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CRIMINAL PROCEDURE CODE
(CHAPTER 7)
YOUTHFUL OFFENDERS (PLACES OF DETENTION) RULES
S 19/83
S 115/69
REVISED EDITION 2001
(1st October 2001)
SUBSIDIARY LEGISLATION
YOUTHFUL OFFENDERS (PLACES OF DETENTION) RULES
ARRANGEMENT OF RULES
Rule
1. Citation.
2. Interpretation.
3. Administration.
PART I
ACCOMMODATION
4. Accommodation.
5. Accommodation by night.
6. Place for sick inmates.
7. Female inmates.
PART II
ADMISSION, DISCHARGE & REMOVAL
8. Admission and search of inmates.
9. Inmate’s property.
10. Particulars of inmate.
11. Medical examination on admission.
12. Bath on reception.
13. Disease on admission.
14. Notification of rules.
15. Medical examination before transfer or discharge.
16. Privacy during transfer.
17. Custody outside place of detention.
18. Children of female inmate.
PART III
PROHIBITED ARTICLES
19. Possession.
20. Conveyance of prohibited articles.
21. Search on entering or leaving.
22. Liquor.
23. Tobacco.
PART IV
CLOTHING AND BEDDING
24. Clothing outfit.
25. Bedding scale.
26. Excess prohibited.
PART V
FOOD
27. Diet.
28. Extra food.
29. Complaints about food.
PART VI
HEALTH AND CLEANLINESS
30. Bath and hair cutting.
31. Hair cutting of females.
32. General cleanliness.
33. Exercise.
PART VII
EMPLOYMENT
34. Work.
35. Holidays.
PART VIII
RELIGIOUS INSTRUCTIONS
36. Religion.
37. Religious books.
PART IX
EDUCATION
38. Classes.
39. Library books.
PART X
VISITS AND COMMUNICATIONS
40. Letters and visitors.
41. Home leave.
42. Visit by legal adviser.
43. Visit by police officers.
44. Letters.
PART XI
OFFENCES AGAINST DISCIPLINE
45. Reports on inmates.
46. Inmates may be segregated.
47. Inmates to be informed of alleged offence.
48. Offences.
49. Punishment by Warden.
50. Advisory Board’s powers.
51. Power to award corporal punishment.
52. Remission of punishment.
53. Requirement of certificate of Medical Officer that inmate is fit to undergo punishment.
54. Visit to inmates sentenced to confinement.
55. Corporal punishment.
56. Restricted diets.
PART XII
RESTRAINTS
57. Mechanical restraint forbidden as a punishment.
58. Circumstances in which mechanical restraint may be ordered.
59. Violent inmates may be confined temporarily to a special room.
PART XIII
COMPLAINTS BY INMATES
60. Complaints.
PART XIV
CLASSIFICATION AND GRADES
61. Classification of inmates.
62. Inmates to be divided into grades.
PART XV
DISCHARGE ON PAROLE
63. Discharge on parole after 12 months.
PART XVI
STAFF
64. Officer to conform to rules and regulations.
65. No absence without leave.
66. Health of inmates to be brought to the notice of Warden.
67. Officers dealing with inmates.
68. Officers not to act on behalf of any inmate.
69. Officers not to receive fees.
70. Communication with ex-inmates.
71. Officers to have no dealings with contractors.
72. Officers to submit to search.
73. Officers not to communicate with press.
74. Officers’ quarters.
75. Clothing allowance.
76. Teaching allowance.
PART XVII
WARDEN
77. Responsibilities of Warden.
78. General duties.
79. Power to suspend.
80. Warden to carry out the recommendations of the MedicalOfficer.
81. Warden to inform relatives of inmates.
82. Warden to report cases of insanity.
83. Warden to maintain place of detention in proper order.
84. Warden to notify Coroner of death of inmate.
85. Inquest on inmates.
86. Appointment of officer in the absence of Warden.
87. Visitors to place of detention.
88. Removal of visitor for misconduct.
89. Fire precautions.
PART XVIII
MEDICAL OFFICER
90. General duties.
91. Reports by Medical Officer.
92. Visits by Medical Officer.
93. Quarterly inspection.
94. Food inspection.
95. Reports on dangers to inmates’ health.
96. Mental health of inmate.
97. Contagious diseases.
PART XIX
HOUSEMASTERS
98. Housemaster’s responsibility.
99. Assistant Housemaster.
100. Duties of Housemasters.
101. Housemasters officers of the place of detention.
PART XX
ADVISORY BOARD
102. Appointment, duties and power of the Advisory Board.
PART XXI
APPOINTMENT OF PLACES OF DETENTION
103. Appointment of places of detention.
FIRST SCHEDULE
— DIET SCALES PER INMATE
— RESTRICTED DIET
SECOND SCHEDULE
— ORDER FOR RELEASE ON PAROLE
— ORDER FOR FURTHER RELEASE ON PAROLE
— WARRANT OF RE-ARREST AND RE- COMMITTAL
— HOME LEAVE
THIRD SCHEDULE
— APPOINTED PLACES OF DETENTION
________________________
SUBSIDIARY LEGISLATION
Rules under section 262 relating to youthful offenders
YOUTHFUL OFFENDERS (PLACES OF DETENTION) RULES
Citation.
1. These Rules may be cited as the Youthful Offenders (Places ofDetention) Rules.
Interpretation.
