) Upon the consideration of an appeal, the Board may, in its discretion, hear any evidence not given before the prison officer or the visiting justice who conducted the inquiry.

   (6) Upon the consideration of an appeal, the Board shall advise the President either—

      (a)   to dismiss the appeal if the Board considers that there is not sufficient ground for interfering with the decision from which the appeal is brought; or

      (b)   on an appeal against conviction—

      (i)   to reverse the finding and sentence and acquit or discharge the appellant or order him to be re-tried by a prison officer of competent jurisdiction; or

      (ii)   to alter the finding, maintaining the sentence, or, with or without altering the finding, to reduce or increase the sentence; or

      (iii)   with or without such reduction or increase, and with or without altering the finding, to alter the nature of the sentence; or

      (c)   on an appeal against sentence, to quash the sentence and pass such other sentence (whether more or less severe) which the prison officer who inquired into the offence might lawfully have passed.

   (7) The President, having considered the advice given by the Board, may exercise any of the powers set out in sub-section (6).

   (8) The powers conferred by sub-section (6) shall be exercised by the Board to the prejudice of the appellant only if he has had an opportunity of being heard either personally or by a friend or by a barrister or solicitor in accordance with the provisions of sub-section (4).

   (9) Section 50 shall apply mutatis mutandis to the consideration of an appeal by the Board as it applies to an inquiry by a prison officer into a disciplinary offence.

 

49.   Recovery of fines and stoppage of pay

   (1) A fine imposed on a prison officer by way of punishment for an offence against discipline under this Act may be recovered by stoppage of the offender’s pay due at the time of committing the offence and thereafter accruing due.

   (2) The amount of pay which may be stopped in any one month whether by way of recovery of a fine or by way of satisfaction of a punishment imposed under this Act or for any other cause authorised by this Act or by rules made thereunder shall be in the discretion of the prison officer or officer in charge by whom the punishment was imposed or, in any other case, of the officer in charge of the prison where the prison officer concerned is stationed, but shall not exceed one-half of the monthly pay of the offender and wherever more than one order of stoppage of pay is in force against a prison officer so much only of his monthly pay may be stopped as shall leave him a residue of at least one-half of his pay.

   (3) Where more than one order of stoppage of pay is made against a prison officer, the enforcement of the orders later in date shall be postponed, if necessary, until the earlier orders are discharged.

 

50.   Powers of officers holding disciplinary inquiries

   (1) A prison officer inquiring, under powers conferred on him by this Part, into a disciplinary offence alleged to have been committed by any other prison officer shall have power to summon and examine witnesses on oath or affirmation, to require the production of all documents relevant to such inquiry and to adjourn the inquiry from time to time, and for the purposes of the inquiry may administer oaths.

   (2) Any person summoned as a witness under sub-section (1) who fails to attend an inquiry at the time and place mentioned in the summons or on any adjournment thereof, or refuses to answer any questions lawfully put to him at the inquiry, shall be guilty of an offence and shall be liable to a fine not exceeding one hundred and fifty penalty units or to imprisonment for a period not exceeding one month:

Provided that no witness shall be asked or be obliged to answer any question which may tend to incriminate him or render him liable to any forfeiture or penalty.

[S 50 am by Act 13 of 1994.]

 

51.   Offence against discipline may be tried by subordinate court

   (1) In any case where it appears to the Commissioner, the senior officer or the officer in charge who is inquiring into an alleged offence against discipline that the offence alleged to have been committed would not, by reason of its gravity or by reason of previous offences or for any other reason, be adequately punished by any of the punishments provided in section 45 or 46, the Commissioner or senior officer or officer in charge, as the case may be, shall, without recording a finding, stay the proceedings and, in the case of an inquiry being held by a senior officer or an officer in charge, that officer shall transmit the proceedings to the Commissioner.

   (2) Where under sub-section (1) any proceedings have been stayed by the Commissioner or by a senior officer or an officer in charge, the Commissioner may order the accused to be taken before a subordinate court.

   (3) Where under sub-section (1) proceedings have been stayed and transmitted to the Commissioner, the Commissioner may, instead of ordering the accused to be dealt with by a subordinate court, himself hear and determine the case, or direct the case to be dealt with by the senior officer or the officer in charge who transmitted it or by any other prison officer.

   (4) Where an accused person is taken before a subordinate court under sub-section (2), he shall be liable on conviction for an offence against discipline to a fine not exceeding three months’ pay or to imprisonment for a period not exceeding six months, or to both.

 

52.   Search of prison officer and his quarters

   (1) A prison officer may at any time while within a prison be searched on the orders of a prison officer senior in rank to him.

   (2) The officer in charge may at any time order the living quarters occupied by another prison officer under his control to be searched by a prison officer senior in rank to that other prison officer.

 

53.   Interdiction of prison officer below rank of Superintendent

   (1) When any prison officer below the rank of Superintendent is accused of any offence against any law or under this Act, the Commissioner may interdict that officer from the exercise of the powers, functions and duties vested in him as a prison officer pending the result of the proceedings taken against that officer.

   (2) A prison officer who has been interdicted shall be allowed to receive such allowance equal to not less than one-half of the officer’s pay as the Commissioner shall think fit.

   (3) If the proceedings against a prison officer who has been interdicted do not result in his dismissal, such officer shall be entitled, subject to the provisions of this Act, to the full amount of the pay which he would have received if he had not been interdicted.

   (4) A prison officer shall not by reason of being interdicted cease to be a prison officer and accordingly he shall continue to be subject to the same responsibilities, discipline and penalties, and to the same authorities, as if he had not been interdicted.

   (5) The Commissioner may delegate all or any of the powers vested in him by this section to any other senior officer either by rank or name.

 

54.   Pay not to accrue during absence without leave or imprisonment

No pay shall accrue to any prison officer below the rank of Superintendent in respect of any period during which he is absent from duty without leave, or is undergoing any sentence of imprisonment:

Provided that—

      (i)   in any case, the Commissioner or any other prison officer not below the rank of Assistant Commissioner may in his discretion authorise the payment of such allowances, equal to not more than one-half of the officer’s pay, as he may think fit;

      (ii)   where a prison officer below the rank of Superintendent receives a free pardon or his conviction is quashed on appeal, pay shall accrue for any period when he was undergoing any sentence of imprisonment.

PART VIII
ADMISSION AND CONTROL OF PRISONERS

 

55.   Admission of prisoners

   (1) No person shall be admitted into a prison unless under the authority of and accompanied by—

      (a)   a remand warrant, order of detention, warrant of conviction or of committal under the hand of any person authorised to sign or countersign any such warrant or order under the provisions of any law;

      (b)   an order of a court-martial;

      (c)   a warrant of an immigration officer issued under the provisions of the Immigration and Deportation Act; or

      (d)   an order in writing signed by a police officer of or above the rank of Sergeant.

   (2) An order under paragraph (d) of sub-section (1) shall be valid only for such period as is necessary to obtain a warrant or order referred to in paragraph (a) of that sub-section and for no longer.

   (3) The officer in charge shall satisfy himself before the admission of a prisoner that the prisoner is the person named in the warrant or order of detention or order accompanying him, and that the warrant or order bears the signature of the proper authority lawfully authorised to issue it, and that it is in all other respects in order.

   (4) The officer in charge shall not refuse to accept any prisoner merely on the ground that there is an error on the face of any warrant or order of detention or order accompanying such prisoner, but shall take steps as soon as practicable to have the error corrected.

 

56.   Admission of infant child with woman prisoner

Subject to such conditions as may be specified by the Commissioner, the infant child of a woman prisoner may be received into the prison with its mother and may be supplied with clothing and necessaries at the public expense:

Provided that, when the child has attained the age of four years, the officer in charge, on being satisfied that there are relatives or friends of the child able and willing to support it, shall cause the child to be handed over to the relatives or friends, or, if he is not satisfied, shall, subject to any other written law, hand the child over to the care of such welfare authority as may be approved for the purpose by the Commissioner.

 

57.   Particulars of prisoner to be recorded

Upon the admission to prison of any person, the officer in charge shall cause to be recorded such particulars regarding that person as may be prescribed.

 

58.   Search of prisoners

Every prisoner shall be searched on admission, and at such time subsequently as may be prescribed, by a prison officer of his or her own sex, but not in the presence of a person of the opposite sex, and all prohibited articles shall be taken from him or her.

 

59.   Custody and disposal of money and other effects of prisoners

   (1) All money, clothes or other effects brought into a prison by any prisoner, or sent to a prison for his use, which he is not permitted to retain shall be placed in the custody of the officer in charge, who shall keep an inventory of the same, and all such money, clothes or other effects shall be returned to the prisoner when he is released or discharged.

   (2) Where any clothes of a prisoner are so old, worn out or dirty as to be unsuitable for further use, the officer in charge may order the same to be destroyed, and in that case, on the release or discharge of the prisoner, the officer in charge may, at the public expense, provide him with suitable clothing.

