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Prison Act 1995

1Prison

LAWS OF MALAYSIA

REPRINT

Act 537

PRISON ACT 1995

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

2

PRISON ACT 1995

Date of Royal Assent ... ... ... ... ... 19 October 1995 Date of publication in the Gazette ... ... 2 November 1995 PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2002

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LAWS OF MALAYSIA

ACT 537

PRISON ACT 1995

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

Section

1. Short title

2. Interpretation PART II

CONSTITUTION AND ADMINISTRATION

3. Power to declare prisons

4. Existing buildings declared prisons

5. Description of prison in writs, etc.

6. Appropriation of prisons to categories of prisoners

7. Appointment of lock-ups at police stations and court houses as places of detention

8. Temporary prisons

9. Administration of prisons PART III

OFFICERS

10. Appointment of officers

11. Absence or incapacity of Director General

12. Director General's Standing Orders

13. Duties of Director General 4 Laws of Malaysia ACT 537

14. Medical Officer and Dental Officer for prisons

15. Duties of Medical Officer and Dental Officer

16. Terms and conditions of appointment

17. Duties of prison officers

18. Weapons, accoutrements, etc.

19. Service in Malaysia or on board vessel, aircraft, etc.

20. Observance of written laws and lawful orders

21. Prison officers deemed public servants

22. Use of weapons

23. Prison officers to have powers of police officers

24. Assistance of the police in times of emergency

25. Prison officers not to be members of trade unions PART IV

CUSTODY AND REMOVAL OF PRISONERS

26. Custody

27. Delivery of persons arrested on warrant

28. Delivery of persons on remand

29. Officer in Charge to detain persons committed

30. Production before the court

31. Power of Director General to order production in certain cases

32. Removal and transfer of prisoners

33. Transfer of prisoners under sentence of death

34. Orders relating to transferred prisoners

35. Evidence

36. Mentally disordered prisoner

37. Illness of prisoner

38. Return to prison

39. Liability for escape

40. Duty to assist in preventing escape

41. Special custody in hospital Section

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42. Removal vessel

43. Release of prisoners on licence

44. Remission of sentence

45. Discharge of prisoners

46. Saving powers of the High Court PART V

EMPLOYMENT AND PRISON DISCIPLINE

47. Effect of sentence of imprisonment

48. Scheme for prisoners to engage in employment

49. Segregation of prisoners

50. Punishment of prison offences by Officer in Charge

51. Register of punishments

52. Prisoner may make his defence

53. Prosecution for offences PART VI

OFFENCES

54. Offences concerning prison supplies

55. Payment of money forbidden

56. Delivery of uniform, etc., on leaving

57. Unlawful possession, sale or supply of articles supplied to prison officers, etc.

58. Smuggling of prohibited articles into prison

59. General penalty PART VII

PRISON OFFICERS' REWARD FUND

60. Prison Officers' Reward Fund

61. Application of Fund

62. Administration of Fund Section

6 Laws of Malaysia ACT 537

PART VIII

GENERAL

Section

63. Prison officers subject to disciplinary regulations

64. Appointment of Visiting Justices

65. Duties of Visiting Justices

66. Visits by Judges, Magistrates, etc.

67. Regulations

68. Repeal, saving and transitional provisions FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

7Prison

LAWS OF MALAYSIA

Act 537

PRISON ACT 1995

An Act to consolidate and amend the laws relating to prisons, prisoners and related matters.

[18 January 1996, P.U. (B) 24/1996]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Prison Act 1995. Interpretation

2. (1) In this Act, unless the context otherwise requires-- "arm" has the meaning assigned thereto under the Arms Act 1960 [Act 206];

"Commission" means the Public Services Commission established under Article 139 of the Federal Constitution;

"Committee" means the Prison Officers' Reward Fund Committee established under section 62;

8 Laws of Malaysia ACT 537

"competent authority" means any person or authority vested with the power to commit a person to prison under any written law;

"court" means a court established by or under Part IX of the Federal Constitution and shall include--

(a) Syariah Courts;

(b) Native Courts; and

(c) Military Courts;

"Director General" and "Deputy Director General" mean the Director General of Prison and the Deputy Director General of Prison appointed under section 10;

"Director General's Standing Orders" means the Standing Orders issued from time to time by the Director General of Prison; "Fund" means the Prison Officers' Reward Fund established under section 60;

"Junior Prison Officer" means a prison officer of any rank from and including a Prison Sub-Inspector down to and including a Warder;

"Medical Officer" and "Dental Officer" mean the Medical Officer or Dental Officer, as the case may be, appointed under section 14; "mental hospital" means a hospital established for the reception and detention of mentally disordered persons under section 30 of the Mental Disorders Ordinance 1952 [Ord. 31 of 1952], and includes an approved hospital gazetted under the Mental Health Ordinance 1961 [Sarawak Ord. 16 of 1961] and an asylum under the Lunatics Ordinance 1961 [Sabah Cap. 74];

"Minister" means the Minister charged with the responsibility for prisons;

"minor prison offence" and "aggravated prison offence" mean an offence committed by a prisoner against prison discipline and so specified in regulations made under this Act;