2. In these Rules unless the context otherwise requires —
“Advisory Board” means the person or body of persons appointed for the relevant year in relation to a place of detention by the Minister under subsection (5) (c) of section 262 of the Criminal Procedure Code (Chapter 7) and rule 102 of these Rules;
“Assistant Housemaster” means a person appointed by His Majesty to be Assistant Housemaster or Assistant Housemistress of a place of detention;
“Assistant Warden” means an officer appointed by His Majesty the Sultan and Yang Di-Pertuan to be an Assistant Warden in a place of detention;
“Criminal Procedure Code” means the Brunei Darussalam Criminal Procedure Code (Chapter 7);
“directed” means directed by a Warden, Housemaster or AssistantHousemaster;
“Housemaster” means a person appointed by His Majesty to be Housemaster or Housemistress of a place of detention;
“inmate” means —
(a) a person detained or ordered to be detained in a place ofdetention under the provisions of the Criminal Procedure Code (Chapter 7);and
(b) a person discharged on parole under Part 15 of these Rules;
“Medical Officer” means the person appointed by the Director of Medical Services as Medical Officer of a place of detention;
“Officer” means any officer working in, or in a post connectedwith, a place of detention;
“place of detention” means a place of detention for youthfuloffenders;
“Superintendent” means the officer appointed by His Majesty asSuperintendent of all places of detention;
“Warden” means the officer appointed by His Majesty to be theWarden of a place of detention.
Administration.
3. (1) A place of detention shall be under the general charge andadministration of a Warden, who shall be subject to and comply with suchdirections as may be given to him by the Superintendent.
(2) His Majesty shall appoint for each place of detention a Warden and suchnumber of Assistant Wardens, Housemasters, Assistant Housemasters and otherofficers as may be necessary.
PART I
ACCOMMODATION
Accommodation.
4. (1) A room or dormitory shall not be used for the confinement ofinmates, unless it is certified by the Superintendent, on the advice of aMedical Officer, to be of such a size, and to be lit, ventilated and equipped insuch manner, as may be requisite for health.
(2) The certificate shall specify the maximum number of inmates to belocated at any one time in such room or dormitory, and the number so specifiedshall not be exceeded. In special circumstances, with the authority of theSuperintendent, inmates may be located in tents.
Accommodation by night.
5. Inmates may be accommodated by night in rooms or dormitories withnot less than 3
inmates in each room or dormitory. Each inmate shall be provided with aseparate bed.
Place for sick inmates.
6. Sufficient accommodation for the reception, accommodation andtreatment of sick inmates shall be provided in a place of detention.
Female inmates.
7. (1) Female inmates shall be accommodated entirely separately frommale inmates.
(2) Where a part of a place of detention which contains both male and female inmates has been set apart for female inmates, that part shall be in charge of a woman officer. It shall be entirely separate from the other part and shall be secured by locks, of which the keys shall be under the exclusive control of women officers.
PART II
ADMISSION, DISCHARGE & REMOVAL
Admission and search of inmates.
8. (1) The Warden shall, upon the delivery to him of a detentionorder, make all necessary arrangements for the conveyance of the inmate namedtherein to the place of detention.
(2) An inmate shall be searched on admission and at such times subsequentlyas may be directed, and all unauthorised articles shall be taken from him.
(3) The searching of an inmate shall be conducted in as seemly a manner asis consistent with the necessity of discovering any concealed article.
(4) A female inmate shall be searched by women only.
Inmate’s property.
9. All money, clothing or other effects belonging to an inmate, whichhe is not allowed to retain, shall be placed in the custody of the Warden, whoshall keep an inventory thereof, which shall be signed by the inmate.
Particulars of inmate.
10. On admission, and from time to time as may be required, everyinmate shall be photographed and his or her name, age, height, weight, distinguishing and other measurements and particulars shall be recorded insuch a manner as may be directed.
Medical examination on admission.
11. An inmate shall, on the ............. day of his reception or as soon aspossible thereafter be examined by the Medical Officer.
Bath on reception.
12. An inmate shall be given a bath on the ............. day of his reception,unless it is otherwise directed, in any particular case, by the Warden orMedical Officer.
Disease on admission.
13. If an inmate is found to have any infectious or contagious diseaseor to be in a verminous condition, steps shall at once be taken to treat thecondition and to prevent it from spreading to other inmates.
Notification of rules.
14. The Warden shall see an inmate on reception and explain to him therules of the place of detention.
Medical examination before transfer or discharge.
15. An inmate shall be examined by the Medical Officer before beingdischarged, or removed to another place of detention. No inmate shall be removedto any other place of detention unless the Medical Officer certifies that he isfit for removal. No inmate who is suffering from any acute or dangerous illnessshall be discharged from the place of detention until, in the opinion of theMedical Officer, it is safe to do so or, his sentence having expired, he refusesto stay.
Privacy during transfer.
16. An inmate shall be exposed to public view as little as possiblewhile being removed from, or taken to, a place of detention.
Custody outside place of detention.
17. An inmate, for whose production at any place an order is issued,shall, while outside the place of detention, remain in the lawful custody of theofficers directed to convey him to that place.
Children of female inmate.
18. Subject to such conditions as may be prescribed by theSuperintendent, the infant child of a female inmate may be received into a placeof detention with its mother, and may be supplied with clothing and necessariesat the Government expense.
PART III
PROHIBITED ARTICLES
Possession.
19. No inmate shall have in his possession any prohibited article. Anysuch article which may be found in the possession of an inmate may beconfiscated by the Warden.
Conveyance of prohibited articles.
20. No person shall, without authority, convey or throw into, ordeposit in, a place of detention, or convey or throw out of a place ofdetention, or convey to any inmate of a place of detention, or deposit with aview to its coming into possession of any such inmate, any money, clothing, food, drug, drink, tobacco, letter, paper, book, tool, or other article. Anything so conveyed, deposited or thrown without authority may beconfiscated by the Warden.
Search on entering or leaving.
21. Any person or vehicle entering or leaving a place of detention maybe examined and searched. Any person suspected of bringing any prohibitedarticle into the place of detention, or of carrying out any prohibitedarticle or any property belonging to a place of detention, shall be stopped, andimmediate notice thereof shall be given to the Warden.
Liquor.
22. No inmate shall be given, or allowed to have any intoxicatingliquor.
Tobacco.
