PRISONS: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Establishment of National Parole Board Order

Prisons (Botswana Officers Association) Regulations

Prisons (Centres for Illegal Immigrants) Regulations

Prisons (Declaration of Prison) Order

Prisons (Declaration of Prison) Order (1998)

Prisons (Declaration of Prison) Order (2001)

Prisons (Declaration of Prison) Order (2002)

Prisons (Declaration of Prison) Order (2004)

Prisons Regulations

PRISONS (DECLARATION OF PRISON) ORDER

 

(under section 3)

 

(6th March, 1981)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Declaration of Serowe New Prison

 

 

S.I. 17, 1981.

 

1.   Citation

   This Order may be cited as the Prisons (Declaration of Prison) Order.

 

2.   Declaration of Serowe New Prison

   The building situated at Serowe and commonly known as Serowe New Prison, together with its grounds, precincts and appurtenances, is hereby declared to be a prison.

PRISONS (DECLARATION OF PRISON) ORDER (1998)

 

(under section 3)

 

(9th April, 1998)

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Declaration of Letlhakane State Prison

 

 

S.I. 25, 1998.

 

1.   Citation

   This Order may be cited as the Prisons (Declaration of Prison) Order.

 

2.   Declaration of Letlhakane State Prison

   The buildings and grounds within the fenced boundary 5.4 kilometres east of Letlhakane Village Main Kgotla are hereby declared to be a Prison to be known as "Letlhakane State Prison".

PRISONS (DECLARATION OF PRISON) ORDER (2001)

 

(under section 3)

 

(25th May, 2001)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Declaration of Tshane State Prison

 

 

S.I. 19, 2001.

 

1.   Citation

   This Order may be cited as the Prisons (Declaration of Prison) Order.

 

2.   Declaration of Tshane State Prison

   The buildings and grounds within the fenced boundary in Tshane Village, situated adjacent to the showgrounds and lying west of the main road leading to the Kgotla, are hereby declared to be a Prison to be known as "Tshane State Prison".

PRISONS (BOTSWANA OFFICERS ASSOCIATION) REGULATIONS

 

(under sections 35(3) and 147)

 

(20th June, 1980)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Establishment of Botswana Prison Officers Association

 

   3.   Establishment of Prisons Divisions

 

   4.   Establishment of Branch Boards

 

   5.   Annual meeting of Branch Board

 

   6.   Special meeting of Branch Board

 

   7.   Chairman and Secretary of Branch Board

 

   8.   Central Conference

 

   9.   Central Committee

 

   10.   Preparation of agenda for Central Conference

 

   11.   Procedure following Central Conference

 

   12.   General provisions relating to procedure

 

   13.   Official permission to attend Central Conference or meeting of Central Committee or Branch Board

 

 

S.I. 91, 1980.

 

1.   Citation

   These Regulations may be cited as the Prisons (Botswana Prison Officers Association) Regulations.

 

2.   Establishment of Botswana Prison Officers Association

   (1) An association, to be called the Botswana Prison Officers Association (and hereinafter referred to as "the Association"), is hereby established.

   (2) The object of the Association shall be to enable prison officers to meet in order to consider and bring to the notice of the Commissioner matters affecting the welfare and efficiency of the Service.

   (3) The Association may consider the general principles governing appointments, promotions, transfers, matters of discipline and salaries within the Service with a view to improving conditions within the Service as a whole; but the Association shall not consider individual cases concerning these matters.

   (4) The Association shall be independent of and not associated with any association or other body outside the Service.

   (5) No person other than a prison officer shall become a member of the Association in any capacity whether honorary or otherwise.

   (6) Every prison officer shall be entitled to become a member of the Association if he is below the rank of Assistant Commissioner.

   (7) A member of the Association who ceases to be a prison officer or is promoted to the rank of Assistant Commissioner of Prisons or above shall thereupon cease to be a member of the Association.

   (8) No fee shall be payable as a condition of membership of the Association.