   (3) The officer in charge may refuse to take into prison any property of a prisoner which by reason of its bulk, nature or excessive quantity cannot be conveniently stored in the prison.

   (4) The Commissioner shall cause to be recorded the name or names of the person or persons to whom in the event of the death in prison of a prisoner without having made a valid will any money or movable property of the prisoner within the prison should be paid or delivered.

   (5) If, within six months after the release or discharge of a prisoner from prison or the death in prison of a prisoner, any money or movable property has not for any reason been paid or returned or delivered to the prisoner or to his personal representatives or to the person or persons whose name or names are recorded in his personal record pursuant to sub-section (4), the officer in charge shall furnish an inventory or description of such money or property to a subordinate court.

   (6) Where an inventory or description of money or property is furnished to a subordinate court under the provisions of sub-section (5), the court shall detain or give orders for the detention of the money or property and shall cause a notice to be posted in a conspicuous place at the court and at such other places as it deems fit specifying the money or property and calling on any person who may have any claim thereto to appear before the court and establish his claim within fourteen days of the date of the notice.

   (7) If no person shall, within fourteen days of the date of the notice mentioned in sub-section (6), claim the money or property specified in the notice, the court shall order that such of the property as does not consist of money may be sold or destroyed and that notice of any sale shall be displayed prominently at the court for a period of not less than fourteen days before the date fixed for the sale.

   (8) The proceeds of the sale of property sold under sub-section (7) and any money specified in the notice mentioned in sub-section (6) which is not paid to a claimant shall be paid into the general revenues of the Republic.

PART IX
CLASSIFICATION, CUSTODY AND REMOVAL OF PRISONERS

 

60.   Separation of prisoners

   (1) Male and female prisoners shall be kept apart and confined in separate prisons or in separate parts of the same prison in such manner as to prevent, as far as is practicable, any form of contact.

[S 60(1) am by s 23 of Act 16 of 2004.]

   (2) Subject to the provisions of sub-section (1), convicted and unconvicted prisoners of each sex shall be divided into the following classes—

      (a)   young prisoners;

      (b)   adults;

      (c)   first offenders;

      (d)   prisoners with previous convictions;

      (e)   prisoners suspected or certified as being of unsound mind;

      (f)   such other classes as the Commissioner may determine;

and, as far as the prison accommodation renders it practicable, each such class shall be kept apart from the other classes.

 

61.   Prisoners in custody of officer in charge

   (1) Every prisoner shall be in the lawful custody of the officer in charge and, subject to the provisions of this Act, shall remain in such lawful custody and be subject to prison discipline and to the provisions of this Act during the whole period of his imprisonment, whether he is or is not within the precincts of a prison.

   (2) Every officer in charge shall keep and detain all persons duly committed to his custody by any court or other competent authority according to the provisions of the warrant or order by which such person has been committed, or until such person is discharged by due process of law.

   (3) A prisoner who is being removed or transferred from a prison to another prison or to any other place shall, while outside the prison, be kept in the custody of the prison officer or police officer or probation officer authorised under this Act or any other written law to remove or convey him and shall, subject to the provisions of this Act or any other written law, be deemed to be in the lawful custody of the officer in charge of the prison from which such prisoner is being removed or transferred.

 

62.   Probation officer may have custody of prisoner

A probation officer may be authorised by a court to remove from prison any prisoner on remand in the prison, for the purpose of making inquiries at the direction of the court, and it shall be lawful for a prison officer to hand over custody of any such remand prisoner to a probation officer so authorised to remove him.

 

63.   Removal of juvenile to reformatory

   (1) Subject to sub-section (2), the Minister may, by order, direct the removal from prison to a reformatory of any juvenile who is serving a sentence of imprisonment and in that event the remainder of his sentence of imprisonment shall be deemed to be cancelled.

   (2) A juvenile shall not be removed under this section to a reformatory if the unexpired period of the term of his imprisonment is less than nine months.

   (3) Where a juvenile is removed under this section to a reformatory, he shall thereafter be treated as if he had been ordered to be detained in a reformatory and sections 98 to 107 of the Juveniles Act shall apply accordingly in relation to the juvenile except that his liability to be detained under section 102 of that Act shall continue until the expiration of his term of imprisonment and shall then determine.

   (4) An order made by the Minister under sub-section (1) shall be sufficient authority for the reception and detention of the juvenile named therein in a reformatory and shall, for the purposes of the aforesaid sections of the Juveniles Act, be deemed to be a reformatory order made under that Act.

 

64.   Production of prisoners in court

   (1) Where the attendance before a court of a person who is a prisoner is necessary for the purpose of giving evidence in any civil proceedings, the court may issue an order directed to the officer in charge of the prison where the prisoner is serving a sentence, requiring him to produce the prisoner at the time and place specified in the order, and the officer in charge shall arrange for compliance with such order.

   (2) The court before which any person is produced in accordance with an order issued in terms of sub-section (1) may give such directions as to the costs of compliance with the order as the court may deem fit.

 

65.   Prisoners under police escort

   (1) Prisoners on remand or committed for trial, who are required to attend any court, may be taken for that purpose into police custody at the prison to which they have been committed and shall remain under police supervision and guard until returned to the prison or discharged by the court.

   (2) Where on the removal of any prisoner from any prison the number of prison officers is insufficient to provide escort for such prisoner, the officer in charge of the prison from which the prisoner is to be removed may, with the general or special permission of the Commissioner of Police, deliver the prisoner to any police officer detailed for such duty.

   (3) While a prisoner is in the custody of a police officer in accordance with the provisions of this Act, he shall be deemed to be in lawful custody, and escape from the custody of the police officer shall be deemed to be escape from lawful custody for the purposes of any law.

 

66.   Statements to police officers

   (1) Subject to the provisions of sub-section (2), a police officer, with the approval of the officer in charge of a prison and on production of an order in writing from a police officer in charge of a police station or other police officer of or above the rank of Sub-Inspector, may, in the sight and hearing of a prison officer, interview within a prison any prisoner for purposes connected with the investigation of any offence whatsoever.

   (2) If the officer in charge of a prison is satisfied that a prisoner is willing to be interviewed by police officers out of the sight and hearing of a prison officer, then the officer in charge may permit that prisoner to be interviewed by not less than two police officers within the prison and out of the sight and hearing of a prison officer.

 

67.   Release of prisoners for investigations, etc.

An officer in charge may deliver a prisoner into police custody in the interests of justice or in connection with the investigation of a crime on the production of an order in writing which shall, in the case of an unconvicted prisoner, be signed by a police officer in charge of a police station or a police officer of or above the rank of Sub-Inspector, and, in the case of a convicted prisoner, by a police officer of or above the rank of Chief Inspector.

 

68.   Removal of prisoners from one prison to another

The Commissioner may, by any general or special order, direct that any prisoner shall be removed to any prison other than that in which he is confined or to which he had been committed.

 

69.   Certain prisoners may be restrained

Whenever an officer in charge considers it necessary for the safe custody of a prisoner that he should be confined by means of mechanical restraint, he may cause him to be so confined in accordance with rules made under this Act.

 

70.   Mentally disordered or defective prisoners

   (1) Any convicted prisoner adjudged according to law to be a mentally disordered or defective person shall remain in the place named in the order providing for his detention as such until the prisoner has been discharged from that place according to law, whereupon, if the prisoner has not completed the sentence in respect of which he was committed, the Minister shall order that he be delivered into the custody of the officer in charge of a prison for the completion of such sentence or, if the prisoner has completed the sentence in respect of which he was committed, he shall forthwith be released.

   (2) If any prisoner mentioned in sub-section (1) was sentenced to death before being adjudged to be a mentally disordered or defective person and the sentence of death has not, at the time when he is certified to be of sound mind, been commuted to a term of imprisonment then the Commissioner shall report the matter to the Minister who shall inform the President.

 

71.   Removal of sick prisoners to hospital

   (1) In the case of the serious illness of a prisoner, an officer in charge, on the advice of the medical officer, may make an order for the removal of the prisoner to hospital:

Provided that in cases of emergency, or in the absence of the medical officer, the removal of the prisoner may be ordered by the officer in charge without being so advised by the medical officer.

   (2) The medical authority in charge of a hospital shall, on the admission thereto of a sick prisoner, transmit to the officer in charge of the prison whence the prisoner was removed a certificate signed by him, stating his opinion as to the necessity for the prisoner to remain in hospital and, when possible, stating the period for which the prisoner should so remain.

   (3) When, in the opinion of the medical authority in charge of a hospital, it is no longer necessary that a prisoner should remain therein, he shall notify the officer in charge of the prison whence the prisoner was removed, and thereupon, if the prisoner has not completed the sentence in respect of which he was committed, the officer in charge shall forthwith cause him to be returned to the prison or, if the prisoner has completed the sentence in respect of which he was committed, he shall forthwith be released.