23. No inmate shall be allowed to smoke, or to have in his possessionany tobacco, except in accordance with such orders as may be given by theWarden.
PART IV
CLOTHING AND BEDDING
Clothing outfit.
24. An inmate shall be provided with an outfit of clothing adequatefor warmth and health in accordance with a scale approved by theSuperintendent:
Provided, however, that, with the authority of the Warden, other clothing maybe worn in special circumstances or if recommended by the Medical Officer.
Bedding scale.
25. An inmate shall be supplied with bedding adequate for warmth and health in accordance with a scale approved by the Superintendent. Additional bedding may be authorised in specialcircumstances on the recommendation of the Medical Officer.
Excess prohibited.
26. Except as provided in rules 24 and 25, no inmate shall, withoutthe authority of the Warden, receive or have in his possession any clothing,bedding, or equipment, in excess of the authorised allowance.
PART V
FOOD
Diet.
27. An inmate shall be supplied with food in accordance with thedietary scales set out in the First Schedule to these Rules.
Extra food.
28. No inmate shall receive, or have in his possession any food otherthan the allowance authorised by the dietary scales, except —
(a) with the authority of the Warden; or
(b) with the authority of the Medical Officer, if a variation ofdiet is desirable on medical grounds.
Complaints about food.
29. An inmate who has any complaint to make regarding food supplied tohim must make it as soon as possible after the food is served.
PART VI
HEALTH AND CLEANLINESS
Bath and hair cutting.
30. An inmate shall obey such directions as may from time to time begiven as regards washing, bathing, shaving and hair cutting.
Hair cutting of females.
31. A girl’s hair shall not be cut off without her consent,unless it is verminous or dirty, or when the Medical Officer deems it requisiteon the ground of health.
General cleanliness.
32. An inmate shall keep his room, utensils, books and any articlesissued for his use, and his clothing and bedding, clean and neatly arranged, asmay be directed.
Exercise.
33. (1) An inmate, if medically fit, shall be exercised regularly atphysical drill and gymnastics.
(2) An inmate, unless excused by the Medical Officer on medical grounds,shall take such exercise as may be directed.
PART VII
EMPLOYMENT
Work.
34. (1) An inmate, unless excused by the Medical Officer on medicalgrounds, shall, from the beginning of his sentence, be employed, on thenecessary services of the place of detention, or in workshops or on outdoorwork; and shall be instructed, as far as possible, in useful occupations, whichmay help him to earn his livelihood on discharge.
(2) An inmate who has not been excused by the Medical Officer shall berequired to work at least 35 hours a week.
(3) The Warden of a place of detention may introduce therein a schemeapproved by the Superintendent under which inmates may receive payment for workdone.
Holidays.
35. Arrangements shall be made for the avoidance of all unnecessarywork on one day in each week, as the Superintendent may direct, and on allpublic holidays.
PART VIII
RELIGIOUS INSTRUCTIONS
Religion.
36. Adequate arrangements shall be made for the provision of Islamic religious ministration or instruction to an inmate who professes theIslamic religion.
Religious books.
37. An inmate shall, from the beginning of his training, be furnishedwith such religious books, as may be available.
PART IX
EDUCATION
Classes.
38. Provision shall be made for educational classes for the benefit ofall inmates.
Library books.
39. A library of books for the use of the inmates shall be provided ina place of detention. An inmate shall be allowed to have not more than 3 librarybooks in his room at any one time and to exchange them as often as may bepossible.
PART X
VISITS AND COMMUNICATIONS
Letters and visitors.
40. (1) Communications between an inmate and his relatives andfriends shall be allowed, subject to such restrictions as may be necessary forthe maintenance of discipline and order in the place of detention and for thewelfare of the inmates.
(2) An inmate shall be allowed to write and receive letters on arrival at aplace of detention. He shall be further allowed to write to, and receive from, approved correspondents one letter a month. An inmateshall be allowed to receive a visit from approved visitors (not exceeding 3 innumber at any one time) at intervals of not less than 2 months. These privilegesshall not be liable to forfeiture for any offence against discipline under PartII of these Rules.
(3) In addition, the Warden may allow an inmate to write a special letterand to receive a reply thereto or to receive a special visit, if the Wardendeems such a letter or visit necessary or expedient.
(4) The Warden may at any time communicate to an inmate, or to his friends,any matter of importance to such inmate.
(5) The degree of supervision to be exercised during visit to an inmateshall be at the discretion of the Warden.
Home leave.
41. (1) The Warden may permit an inmate on such conditions and forsuch period as the Warden may specify, to be absent from a place of detention.Should the inmate break any condition, while absent from the place of detention,he shall be liable to be dealt with as though he had been discharged on a parolelicence.
(2) Such permission shall be given in the form set out in the SecondSchedule.
Visit by legal adviser.
42. (1) Reasonable facilities will be allowed to the legal adviser ofany inmate to see him in reference to any legal matters, in the sight but not inthe hearing of an officer of the place of detention.
(2) For the purpose of this rule “legal adviser” means the inmate’s counsel or solicitor, or the authorised clerk of suchcounsel or solicitor.
Visit by police officer.
43. On production of an order from the proper police authority, apolice officer may visit an inmate in the place of detention, in the sight andhearing of an officer of the place of detention.
Letters.
44. A letter to or from an inmate shall be read by the Warden, or by aresponsible officer deputed by him of the purpose. It shall be within thediscretion of the Warden to stop any letter, if he considers the contents to beobjectionable.
PART XI
OFFENCES AGAINST DISCIPLINE
Reports on inmates.
45. A report against an inmate shall be dealt with by the Warden.
Inmate may be segregated.
46. When an inmate has been reported for an offence, the Warden mayorder him to be kept apart from other inmates, pending adjudication.
Inmate to be informed of alleged offence.
47. An inmate shall, before a report is dealt with, be informed of theoffence for which he has been reported and shall be given an opportunity ofhearing the facts alleged against him and of being heard in his defence.