 

3.   Establishment of Prisons Divisions

   For the purposes of these Regulations, the following divisions, to be called Prisons Divisions, are hereby established-

 

   (a)   the Northern Division, comprising all that part of Botswana lying north of the Tropic of Capricorn; and

 

   (b)   the Southern Division, comprising all that part of Botswana lying south of the Tropic of Capricorn.

 

4.   Establishment of Branch Boards

   (1) A board, to be called the Branch Board, is hereby established for each Prisons Division.

   (2) Each Branch Board shall consist of nine members of whom-

 

   (a)   three shall be senior officers elected from among themselves by senior officers for the time being serving in the Prisons Division for which the Board is established;

 

   (b)   three shall be junior officers elected from among themselves by junior officers for the time being serving in that Prisons Division; and

 

   (c)   three shall be subordinate officers elected from among themselves by subordinate officers for the time being serving in that Prisons Division.

   (3) The members of the Association for the time being serving in each Prisons Division shall, between 1st July and 31st August, immediately after the commencement of these Regulations, elect from among themselves, in accordance with this regulation, members of the Branch Board established for that Division.

   (4) Every member of a Branch Board shall retire from the Board on the third 31st August following his election to the Board but shall be eligible for re-election to the Board.

   (5) Notwithstanding subregulation (4), of the original members of each Branch Board (not including such a member who has retired in accordance with this subregulation and been re-elected to the Board)-

 

   (a)   three chosen at the Board's annual meeting in the month of September, following immediately after the commencement of these Regulations, by ballot of all the members of the Board present thereat, shall retire on the second 31st August, immediately after the commencement of these Regulations;

 

   (b)   three chosen at the Board's annual meeting in the following second September immediately after the commencement of these Regulations, by ballot of all the members of the Board present thereat, shall retire on the third 31st August, following immediately after the commencement of these Regulations; and

 

   (c)   three shall retire on the fourth 31st August, following immediately after the commencement of these Regulations.

   (6) The three members of each Branch Board retiring in accordance with subregulation (5)(a) or (b) shall consist of one senior officer, one junior officer and one subordinate officer.

   (7) The members of the Association for the time being serving in each Prisons Division shall, in the second month of September, immediately following after the commencement of these Regulations, and in every subsequent September, elect from among themselves, in accordance with this regulation, members of the Branch Board established for that Division to fill the vacancies created by retirement from the Board in accordance with subregulation (4) or (5), as the case may be.

   (8) The election prescribed by subregulation (3) and every subsequent election prescribed by subregulation (7) shall be by secret ballot conducted by the Commissioner or by such prison officer or prison officers as he may designate for that purpose.

   (9) Notwithstanding the other provisions of this regulation, a member of a Branch Board shall immediately cease to be a member thereof on-

 

   (a)   his resignation from the Board;

 

   (b)   his ceasing to serve in the Prisons Division for which the Board is established;

 

   (c)   promotion whereby he ceases to be a junior officer and becomes a senior officer or ceases to be a subordinate officer and becomes a junior officer;

 

   (d)   reduction in rank whereby he ceases to be a senior officer and becomes a junior officer or ceases to be a junior officer and becomes a subordinate officer; or

 

   (e)   his ceasing to be a member of the Association.

   (10) Notwithstanding the other provisions of this regulation, if a vacancy occurs in the membership of a Branch Board (otherwise than by retirement in accordance with subregulation (4) or (5)), the Commissioner may, after consulting each remaining member of the Board, appoint a member of the Association of an appropriate rank for the time being serving in the Prisons Division for which the Board is established to fill the vacancy.

   (11) Every prison officer who is appointed a member of a Branch Board under subregulation (10) shall assume the term of the member in respect of whom the vacancy in question occurred unless that member was an original member whose term had not yet been fixed under or by virtue of subregulation (5), in which last case the new member shall be treated for the purposes of subregulation (5) as if he were that original member.