   (4) Every reasonable precaution shall be taken by the medical and other officers of a hospital to prevent the escape of a prisoner at any time under treatment therein, and it shall be lawful for those officers to take such measures for preventing the escape of a prisoner as are reasonably necessary:

Provided that the medical authority in charge of a hospital may refuse to take or permit any action authorised under this section if, in his opinion, such action would be prejudicial to the health of the prisoner or impracticable for any good and sufficient reason.

   (5) Where, on account of the gravity of the offence for which a prisoner is in custody, or for any other reason, an officer in charge considers it to be desirable to take special measures for the security of that prisoner while he is undergoing treatment in hospital, it shall be lawful for him to give that prisoner into the custody of fit and proper persons, being not less than two in number, one of whom at least shall always be with such prisoner by day and night, and those persons are hereby vested with authority to do all things reasonably necessary to prevent that prisoner from escaping and shall be answerable for his safe custody until such time as he is handed over to an officer in charge on his discharge from hospital, or until such time as his sentence expires, whichever may first occur.

 

72.   Removal of prisoner to leprosarium

   (1) Where a medical officer reports to the Commissioner that a prisoner is suffering from leprosy, the Commissioner may, by order in writing, direct the removal of that prisoner to a leprosarium, there to be kept and treated until cured of his leprosy or until such time as he ceases to be liable to confinement in prison, whichever may first occur.

   (2) So long as a prisoner who has been removed to a leprosarium under the provisions of this section remains therein and remains liable to confinement in prison, the person in charge of the leprosarium shall from time to time transmit to the officer in charge of the prison whence the prisoner was removed, a certificate signed by him that it is in his opinion necessary that the prisoner should remain in the leprosarium.

   (3) As soon as, in the opinion of the person in charge of a leprosarium, it is no longer necessary that a prisoner should remain therein, he shall notify the officer in charge of the prison whence the prisoner was removed that the necessity has ceased, and thereupon, if the prisoner has not completed the sentence in respect of which he was committed, the officer in charge shall forthwith cause him to be returned to the prison or, if the prisoner has completed the sentence in respect of which he was committed, he shall forthwith be released.

   (4) Every reasonable precaution shall be taken by the person in charge of a leprosarium and the other persons employed therein to prevent the escape of a prisoner who is under treatment therein, and it shall be lawful for those persons to take such measures as may be necessary for preventing the escape of the prisoner:

Provided that nothing shall be done under the authority of this section which, in the opinion of the person in charge of the leprosarium, is likely to be prejudicial to the health of a prisoner.

 

73.   Liability for escape from hospital or leprosarium

   (1) While any prisoner is in a hospital, mental hospital or leprosarium under the provisions of this Act, he shall be deemed to be in lawful custody for the purposes of any law.

   (2) If a prisoner shall escape during such time as he is in a hospital, mental hospital or leprosarium, no prison officer shall be held answerable therefor unless the prisoner was at the time of the escape in the personal custody of that officer, and no medical officer, person in charge of a leprosarium or other person shall be held answerable therefor unless it is shown that he helped such prisoner to escape.

 

74.   Serving sentence while in hospital, etc.

The period during which a prisoner is detained in any hospital, leprosarium or institution under section 70, 71 or 72 shall be reckoned as part of his period of imprisonment.

PART X
EMPLOYMENT OF PRISONERS

 

75.   General requirement to work

   (1) Every criminal prisoner shall be engaged in such work within or without the precincts of any prison, as may be directed by the officer in charge, and as far as is practicable such work shall take place in association or outside cells with other criminal prisoners:

Provided that the medical officer may excuse a prisoner from work or order that he perform light work, on medical grounds.

   (2) Women prisoners shall not be employed outside a prison except on the recommendation of the medical officer on medical grounds and then only on such work as may be prescribed.

   (3) A civil prisoner and an unconvicted prisoner may elect to work and, if he so elects, shall receive payment at such rates as may be prescribed.

 

76.   Employment of unconvicted criminal prisoners

   (1) Civil prisoners and unconvicted prisoners shall be required to keep their cells, the precincts thereof and the furniture, clothing and utensils therein, clean.

   (2) Appellant prisoners shall be required to keep their cells, the precincts thereof and the furniture, clothing and utensils therein, clean and to perform such labour as the officer in charge, with the approval of the Commissioner, may direct.

PART XI
ESCAPES, PROHIBITED ARTICLES AND AREAS

 

77.   Penalty for introduction or removal of prohibited articles into and from prison and for unauthorised communication with prisoners

Any person who, save as is provided in this Act—

      (a)   removes from or introduces into or throws from or into or attempts by any means whatsoever to remove from or introduce into a prison or takes from or gives to any prisoner any article whatsoever; or

      (b)   communicates with any prisoner;

shall be guilty of an offence, and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 77 am by Act 13 of 1994.]

 

78.   Power of arrest

A prison officer may arrest without a warrant any person who—

      (a)   commits or attempts to commit any offence against the provisions of section 77;

      (b)   when suspected by him of committing any offence against the provisions of section 77, refuses on demand made by such prison officer to give his name and address; or

      (c)   on demand made by himself or any other prison officer, gives a name or an address which such prison officer knows or has reason to believe to be false or which subsequently proves to be false;

and shall deliver the arrested person into the custody of a police officer, and thereupon the police officer shall proceed as if the offence has been committed in his presence.

 

79.   Unauthorised communications

   (1) Every letter or document, except as may be prescribed, written in a prison by or on behalf of a prisoner shall be delivered to the officer in charge who shall, before the letter or document is removed from the prison, clearly endorse or cause to be endorsed thereon—

      (a)   the name of the prison;

      (b)   a statement to the effect that its removal from the prison is authorised; and

      (c)   the signature or initials of the prison officer making the endorsement.

   (2) Every person who comes into possession of a letter or document which he has reasonable cause to believe was written in a prison by or on behalf of a prisoner and which is not endorsed in accordance with the provisions of sub-section (1) shall report that fact as soon as possible to the Commissioner or the officer in charge of the nearest prison and shall deliver the letter or document or cause it to be delivered to the Commissioner or such officer in charge.

   (3) No person shall, without the authority of the Minister, publish or cause to be published or transmit to any person for publication or otherwise the whole or any part of a letter or document which he has reasonable cause to believe was written in a prison by or on behalf of a prisoner and which is not endorsed in accordance with the provisions of sub-section (1).

   (4) Any person who contravenes or fails to comply with the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 79 am by Act 13 of 1994; s 79(4) am by s 24 of Act 16 of 2004.]

 

80.   Offences in respect of prisons and prisoners

Any person who—

      (a)   is found loitering within ninety one metres of any prison, or other place where prisoners may be, for the purpose of imprisonment or work, and who fails to depart therefrom upon being requested to do so by any prison officer or by a police officer; or

      (b)   in any manner wilfully interferes with any prisoner or gang of prisoners;

shall be guilty of an offence and be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 80 am by Act 13 of 1994.]

 

81.   Removal of certain offenders

Any person who is found committing an offence against the provisions of section 80 may be removed from the place where he is committing the offence by a prison officer or a police officer and, if the offence is repeated by that person after he has once been removed in accordance with this section, that person may be arrested without warrant by a prison officer, who, if he makes such an arrest, shall hand the offender over to a police officer.

 

82.   Unlawful possession of articles supplied to prison officers

Any person, other than a prison officer, who is found in possession of any article which has been supplied to any prison officer for the purposes of his duty, or of any other prison property, and who fails to account satisfactorily for his possession thereof, or who, without lawful authority, purchases or receives any such article or property from any prison officer, or who aids or abets any prison officer in selling or disposing of any such article or property, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 82 am by Act 13 of 1994.]

 

83.   Assisting prisoner to escape

Subject to the provisions of this Act, any person, other than a prisoner, who—

      (a)   aids a prisoner in escaping or attempting to escape, conspires with a person to procure the escape of a prisoner or incites a prisoner to escape from the prison in which he is detained or from a conveyance, hospital, leprosarium or other place whatsoever where or in which he may be or whilst in course of removal in custody from one place to another or from any other lawful custody; or

      (b)   with intent to facilitate the escape of a prisoner—

      (i)   conveys anything to a prisoner, or into a conveyance, prison, hospital, leprosarium or other place whatsoever where or in which a prisoner may be; or

      (ii)   places anything outside a conveyance, prison, hospital or other place whatsoever where or in which a prisoner may be so that it may come into the possession or use of a prisoner;

shall be guilty of an offence and shall be liable on conviction to imprisonment for a period not exceeding seven years.

 

84.   Harbouring prisoners

Any person harbouring or employing a prisoner whom he knows to be unlawfully at large shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to imprisonment for a period not exceeding two years or to both.

[S 84 am by Act 13 of 1994, s 25 of Act 16 of 2004.]