"Officer in Charge" means a prison officer not below the rank of Prison Inspector who is in charge of a prison; 9Prison

"place of work" means a place where prisoners are required by the Director General to work for purposes of rehabilitation of prisoners, such work being performed under the supervision of prison officers;

"police officer" has the meaning assigned thereto under the Police Act 1967 [Act 344];

"prescribed" means prescribed by or under this Act and where the authority is not specified, by the Minister;

"prescribed restricted diet" means a scale of diet as may be prescribed from time to time for the purposes of section 50; "prison" means any house, building, enclosure or place, or any part thereof, declared to be a prison under section 3 and shall include the grounds and buildings within the prison enclosure and also the airing grounds or other grounds or buildings belonging or attached thereto and used by prisoners;

"prison officer" means a uniformed staff of the prison department from and including the rank of Director General of Prison down to and including a Warder;

"prisoner" means a person, whether convicted or not, under confinement in a prison;

"registered dentist" means a dentist registered under the Dental Act 1971 [Act 51];

"registered medical practitioner" means a medical practitioner provisionally registered under section 12 or fully registered under section 14 of the Medical Act 1971 [Act 50], as the case may be; "Registrar" includes the Chief Registrar, Deputy Registrar, Senior Assistant Registrar, Assistant Registrar, and the Registrar of the Subordinate Courts, as the case may require;

"sentence of imprisonment" means a sentence involving confinement in a prison, and includes an original sentence passed by a court as well as a sentence awarded by way of commutation; "Visiting Justice" means a member of the Board of Visiting Justices appointed under section 64;

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"weapon" means any staves, arms, ammunition, and includes any instrument as may be determined by the Director General; "young prisoner" means a prisoner who is below twenty one years of age.

(2) For the purpose of the definition of "young prisoner" in subsection (1), it shall include a prisoner who-- (a) is not a young prisoner as defined under the Ordinances repealed by this Act;

(b) is below twenty one years of age; and

(c) is serving a term of imprisonment passed before the coming into force of this Act.

PART II

CONSTITUTION AND ADMINISTRATION

Power to declare prisons

3. The Minister may, by notification in the Gazette, declare any house, building, enclosure or place, or any part thereof, to be a prison for the purposes of this Act for the imprisonment or detention of persons lawfully in custody and may in like manner declare that any such prison shall cease to be a prison for the purposes of this Act.

Existing buildings declared prisons

4. Subject to any declaration made under this Act, the buildings which at the commencement of this Act are in use as prisons shall be deemed to be prisons within the meaning of this Act. Description of prison in writs, etc.

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

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Appropriation of prisons to categories of prisoners

6. (1) The Director General may, from time to time, by order-- (a) appropriate certain prisons--

(i) for effecting the separation of different categories of prisoners;

(ii) for the training of different categories of prisoners; or

(iii) for any other reason.

(b) limit the categories of prisoners in certain prisons. (2) A prisoner of the category for which a prison is to be designated may be lawfully conveyed to and imprisoned in that prison despite the warrant or order for the imprisonment of that prisoner shall have been issued by a court not having its ordinary jurisdiction in the place where the prison is situated. Appointment of lock-ups at police stations and court houses as places of detention

7. (1) It shall be lawful for the Minister, by notification in the Gazette, to appoint lock-ups at such police stations and court houses as may be specified in the notification to be places for the confinement of persons, remanded or sentenced to such terms of imprisonment, not exceeding one month, as may be specified in each case.

(2) A lock-up appointed as a place of confinement under subsection (1)--

(a) shall not be deemed to be a prison for the purposes of this Act, or of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7] and regulations made under this Act shall not apply thereto;

(b) shall be deemed to be a prison for the purposes of Chapter XXVII of the Criminal Procedure Code [Act 593] or of the Debtors Act 1957 [Act 256].

12 Laws of Malaysia ACT 537

Temporary prisons

8. (1) Whenever it appears to the Director General-- (a) that the number of prisoners in a prison is greater than can be reasonably kept in the prison and that it is not convenient to transfer the excess number to another prison; or

(b) that by reason of an outbreak within a prison of a disease or for any other reason which renders it necessary to provide for the temporary shelter and safe custody of any prisoner,

he may, with the approval of the Minister, direct in writing for the shelter and safe custody in temporary prisons of so many of the prisoners as cannot be conveniently or safely kept in the prison. (2) A temporary prison under subsection (1) shall be a prison for the purposes of this Act.

(3) Any prisoner removed to a temporary prison under subsection (1) shall, when the reason for the removal has ceased, be returned to the prison from where he was removed if his term of imprisonment has not expired.

(4) The direction or order made or given by the Director General under subsection (1) shall be for a period not exceeding three months.

(5) Despite subsection (4), the duration of any direction or order made under subsection (1) may, with the approval of the Minister, be extended for further periods not exceeding three months at any one time and such extensions shall not in any event exceed a total period of nine months.

Administration of prisons

9. (1) Subject to the provisions of the Federal Constitution relating to the jurisdiction, power and functions of the Commission and the orders of the Minister made under this Act, the general charge and administration of prisons and the control and direction of prison officers throughout Malaysia shall be vested in the Director General. 13Prison

(2) The Director General may from time to time make such transfers and direct the employment and distribution of prison officers as he may think fit.