 

5.   Annual meeting of Branch Board

   (1) Each Branch Board shall hold an annual meeting in September of every year which in the second year after the commencement of these Regulations and in subsequent years, shall be held after the election prescribed by regulation 4(7).

   (2) The annual meeting of a Branch Board shall be held-

 

   (a)   in the case of the Branch Board established for the Northern Division at Francistown; and

 

   (b)   in the case of the Branch Board established for the Southern Division at Gaborone.

   (3) At each annual meeting of a Branch Board, the members of the Branch Board present thereat shall-

 

   (a)   elect from among themselves a Chairman and a Secretary of the Board;

 

   (b)   formulate and consider a resolution in respect of any matter concerning the Association which any member of the Association for the time being serving in the Prisons Division for which the Board is established has required, by notice in writing received not later than seven clear days before the commencement of the meeting, to be considered by the Board and in respect of any matter concerning the Association raised for discussion at the meeting by a member of the Board present thereat; and

 

   (c)   elect from among the members of the Board delegates to the next Central Conference in accordance with regulation 8.

   (4) A vote shall be taken by the members of the Board present upon every resolution such as is referred to in subregulation (3)(b) and, where a majority of the votes cast are in favour, a copy of the resolution shall be forwarded by the Secretary of the Board to the Secretary of the Central Committee.

 

6.   Special meeting of Branch Board

   Where the Commissioner is informed in writing by a majority of the members of a Branch Board that they wish to consider any matter concerning the Association before the next annual meeting of the Board and the Commissioner is of the opinion that exceptional circumstances exist, he may authorize the Board to hold a special meeting for the purposes of considering that matter.

 

7.   Chairman and Secretary of Branch Board

   (1) The Chairman and the Secretary of a Branch Board shall each hold office as such until the election of a new Chairman or Secretary, as the case may be, at a subsequent annual meeting of the Board:

   Provided that the office of Chairman or of Secretary shall immediately become vacant on-

 

   (i)   his retirement from the Board in accordance with regulation 4(4) or (5) or his ceasing, for any other reason, to be a member of the Board;

 

   (ii)   his resignation from the office; or

 

   (iii)   the passing at a special meeting of the Board, by the members of the Board present thereat, of a resolution of no confidence in him.

   (2) If the office of Chairman or of Secretary of a Branch Board becomes vacant between annual meetings of the Board, the Commissioner may, after consulting each member of the Board, appoint one of them to fill the vacancy:

   Provided that, where the office becomes vacant in consequence of a resolution of no confidence passed at a special meeting of the Board, by the members of the Board present thereat, those members shall immediately proceed to elect from among themselves a new Chairman or Secretary, as the case may be.

 

8.   Central Conference

   (1) A conference of the Branch Boards, to be called the Central Conference, shall be held at Gaborone in March of each year.

   (2) The Central Conference shall consist of six delegates from each Branch Board elected from among themselves by the members of the Board at its annual meeting immediately preceding the Central Conference.

   (3) The delegates to the Central Conference from each Branch Board shall consist of two senior officers, two junior officers and two subordinate officers.

   (4) The Commissioner shall appoint from among the delegates to the Central Conference a Chairman and a Secretary of the Conference.

   (5) At the Central Conference, the delegates to the Conference shall consider and vote upon every resolution included in the agenda for the Conference and shall formulate, consider and vote upon a resolution in respect of any other matter concerning the Association referred to it by the Commissioner; but the delegates to the Central Conference shall have no further or other business without the authority of the Commissioner.

   (6) No Central Conference shall last for more than two days without the consent in writing of the Commissioner.

   (7) The Secretary of the Central Conference shall keep a record of its proceedings and shall forward a copy thereof in duplicate to the Commissioner within 30 days immediately after the end of the Central Conference.

   (8) The presence of six delegates to the Central Conference shall constitute a quorum of the Conference.