 

85.   Offences in connection with uniforms and decorations

   (1) Any person who wears or uses without due authority any uniform or decoration supplied to or authorised for use by any member of the service or any uniform or decoration so nearly resembling the same as to be calculated to deceive shall be guilty of an offence.

   (2) Any person who falsely represents himself by act or words to be a person who is or has been entitled to use or wear any uniform or decoration referred to in sub-section (1) shall be guilty of an offence.

   (3) Any person convicted of an offence under this section shall be liable on conviction to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

[S 85 am by Act 13 of 1994.]

 

86.   Notice to be displayed stating offences in respect of prisons and prisoners

The officer in charge shall cause to be affixed in a conspicuous place outside the prison a notice setting forth the acts prohibited under sections 77, 80 and 82 and the penalties which may be incurred by their commission.

PART XII
CIVIL AND UNCONVICTED PRISONERS

 

87.   Maintenance of unconvicted prisoners from private sources

A civil prisoner or an unconvicted prisoner may be permitted to maintain himself and to arrange for the purchase of, or receive from private sources at proper hours, such food, clothing, or other necessaries as the Commissioner may from time to time determine.

 

88.   Food, etc., not to be transferred to other prisoners

No food, clothing, or other necessaries permitted under the provisions of section 87 shall be given, hired, or sold to any other prisoner, and any prisoner who contravenes any provision of this section shall be liable to lose all privileges permitted under the provisions of that section for such time as the officer in charge may determine.

 

89.   Food, clothing and equipment for unconvicted prisoners

If a civil prisoner or an unconvicted prisoner does not provide himself with food and clothing, he shall receive the normal prison food, clothing and other necessaries.

PART XIII
DISCIPLINE OF PRISONERS

 

90.   Minor prison offences

The following acts and omissions shall be minor prison offences when committed by a prisoner—

      (i)   disobeying any order of the officer in charge or of any other prison officer or any rule or order made under this Act;

      (ii)   treating with disrespect any prison officer or person authorised to visit the prison;

      (iii)   being idle, careless or negligent at work or refusing to work;

      (iv)   using any abusive, threatening, insolent or other improper language;

      (v)   being indecent in language, act or gesture;

      (vi)   committing any assault or act of violence;

      (vii)   communicating with another prisoner, or any other person without authority;

      (viii)   leaving his cell or ward or place of work or other appointed place, without permission;

      (ix)   disfiguring, damaging or interfering with any part or fitting of the prison or any property which is not his own;

      (x)   committing any nuisance in any part of the prison;

      (xi)   receiving or having in his possession any prohibited article or attempting to obtain such article;

      (xii)   making repeated and groundless complaints or malingering;

      (xiii)   quarrelling with other prisoners;

      (xiv)   wilfully bringing a false accusation against any prison officer or other prisoner;

      (xv)   doing any act calculated to create unnecessary alarm among prison officers or prisoners;

      (xvi)   committing any act of insubordination;

      (xvii)   refusing to wear the clothing issued to him or exchanging, losing, discarding, damaging, altering or defacing any part of it;

      (xviii)   offending in any way against good order and discipline;

      (xix)   attempting to commit any of the foregoing minor prison offences;

      (xx)   aiding or abetting the commission of any of the foregoing minor prison offences.

 

91.   Major prison offences

The following acts and omissions shall be major prison offences when committed by a prisoner—

      (i)   mutiny or incitement to mutiny;

      (ii)   committing or taking part in an aggravated or repeated assault on another prisoner;

      (iii)   committing or taking part in an assault or attack on a prison officer;

      (iv)   committing a minor prison offence after having twice previously been found guilty of the same minor prison offence;

      (v)   escaping, conspiring with a person to procure the escape of a prisoner or assisting another prisoner to escape from the prison in which he is detained or from a conveyance, hospital or other place whatsoever where or in which he may be or whilst in course of removal in custody from one place to another or from any other lawful custody;

      (vi)   possessing any instrument or other thing with intent to procure his own escape or that of another prisoner;

      (vii)   omitting or refusing to help any prison officer to prevent an escape, an attempted escape or an attack upon that officer or upon another prisoner;

      (viii)   committing any act of gross misconduct or insubordination;

      (ix)   attempting to commit any of the foregoing major prison offences;

      (x)   committing sodomy or any other indecent act to, or with, another prisoner;

[S 91(x) ins by s 26(a) of Act 16 of 2004.]

      (xi)   aiding or abetting the commission of any of the foregoing major prison offences.

[S 91(x) renumbered as s 91(xi) by s 26(b) of Act 16 of 2004.]

 

92.   Separation of prisoner charged with offence

   (1) An officer in charge may order a prisoner charged with a prison offence to be kept apart from other prisoners pending the hearing and determination of the charge.

   (2) Whenever it appears to the officer in charge that it is desirable for the good order and discipline of the prison for a prisoner to be segregated and not to work nor to be associated with other prisoners, it shall be lawful for the officer in charge to order the segregation of that prisoner for such period as may be considered necessary.

 

93.   Hearing of prison offences

   (1) A charge against a prisoner in respect of a prison offence may, subject to the provisions of this section, be heard and determined—

      (a)   before a subordinate court where the Commissioner, owing to the gravity of the prison offence or other sufficient cause, so decides; or

      (b)   within a prison, by the Commissioner or, at the request of the Commissioner, a senior officer or the officer in charge, by a visiting justice who is a magistrate.

   (2) A prisoner charged with a prison offence which is heard and determined under the provisions of paragraph (b) of sub-section (1) shall be informed of the nature of the charge and shall be given an opportunity of hearing the facts alleged against him and of being heard in his defence.

   (3) ...

[S 94(3) rep by s 27 of Act 16 of 2004.]

   (4) Section 50 shall apply mutatis mutandis to the hearing within a prison of a charge against a prisoner by the Commissioner, a senior officer, officer in charge or a visiting justice as it applies to an inquiry by a prison officer into a disciplinary offence.

 

94.   Punishments that may be imposed by subordinate court

   (1) A prisoner found guilty of a minor prison offence by a subordinate court shall be liable to—

      (a)   imprisonment for a period not exceeding six months;

      (b)   additionally or alternatively any one or more of the punishments specified in section 97.

   (2) A prisoner found guilty of a major prison offence by a subordinate court shall, subject to the provisions of sub-section (3), be liable to —

      (a)   imprisonment for a period not exceeding two years;

      (b)   additionally or alternatively any one or more of the punishments specified in section 98.

   (3) Where a sentence of corporal punishment is imposed by a subordinate court—

      (a)   section 99 shall not apply in relation to that sentence;

      (b)   if the sentence is not carried out for medical reasons, the subordinate court which imposed the sentence on receipt of a medical certificate that the prisoner is not physically fit to undergo the sentence may substitute for that sentence any other punishment which may be imposed in respect of a major prison offence.

   (4) A sentence of imprisonment imposed for a prison offence on a prisoner—

      (a)   who is a convicted criminal prisoner shall commence on the date of expiry of the sentence of imprisonment being served by him at the time of the offence;

      (b)   who is not a convicted criminal prisoner shall commence on the date the sentence of imprisonment is imposed.

 

95.   Punishment or minor prison offences by junior or subordinate officers

Where an officer in charge, who is a junior officer or subordinate officer, finds a prisoner guilty of a minor prison offence, he may impose one or more of the following punishments—

      (a)   confinement in a separate cell for a period not exceeding three days;

      (b)   confinement in a separate cell with penal diet for a period not exceeding three days;

      (c)   reduced diet with or without confinement in a separate cell for a period not exceeding seven days;

      (d)   forfeiture of remission of sentence not exceeding three days of the total remission earned;

      (e)   extra work for a period not exceeding three days.

 

96.   Transfer of case

Whenever a prisoner is charged before an officer in charge who is not a senior officer with a minor prison offence which owing to the circumstances of the case the officer in charge considers the powers of punishment he possesses are inadequate to deal with, he shall stay the proceedings and transfer the case with a report thereon to a senior officer or to a visiting justice who is a magistrate.

 

97.   Punishment of minor prison offence by senior officer or visiting justice

   (1) Where an officer in charge, who is a senior officer, or a visiting justice, finds a prisoner guilty of a minor prison offence, he may impose one or more of the following punishments—

      (a)   confinement in a separate cell for a period not exceeding fourteen days;

      (b)   confinement in a separate cell with penal diet for a period not exceeding seven days;

      (c)   reduced diet, with or without confinement in a separate cell, for a period not exceeding fourteen days;

      (d)   forfeiture of remission of sentence not exceeding thirty days of the total remission earned;

      (e)   extra work for a period not exceeding seven days;

      (f)   reduction in stage, or postponement of promotion in stage, or forfeiture of privileges;

      (g)   forfeiture of earnings not exceeding one-half of the amount earned; or removal from any prescribed earnings scheme for a period not exceeding three months or reduction in earnings grade until such time as the prisoner is considered fit for restoration to his original grade by virtue of his good conduct and skill at his trade or effort at his work:

Provided that no prisoner shall be reduced from the highest grade in any prescribed earnings scheme without the approval of the Commissioner.