Offences.
48. An inmate shall be guilty of an offence against place of detentiondiscipline if he —
(a) disobeys an order of the Warden or of any other officer of theplace of detention;
(b) is idle, careless, negligent at work, or refuses to work;
(c) is indecent in language, act or gesture;
(d) escapes from the place of detention or from legal custody;
(e) mutinies or incites other inmates to mutiny;
(f) commits personal violence against any officer or servant of theplace of detention, or any other inmate;
(g) in any way offends against these rules or the good order anddiscipline of the place of detention;
(h) attempts to do any of the foregoing things.
Punishment by Warden.
49. (1) The Warden may examine any person touching any allegedoffence against the discipline of the place of detention and determinethereupon, and make one or more of the following awards —
(a) removal to the Penal Grade;
(b) deprivation of any of the following privileges for a period notexceeding one month —
(i) association;
(ii) playing games;
(iii) earnings;
(c) loss of stage or grade for a period not exceeding 3 months;
(d) confinement to a room for a period not exceeding 3 days;
(e) restricted diet for a period not exceeding 3 days;
(f) deprivation of mattress for a period not exceeding 7 days.
(2) An offence against discipline shall be reported forthwith. The Wardenshall investigate such reports as soon as practicable.
Advisory Board’s powers.
50. (1) Where an inmate is reported for any of the followingoffences, viz —
(a) escaping from the place of detention or from legal custody;
(b) a serious or repeated offence against discipline for which such award as the Warden is authorised to make is deemed by him insufficient;
(c) an offence upon which the Warden, having regard to thecircumstances of the case, thinks it expedient that the Advisory Board shouldadjudicate,
the Warden may forthwith report the offence to the Chairman of the AdvisoryBoard, who shall thereupon arrange for not less than 2 members of the Board toenquire into the report.
(2) Where an enquiry is held under paragraph (1) of this rule, the members of the Advisory Board may make one or more of the following awards —
(i) any award authorised under rule 49(1);
(ii) deprivation of privilege;
(iii) loss of stage or grade;
(iv) deprivation of mattress for a period not exceeding 15 days;
(v) confinement to a room for a period not exceeding 14 days;
(vi) restricted diet for a period not exceeding 15 days;
(vii) whipping with a light cane not exceeding 10 strokes.
(3) Offences may also be reported to the Superintendent, and theSuperintendent shall have authority to enquire into the report and deal with itin the same manner as the Advisory Board.
Power to award corporal punishment.
51. (1) If an inmate is charged with —
(a) mutiny or incitement to mutiny;
(b) gross personal violence to an officer or servant of the placeof detention, or to another inmate,
the Warden shall, forthwith, report the same to the Advisory Board.
(2) Two members of the Board may determine the matter and make awards undertheir powers as set forth in rule 50 or, in the case of a male inmate, order corporal punishment. This shall not exceed 6 strokes, in thecase of a juvenile under the age of 14 years, and 10 strokes, in the case of anyother inmate, in addition to or in lieu of any such awards.
(3) Whenever an order for corporal punishment is made, the Advisory Boardshall forthwith furnish to the Superintendent a copy of the note of evidence,and a report of the order and of the grounds on which it was made. Such ordershall not be carried into effect until it has been confirmed by theSuperintendent.
(4) The order for corporal punishment shall be duly entered in theprescribed manner, and the number of strokes shall in all cases be stated in theorder.
Remission of punishment.
52. (1) A disciplinary award may be remitted or reduced by theSuperintendent.
(2) A disciplinary award, other than one of corporal punishment, may bedetermined at any time during the currency thereof by the Warden. In any casewhere such an award has been made by the Advisory Board or Superintendent, heshall forthwith inform them of the action taken by him.
Requirement of certificate of Medical Officer that inmate is fit toundergo punishment.
53. Confinement to a room, corporal punishment or restriction of dietshall in no case be awarded unless the Medical Officer has certified that theinmate is in a fit condition of health to sustain it.
Visit to inmates sentenced to confinement.
54. An inmate undergoing confinement to a room, or subjected torestricted diet, shall be visited at least once a day by the Warden. An inmateconfined to a room shall be visited by the appointed officer at intervals of notmore than 3 hours during the day.
Corporal punishment.
55. (1) The carrying out of corporal punishment within a place ofdetention shall be attended by the Warden and the Medical Officer.
(2) The Medical Officer shall, immediately before the punishment is inflicted, examine the inmate and satisfy himself that he is in a fit conditionof health to undergo the punishment, and shall make such recommendations forpreventing injury to the inmate’s health as he may deem necessary. TheWarden shall carry such recommendations into effect.
(3) At any time after the infliction of the punishment has commenced theMedical Officer may, if he deems it necessary in order to prevent injury to theinmate’s health, recommend that no further punishment be inflicted. TheWarden shall thereupon remit the remainder of the punishment.
(4) The Warden shall enter in the corporal punishment book the hour at whichthe punishment was inflicted, the number of strokes inflicted, and any orderswhich he may have given as to remission.
(5) Corporal punishment shall be inflicted with a light cane.
Restricted diets.
56. (1) The restricted diets which may be awarded under rules 49 and50 shall be prescribed from time to time by His Majesty in Council.
(2) If a restricted diet is ordered for a longer period than 6 days, theoffender shall receive 3 days ordinary diet after each period of 6 daysrestricted diets.
(3) An inmate shall not be obliged to work on any day on which restricteddiet constitutes the sole food supplied to him. The inmate may, nevertheless, beallowed to perform suitable labour, if he so elects.
(4) An inmate who has been on restricted diet shall not be placed upon thisdiet for a fresh offence until an interval has elapsed equal to the periodalready spent by the inmate on restricted diet.
PART XII
RESTRAINTS
Mechanical restraints forbidden as a punishment.
57. No inmate shall be put under mechanical restraints as apunishment.
Circumstances in which mechanical restraint may be ordered.