 

9.   Central Committee

   (1) In addition to appointing a Chairman and a Secretary of the Central Conference in accordance with regulation 8(4), the Commissioner shall designate two other delegates to the Conference who, together with the Chairman and the Secretary, shall constitute a committee of the Association, to be called the Central Committee.

   (2) The Central Committee shall remain in being until the appointment by the Commissioner of a new Central Committee from among the delegates to the next Central Conference.

   (3) The Chairman and the Secretary of the Central Conference shall be the Chairman and the Secretary respectively of the Central Committee.

   (4) The Central Committee shall hold a meeting immediately after the end of the Central Conference and a further meeting the following January.

   (5) The Commissioner may refer any matter concerning the Association to the Central Committee for its consideration and may, for this purpose require the Central Committee, in writing, to hold a special meeting.

   (6) Where the Commissioner refers any matter to the Central Committee under subregulation (5), the Committee shall consult the members of the Branch Boards on the matter and thereafter cause a report in writing on the matter to be prepared and delivered to the Commissioner setting out the Committee's views.

   (7) The Committee may, after consulting the members of the Branch Boards, submit representations in writing to the Commissioner on any matter concerning the Association.

   (8) The Central Committee may, with the consent in writing of the Commissioner, hold a special meeting to consider any matter concerning the Association referred to it as a matter of urgency by the Secretary of a Branch Board that has been raised by any member or group of members of the Association for the time being serving in the Prisons Division for which the Board is established and shall cause a report in writing on the matter to be prepared and delivered to the Commissioner setting out the Committee's views.

   (9) No meeting of the Central Committee shall last for more than two days without the consent in writing of the Commissioner.

   (10) Notwithstanding the other provisions of this regulation, a member of the Central Committee shall immediately cease to be a member thereof on-

 

   (a)   his resignation from the Committee; or

 

   (b)   his ceasing to be a member of the Association.

   (11) If a vacancy occurs in the membership of the Central Committee between Central Conferences, the Commissioner may appoint, from among the delegates to the immediately preceding Central Conference, a member of the Association to fill the vacancy and, where the member in respect of whom the vacancy occurred was the Chairman or the Secretary of the Central Committee, the Commissioner may appoint a member of the Central Committee to fill the vacancy in the office of Chairman or of Secretary, as the case may be, which member may be the member appointed under this subregulation to fill the vacancy in membership.

   (12) The office of Chairman or of Secretary of the Central Committee shall immediately become vacant on his resignation from the office whereupon the Commissioner may appoint another member of the Committee to fill the vacancy.

   (13) The presence of two members of the Central Committee shall constitute a quorum of the Committee.

 

10.   Preparation of agenda for Central Conference

   (1) At its meeting in January, the Central Committee shall consider every resolution of a Branch Board a copy of which has been forwarded to the Secretary of the Central Committee in accordance with regulation 5(4):

   Provided that no such resolution shall be considered unless a copy of it has been received by the Secretary of the Central Committee not later than 1st December immediately preceding the meeting.

   (2) On considering a resolution of a Branch Board in accordance with subregulation (1), the Central Committee shall either include the resolution in a draft agenda for the Central Conference, with or without such amendments as it thinks desirable, or reject the resolution for such inclusion, in which last case the Secretary of the Central Committee shall forthwith inform the Secretary of the Board concerned, in writing, of the reasons for the rejection.

   (3) The Central Committee having prepared a draft agenda for the Central Committee in accordance with subregulation (3), the Secretary of the Central Committee shall deliver a copy thereof to the Commissioner not later than 30 days immediately before the date on which the Central Conference is due to commence.

   (4) The Commissioner shall consider the draft agenda delivered to him in accordance with subregulation (3) and may approve the draft agenda either as it stands or after making such amendments, including the deletion of any resolution or the insertion of a new resolution, as he thinks desirable, whereupon the draft agenda, as so approved, shall be the agenda for the Central Conference.