   (2) In this section and in section 98, “reduction in stage” and “postponement of promotion in stage” mean the removal of a prisoner to a lower stage and the postponement of promotion to a higher stage, respectively, in the prescribed progressive stage system.

 

98.   Punishment of major prison offence by senior officer or visiting justice

Where the Commissioner, a senior officer, or a visiting justice finds a prisoner guilty of a major prison offence, he may impose one or more of the following punishments:

      (a)   confinement in a separate cell for a period not exceeding twenty-five days;

      (b)   confinement in a separate cell with penal diet for a period not exceeding fifteen days;

      (c)   reduced diet, with or without confinement in a separate cell, for a period not exceeding twenty-five days;

      (d)   forfeiture of remission of sentence not exceeding sixty days of the total remission earned;

      (e)   extra work for a period not exceeding ten days;

      (f)   reduction in stage or postponement of promotion in stage or forfeiture of privileges;

      (g)   forfeiture of earnings not exceeding three-quarters of the amount earned; or removal from any prescribed earnings scheme for a period not exceeding six months or reduction in earnings grade until such time as the prisoner is considered fit for restoration to his original grade by virtue of his good conduct and skill at his trade or effort at his work:

Provided that no prisoner shall be reduced from the highest grade in any prescribed earnings scheme without the approval of the Commissioner.

[S 98 am by s 28 of Act 16 of 2004.]

 

99.   ...

[S 99 rep by s 29 of Act 16 of 2004.]

 

100.   ...

[S 100 rep by s 29 of Act 16 of 2004.]

 

101.   ...

[S 101 rep by s 29 of Act 16 of 2004.]

 

102.   ...

[S 102 rep by s 29 of Act 16 of 2004.]

 

103.   ...

[S 103 rep by s 29 of Act 16 of 2004.]

 

104.   ...

[S 104 rep by s 29 of Act 16 of 2004.]

 

105.   ...

[S 105 rep by s 29 of Act 16 of 2004.]

 

106.   Special provisions relating to punishments of separate confinement with penal diet and of reduced diet

   (1) A prisoner undergoing a punishment of confinement in a separate cell with penal diet shall receive full diet every fourth day.

   (2) No prisoner undergoing a punishment of confinement in a separate cell with penal diet shall be put to any form of manual labour until the sentence is completed.

   (3) A prisoner undergoing a punishment of reduced diet with or without confinement in a separate cell shall receive full diet on every ninth day.

 

107.   Confinement in separate cell

   (1) No prisoner shall be sentenced to be confined in a separate cell for an aggregate of more than ninety days in one year.

   (2) In any case where a prisoner is sentenced to two periods of confinement in a separate cell, the two sentences shall be separated by a period not less than the longer of the two periods.

 

108.   Punishment in different prisons

Any punishments lawfully imposed may be carried out partly in one prison and partly in another.

[S 108 am by s 30 of Act 16 of 2004.]

PART XIV
REMISSION OF SENTENCE

 

109.   Remission of part of sentence of prisoners

   (1) Convicted criminal prisoners sentenced to imprisonment, whether by one sentence or consecutive sentences, for a period exceeding one month, may by industry and good conduct earn a remission of one-third of their sentence or sentences:

Provided that in no case shall—

      (i)   any remission granted, result in the release of a prisoner until he has served one calendar month;

      (ii)   any remission be granted to a prisoner sentenced to imprisonment for life or to be detained during the President’s pleasure.

   (2) Upon the recommendation of the Commissioner, a convicted criminal prisoner may by reason of meritorious conduct or of his mental or physical state of health be granted remission of the whole or part of his sentence.

   (3) For the purpose of giving effect to the provisions of sub-section (1), each prisoner, on admission, shall be credited with the full amount of remission to which he would be entitled at the end of his sentence if he lost no remission of sentence.

   (4) A prisoner may lose remission of sentence as a result of its forfeiture as a punishment for a prison offence, and shall not earn any remission in respect of any period—

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

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

 

110.   Remission of part of sentence of certain prisoners

   (1) Any convicted criminal prisoner other than—

      (a)   a prisoner sentenced to imprisonment for life; or

      (b)   a prisoner referred to in sub-section (2); or

      (c)   the holder of a licence to be at large granted under the Prisons Act, 1955;

who, immediately before the commencement of this Act, was serving a sentence of imprisonment may earn by satisfactory industry and good conduct remission of one-third of his sentence.

   (2) Any convicted prisoner who, immediately before the commencement of this Act, was being detained in prison in consequence of the cancellation of a licence to be at large, granted to him under the Prisons Act, 1955, may earn by satisfactory industry and good conduct remission of one-third of the sentence of imprisonment which was imposed on him and which had not expired at the date his detention commenced following the cancellation of his licence, and any remission credited to such prisoner on the said date shall be disregarded.

   (3) For the purpose of giving effect to the provisions of sub-section (1) and (2), every prisoner referred to in those sub-sections shall—

      (a)   in the case of a prisoner entitled to remission under sub-section (1), on his admission to prison;

      (b)   in the case of a prisoner referred to in sub-section (2), on the commencement of this Act;

be credited with the full amount of remission he can earn, from which shall be deducted any loss of remission imposed on him as punishment for a prison offence under the provisions of section 94, 95, 97 or 98.

   (4) The Commissioner may restore in whole or in part any remission forfeited or lost under the provisions of this Act including any remission forfeited or lost before the commencement of this Act.

PART XV
DISCHARGE AND PAROLE

 

111.   Officer in charge to be responsible for discharge of prisoners

   (1) Subject to the provisions of this section, every officer in charge shall be responsible for the due discharge from prison of all prisoners under his control immediately upon their becoming entitled thereto.

   (2) No prisoner under treatment by the medical officer shall be discharged from prison except at his own request, made in writing, until, in the opinion of the medical officer, his discharge can be effected without danger to the health of the prisoner.

   (3) Where by or under any law a prisoner becomes entitled to discharge from a prison otherwise than by the expiration of his sentence, the officer in charge shall not discharge him otherwise than in accordance with the terms of an order, warrant or instruction issued in writing under the hand of a person authorised to do so under the provisions of such law or in due course of law.

111A.   Discharge of terminally ill prisoners

   (1) The Commissioner may, with the approval of the Minister, order the discharge from prison of any terminally ill prisoner on the recommendation of the Regional Commanding Officer and the medical officer responsible for the health care of the prisoner:

Provided that where the terminally ill prisoner is an un-convicted person or an appellant whose appeal is pending before a court, the Commissioner shall prior to releasing that prisoner notify the court of the intention to release the prisoner and the court shall indicate whether or not it consents to the release.

   (2) Where the court does not consent to the release of the prisoner under subsection (1), the court shall give the reasons for so refusing.

[S 111A ins by s 31 of Act 16 of 2004.]

 

112.   Day of discharge of prisoners

All criminal prisoners shall be discharged by noon on the day on which they are entitled to be discharged, but, should that day fall on a Sunday or public holiday, they shall be discharged by noon on the next preceding day not being a Sunday or public holiday.

 

113.   Travelling expenses of prisoner on discharge

A prisoner on discharge from prison shall be entitled to travelling expenses to such place as the Commissioner may determine.

113A.   National Parole Board

   (1) There is hereby established the National Parole Board which shall consist of members appointed by the Minister as follows—

      (a)   the Deputy Commissioner in charge of correctional services who shall be the Chairperson;

      (b)   the Chaplain-General

      (c)   the Director;

      (d)   a representative of the ministry responsible for home affairs;

      (e)   a representative of the ministry responsible for community development and social welfare;

      (f)   a representative of the Attorney-General

      (g)   a representative of the religious organization

      (h)   a representative of a non-governmental organization dealing with the welfare of prisoners; and

      (i)   a member of the reception and discharge committee referred to in section 116B.

   (2) The Vice-Chairperson shall be elected by the Members from among their number.

[S 113A ins by s 32 of Act 16 of 2004.]

113B.   Functions of Parole Board

The Parole Board shall—

      (a)   coordinate activities related to, and recommend the release of prisoners on parole; and

      (b)   perform such other functions as the Minister may, by statutory instrument, prescribe.

[S 113B ins by s 32 of Act 16 of 2004.]

 

114.   Release prisoner on parole

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

[S 114 subs by s 33 of Act 16 of 2004.]

 

115.   Minister may permit absence of young prisoners from prison

   (1) The Minister may, on the recommendation of the Commissioner, permit any young prisoner to be temporarily absent from prison for such period and on such conditions as to supervision or otherwise as he may determine.

   (2) If any prisoner fails to perform and observe any condition imposed under the provisions of this section, he may be arrested and recommitted to any prison by warrant under the hand of a magistrate and shall be detained in a prison as if he had not been so absent from prison for a period equal to the portion of the sentence which was unexpired at the date of his release.

