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MISUSE OF DRUGS ACT

MISUSE OF DRUGS ACT

(CHAPTER 27)

MISUSE OF DRUGS (APPROVED INSTITUTIONS)

(DISCIPLINE) REGULATIONS

S 32/87

Amended by

S 10/90

S 25/97

REVISED EDITION 2001

(1st October 2001)

SUBSIDIARY LEGISLATION

MISUSE OF DRUGS (APPROVED INSTITUTIONS) (DISCIPLINE) REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation

1. Citation.

2. Interpretation.

3. Duties of inmates.

4. Enforcement of discipline.

5. Use of reasonable force.

6. Discipline outside centre.

7. Punishments for minor offences.

8. Punishments for major offences.

9. Record of punishments.

10. Director to be informed of offences.

11. Inmate’s right to be heard.

12. Offences.

SCHEDULES — PART I — MINOR OFFENCES PART II — MAJOR OFFENCES

_____________________________

SUBSIDIARY LEGISLATION

Regulations under section 34

MISUSE OF DRUGS (APPROVED INSTITUTIONS) (DISCIPLINE) REGULATIONS

Commencement: 1st November 1987

[S 33/87]

Citation.

1. These Regulations may be cited as the Misuse of Drugs (Approved Institutions) (Discipline) Regulations.

Interpretation.

2. In these Regulations, unless the context otherwise requires—

“centre” means any approved institution as defined in the Misuse of Drugs Act (Chapter 27);

“Director” means the Director of Prisons;

“inmate” means any drug addict or abuser who is detained in acentre;

[S 10/90]

“Medical Officer” means a Government Medical Officer who is forthe time being assigned to perform the functions of a Medical Officer under these Regulations;

“officer” means the Director or his deputy or his assistant orthe Officer-in- Charge and includes any other officer attached to thecentre;

[S 10/90]

“Officer-in-Charge” means a person appointed to be in charge ofan approved institution;

[S 10/90]

“Probation officer” means a person appointed as a Probation Officer or volunteer Probation Officer;

“Supervision Officer” means any person appointed by the Minister under paragraph (1) of regulation 12 of the Misuse of Drugs (ApprovedInstitutions and Treatment and Rehabilitation) Regulations;

“visitor” means a member of the Board of Visitor appointed under regulation 3 of the Misuse of Drugs (Board of Visitors for Approved Institutions) Regulations, and includes any other person authorised by the Minister or the Director to visit a centre.

[S 10/90]

Duties of inmates.

3. (1) An inmate of a centre shall work in such workshop or do suchwork as may be assigned to him by the Officer-in-Charge of the centre.

[S 10/90]

(2) An inmate shall keep his bedding, personal effects and all thesurrounding areas and the toilet of his living quarters clean and tidy.

Enforcement of discipline.

4. Every officer shall treat every inmate justly and firmly in the enforcement of discipline.

Use of reasonable force.

5. (1) Every officer may use reasonable force against any inmate—

(a) who is escaping or attempting to escape from a centre;

(b) who is engaged in a mutiny or an outbreak by himself or withother inmates;

(c) who attacks the officer or any other person; or

(d) who, without any reasonable excuse, repeatedly refuses to obeya lawful order given by the officer.

(2) Where force is used against an inmate under paragraph (1), the inmateshall be examined by a Medical Officer as soon as possible.

Discipline outside centre.

6. Every person, while being taken to or from any centre to which hehas been lawfully committed under the Act or while working or being engaged infurther studies outside the centre, or is otherwise beyond the premises thereof,in or under the lawful charge or control of an officer, shall be subject to thesame discipline and to the same constraints as if he were within the centre.

[S 25/97]

Punishments for minor offences.

7. An inmate of a centre who contravenes or fails to comply with any of the provisions of regulation 3 or commits any of the minor offences set out in Part I of the Schedule to these Regulations shall be liable, in addition to or in lieu of any other punishment which may be imposed uder the Act or any other written law, to any one or more of the following punishments to be imposed by the Officer-in-Charge of the centre —

[S 10/90]

(a) deprivation of not more than two visits by relatives andfriends of the inmate;

(b) stoppage or reduction of earings for a period not exceeding onemonth;

(c) reprimand.

Punishments for major offences.