   (5) Before approving the draft agenda under subregulation (4), the Commissioner shall take into account any representations in respect thereof which may be made to him by any prison officer of or above the rank of Assistant Commissioner and shall, for this purpose, make the draft agenda, as prepared by the Central Committee, available to every such officer for his perusal.

   (6) Where the Commissioner deletes a resolution included in the draft agenda prepared by the Central Committee, he shall forthwith inform the Secretary of the Central Committee, in writing, of the reasons for the deletion and the Secretary of the Central Committee shall cause those reasons to be given to the Central Conference.

 

11.   Procedure following Central Conference

   (1) Within 14 days immediately after the end of the Central Conference, the Central Committee shall cause to be prepared and delivered to the Commissioner a memorandum setting out every resolution voted upon by the delegates to the Conference, whether the resolution was or was not passed by the delegates, the number of votes cast for the resolution, the number of votes cast against the resolution and the number of abstentions in respect thereof.

   (2) On receipt of the memorandum referred to in subregulation (1), the Commissioner shall carefully consider all the resolutions therein set out and the related voting figures and-

 

   (a)   may take such action within his lawful powers as he considers appropriate to give effect to any resolution passed by the delegates to the Central Conference; and

 

   (b)   shall refer to the Minister any resolution which, in his opinion, requires the Minister's consideration.

   (3) Where the Commissioner takes action under subregulation (2)(a) to give effect to a resolution, he shall forward to the Secretary of the Central Committee a report in writing setting out the details of that action and the Secretary of the Central Committee shall forthwith take steps to bring the contents of the report to the attention of the members of the Association.

 

12.   General provisions relating to procedure

   (1) The Chairman at the Central Conference or the Chairman at a meeting of the Central Committee or of a Branch Board shall have both an original and a casting vote.

   (2) Every prison officer of or above the rank of Assistant Commissioner shall be entitled to attend the Central Conference and any meeting of the Central Committee or of a Branch Board:

   Provided that-

 

   (i)   no such officer shall take any part in the proceedings thereof unless invited to do so by a majority of the delegates or members, as the case may be, present and voting thereat; and

 

   (ii)   where such an officer is invited to take part in the proceedings thereof, he shall not vote on any question.

   (3) Subject to these Regulations, the Central Conference, the Central Committee and the Branch Boards shall each regulate its own procedure.

 

13.   Official permission to attend Central Conference or meeting of Central Committee or Branch Board

   Except where in special circumstances a prison officer is required for duty for which no substitute is reasonably available, he shall be given official permission to attend the Central Conference or any meeting of the Central Committee or of a Branch Board which he is otherwise entitled to attend as a delegate to the Central Conference or as a member of the Central Committee or of the Branch Board, as the case may be, and, where he does so attend with official permission, he shall be deemed to do so as part of his duty as a prison officer.

ESTABLISHMENT OF NATIONAL PAROLE BOARD ORDER

 

(under section 84)

 

(23rd November, 1984)

 

ARRANGEMENT OF PARAGRAPHS

 

   PARAGRAPH

 

 

 

   1.   Citation

 

   2.   Establishment

 

 

S.I. 141, 1984.

 

1.   Citation

   This Order may be cited as the Establishment of National Parole Board Order.

 

2.   Establishment

   There is hereby established a National Parole Board.

PRISONS REGULATIONS

 

(under section 147)

 

(27th August, 1965)

 

ARRANGEMENT OF REGULATIONS

 

PART I
Preliminary

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Manner in which Regulations shall be applied

 

 

 

PART II
Classification of Prisons and Prisoners

 

   4.   Classes of prisons

 

   5.   Classification of prisoners

 

   6.   Transfer of prisoners between classes

 

   7.   Institution of other classes

 

   8.   Earnings scheme

 

   9.   Eligibility for earnings scheme

 

   10.   Purchases under earnings scheme

 

 

 

PART III
Medical Officers and the Health of Prisoners

 