   (3) If a prisoner does not contravene during the period of his absence from prison under the provisions of this section any condition attached to his absence, he shall no longer be liable for any punishment in respect of the conviction upon which he was sentenced.

 

116.   Release on licence of prisoners serving life imprisonment

   (1) The President may at any time release on licence a prisoner serving a term of imprisonment for life subject to such conditions as may be specified in the licence and may at any time vary, modify or cancel any such condition.

   (2) The President may at any time by order recall to prison a prisoner released on licence under this section but without prejudice to the power of the President to release him on licence again and when any prisoner is so recalled his licence shall cease to have effect and he shall, if at large, be deemed to be unlawfully at large.

   (3) An order made under sub-section (2) shall be sufficient authority for the arrest of the prisoner to whom it relates as if it were a warrant of arrest issued by a magistrate.

PART XVI
EXTENSION SERVICES AND COMPULSORY AFTER CARE ORDERS

[Heading am by s 34 of Act 16 of 2004.]

116A.   Extension services

   (1) The Commissioner shall establish an extension services programme for purposes of providing post imprisonment programmes for discharged prisoner and prisoners who are released under compulsory after care orders.

   (2) The Commissioner shall appoint, as extension officers, persons who are professionally qualified in social welfare for the purposes of administering the extension services programme and compulsory after care orders.

[S 116A ins by s 35 of Act 16 of 2004.]

116B.   Eligibility for extension services

   (1) A prisoner shall not be eligible for selection to an extension services programme unless the prisoner—

      (a)   has served a term of imprisonment of at least two years;

      (b)   has proved to be of good conduct and is industrious; and

      (c)   deserves to be settled back into society following the expiry of that prisoner’s term of imprisonment.

   (2) The selection of an eligible prisoner for the extension services programme shall be determined by a reception and discharge committee, which shall be established for that purpose at a prison where the eligible prisoner is imprisoned.

   (3) A reception and discharge committee shall comprise such members as the Commissioner may, by standing orders, determine and shall include the prison chaplain.

[S 116B ins by s 35 of Act 16 of 2004.]

 

117.   Compulsory after care orders

   (1) The Commissioner—

      (a)   shall, in the case of a prisoner who, having been sentenced to imprisonment on not less than two previous occasions, is serving a sentence of imprisonment for a period of or exceeding three years; and

      (b)   may, in the case of any other prisoner where he considers it necessary or desirable in the interests of the rehabilitation of that prisoner so to do;

make an order, to be known as a “Compulsory After Care Order”, providing for the compulsory care of the prisoner for a period not exceeding one year after his discharge from prison.

   (2) Every compulsory after care order shall be made on or prior to the discharge of the prisoner in respect of whom it is made and shall be in such form and subject to such terms and conditions as may be prescribed.

 

118.   Failure to comply with compulsory after care order and commission of further offence during currency of order

   (1) If any person in respect of whom a compulsory after care order is in force—

      (a)   is convicted of an offence; or

      (b)   contravenes or fails to comply with any term or condition of the order;

he shall be guilty of an offence and shall on conviction be sentenced to imprisonment for a period of three months or for the period of remission of sentence earned by that person while he was a prisoner under section 109 immediately prior to the making of the order, whichever is the greater.

   (2) A sentence of imprisonment imposed on a person under sub-section (1) shall commence on the expiration of any other sentence of imprisonment which that person is liable to serve.

   (3) A certificate issued by the Commissioner stating the amount of remission of sentence earned by a person while he was a prisoner under section 109 immediately prior to the making of the compulsory after care order made in respect of him shall be conclusive evidence of its contents.

   (4) Upon the conviction of a person of an offence against sub-section (1), the compulsory after care order made in respect of him shall cease to have effect.

   (5) Notwithstanding the provisions of sub-section (1) of section 117, the Commissioner may at any time make a further compulsory after care order in respect of a prisoner where a prior compulsory after care order made in respect of that prisoner has ceased to have effect under sub-section (4).

PART XVII
REPORT ON LONG TERM PRISONERS

 

119.   Report on long term prisoners

   (1) The Commissioner shall forward to the President, in accordance with this section, a report on every prisoner who has during the previous month—

      (a)   in the case of prisoners sentenced to be detained during the President’s pleasure and those sentenced to imprisonment for life, completed two years’ imprisonment from the date of admission, and thereafter at intervals of one year from the date of sentence;

      (b)   in the case of all other prisoners sentenced to imprisonment for a period of or exceeding seven years, completed four years’ imprisonment from the date of sentence and at intervals of two years thereafter;

      (c)   completed seven or more years of his sentence and has attained, or is believed to have attained, the age of sixty years.

[S 119(1) am by s 36 of Act 16 of 2004.]

   (2) Each report shall include—

      (a)   a statement by the officer in charge on the work and conduct of each prisoner; and

      (b)   a statement by the medical officer on the mental and bodily condition of each prisoner, with particular reference to the effect of imprisonment on his health.

   (3) A report in respect of a prisoner detained during the President’s pleasure shall be forwarded to the President through the Minister.

   (4) A report in respect of any prisoner other than a prisoner detained during the President’s pleasure shall be forwarded to the Minister.

PART XVIII
PRISONERS UNDER SENTENCE OF DEATH

 

120.   Confinement of condemned prisoners

Every prisoner sentenced to death shall be confined in some safe place within a prison, and, if possible, shall be kept apart from other prisoners and shall be placed under constant observation both by day and by night.

 

121.   Persons who may have access to condemned prisoner

No person other than a prison officer, medical officer, a visiting justice, a minister of religion, or person authorised by the Commissioner shall have access to a prisoner under sentence of death:

Provided that such a prisoner may, with the consent of and subject to any reasonable conditions which may be imposed by the Commissioner or the officer in charge, be visited by his legal advisers and such of his relatives and friends as he may express a wish to see.

 

122.   Attendance at execution by officials

   (1) Executions shall be carried out at such prisons as the Commissioner may specify and shall be attended by the officer in charge and such other prison officers as the Commissioner or officer in charge may direct, and may be attended by the Sheriff or Deputy Sheriff, by a minister of religion and such other persons as the Minister may authorise.

   (2) Executions shall be carried into effect by a public executioner appointed by the Minister and in accordance with instructions issued from time to time by the Commissioner.

   (3) The officer in charge and the public executioner shall make themselves familiar with the instructions issued by the Commissioner and shall satisfy themselves that every precaution is taken to ensure efficiency and despatch and that all appliances are maintained in good condition.

   (4) As soon as may be after a sentence of death has been executed on a prisoner, the medical officer shall examine the body and shall ascertain the fact of death and shall sign a certificate thereof and deliver such certificate to the officer in charge, who shall also sign such certificate and transmit it to the registrar of the court which imposed the sentence.

PART XIX
VISITING JUSTICES, OFFICIAL VISITORS, MINISTERS OF RELIGION AND PRISONERS’ AID SOCIETIES

 

123.   Judges may visit prisons

Any Justice of Appeal or Judge may visit and inspect any prison at any time, and, while so doing, may inquire into any complaint or request made by a prisoner:

Provided that no visiting judge may during an official visit release any prisoner from prison.

[S 123 proviso ins by s 37 of Act 16 of 2004.]

 

124.   Minister and Ministers in charge of Provinces to be visiting justices

   (1) The Minister and the Deputy Minister, and the Permanent Secretary to the ministry responsible for home affairs shall be visiting justices of all prisons.

[S 124(1) am by s 38(a) of Act 16 of 2004.]

   (2) The Deputy Minister in charge of a province and the Permanent Secretary to the province shall be visiting justices of all prisons in that province.

[S 124(2) subs by s 38(b) of Act 16 of 2004.]

 

125.   Magistrates, etc. to be visiting justices in own areas

Magistrates, Town Clerks, Council Secretaries, and members of the Human Rights Commission shall be visiting justices of the prisons situated in the area in which they normally exercise jurisdiction.

[S 125 subs by s 39 of Act 16 of 2004.]

 

126.   Powers of visiting justices

Any visiting justice may such times as the Commissioner may prescribe visit a prison in respect of which he is a visiting justice, and may—

      (a)   call for all books, papers and records relating to the management and discipline of the prison;

      (b)   visit every part of the prison and see every prisoner in confinement;

      (c)   inspect and test the quality and quantity of prisoners’ food;

      (d)   ascertain, so far as possible, that the standing orders and rules are observed;

      (e)   inquire into any complaint or request made by a prisoner; and

      (f)   perform such other functions as may be prescribed.

[S 126 am by s 40 of Act 16 of 2004.]

 

127.   Visiting justice to record visit in prescribed book

   (1) On completion of each visit, a visiting justice shall enter in a book to be kept for such purpose such remarks, suggestions or recommendations for the information of the Commissioner as he may deem fit.

[S 127 renumbered as s 127(1) by s 41(a) of Act 16 of 2004.]