PART III

OFFICERS

Appointment of officers

10. (1) The Yang di-Pertuan Agong may appoint a Director General of Prison for Malaysia.

(2) There shall be appointed a Deputy Director General, who shall be a prison officer, and such number of prison officers as may be necessary for carrying out the provisions of this Act. (3) The ranks of Senior Prison Officers and Junior Prison Officers are as set out in the First Schedule.

Absence or incapacity of Director General

11. (1) In the absence or incapacity of the Director General, the powers and duties of the Director General under this Act or any regulations made thereunder may be exercised and performed by the Deputy Director General.

(2) In the absence or incapacity of the Deputy Director General, the powers and duties of the Director General shall be exercised and performed by the prison officer next senior in the prison department.

Director General's Standing Orders

12. The Director General may make and issue orders, to be called Director General's Standing Orders not inconsistent with this Act or of any regulations made under the Act. Duties of Director General

13. (1) The Director General shall-- (a) periodically visit and inspect, or cause to be visited and inspected, all prisons in Malaysia;

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(b) supervise and control all matters in connection with any prison, the administration of which is vested in him; and (c) be responsible to the Minister for--

(i) the conduct and treatment of the prison officers and prisoners under his control; and

(ii) the due observance by prison officers and prisoners of the provisions of this Act and of all other written laws relating to prisons or prisoners.

(2) Subject to the orders of the Director General, the Officer in Charge shall--

(a) supervise and control all matters in connection with any prison, the administration of which is vested in him; and (b) be responsible to the Director General for--

(i) the conduct and treatment of the prison officers and prisoners under his control; and

(ii) the due observance by prison officers and prisoners of the provisions of this Act and of all other written laws relating to prisons or prisoners.

(3) The Director General may, in writing, delegate the exercise of any of his powers or the performance of any of his duties under this Act to any prison officer--

(a) subject to such conditions or restrictions as the Director General may think fit; and

(b) save in matters relating to transfer of prison officers, the making and issuance of Standing Orders, and any functions delegated to the Director General by the Commission pursuant to Clause (6) of Article 144 of the Federal Constitution.

Medical Officer and Dental Officer for prisons

14. (1) The Minister charged with the responsibility for health services shall, whenever the circumstances permit, appoint from the staff of the Ministry of Health a Medical Officer and a Dental Officer for each of the prisons.

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(2) If the circumstances do not permit an appointment under subsection (1), the Minister charged with the responsibility for health services may appoint any registered medical practitioner or any registered dentist to be the Medical Officer or Dental Officer of any particular prison.

(3) The Officer in Charge shall arrange with the Ministry of Health or the local department of health for the performance of the duties of a Medical Officer or Dental Officer by another person where the Medical Officer or Dental Officer is unable to perform his duties owing--

(a) to illness;

(b) to temporary absence; or

(c) for any other reason.

Duties of Medical Officer and Dental Officer

15. A Medical Officer and a Dental Officer appointed under section 14 shall be under the control and supervision of the Director General whilst in prison and shall perform such duties as may be prescribed.

Terms and conditions of appointment

16. A prison officer appointed under this Act shall be subject to the terms and conditions of service applicable to him on his date of appointment.

Duties of prison officers

17. A prison officer shall perform such duties as may be prescribed. Weapons, accoutrements, etc.

18. A prison officer shall be provided with such weapons, equipment, uniform and other accoutrements as may be prescribed by the Director General as necessary for the efficient performance of his duties.

16 Laws of Malaysia ACT 537

Service in Malaysia or on board vessel, aircraft, etc.

19. A prison officer shall be bound to serve in any part of Malaysia or on board any vessel, aircraft, train or any other vehicle in which prisoners are being transported.

Observance of written laws and lawful orders

20. A prison officer shall conform strictly to all laws and regulations relating to prisons and prisoners, and shall obey all lawful orders of his superior officers whether given verbally or in writing or issued in the form of Director General's Standing Orders. Prison officers deemed public servants

21. The Director General, Medical Officers, Dental Officers and prison officers appointed under this Act or any regulations made under the Act shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Use of weapons

22. (1) Subject to subsection (2), a prison officer may use weapons against a prisoner--

(a) escaping or attempting to escape and where the prison officer has reasonable grounds to believe that he cannot otherwise prevent the escape or attempt to escape; (b) engaged in--

(i) a combined outbreak; or

(ii) an attempt to force or break open the outside door, gate or enclosure wall of the prison; or

(c) using violence on a person and where the prison officer has reasonable grounds to believe that the person is in danger of life or limb, or that other grievous hurt is likely to be caused to the person.

(2) A prison officer shall give a warning to a prisoner that he is about to fire on him before using arms in the circumstances mentioned in subsection (1).

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(3) No prison officer shall, in the presence of his superior officer, use arms against a prisoner in the case of an outbreak or attempt to escape except under the orders of the superior officer: Provided that the prison officer may use arms in circumstances where it is not reasonably practicable to obtain the order of the superior officer and that such circumstances are furnished to the superior officer.