8. (1) An inmate of a centre who commits any of the major offencesset out in Part II of the Schedule to these Regulations shall be liable, inaddition to or in lieu of any other punishment which may be imposed under theAct or any other written law, to any one or more of the following punishments tobe imposed by the Officer-in-Charge of the centre —

[S 10/90]

(a) deprivation of not more than 4 visits by relatives and friendsof the inmate;

(b) solitary confinement in a ward for a period not exceeding 7days;

(c) stoppage or reduction of earnings for a period not exceeding 2months.

(2) Where an inmate of a centre is accused of any of the major offences setout in Part II of the Schedule to these Regulations and the Officer-in-Charge isof the opinion that in the circumstances of the case the power of punishmentwhich he posseses is inadequate, he shall refer to the Director a copy of therecord of the investigation together with his recommendations, and the Directormay thereupon decide the matter, and impose such punishments as conferred byparagraph (3) of this regulation.

[S 10/90]

(3) The Director shall have power to investigate and decide any conductagainst discpline of a centre and he may order any inmate found guilty of anyoffence to undergo one or more of the following punishments —

(a) deprivation of not more than 6 visits by relatives and friendsof the inmate;

(b) solitary confinement in a ward for a term not exceeding aperiod of 14 days;

(c) stoppage or reduction of earings for a period not exceeding 2months;

(d) whipping with not more than 6 strokes of the rattan.

[S 10/90]

(4) No order for the infliction of corporal punishment shall be carried outunless it had been confirmed by the Minister.

[S 10/90]

Record of punishments.

9. (1) Any punishment imposed on an inmate under these Regulations shall be recorded in a register.

(2) The number and name of the inmate, the nature of the offence for whichthe punishment is imposed and such other details thereof as the Director mayrequire shall also be recorded in the register.

[S 10/90]

Director to be informed of offences.

10. (1) Where the Officer-in-Charge of a centre has found an inmatethereof guilty of an offence, he shall notify the Director of the facts of thecase not later than 7 days after the inmate has been found guilty of theoffence.

[S 10/90]

(2) The Director may amend, alter or vary any punishment imposed by theOfficer- in-Charge of a centre under these Regulations.

[S 10/90]

Inmate’s right to be heard.

11. No inmate shall be punished under these Regulations until he hashad an opportunity of hearing the charge and the evidence against him and makinghis defence.

Offences. [S 10/90]

12. Every person who, without lawful authority —

(a) conveys, supplies or causes to be supplied or conveyed to anyinmate, or hides or places for his use, any tobacco, drug, money, clothing,provisions or any other article whatsoever;

(b) brings or attempts by any means whatever to introduce into anycentre, or places or attempts to place where inmates shall labour or are engagedin further studies, any letter or document or any intoxicating liquor, tobacco,drug, money, clothing, provisions or other article to be sold or usedtherein;

[S 25/97]

(c) brings or attempts to bring out of any centre or conveys from anyinmate any letter, document or other article; or

(d) communicates with any inmates; and every officer who, without lawful authority —

(i) knowingly suffers any intoxicating liquor, tobacco, drug, money, clothings, provisions, letter, document or other article to be sold to or received or used by or on behalf of any inmate;

(ii) lends or gives to any inmate any such intoxicating liquor, tobacco,drug, money, clothings, provisions or other articles; or

(iii) knowingly suffers any letter, document or other articles to be broughtout of any centre, or to be conveyed from any inmate,

shall be guilty of an offence: Penalty, imprisonment for 6 months and a fineof $1,000; and if an officer, he shall, unless the conviction is reversed onappeal or revision, be dismissed from his office, and all arrears of pay due tohim any be forfeited.

SCHEDULE

PART I

MINOR OFFENCES

For the purpose of regulation 7, a minor offence is —

(a) behaving in a disorderly or indecent manner; regulations 7 and 8

(b) talking without any reasonable cause during working hours, during an assembly or during physical exercise, or talking loudly,laughing or singing at any time after having been ordered by an officer todesist from doing so;

(c) leaving his place in a file or any seat or berth assigned to himwithout the permission of an officer for any reasonable cause;

(d) omitting or refusing, without any reasonable excuse, to marchin a file when moving about a centre or when proceeding to or returning fromwork;

(e) committing a nuisance in any part of a centre;

(f) secreting any article without any reasonable excuse;

(g) omitting or refusing, without any reasonable excuse, to beclean or tidy or disobeying, without any reasonable cause, an order relating tothe cutting of hair;

(h) smoking a cigarette or any from of tobacco in a centre;

(i) doing any act which in injurious to his health;

(j) refusing to undergo any medical treatment or examination whenrequired by an officer to do so;