   (2) A visiting justice shall submit to the Commissioner a written and comprehensive report of the inspection containing such details, as the visiting justice may consider necessary.

[S 127(2) ins by s 41(b) of Act 16 of 2004.]

 

128.   Appointment of official visitors

The Minister may by Gazette notice appoint official visitors to any prison.

[S 128 am by s 42 of Act 16 of 2004.]

 

129.   Duties of official visitors

An official visitor shall—

      (a)   at least once in every two months visit the prison to which he is appointed between such hours as may be prescribed;

      (b)   visit all parts of the prison and see every prisoner in confinement;

[S 129(b) am by s 43 of Act 16 of 2004.]

      (c)   inspect and test the quality and quantity of prisoners’ food;

      (d)   ascertain, so far as possible, that the standing orders and rules are observed;

      (e)   inquire into any complaint or request made by a prisoner; and

      (f)   perform such other functions as may be prescribed.

 

130.   Official visitors to record visit in prescribed book

   (1) On completion of each visit, an official visitor shall enter in a book to be kept for the purpose such remarks, suggestions or recommendations for the information of the Commissioner as he may deem fit.

[S 130 renumbered as s 130(1) by s 44(a) of Act 16 of 2004.]

   (2) A written and comprehensive report of the insertion by the official visitor shall be submitted to the Minister and copied to the Commissioner, Regional Commanding Officer and the officer in charge of the prison visited.

[S 130(2) ins by s 44(b) of Act 16 of 2004.]

 

131.   Ministers of religion may visit prison

Ministers of religion, or other accredited representatives of any religious body recognised by the Minister whose visits are approved by the Commissioner may at such hours and in such place as may be prescribed or as the officer in charge may permit—

      (a)   be admitted to the prison to visit prisoners who may be desirous of their services; and

      (b)   be permitted to hold religious services.

 

132.   Visits of probation officers and representatives of prisoners’ aid societies

A probation officer or a representative of a non-governmental organisation dealing with the welfare of prisoners who has obtained the written permission of the Commissioner may be admitted to any prison at times to be arranged by the officer in charge.

[S 132 am by s 45 of Act 16 of 2004.]

PART XX
YOUTH CORRECTIVE CENTRES

 

133.   Establishment of youth corrective centres

   (1) The Minister may, by Gazette notice, declare any building, enclosure or place, or any part thereof, to be a youth corrective centre for the purposes of this Act, and may, in like manner, declare that any youth corrective centre shall cease to be a youth corrective centre for the purposes of this Act.

   (2) No prisoner other than a person sentenced to corrective training in a youth corrective centre under section 134 shall be detained in such centre.

   (3) Subject to the provisions of sub-section (2), every youth corrective centre shall be deemed to be a prison for the purposes of this Act.

 

134.   Corrective training may be ordered in certain circumstances

   (1) Notwithstanding the provisions of any other written law, where a person who has attained the age of sixteen years but has not attained the apparent age of twenty-one years, is found guilty or convicted of an offence not punishable with death, the court may order or sentence such person to undergo corrective training in a youth corrective centre for a period of six months:

Provided that—

      (i)   no person shall be ordered or sentenced to undergo corrective training in a youth corrective centre—

      (a)   if he has previously been detained in prison, an approved school or a reformatory; or

      (b)   if he has previously been sentenced to undergo corrective training at a youth corrective centre;

      (ii)   no person shall be ordered or sentenced to undergo corrective training in a youth corrective centre unless the Commissioner has confirmed that accommodation for that person is available in a youth corrective centre.

   (2) Every person ordered or sentenced to undergo corrective training in a youth corrective centre shall be deemed to be a prisoner for the purposes of this Act, including remission of sentence.

PART XXI
EXTRA-MURAL PENAL EMPLOYMENT

 

135.   Regulations

   (1) Where in any declared area a male prisoner is committed to imprisonment for non-payment of any fine, compensation, costs or other sum adjudged to be paid under any written law, the court so sentencing or committing that person may, with the prisoners consent, order that the prisoner shall perform public work, in accordance with this Part outside a prison for the duration of such imprisonment.

[S 135(1) am by s 2 of Act 14 of 2000.]

   (2) Upon making an order under sub-section (1), the court shall order the person in respect of whom the order is made to report forthwith to an authorised officer of the District in which it is sitting or to any other specified officer under the control of such authorised officer.

   (3) Any officer to whom a person reports in pursuance of sub-section (2) shall notify that person or cause him to be notified of the hours, place, nature and any other necessary details of the public work to be performed by him.

   (4) Any person who, having been ordered to perform public work as aforesaid, is found by a medical officer to be medically unfit to perform the public work shall be removed to prison and shall there undergo the imprisonment to which he is liable, subject nevertheless to a deduction of the number of days, if any, for which he has completed his daily task.

   (5) Any person who has been ordered to perform public work as aforesaid may by industry and good conduct earn a remission of one-third of the term of imprisonment to which he had been sentenced or for which he had been committed:

Provided that in no case shall any remission granted result in the release of a prisoner until he has served one calendar month.

   (6) If an authorised officer in any District is satisfied that any person in respect of whom an order under this section has been made during the term of imprisonment to which he had been sentenced or for which he had been committed—

      (a)   has failed without reasonable cause or excuse to present himself for work at the appointed place and hour; or

      (b)   absents himself without reasonable cause or excuse from his task; or

      (c)   fails to accomplish without reasonable cause or excuse a day’s task; or

      (d)   is otherwise found to be unsatisfactory in his conduct;

he may cause that person to be removed to prison and that person shall there undergo the imprisonment to which he is liable, subject nevertheless to a deduction of the number of days for which he has completed his daily task.

   (7) For the purposes of this section—

“authorised officer” means a person appointed by the Minister for the purposes of this Part;

“declared area” means an area declared by the Minister, by Gazette notice, to be an area to which this Part shall apply;

“public work” means work performed in any department of the Government or any service administered by it, or any local authority.

   (8) Any person in respect of whom an order to perform public work is made under sub-section (1) and who—

      (a)   fails without reasonable cause or excuse to report as ordered under sub-section (2); or

      (b)   fails without cause or excuse to present himself for work at the appointed place and hour; or

      (c)   absents himself without reasonable cause or excuse from his task; or

      (d)   fails to accomplish without reasonable cause or excuse a day’s task; or

      (e)   is otherwise found by the court to have been unsatisfactory in his conduct;

shall be guilty of an offence and, notwithstanding that he is undergoing the imprisonment to which he is liable in accordance with sub-section (6), shall be liable to a fine not exceeding one thousand and five hundred penalty units or to imprisonment for a period not exceeding six months, or to both.

 

135A.   Insertion of new sections 135A and 135B Community service

   (1) Where a court makes an order for community service in accordance with the Penal Code and Criminal Procedure Code, the authorised officer to whom the offender reports shall notify the offender or cause the offender to be notified of the hours, place, nature and any other necessary details of the community service to be performed by the offender.

[S 135A(1) ins by s 3 of Act 14 of 2000.]

   (2) Where an offender, who has been ordered to perform community service, is found by a medical officer to be medically unfit to perform community service the authorised officer shall report to the court which shall—

      (a)   vary the order to suit the circumstances of the case;

      (b)   impose on the offender a fine not exceeding three hundred penalty units, or

      (c)   send the offender to prison for the period the offender is liable, subject nevertheless to a reduction of the number of days, if any, for which community service has already been performed.

[S 135A(2) ins by s 3 of Act 14 of 2000.]

   (3) In this section “authorised officer” means any officer or person whom the minister may, by statutory order, designate as such.

[S 135A(3) ins by s 46 of Act 16 of 2004.]

 

135B.   Serving prisoner’s right to apply for community service

   (1) Any prisoner serving punishment for imprisonment in respect of a misdemeanor who has been convicted within the last six months before the coming into force of the provisions for community service may apply to court for community service.

   (2) The Minister shall, by statutory instrument, make regulations for the process of applying to the court for community service.

[S 135B ins by s 3 of Act 14 of 2000.]

PART
XXII MISCELLANEOUS

 

136.   List of prisoners detained to be delivered to High Court

Every Regional Commanding Officer within the area for which any session of the High Court is held for the trial of criminal cases shall deliver to the High Court at the commencement of each session a list of the unconvicted prisoners then within his prison, and that list shall specify in the case of each such prisoner the date of admission and the authority for detention, and shall deliver also a list of detained witnesses.

[S 136 am by s 47 of Act 16 of 2004.]

 

137.   Rewards for apprehension of escaped prisoners

   (1) The Commissioner may offer rewards to persons who give information leading to the apprehension of prisoners who have escaped from custody and any person giving any such information, whether or not any offer of reward has previously been made, and any person who apprehends, secures, and hands over or causes to be handed over to any officer in charge any prisoner who has escaped may be paid his just and reasonable expenses and in addition, such sum by way of reward as the Commissioner may determine.