(4) The use of weapons under this section shall be, as far as possible, to disable and not to kill.

(5) A police officer whilst in the capacity of an escort guard or of a guard in or about a prison or lock-up for the purpose of ensuring the safe custody of a prisoner shall be subject to the provisions of this section.

Prison officers to have powers of police officers

23. Subject to any express provision to the contrary, a prison officer while acting as such shall have by virtue of his office all the powers, authority, protection and privileges of a police officer. Assistance of the police in times of emergency

24. (1) The Director General may, in an emergency or in the interest of public safety, request the assistance of the Royal Malaysia Police.

(2) Police officers deployed under subsection (1) shall be headed by a senior police officer and all such police officers shall be under the control and supervision of the Director General or any other prison officer specially authorized for that purpose. Prison officers not to be members of trade unions

25. (1) For the purpose of enabling prison officers to consider and bring to the notice of the Government all matters affecting their welfare or efficiency, including pay, pensions and conditions of service, other than questions of discipline and promotion affecting individuals, there may be established an association which shall operate and be administered in accordance with regulations made by the Minister.

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(2) An association established under subsection (1) shall be entirely independent of and be unassociated with any body of persons outside the prison department and shall be deemed not to be a trade union within the meaning of the Trade Unions Act 1959 [Act 262], and shall be exempt from the provisions of the Societies Act 1966 [Act 335].

(3) Subject to subsections (1) and (2), no prison officer shall become a member of any trade union or of any association having for its objects or as one of its objects the control or influencing of the pay, pensions or conditions of service of prison officers. (4) A prison officer who contravenes subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit.

(5) Any question as to whether a body is a trade union or an association to which this section applies shall be determined by the Minister.

(6) An association established prior to the coming into force of this Act under section 27A of the Prisons Ordinance 1952 [F.M. Ord. 81 of 1952], shall be deemed to be an association established under subsection (1) until the association is dissolved. PART IV

CUSTODY AND REMOVAL OF PRISONERS

Custody

26. (1) A prisoner-- (a) confined in a prison shall be deemed to be in the lawful custody of the Officer in Charge of the prison;

(b) shall be subject to prison discipline and to all written laws relating to prisons or prisoners and to the Director General's Standing Orders during the period of his imprisonment, whether or not he is within the precincts of a prison; and

(c) while in the custody or under the control of a prison officer--

(i) when being taken to or from a prison;

19Prison

(ii) whenever he is working outside a prison; or

(iii) is otherwise beyond the limits of the prison, shall be deemed to be in prison and shall be subject to all the same incidents as if he were actually in prison.

(2) Where a prisoner has escaped from lawful custody, the period during which he is at large shall not be reckoned as part of the sentence he was undergoing at the time of his escape. Delivery of persons arrested on warrant

27. (1) A person arrested under a warrant or an order of a court having civil or criminal jurisdiction shall be brought before the court by which the warrant or order was issued.

(2) If the court under subsection (1) is not then sitting, the person shall be delivered to an Officer in Charge for intermediate custody.

(3) The Officer in Charge shall cause the person to be brought before that court at its next sitting in order that the person may be dealt with according to law.

Delivery of persons on remand

28. (1) A person charged with a crime or offence and remanded to a prison by a court or competent authority shall be delivered to the Officer in Charge of the prison together with a warrant of remand.

(2) The Officer in Charge shall--

(a) detain and cause to be delivered to the court or competent authority; or

(b) discharge,

the person delivered under subsection (1) according to the terms of the warrant.

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Officer in Charge to detain persons committed

29. An Officer in Charge shall keep and detain a person duly committed to his custody by a court or competent authority according to the terms of the warrant or order by which the person has been committed or until the person is discharged by due course of law. Production before the court

30. (1) Whenever the presence of a prisoner is required in a court having civil or criminal jurisdiction, the court may issue an order in the prescribed form addressed to the Officer in Charge requiring for the production of that prisoner at the time and place to be named in the order.

(2) Upon receipt of the order, the Officer in Charge shall cause the prisoner named in the order to be brought up as directed and shall provide for his safe custody during his absence from prison. (3) In the event of an adjournment of the matter in which the presence of the prisoner is required, the court may, by endorsement on the order, require the prisoner to be again brought up at the time and place named in the order.

(4) An order issued from the Federal Court, Court of Appeal or the High Court may be signed by the Registrar of the Court, and if issued by any other court shall be signed by the Sessions Court Judge, Magistrate, Registrar or such other presiding officer, as the case may be.

Power of Director General to order production in certain cases

31. (1) The Director General-- (a) may, being satisfied that there are reasonable grounds requiring the presence of a prisoner at any place in Malaysia; or

(b) shall, where the presence of a prisoner is required for the purpose of any public inquiry,

by order in writing, direct that the prisoner be taken to that place. 21Prison

(2) A prisoner taken from a prison under subsection (1) shall, whilst outside that prison, be kept in such custody as the Director General may, by order in writing, direct, and whilst in that custody shall be deemed to be in lawful custody.