   11.   Inspection of prisons

 

   12.   Medical examination of classified convicted prisoners

 

   13.   Report on and treatment of sick prisoners

 

   14.   Form of medical report on prisoners under sentence of death, etc.

 

   15.   Report by medical officer if he is of the opinion that the life of a prisoner is likely to be endangered, etc.

 

   16.   Pregnancy of female prisoners

 

   17.   Safe keeping of drugs, etc.

 

   18.   Attendance at corporal punishment

 

   19.   Prevention of spread of disease

 

   20.   Post-mortem examinations

 

 

 

PART IV
Accommodation in and General Management of Prisons

 

   21.   Sleeping accommodation

 

   22.   Cleanliness of prisons

 

   23.   Punishment cells

 

   24.   Search of prisoners

 

   25.   Unclaimed prisoners' property

 

   26.   Recording of particulars

 

   27.   Fingerprints

 

   28.   Information for prisoners to be provided in cells or wards

 

   29.   Officer in charge to ensure that information is understood

 

 

 

PART V
Treatment of Prisoners

 

   30.   Use of force

 

   31.   Clothing

 

   32.   Bedding

 

   33.   Cleanliness of clothes and bedding

 

   34.   Food

 

   35.   Restriction on alcohol and tobacco

 

   36.   Cleanliness of prisoners

 

   37.   Exercise

 

   38.   Visits and letters

 

   39.   Transfer of prisoner to enable him to be visited

 

   40.   Postponement of privileges of letters and visits

 

   41.   Visits to sick prisoners

 

   42.   Conditions relating to visits

 

   43.   Letters to be read

 

   44.   Visits by legal practitioners and diplomatic representatives

 

   45.   Visits and letters: certain special cases

 

   46.   Visits by police officers and process servers

 

   47.   Religion and religious instruction

 

   48.   Education

 

   49.   Prison visitors

 

   50.   Prisoner to have facilities to appeal

 

   51.   Petitions

 

 

 

PART VI
Discipline of Prisoners

 

   52.   Clothing, bedding, etc. during punishment

 

   53.   Mechanical restraint of prisoners

 

   54.   Prevention of escapes

 

   55.   Action on report of escapees

 

   56.Treatment of escapees

 

 

 

PART VII
Employment of Prisoners

 

   57.   Employment of prisoners

 

   58.   Work of unfit prisoners

 

   59.   Work of female prisoners

 

   60.   Hours of work

 

   61.   Record of work

 

   62.   Holidays

 

 

 

PART VIII
Remission of Sentence

 

   63.   Calculation of remission

 

   64.   Remission system to be explained to prisoners

 

   65.   Record of remission to be kept

 

   66.   Report to Commissioner of admission of certain prisoners

 

   67.   Commissioner's report to be forwarded to Minister in January of each year

 

 

 

PART IX
Treatment of Special Classes of Prisoners

 

   68.   Appellant prisoners

 

   69.   Unconvicted prisoners

 

   70.   Search of prisoner under sentence of death

 

   71.   Search of cell occupied by prisoner under sentence of death

 

   72.   Restriction on entering cell occupied by prisoner under sentence of death

 

   73.   Transfer of prisoner under sentence of death to prison where sentence to be executed

 

   74.   Guarding prisoner under sentence of death

 

   75.   Visits to prisoner under sentence of death

 

   76.   Correspondence by prisoner under sentence of death

 

   77.   Formal statement to authorities by prisoner under sentence of death

 

   78.   Execution of death sentence

 

   79.   Burial of body of executed prisoner

 

 

 

PART X
Disciplinary Proceedings against Prison Officers

 

   80.   Bar on disciplinary proceedings while criminal proceedings pending

 

   81.   Acquittal or conviction no bar to disciplinary proceedings for different offence

 

   82.   Charge of alternative disciplinary offence

 

   83.   Accused to be given copy of charge

 

   84.   Defence of officer accused

 