58. (1) The Warden may place an inmate under mechanical restraintwhen it appears to him to be necessary in order to prevent an inmate frominjuring himself or others, or from damaging property or creating a disturbance.Notice thereof shall forthwith be given to the Medical Officer.
(2) No inmate shall be kept under mechanical restraint for longer than isnecessary, and in any case not for more than 24 hours, unless an order inwriting from the Warden is given, specifying the cause thereof and the timeduring which the inmate is to be so kept.
(3) Particulars of every case of mechanical restraint shall be forthwithrecorded by the Warden.
Violent inmates may be confined temporarily to a special room.
59. The Warden may order any refractory violent inmate to betemporarily confined in a special room certified for the purpose, but no inmateshall be confined in such a room as a punishment or for longer than isnecessary.
PART XIII
COMPLAINTS BY INMATES
Complaints.
60. (1) A request by an inmate to see the Warden or Superintendent ora member of the Advisory Board shall be recorded by the officer to whom it ismade and conveyed, without delay, to the Warden, who shall inform theSuperintendent or member of the Advisory Board, as the case may be, of any suchrequest.
(2) The Warden shall, at a convenient hour every day, other than the weeklyholiday and public holidays, hear the application of any inmate who hasrequested to see him.
PART XIV
CLASSIFICATION AND GRADES
Classification of inmates.
61. The Superintendent shall classify all inmates, having regard to their character, previous history and other relevant circumstancesand shall arrange for each inmate to receive his training at the place ofdetention which in his opinion is most suitable.
Inmates to be divided into grades.
62. (1) An inmate may be placed in the Penal Grade by order of theWarden, if he is satisfied that such inmate is exercising a bad influence or isidle or ill-conducted. No inmate shall be detained in it longer than isnecessary in the interests of himself or others. While in the Penal Grade heshall not be employed in association with other inmates and shall receive nopayment.
(2) An inmate shall not be promoted in grade, except after fullconsideration of the circumstances of his case by a Board, called the“Place of Detention Board”, composed of such officers as theSuperintendent may decide. The board may also order reversion to a lower grade,if, for some reason other than an act of misconduct, they consider itdesirable.
PART XV
DISCHARGE ON PAROLE
Discharge on parole after 12 months.
63. (1) An inmate shall become eligible for release on parole afterhe has served 12 months of his terms of detention. If the Place of DetentionBoard, after consideration of an inmate’s character and conduct, are ofthe opinion that there is a reasonable probability that he will lead a usefuland industrious life and abstain from crime, they shall so recommend to theAdvisory Board.
(2) The Advisory Board shall consider any recommendation made to them underthis Rule and they may, if they think fit, recommend to the Minister that theinmate be released on parole.
(3) If the Minister is satisfied that an inmate who has been released onparole has escaped from the supervision of the person under whose care he hasbeen placed, or has been guilty of serious and willful breach of the conditionsof his parole, and that case cannot be dealt with by admonition and warning, hemay revoke the parole.
(4) An inmate whose parole has been revoked may, on readmission to a placeof detention, be detained in the Penal Grade for such length of time as theWarden shall deem necessary, having regard to all the circumstances of thecase.
(5) Forms of parole and or revocation of parole, and the conditions thereof,shall be in the appropriate form set out in the Second Schedule to theseRules.
PART XVI
STAFF
Officer to conform to rules and regulations.
64. (1) An officer shall conform to the rules and regulations of theplace of detention and shall support the Warden in the maintenance thereof.
(2) An officer shall obey the lawful instructions of the Warden.
(3) An officer shall report to the Warden any abuse or impropriety which maycome to his knowledge.
No absence without leave.
65. No officer shall be absent from the place of detention withoutleave of the Warden.
Health of inmates to be brought to the notice of Warden.
66. An officer shall direct the attention of the Warden to any inmate, whether he complains or not, who appears to be unwell, or whosestate of mind appears to be deserving of special notice and care. The Wardenshall without delay bring such cases to the notice of the Medical Officer.
Officers dealing with inmates.
67. (1) No officer, in dealing with an inmate, shall use forceunnecessarily. In any case in which the application of force to an inmate isnecessary, no more force than is reasonable shall be used.
(2) No officer shall deliberately act in a manner calculated to provoke aninmate.
(3) No officer shall discuss his duties or any matters of discipline or ofthe place of detention arrangements within the hearing of an inmate.
(4) No officer shall deal with an inmate for an improper purpose.
Officers not to act on behalf of any inmate.
68. (1) No officer shall, without the authority of the Superintendent carry out any pecuniary or business transaction with, or onbehalf of, an inmate.
(2) No officer shall, without the authority of the Warden, bring in or carryout, or attempt to bring in or carry out, or knowingly allow to be brought in orcarried out, to or from an inmate any article whatsoever.
Officers not to receive fees.
69. No officer shall receive any fee, gratuity or other considerationin connection with the admission of any visitor to a place of detention.
Communication with ex-inmates.
70. No officer shall communicate with an ex-inmate or with the friendsor relatives of an inmate or ex-inmate, except with the knowledge of theWarden.
Officers to have no dealings with contractors.
71. No officer shall, directly or indirectly, have any interest in anycontract in connection with a place of detention, nor shall he receive, directlyor indirectly, under any pretence whatever, any fee, gratuity or otherconsideration from any contractor or from any person tendering or any otherperson whatever in connection with any such contract.
Officers to submit to search.
72. An officer or servant of the place of detention shall submithimself to be searched in the place of detention if called upon to do so by theWarden.
Officers not to communicate with press.
73. (1) No officer shall, directly or indirectly, make anyunauthorised communication to any representative of the press or to any otherperson on matters which have become known to him in the course of his officialduties.
(2) No officer shall, without the authority of the Superintendent publishany matter, or make any public pronouncement relating to, a place of detentionor an inmate.