Removal and transfer of prisoners

32. (1) The Director General may, by order in writing, remove or transfer all or any prisoners confined in a prison to any other prison.

(2) No prisoner removed under subsection (1) while in the custody of a prison officer shall be deemed to have escaped although he may be taken into different jurisdictions or to different places of confinement.

(3) For purposes of this section, it shall not be necessary in the order to identify a prisoner by name, but it shall be sufficient to describe the prisoner by reference to his nationality or sentence or by some other like general description.

Transfer of prisoners under sentence of death

33. A prisoner under sentence of death which the Yang di-Pertuan Agong, Ruler or Yang di-Pertua Negeri has ordered to be carried out may, by order of the Director General, be transferred to any other prison, there to undergo his sentence.

Orders relating to transferred prisoners

34. An order relating to the sentence of a prisoner transferred under section 32 or 33 shall have effect as if the order were directed to the Officer in Charge of the prison to which the prisoner is conveyed.

Evidence

35. (1) An order or a warrant made or issued by the Minister or the Director General pursuant to this Act shall-- (a) be received in evidence in all courts without further proof; and

(b) be evidence of the facts therein stated.

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(2) An act done pursuant to an order or a warrant made or issued under subsection (1) shall be deemed to have been authorized by law.

Mentally disordered prisoner

36. (1) Where a prisoner undergoing a sentence of imprisonment or sentenced to death appears to the Director General on the certification of the Medical Officer to be mentally disordered, the Director General shall, by order in writing, direct that the prisoner be removed to, kept and treated at a mental hospital or other fit place of safe custody in Malaysia and there to be kept and treated as the Director General directs.

(2) An order issued under subsection (1) shall be an authority for the reception of the prisoner and for his detention in the mental hospital or other fit place in Malaysia until removed or discharged as hereinafter provided.

(3) Where a prisoner detained in a mental hospital under subsection (1) is, in the opinion of the medical officer of the mental hospital, no longer mentally disordered, the medical officer shall report accordingly to the Director General.

(4) Upon receipt of the report, the Director General shall, by order in writing--

(a) direct the return of the prisoner to the prison from where he was removed or to any other prison if his term of imprisonment has not expired; or

(b) direct the prisoner to be discharged if his term of imprisonment has expired.

(5) Where a prisoner detained under subsection (1) is, in the opinion of the medical officer of the mental hospital, still mentally disordered and the term of imprisonment to which the prisoner has been sentenced has expired--

(a) in the case of *Peninsular Malaysia, section 46 of the Mental Disorders Ordinance 1952 shall apply to the prisoner as if he were detained in accordance with a certificate given under section 42 of the Ordinance;

*NOTE--All references to "West Malaysia" shall be construed as reference to "Peninsular Malaysia"­ see the Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2). 23Prison

(b) in the case of the Federal Territory of Labuan, as the need may arise, such provisions of the Mental Ordinance 1952 as may be extended to the Federal Territory of Labuan by the Yang di-Pertuan Agong, shall apply; (c) in the case of Sabah, subsections 70(4) to (14) of the Prisons Ordinance [Sabah Ord. 7 of 1956] shall apply; and

(d) in the case of Sarawak, subsections 34(4) to (14) of the Prisons Ordinance [Sarawak Cap. 24] shall apply.

(6) The time occupied in effecting any removal under this section and the period during which the prisoner is detained in a mental hospital shall be reckoned as part of the term of imprisonment. Illness of prisoner

37. (1) In case of serious illness of a prisoner confined in a prison in which there are inadequate facilities for the treatment of that prisoner, the Officer in Charge may, on the certificate of a Medical Officer, make an order for the removal of the prisoner to a government hospital.

(2) Where, a prisoner removed under subsection (1) is, in the opinion of the medical officer of the hospital, still necessary for the prisoner to remain in the hospital, the medical officer shall, at the end of each month, transmit a certificate stating that fact to the Officer in Charge of the prison from where the prisoner was removed.

Return to prison

38. (1) Where a prisoner removed to a hospital under section 37 is, in the opinion of the medical officer of the hospital, no longer necessary for the prisoner to remain at the hospital, the medical officer shall transmit a certificate stating that fact to the Officer in Charge of the prison from where the prisoner was removed. (2) On receipt of the certificate referred to in subsection (1), the Officer in Charge shall cause the prisoner to be brought back to the prison, if he is still liable to be confined in the prison. 24 Laws of Malaysia ACT 537

Liability for escape

39. If a prisoner shall escape during the time he is in a hospital, no prison officer shall be liable for the escape unless the prisoner has been specifically placed in the custody of the prison officer. Duty to assist in preventing escape

40. (1) It shall be the duty of the medical officers of the hospital to which a prisoner has been removed under section 37 to lend all assistance in order to ensure that the necessary precautions for preventing the escape of the prisoner under treatment in the hospital have been taken.