(k) doing any act or using any language calcuated to offend or insultany other inmate;

(l) quarreling with any other inmate;

(m) doing any act calculated to create unnecessary alarm in the mindof any other inmate or an officer;

(n) visiting a latrine without the permission of an officer orremaining there longer than is necessary without reasonable cause;

(o) mixing or adding any substance to any material issued for workwithout the permission of an officer;

(p) leaving a place of work or that part of a centre in which he isconfined without the permission of an officer or any reasonable cause;

(q) performing any work allotted to another inmate, or obtaininghis assistance to do any work without any reasonable excuse;

(r) loitering about during working hours or idling or malingering when engaged in work or being negligent therein;

(s) defacing or damaging any wall, furniture or other property of acentre;

(t) eating or appropriating any food not assigned to him, orincreasing or decreasing the portion of any food assigned to another inmate, without the permission of an officer or any reasonable excuse;

(u) removing any food or drink from a kitchen or from a place wheremeals are served in a centre without the permission of an officer or anyreasonable cause, or disobeying any order of an officer in respect of the issueand distribution of any food or drink in the centre without any reasonableexcuse;

(v) introducing into any food or drink in a centre anything likely torender it unpalatable or unwholesome;

(w) refusing, without any rasonable cause, to eat any food assignedto him in accordance with a centre’s diet scale;

(x) wilfully destroying any food in a centre or throwing it awaywithout the permission of an officer or any reasonable cause;

(y) omitting or refusing to wear any clothing issued to him in acentre or exchanging the clothing for that of another inmate, or damaging oraltering any clothing issued to him or another inmate in the centre without thepermission of an officer or any reasonable excuse, or losing or discarding theclothing;

(z) removing, defacing or altering without any reasonable excuse any distinctive number, mark or badge to be attached to, or worn on,the body or any clothing issued in a centre;

(aa) omitting or refusing to keep any utensil or clothing clean or disobeying any lawful order as to the arrangement or disposition of the utensil or clothing or any blanket, bedsheet or personal belonging in a centre;

(bb) tampering with a centre’s lock, lamp or electrical fitting, or any other property in the centre with which he has noconcern;

(cc) damaging or omitting or refusing to take due care of any propertyof a centre which has been entrusted to him;

(dd) spitting on or otherwise soiling or befouling any floor, door,wall or other part of a centre’s building or any article therein;

(ee) littering;

(ff) omitting to report at once or as soon as possible any loss,destruction, breakage or damage which he has cause to any property of acentre;

(gg) stealing a centre’s property or that of anotherinmate;

(hh) damaging or destroying a tree or plant within the enclosure ofa centre without the permission of an officer or any reasonable excuse;

(ii) showing disrespect to any officer, Probation Officer, SupervisionOfficer or visitor or to any employee of the centre;

(jj) answering untruthfully any question put to him by any officer, Probation Officer, Supervision Officer or visitor;

(kk) omitting, without any reasonable excuse, to assist in themaintenance of discipline by not reporting the commission of an offence in acentre, or to assist an officer to investigate into the commission of theoffence when called upon to do so;

(ll) making any instrument for shooting, cutting or stabbling or anyweapon without the knowledge or permission of an officer;

(mm) causing violence or insubordination of any kind in a centre oromitting, without any reasonable excuse, to assist in the suppression of violence or insubordination of any kind when called upon by an officer todo so;

(nn) omitting, or refusing, without any reasonable excuse, to helpan officer to prevent another inmate from escaping from a centre;

(oo) any other act, conduct or neglect to the prejudice of goodorder or discipline in a centre; or

(pp) abetting the commission of a minor offence.

PART II

MAJOR OFFENCES

For the purposes of regulation 8, a major offence is —

(a) bringing any drug, money or cigarette into a centre without thepermission of an officer or concealing any drug, money or cigarette in acentre;

(b) repeating any minor offence after having been punished twice for the offence;

(c) wilfully causing to himself any illness, injury or disability;

(d) wilfully destroying a centre’s property;

(e) wilfully making a false or groundless accusation or complaintagainst any officer, Probation Officer, Supervision Officer, visitor or inmateor any employee of the centre;

(f) aggravated or repeated assault on another inmate;

(g) striking or otherwise using violence on, or offering violenceto, any officer, Probation Officer, Supervision Officer or visitor or anyemployee of the centre;

(h) escaping or attempting to escape from a centre;

(i) munity;

(j) any other act of gross misconduct or insubordination; or

(k) abetting the commission of a major offence.