Officers’ quarters.
74. (1) An officer shall occupy such quarters as may be assigned tohim; and shall vacate them, if required to do so by the Superintendent.
(2) On the termination of an officer’s service, he shall give up thequarters he has occupied, as soon as he is required to do so. On the death of anofficer, his family shall give up the quarters, when required to do so.
Clothing allowance.
75. An officer of a place of detention who is required to wearcivilian clothes as part of his duties will receive a clothing allowance at therate of $30.00 per month.
Teaching allowance.
76. An allowance for part-time teaching will be paid in accordancewith the rates paid by the Education of Religious departments, as the case maybe.
PART XVII
WARDEN
Responsibilities of Warden.
77. (1) The Warden shall be responsible for the maintenance ofdiscipline in the place of detention.
(2) The Warden shall also be responsible for all property in the place ofdetention and shall keep the following records —
(a) an inventory of the furniture and tools in the place ofdetention;
(b) a diary in which all occurrences of importance within the placeof detention must be recorded;
(c) a nominal record of each inmate committed to the place of detention, showing the date and period of his commitment, the names andaddresses of his parents (if known), his distinguishing marks, generalappearance, race, language, nationality, apparent age, health, height andweight;
(d) a record of the conduct and health of inmates while in theplace of detention shall be kept;
(e) a punishment book in which all punishments shall be recorded;
(f) an Advisory Board’s book for the entry of observations by members of the Board;
(g) an account of all materials purchased for use in the work shopsof the place of detention and the disposal thereof;
(h) a record of all articles manufactured in the place ofdetention, and of all sales of such articles, showing cost of materials,transport, and other expenses connected thereof.
(3) In the absence of the Warden, the Assistant Warden shall have the powersand duties of the Warden.
(4) The Warden and the Assistant Warden shall never be absent from the placeof detention at the same time.
(5) The Assistant Warden and the subordinate staff of the place of detentionshall be under the orders of the Warden.
(6) The Warden may, subject to the limitations laid down in these Rules,inflict punishment where it appears necessary it should be inflictedimmediately.
General duties.
78. (1) The Warden shall exercise a close and constant personalsupervision of the place of detention. He shall visit and inspect daily allparts of the place of detention where inmates are employed or confined, andshall give special attention to an inmate who is confined to his room, and to aninmate who is a hospital patient.
(2) The Warden shall, from time to time visit the place of detention duringthe night. Such visits shall be made at varying intervals and at varying timesand not less often than twice a fortnight.
(3) The Warden shall interview an inmate as soon as possible after hisreception, and prior to his discharge.
Power to suspend.
79. The Warden, in case of misconduct, may suspend any officer, andshall report the particulars without delay to the Superintendent.
Warden to carry out the recommendations of the Medical Officer.
80. The Warden shall, so far as practicable, carry into effect any written recommendation, made by the Medical Officer ongrounds of health, for the alteration of the discipline or treatment of anyinmate, or for his separation from other inmates.
Warden to inform relatives of inmates.
81. When an inmate is, in the opinion of the Medical Officer,dangerously ill, the Warden shall whenever practicable forthwith inform therelatives of such inmate.
Warden report cases of insanity.
82. The Warden shall, without delay, report to the Superintendent anycase of insanity or apparent insanity occurring among the inmates, or any casein which the Medical Officer has submitted a report under rule 95(1), 95(2) or96(2).
Warden to maintain place of detention in proper order.
83. The Warden shall pay attention to the ventilation, drainage andsanitary condition of the place of detention, and take such measures as may be necessary for their being maintained in proper order.
Warden to notify Coroner of death of inmate.
84. Upon the death of an inmate, the Warden shall give immediatenotice thereof to the Coroner having jurisdiction in respect of such death, tothe Superintendent and, where practicable, to the nearest relative of thedeceased.
Inquest on inmates.
85. (1) The Warden shall supply to the Coroner the name of any inmatewho can give relevant evidence in an inquest about to be held on the body of aninmate.
(2) After any inquest on an inmate the Warden shall report to theSuperintendent the finding of the inquest and such other circumstances ofimportance as may arise at the inquest.
Appointment of officer in absence of Warden.
86. The Superintendent may appoint any officer to perform, in the absence of the Warden, all or any of the duties required to be performed by the Warden.
Visitors to place of detention.
87. (1) Further the Superintendent and the Warden may, in theexercise of his discretion, allow any person to visit the place ofdetention.
(2) No person visiting a place of detention shall, without the permission ofthe Warden, make any sketch, or take any photograph, and this permission shallnot be granted, unless an undertaking is given, that the sketch or photographwill not be published without the authority of the Superintendent.
Removal of visitor for misconduct.
88. The Warden may remove from the place of detention any visitorwhose conduct is improper.
Fire precautions.
89. The Warden shall take care that proper precautions against fireare adopted, and that the appliances for the extinction of fire are at all timeskept in good order and ready for use. He shall take care that instructions aregiven as to the steps to be taken in case of fire, and that all officers areacquainted with their duties in such an event.
PART XVIII
MEDICAL OFFICER
General duties.
90. The Medical Officer shall have the general care of the health ofthe inmates. If practicable he shall visit the place of detention daily.
Report by Medical Officer.
91. The Medical Officer shall report to the Superintendent, throughthe Warden, any circumstances connected with the place of detention or thetreatment of the inmates, which, at any time, appears to him to requireconsideration on medical grounds.
Visits by Medical Officer.
92. (1) The Medical Officer shall visit the place of detention atsuch times as may be prescribed by the Director of Medical Services.
(2) The Medical Officer shall examine an inmate as soon as possible after his admission and before discharge. On each occasion theMedical Officer shall record the health of the inmate and such particulars asmay be prescribed by the Superintendent.
(3) The Medical Officer shall see an inmate who complains of illness, andshall report to the Warden in writing his fitness or otherwise for work. Heshall visit a sick inmate at such times as may be necessary. He shall attend assoon as is practicable on receiving information of the serious illness of anyinmate.