(2) It shall be lawful for the medical officers in subsection (1) to take such measures for preventing the escape of the prisoner as shall be necessary:

Provided that no measures for preventing the escape of a prisoner shall be taken which, in the opinion of the medical officers, is likely to be prejudicial to the health of the prisoner. Special custody in hospital

41. Where from the gravity of the offence for which a prisoner may be in custody or for any other reason, the Officer in Charge considers it desirable to take special measures for the security of a prisoner while under treatment in a hospital, the Officer in Charge may, in the event of there being no prison officer available, place the prisoner into the charge of two or more fit and proper persons, one of whom shall be with the prisoner at all times-- (a) who shall be vested with full power and authority to do all things necessary to prevent the prisoner from escaping; and

(b) who shall be answerable for the safe custody of the prisoner--

(i) until such time as the prisoner is handed over to a prison officer on his discharge from the hospital; or

(ii) until such time as the term of imprisonment of the prisoner expires,

whichever may first occur.

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Removal vessel

42. (1) Where it is necessary for the purposes of this Part to remove any prisoner out of Malaysia by sea or by air, he shall be removed in a vessel or aircraft to be appointed for the purpose by the Director General.

(2) The time occupied in effecting any removal shall be reckoned as part of the term of imprisonment.

Release of prisoners on licence

43. (1) Subject to any regulations made by the Minister, the Director General may, at any time if he thinks fit, release on licence and on such conditions as may be specified in the licence, a prisoner serving a concurrent or consecutive term of imprisonment of not less than four years.

(2) The Director General may, at any time--

(a) modify or cancel the conditions referred to in subsection (1); or

(b) by order, recall to prison a prisoner released on licence under subsection (1) but without prejudice to the power of the Director General to release the prisoner on licence again.

(3) Where a prisoner is recalled under paragraph (2)(b), his licence shall cease to have effect and he shall, if at large, be deemed to be unlawfully at large and shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding two years or to both.

(4) A prisoner who fails to comply with any condition of the licence issued to him under subsection (1) shall, on conviction, be liable to a fine not exceeding two thousand ringgit or to a term of imprisonment not exceeding two years or to both. Remission of sentence

44. (1) With a view to encouraging good conduct and industry and to facilitate reformative treatment, a prisoner sentenced to imprisonment of more than one month, shall be entitled to be granted a remission of his sentence.

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(2) All or any part of the remission for which a prisoner may be entitled may, on commission of an offence under section 50, be cancelled by the Director General:

Provided that in no case shall any forfeiture exceed the amount of remission earned at the time of commission of the offence. (3) The Director General may restore to a prisoner all or any part of a remission which the prisoner has forfeited during his sentence.

(4) A prisoner who is awarded a remission of part of his sentence shall be discharged upon the expiration of so much of his sentence as shall remain after deducting from it such part. Discharge of prisoners

45. (1) An Officer in Charge shall be responsible for the due discharge of a prisoner immediately upon his becoming entitled to release, whether by--

(a) the expiration of his term of sentence;

(b) payment of fine;

(c) pardon;

(d) commutation; or

(e) remission of sentence.

(2) Subject to the approval of the Director General and at the expense of the Government, a prisoner duly discharged from prison in accordance with this section may be returned to the place where the prisoner ordinarily resides.

Saving powers of the High Court

46. Nothing in this Act shall be held to lessen or affect the powers of the Judges of the High Court to direct persons confined in any prison to be brought before the Court under the provisions of Chapter XXXVI of the Criminal Procedure Code [Act 593]. 27Prison

PART V

EMPLOYMENT AND PRISON DISCIPLINE

Effect of sentence of imprisonment

47. (1) A sentence of imprisonment passed or to be passed upon a prisoner shall subject the prisoner during the term of his sentence-- (a) to be imprisoned; and

(b) to work at such labour as may be directed by the Officer in Charge and, so far as is practicable, such labour shall take place--

(i) in association;

(ii) outside cell;

(iii) outside the limits of the prison as approved by the Director General.

(2) The Medical Officer may certify a prisoner as-- (a) unfit and recommend that the prisoner be excused from labour; or

(b) fit only to perform light labour.

(3) A prisoner under subsection (2) shall only be required to work on any labour prescribed as light labour.

Scheme for prisoners to engage in employment

48. (1) For the purpose of enabling prisoners, other than the prisoners referred to in section 49, to take up gainful employment whilst they are serving their sentences, the Minister may introduce a scheme and such prisoners may upon their own election participate in the scheme.

(2) A prisoner taking up employment under a scheme referred to in subsection (1)--

(a) may, despite an order made by a court for the committal of the prisoner, be taken daily beyond the limits of the prison to perform work; and

(b) shall, at all times be deemed to be in prison and subject to all the same incidents as if he were actually in prison. 28 Laws of Malaysia ACT 537

Segregation of prisoners

49. (1) A prisoner-- (a) confined under civil process;

(b) on remand charged with a crime or an offence; (c) committed to take his trial; or

(d) confined for want of sureties,

shall not ordinarily be associated with prisoners serving their sentences of imprisonment or be required to labour beyond such labour as is reasonably proper for keeping his person and dress in a proper state and keeping the place in which he is confined clean. (2) Where a prisoner under subsection (1) elects to be employed during the period he is confined, he shall receive payment for the employment at such rates as may, from time to time, be prescribed. (3) A young prisoner shall, so far as local conditions permit, be kept apart from adults under detention.