   (2) No payment of any sum as a reward shall be made under the authority of this section to any prison officer or police officer unless, in the opinion of the Commissioner, such exceptional circumstances exist as to justify such a payment being made.

 

138.   Rewards and gratuities

   (1) It shall be lawful for the Commissioner, either on his own initiative, or on the recommendation of a Judge or of a magistrate, to grant monetary rewards and gratuities to members of the service for or in respect of—

      (a)   wounds or injuries suffered on service or otherwise in the course of duty;

      (b)   special acts of bravery, such as—

      (i)   saving or attempting to save life;

      (ii)   saving or attempting to save property from loss by fire, theft, or in other circumstances attended by danger;

      (c)   valuable intelligence acquired by personal risk, hardship, or unusual skill;

      (d)   any other special or meritorious service.

[S 138(1) am by s 48 of Act 16 of 2004.]

   (2) All monetary rewards and gratuities that may from time to time be granted under sub-section (1) shall be paid from moneys appropriated by Parliament for the purpose.

[S 138 am by Act 13 of 1994.]

 

139.   Commutation of death sentence to sentence of imprisonment

Where the President pardons any person who has been sentenced to death on condition that he serves a period of imprisonment, that person shall be deemed to have been sentenced to such period by the court before which he was convicted.

 

140.   Detention of prisoners from other countries

   (1) Subject to the provisions of any other written law, a person who has been sentenced by a competent court within any country to which the Minister may declare this section to apply may be sent to, imprisoned, and detained in Zambia until the expiration of such sentence, or during such portion thereof as may be deemed necessary, and shall be treated and be subject to the provisions of this Act as if he were undergoing the sentence of a competent court of Zambia.

   (2) A certificate under the hand of the Minister, setting forth that from documents laid before him it appears that the person named in the certificate has been sentenced as described in sub-section (1) to the period of imprisonment specified in the certificate, shall be accepted at all times during the continuance of such period as conclusive evidence that such person is lawfully under detention in accordance with the provisions of this section.

 

141.   Removal of prisoners to other countries

   (1) Every person who has been or may hereafter be sentenced to imprisonment by any competent court may, by warrant signed by the Minister, be removed to any country in which he was born or where he normally resided before his entry into the Republic in order that such person may be detained in any prison in such country until the expiration of his sentence or release according to law:

Provided that no person who is a citizen of Zambia shall be removed in accordance with the provisions of this sub-section without his consent.

   (2) Any person in course of removal within Zambia under a warrant signed in accordance with the provisions of this section shall be deemed to be in lawful custody.

   (3) Nothing in this Act contained shall prevent the conviction, judgment, finding, order or sentence recorded or made in respect of any person removed in accordance with this section from being questioned in the same manner as if he had not been removed, and the sentence of that person may be remitted and his discharge ordered in the same manner and by the same authority as if he had not been removed.

 

142.   Commissioner may grant permission to be absent from prison

The Commissioner may grant a prisoner permission in writing to be absent from prison for a specified period for personal, family or other reasons if, in the opinion of the Commissioner, the circumstances of the case warrant the granting of permission.

 

143.   Disposal of deceased’s estate

The Commissioner shall cause to be kept a personal record of every prison officer, and shall cause to be recorded therein the name or names of the person or persons to whom in the event of the death of such prison officer, without having made a valid will, any money or other personal property should be paid or delivered.

 

144.   Witnesses’ expenses

A witness who duly attends at or for the purposes of an inquiry or hearing held under this Act shall be entitled to the same allowances and expenses as a witness who attends criminal proceedings at a subordinate court is entitled under the Criminal Procedure Code:

Provided that this section shall not apply to a prisoner, prison officer or other public officer.

 

145.   Power to prosecute under other law not affected

Nothing in this Act shall exempt any person from being proceeded against under any other Act or law in respect of any offence made punishable by this Act, or from being liable under any other Act or law to any other or higher penalty or punishment than is provided for such offence by this Act:

Provided that no person shall be punished twice for the same offence.

PART XXIII
RULES, REPEALS AND SAVINGS

 

146.   Rules

   (1) The Minister may, by statutory instrument, make rules for the better carrying into effect of the provisions and purposes of this Act and, without prejudice to the generality of the foregoing, may make rules providing for—

      (i)   the powers, duties and responsibilities of prison officers and other persons employed in prisons;

      (ii)   the attestation and termination of service of prison officers below the rank of Superintendent;

      (iii)   the powers and duties of medical officers; the medical inspection of prisons and prisoners, and the prevention of contagious diseases in prisons;

      (iv)   the powers and duties of visiting justices, official visitors, ministers of religion and prisoners’ aid societies;

      (v)   the construction, description, equipment and supervision of cells for separate confinement and wards;

      (vi)   the classification of prisons and prisoners into categories and their separation accordingly;

      (vii)   the safe custody, management, organisation, hours, mode and kind of labour and employment, clothing, bedding, maintenance, instruction, discipline, segregation, treatment, restraint, correction and training of prisoners;

      (viii)   visits to and communications with prisoners;

      (ix)   the introduction of a progressive stage system;

      (x)   the payment of prisoners in accordance with earning schemes for work done while in prison;

      (xi)   the disposal of the products of prison labour;

      (xii)   the establishment of a staff welfare fund and the method of administration of the said fund by the Commissioner;

      (xiii)   the appointment of officers responsible for the after care and rehabilitation of prisoners;

      (xiv)   the responsibility, accounting and safe-keeping of all stores, equipment, and accoutrements issued to prisons;

      (xv)   accounts and accounting procedure;

      (xvi)   prohibiting prison officers or visitors or other persons who have access to prisons from divulging to any un-authorised person any information concerning the administration of prisons or the condition, treatment and affairs of prisoners;

      (xvii)   the establishment, constitution, functions and procedure of a prison officers’ staff association and for matters incidental thereto;

      (xviii)   the custody and maintenance, including charges to be paid by a judgment creditor, of persons who may be committed to a prison under the provisions of any law relating to imprisonment for non-payment of debts;

      (xix)   the carrying out of any sentence of confinement in a separate cell, or penal or reduced diet, awarded under the provisions of any law;

      (xx)   the establishment of such boards as the Minister deems necessary or expedient for any purpose arising under this Act and the powers, rights, privileges and duties of and the procedure to be followed by such boards;

      (xxi)   the medical examination, measuring, photographing and taking of fingerprint impressions, footprints and casts thereof, palm prints or other records of prisoners detained in any prison or otherwise detained in custody, including detailed personal statistics and histories and for requiring full and truthful answers to all questions put to such persons with the object of obtaining such statistics and histories, and the person, if any, to whom such measurements, photographs, fingerprint impressions, footprints and casts thereof, palm prints or other records are to be sent or supplied;

      (xxii)   the manner in which the remission of sentences, including any period of public work under Part XXI, shall be calculated;

      (xxiii)   the manner in which petitions by prisoners shall be submitted;

      (xxiv)   the provision of suitable diets and dietary scales, including penal and punishment diets for prisoners, and prescribing the conditions under which such diets and scales may be varied;

      (xxv)   suitable diet and dietary scales or ration allowances for persons employed on public work under Part XXI;

      (xxvi)   prescribing anything to be prescribed under the provisions of this Act; and

      (xxvii)   generally for the effective administration of this Act, for the good management and government of prisons and the discipline and safe custody of prisoners.

   (2) Rules made under the provisions of sub-section (1) may prescribe penalties for a contravention thereof, or failure to comply therewith, not exceeding a fine of three thousand penalty units, or in default of payment, imprisonment for a period not exceeding twelve months, or such imprisonment without the option of a fine.

   (3) In exercising the powers conferred upon him by sub-section (1), the Minister may restrict the application of any rule to one or more prisons and may apply differing rules in respect of different prisons or classes of prisoners determined by him.

   (4) Different rules may be made under the provisions of paragraph (i) of sub-section (1) for different classes of prison officers and other persons employed in prisons.

   (5) For the avoidance of doubt, it is hereby declared that rules may be made under the provisions of paragraph (i) of sub-section (1) in relation to persons who, immediately before the commencement of this Act, were prison officers or other persons employed in prisons.

[S 146 am by Act 13 of 1994.]

 

147.   Has had its effect.

SCHEDULE

[Section 9]

RANKS OF THE SERVICE

Senior Officers

Commissioner of Prisons

Deputy Commissioner of Prisons Assistant Commissioner of Prisons Senior Superintendent of Prisons Senior Technical Officer Superintendent of Prisons Quartermaster

Senior Farm Manager Assistant Superintendent Junior officers

Chief Officer III Chief Officer II Chief Officer I Cadet Chief Officer

Senior Principal Officer

Matron Male Nurse Technical Officer

Junior Technical Officer

Farm Manager

Assistant Farm Manager

Subordinate Officers Principal Officer

Prison Officer

Recruit Prison Officer

[Sch am by SI 48 of 1974.]

 
 

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