(4) The Medical Officer shall visit an inmate under restraint, confined to aroom, or on restricted diet, and any other inmate to whom his attention isspecially directed.
(5) When an inmate is about to be removed from the place of detention, theMedical Officer shall examine him and certify as to his fitness to travel and onsuch other matters regarding him as may be required.
(6) The Medical Officer shall frequently examine the provisions madefor cleanliness and sanitation and examine that they are in efficient workingorder. He shall report to the Warden any defect or insufficiency therein.
(7) The Medical Officer shall keep a record of the death of an inmate, whichshall include the following particulars —
(a) the time and date when the deceased was taken ill and when theillness was first notified to him;
(b) the nature of the disease;
(c) the time and date of the death; and
(d) an account of the results of any post-mortem examinations madeand any special remarks that appear to him to be required.
Quarterly inspection.
93. Once a quarter, the Medical Officer shall inspect every part ofthe place of detention, for the purpose of ascertaining that nothing existstherein likely to be injurious to the health of the inmates, and, especially,that the ventilation is sufficiently provided for and properly maintained. Theresult of this inspection shall be reported to the Superintendent.
Food inspection.
94. The Medical Officer shall frequently inspect the inmates’food both cooked and uncooked. He shall report to the Warden as to the state andquality of the food, as to any deficiency in the quantity, or the quality, ofthe water, as to the sufficiency of clothing and bedding, and on other matterswhich may affect the health of the inmates.
Reports on dangers to inmates’ health.
95. (1) Whenever the Medical Officer has reason to believe that thehealth of an inmate is likely to be injuriously affected by the discipline ortreatment of a detention centre, he shall report the case in writing, throughthe Warden, to the Superintendent, together with such recommendations as hethinks proper.
(2) Whenever the Medical Officer is of the opinion that the life of anyinmate will be endangered by continued discipline, or that any sick inmate willnot survive his sentence, or is totally and permanently unfit for training, heshall report his opinion and the grounds thereof in writing, through the Wardento the Superintendent.
(3) Whenever any inmate appears to the Medical Officer to be dangerouslyill, he shall give notice thereof to the Warden.
(4) The Medical Officer shall report, in writing to the Warden the case ofany inmate to which he thinks it necessary, on medical grounds, to drawattention, and shall make such recommendations as he deems needful for thealteration of the discipline or treatment of the inmate, or for the supply tohim of additional articles.
Mental health of inmate.
96. (1) The Medical Officer shall keep under close observationany inmate whose mental condition appears to require it. If necessary, heshall take steps as he may consider proper with a view to the segregation orremoval of such inmate to a place of detention designated for the observation ofweak-minded inmates, or to the certification of the inmate under any lawrelating to lunacy, mental deficiency or disorder.
(2) The Medical Officer shall report to the Superintendent, through theWarden, any case of an inmate whose mental health appears likely to becomeimpaired by continued discipline or treatment.
Contagious diseases.
97. The Medical Officer shall submit to the Warden, in writing, arecommendation for separating from other inmates any inmate suffering, orsuspected of suffering, from any infectious or contagious disease, and shallimmediately take steps to treat such disease.
PART XIX
HOUSEMASTERS
Housemaster’s responsibility.
98. Where a place of detention is divided into Houses, a Housemaster shall be responsible for the administration of each house, subjectto the general directions of the Warden.
Assistant Housemaster.
99. One or more Assistant Housemasters may be attached to each House,and shall be subjected to the directions of the Housemaster in charge of theHouse.
Duties of Housemasters.
100. Housemasters and Assistant Housemasters shall devote themselvesto the mental, physical and moral improvement and development of each inmateunder their charge.
Housemasters officers of the place of detention.
101. Housemasters and Assistant Housemasters shall be officers of theplace of detention, and the rules for officers generally shall apply tothem.
PART XX
ADVISORY BOARD
Appointment, duties and power of Advisory Board.
102. (1) The Minister shall for each year appoint a Board to be called “The Advisory Board”.
(2) Any member of the Board may at any time visit any place of detention andduring such a visit may —
(a) inspect the several wards, cells, yards, solitary or punishmentcells and other apartments or divisions of the place of detention;
(b) inspect and test the quality and quantity of the inmates’food;
(c) hear complaints (if any) of the inmates and question any inmatesor member of the staff;
(3) During a visit to a place of detention, a member of the Board shall—
to;
(a) ascertain as far as possible, whether the place of detentionrules are adhered
(b) call the attention of the Warden to any inequality that may beobserved in the working of the place of detention or in the treatment of anyinmate;
(c) exercise and perform such other powers and duties as may beprescribed.
(4) The Board shall appoint one or more of its members, in rotation, tovisit a place of detention in each month of the year.
PART XXI
APPOINTMENT OF PLACES OF DETENTION
Appointment of places of detention.