(4) Where it appears to the Officer in Charge that it is desirable for the good order and discipline of a prison or for any other reason that a prisoner be segregated, it shall be lawful for the officer to order the segregation of the prisoner for such period as he may consider necessary.

Punishment of prison offences by Officer in Charge

50. (1) An Officer in Charge may punish a prisoner found after due inquiry to be guilty of a minor prison offence by ordering him to undergo one or more of the following punishments: (a) reprimand;

(b) reduction in stage;

(c) postponement of promotion in stage;

(d) forfeiture of privileges;

(e) removal from the earnings scheme;

(f) reduction in earnings grade;

(g) forfeiture of remission not exceeding such amount as may be prescribed;

29Prison

(h) separate confinement in a cell on the prescribed restricted diet for a term not exceeding such period as may be prescribed.

(2) The punishments referred to in paragraphs (1)(b) to (f) shall be for such period as may be prescribed.

(3) Where an Officer in Charge finds a prisoner after due inquiry to be guilty of an aggravated prison offence, the Officer in Charge may punish the prisoner by ordering him to undergo one or more of the punishments listed in subsection (1) or in addition to or in lieu thereof, impose corporal punishment with a rattan, not exceeding such number of strokes as may be prescribed:

Provided that any corporal punishment ordered shall be subject to confirmation by the Minister.

Register of punishments

51. The Officer in Charge shall enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by him upon prisoners showing, in respect of each prisoner punished, the name of the prisoner, the nature of his offence and the extent of his punishment.

Prisoner may make his defence

52. No prisoner shall be punished until he has had an opportunity-- (a) of hearing the charge or complaint against him and the evidence in support thereof; and

(b) of making his defence and calling of evidence in support thereof.

Prosecution for offences

53. Nothing in this Act shall be construed so as to exempt any prisoner from being proceeded against for any offence by the ordinary course of law, but no prisoner shall be punished twice for the same offence.

30 Laws of Malaysia ACT 537

PART VI

OFFENCES

Offences concerning prison supplies

54. (1) No prison officer, Medical Officer, Dental Officer or staff employed by the prison department shall--

(a) directly or indirectly have any pecuniary interest in the purchase of prison supplies;

(b) receive or have any pecuniary dealings with prisoners or their friends with regard to any discounts, gifts or other consideration from contractors for, or sellers of, prison supplies;

(c) sell or supply any article to or for the use of a prisoner or a prison;

(d) receive directly or indirectly--

(i) any benefit or advantage from the sale or supply of; or

(ii) any interest in any contract or agreement for the sale or supply of,

any article to or for the use of a prisoner or a prison. (2) No prison officer, Medical Officer, Dental Officer or staff employed by the prison department shall hold any unauthorized communication with a person for any of the purposes in subsection (1).

(3) A person who contravenes this section shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(4) In this section references to selling or supplying include respectively references to offering for sale and offering for supply as well as letting on hire and offering to let on hire. 31Prison

Payment of money forbidden

55. (1) No money or other consideration shall, on any pretext whatsoever, be payable, paid, given or promised, to a prison officer, Medical Officer, Dental Officer or staff employed by the prison department, by or on behalf of a prisoner, either on his-- (a) entry into;

(b) commitment to;

(c) continuance in; or

(d) discharge from,

a prison.

(2) A prison officer, Medical Officer, Dental Officer or staff employed by the prison department, receiving or demanding from or on behalf of a prisoner--

(a) any money or other consideration;

(b) the promising of money or other consideration; (c) the undertaking of any service in consideration of receiving or the promising of money or other consideration, for any of the purposes mentioned in subsection (1) shall be guilty of an offence and shall be liable, on conviction, to a fine of ten thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Delivery of uniform, etc., on leaving

56. (1) A person, upon ceasing to be a prison officer, shall immediately deliver up to the Officer in Charge of the prison in which he is serving at the time of ceasing to be a prison officer, every article of uniform and clothing and all weapons, accoutrements, and other effect of every kind belonging to the Government. (2) A prison officer who fails to comply with subsection (1) shall be guilty of an offence and shall be liable, on conviction-- (a) to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both; and

32 Laws of Malaysia ACT 537

(b) in addition, shall be liable to pay the value of any article not delivered up, which value shall be recoverable as if it were a fine.

Unlawful possession, sale or supply of articles supplied to prison officers, etc.

57. (1) A person, not being a prison officer, who-- (a) without lawful authority, purchases or receives or is found in possession of and who fails to account satisfactorily for his possession of--

(i) an article which has been supplied to a prison officer for the execution of his duty; or

(ii) a medal or decoration granted to a prison officer for service or good conduct;

(b) without lawful authority, manufactures, sells, supplies, offers to sell or supply a reasonable facsimile of-- (i) a badge or device used to indicate that a person is a prison officer or the rank of a prison officer; or

(ii) a medal or decoration granted to a prison officer for service or good conduct;

(c) unlawfully wears, uses or displays otherwise than in the course of a stage play or other theatrical performance-- (i) a uniform of a prison officer;

(ii) a badge or device to indicate that he is a prison officer; or

(iii) a dress having the appearance of or bearing the distinctive marks of the uniform of a prison officer, shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(2) A prison officer who sells or disposes of--

(a) any article which has been supplied to him or any other prison officer for the execution of duty;

33Prison

(b) any medal or decoration granted to a prison officer for service or good conduct,

shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Smuggling of prohibited articles into prison

58. (1) A person who smuggles or attempts to smuggle a prohibited article into a prison shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both. (2) In this section, "prohibited article" means any drugs, money or liquor and includes any instrument or article as may be prescribed by the Director General from time to time.