   85.   Powers of Commissioner on review in relation to alternative and other offences proved

 

   86.   Appeals to Prisons Council

 

 

 

PART XI
Visiting Committees

 

   87.   Appointment of Visiting Committee members

 

   88.   Officers who are to accompany Visiting Committee members

 

 

 

PART XII
Miscellaneous

 

   89.   Visits and inspections

 

   90.   Badges of rank

 

   91.   Attestation

 

   92.   Training

 

   93.   Dismissal of prison officer from Service

 

   94.   Presumption as to conviction

 

 

 

   .   First Schedule - Rate of Earnings

 

      Second Schedule - Report on Prisoner by a Medical Officer

 

      Third Schedule - Ordinary Diet

 

      Fourth Schedule - Badges of Rank

 

      Fifth Schedule - Declaration of Enlistment

 

 

L.N. 37, 1965,
L.N. 69, 1966,
L.N. 84, 1966,
S.I. 11, 1968,
S.I. 37, 1975,
S.I. 67, 1975,
S.I. 27, 1980,
S.I. 14, 1988,
S.I. 97, 1988,
S.I 106, 1990.

PART I
Preliminary
(regs 1-3)

 

1.   Citation

   These Regulations may be cited as the Prisons Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "long sentence prisoner" means a prisoner who is sentenced to imprisonment for a period exceeding six months or for consecutive periods the total of which exceeds six months;

   "short sentence prisoner" means a prisoner who is sentenced to imprisonment for a period of six months or less.

 

3.   Manner in which Regulations shall be applied

   These Regulations shall be applied, due allowance being made for differences in character and amenability to discipline in various types of prisoners, in accordance with the following principles-

 

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

 

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

 

   (c)   at all times the treatment of convicted prisoners shall be such as to encourage their self-respect and sense of personal responsibility, so as to rebuild their morale, to inculcate in them the habit of good citizenship and hard work, to encourage them to lead a good and useful life on discharge and to fit them to do so.

PART II
Classification of Prisons and Prisoners
(regs 4-10)

 

4.   Classes of prisons

   The Commissioner may set aside prisons or parts of prisons for the detention of particular classes of prisoners.

 

5.   Classification of prisoners

   (1) With a view to facilitating the training of prisoners and minimizing the danger of contamination, prisoners shall be classified having regard to their age, character and previous history in the following classes-

 

   (a)   Young Prisoner Class, which shall consist of convicted prisoners under the apparent age of 18 years or young convicted prisoners of whatever age who in the opinion of the officer in charge should not, having regard to their age and character, be classed with adult prisoners;

 

   (b)   Star Class, which shall consist of convicted prisoners not being in the Young Prisoner Class who are first offenders or well behaved prisoners and who the officer in charge is satisfied have no vicious tendencies or habits;

 

   (c)   Ordinary Class, which shall consist of all convicted prisoners who are not in the Young Prisoner Class or Star Class;

 

   (d)   Unconvicted Class, which shall consist of all unconvicted prisoners.

   (2) Arrangements shall be made at all prisons to provide, as far as practicable, for effective segregation of the various classes of prisoners from each other at all times.

 

6.   Transfer of prisoners between classes

   (1) The officer in charge may in his discretion at any time remove from the Young Prisoners Class a prisoner of 18 years of age or over whom he regards as unsuitable by character for that class, and may place him in the Star Class.

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

   (3) The Commissioner may require each class of convicted prisoner to wear a distinguishing badge or uniform.

 

7.   Institution of other classes

   The Commissioner may institute such other classes as may in his opinion be necessary for improving the method of classification, and he may in his discretion authorize in particular cases, or at particular prisons, departure from the provisions of regulation 6.

 

8.   Earnings scheme

   (1) Useful work performed under the provisions of Part VII shall be work constituting the earnings scheme hereby prescribed for the purposes of section 96 of the Act.

   (2) The rates of earnings for each grade are prescribed in the First Schedule.

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