103. The places specified in the Third Schedule are appointed placesof detention.
FIRST SCHEDULE
(rule 27)
DIET SCALES PER INMATE
Rice 12 tahil daily Sugar 1½ tahil daily Groundnut oil 1½ tahildaily Tea or Coffee ¾ tahil daily Salt ¾ tahil daily Vegetable (anykind) 8 tahil daily Fresh fruits 4 tahil daily Curry stuff ¾ tahil dailyBread 3 ozs daily Condensed Milk 1 oz daily
Soya bean cake 1 oz 5 times a week Meat 8 tahil 3 times a week Fish 8 tahil 3times a week Salted Fish 4 tahil 1 time a week Sweet potatoes 4 tahil 3 times aweek Yam 4 tahil 2 times a week Tapioca or Biscuit 4 tahil 2 times a week Greenpeas 2 tahil 3 times a week Red peas 2 tahil 3 times a week Jam ½ ozdaily
Butter ½ oz daily
RESTRICTED DIET
Bread 16 ozs per day
Cheese 2 ozs per day
SECOND SCHEDULE
Youthful Offenders (Places of Detention) Rules
ORDER FOR RELEASE ON PAROLE
(rule 63)
To the Warden,
WHEREAS by an Order of Detention dated ..............day of .................. 20 .............. , being a youthful offender was in pursuance of the provisions of section 262(1) (d) of the Criminal Procedure Code (Chapter 7) ordered to be detained in the for a period of ;
AND WHEREAS I have been advised by the Advisory Board appointed under section 262(5) (c) of the Criminal Procedure Code (Chapter 7) to release the said youthful offender on parole upon such conditions as are endorsed upon this order;
NOW I HEREBY ORDER that such youthful offender, having been detained for aperiod of one year or more, be released on parole from the said place ofdetention subject to the conditions endorsed upon this order:
AND PROVIDED that, if at any time such youthful offender should break or failto comply with any of the conditions hereinafter endorsed he shall be liable tobe arrested on a warrant under the hand of the Minister and taken to anddetained in the said place of detention for the unexpired portion of hisoriginal period of detention, or until again released on parole.
Dated this day of 20 .
MINISTER
Conditions
1. The within named shall proceed to such place as is directed by andshall not without the consent of the person under whose charge he/she had beenplaced, remove from that place or such other place as may be named by theperson.
2. The within named shall obey such instructions as may be given withregard to punctual and regular attendance at employment or otherwise, shallreport periodically, either personally or by letter, if required to do so, andshall make no change of address without permission.
3. The within named shall abstain from any violation of law, shall notassociate with persons of bad character, and shall lead a sober, steady andindustrious life to the satisfaction of .
4. The within named shall not visit the place of detention or write to anyinmate in it without first obtaining the permission of the Warden.
Youthful Offenders (Places of Detention) Rules
ORDER FOR FURTHER RELEASE ON PAROLE
(rule 63)
WHEREAS by an Order of Detention dated the ............. day of .............. 20............. , being a youthful offender was in pursuance of the provisions of section 262(1) (d) of the Criminal Procedure Code (Chaper 7) ordered to be detained in for a period of ;
AND WHEREAS an order for release on parole dated the ............. day of .................. 20 .............. , was made in respect of the said youthful offender, and by a warrant of Re-arrest and Re-committal dated the ............. day of .................. 20 .............. , the said youthful offender was detained in the said place of detention for the unexpired portion of his original period of detention;
AND WHEREAS I have been advised by the Advisory Board appointed under section 262(5) (c) of the Criminal Procedure Code (Chapter 7) to release further the said youthful offender on parole upon such conditions as are endorsed upon this order;
NOW I HEREBY ORDER that said youthful offender, having been detained for aperiod of one year or more, be released on parole from the said place ofdetention:
PROVIDED that the said youthful offender is placed under the care, supervision and authority of until the expiration of the original detention order dated the................. day of .............20 ..............., or until the said youthful offender attain the age of 18 years, whichever may be earlier:
AND PROVIDED FURTHER that the said youthful offender complies with the conditions endorsed upon this order.
Dated this ................ day.............................. of 20...................... .
MINISTER
Conditions
1. The within named shall proceed to such place as is directed by and shall not without the consent of the person under whose charge he/she hadbeen placed, remove from that place or such other place as may be named by theperson.
2. The within named shall obey such instructions as may be given withregard to punctual and regular attendance at employment or otherwise, shallreport periodically, either personally or by letter, if required to do so, andshall make no change of address without permission.
3. The within named shall abstain from any violation of law, shall notassociate with persons of bad character, and shall lead a sober, steady andindustrious life to the satisfaction of .
4. The within named shall not visit the place of detention or write to anyinmate in it without first obtaining the permission of the Warden.
Youthful Offenders (Places of Detention) Rules
WARRANT OF RE-ARREST AND RE-COMMITTAL
(rule 63)
To the Police Officers of the and all other Police Officers
WHEREAS by an Order of Detention dated the ............. day of ............................ 20 .............., being a youthful offender was in pursuance of the provisions of section 262(1) (d) of the Criminal Procedure Code (Chapter 7) ordered to be detained in for a period of ;
AND WHEREAS such youthful offender was, on the ............. day of ...................... 20 ......................, released on parole under the powers conferred on me by section 262(5) of the Criminal Procedure Code (Chapter 7) upon the conditions endorsed upon the Order of Release, and has now broken or failed to comply with such conditions;
YOU ARE DIRECTED to arrest the said youthful offender and to take himforthwith to the said place of detention to be detained therein for theunexpired portion of his original period of detention or until again released onparole, for which detention this warrant shall be sufficient authority:
PROVIDED that, if such youthful offender has since the date of his release onparole as aforesaid rendered himself liable on prosecution for any offence, heshall in such case be brought forthwith before the appropriate court ofcompetent jurisdiction.
Dated this ..................day of .............20 ................... .
MINISTER
Youthful Offenders (Places of Detention) Rules
HOME LEAVE
(rule 41)
To:
Date:
You are hereby given leave of absence from the place of detention in whichyou are an inmate, on the following conditions —
1. You will go to such place as the Warden directs.
2. You will not change your address without permission.
3. You will keep away from persons of bad character.
4. You will report to the Parole Officer, as directed by the Warden. If theParole Officer gives you any instructions, you will carry them out. You shouldconsult him if you want advice or help.
5. You will report back at the place of detention by on . If you fail toreturn at the proper time, you will be liable to be arrested. No extension ofthis home leave will be granted.
6. You will keep this form on you all the time that you are on homeleave.You will produce it if required to do so.
Warden
( place of detention)
I have read and understood the above conditions of leave of absence from theplace of detention which has been granted to me.
Inmate
THIRD SCHEDULE
(rule 103)
APPOINTED PLACES OF DETENTION
Jerudong Prison [S 115/69]
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