General penalty

59. A person who is guilty of an offence under this Act or any regulations made under the Act for which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding five hundred ringgit or to imprisonment for a term not exceeding six months or to both.

PART VII

PRISON OFFICERS' REWARD FUND

Prison Officers' Reward Fund

60. (1) There shall be established a fund to be known as the Prison Officers' Reward Fund (hereinafter referred to as the Fund) which shall be operated as a Trust Account within the Federal Consolidated Fund.

(2) The Fund shall consist of--

(a) all emoluments forfeited by and all fines imposed on prison officers in any disciplinary proceedings;

(b) all grants, donations, gifts and contributions made to or in favour of the Fund;

34 Laws of Malaysia ACT 537

(c) all other sums or property which may in any manner become payable to or vested in the Fund; and

(d) all moneys--

(i) confiscated; or

(ii) the ownership of which is unknown and found, in the course of a search in a prison.

Application of Fund

61. Subject to regulations made under this Act, the Fund shall be applied for the purpose of--

(a) rewarding prison officers for outstanding acts of initiative and resource or for skill in the performance of any departmental duty requiring tact or ability;

(b) rewarding prison officers for any meritorious act of bravery whereby life has been saved or property has been secured from loss or destruction; and

(c) procuring comforts, convenience and other benefits, which are not chargeable to public revenue, for prison officers, former prison officers who have retired on pension, gratuity or allowance or persons who were wholly or partially dependent on deceased prison officers or former prison officers at the time of their death.

Administration of Fund

62. (1) There shall be established a Prison Officers' Reward Fund Committee which shall have the control of the Fund. (2) The Committee shall consist of the following members: (a) the Director General as Chairman;

(b) two Senior Prison Officers to be appointed by the Minister; and

(c) two public officers to be appointed by the Minister. (3) Subject to regulations made under this Act, the Committee shall have power to regulate its proceedings.

(4) No person shall carry on an activity to raise moneys for the Fund without the prior written consent of the Committee. 35Prison

(5) Any person who contravenes subsection (4) shall be guilty of an offence.

PART VIII

GENERAL

Prison officers subject to disciplinary regulations

63. (1) All prison officers shall be subject to regulations relating to discipline as may from time to time be made by the Yang di-Pertuan Agong under Clause (2) of Article 132 of the Federal Constitution.

(2) For the purpose of this section, any regulations which for the time being are in force shall only have force and effect to the extent they are not in conflict with any regulations referred to under subsection (1).

Appointment of Visiting Justices

64. The Menteri Besar or Chief Minister in a State or the Minister in charge of the Federal Territory, as the case may be, shall for each year appoint a Board for that State or Federal Territory to be called the Board of Visiting Justice of which all Magistrates of that State or Federal Territory shall be ex officio members. Duties of Visiting Justices

65. (1) A Visiting Justice may-- (a) at any time, visit any prison in the State or Federal Territory for which he is appointed;

(b) inspect the wards, cells, yards and other apartments and divisions of the prison;

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

(d) hear the complaints, if any, of the prisoners; (e) question any prisoner or prison officer,

for the purpose of ascertaining, so far as possible, whether the provisions of this Act and any regulations made under the Act and the Director General's Standing Orders are adhered to. 36 Laws of Malaysia ACT 537

(2) A Visiting Justice shall--

(a) call the attention of the Officer in Charge to any irregularity that may be observed in the--

(i) working of the prison; or

(ii) treatment of any prisoner confined in the prison; and

(b) exercise and perform such other powers and duties as may be prescribed.

(3) The Board of Visiting Justices shall appoint at least one but not more than four of its members to visit in rotation each of the prisons in the State or Federal Territory for each month of the year.

(4) A Visiting Justice shall, for the purpose of this Act, have power to summon witnesses and to administer oaths. Visits by Judges, Magistrates, etc.

66. (1) A Judge of the High Court, a Sessions Court Judge, and a Magistrate having jurisdiction in a place where a prison is situated may, whenever he thinks fit--

(a) enter and examine the condition of the prison and of the prisoners in the prison;

(b) question any prisoner or prison officer,

and enter any observations he thinks fit to make in reference to the condition of the prison and the prisoners in a Visitors' Book. (2) A Visitors' Book shall be kept for the purpose in subsection (1) by the Officer in Charge which shall be produced to the Visiting Justices at their next visit.

Regulations

67. (1) The Minister may publish in the Gazette such regulations as may be necessary or expedient for the good management and government of prisons, and for carrying out or achieving the objects and purposes of the Act.

37Prison

(2) In particular and without prejudice to the generality of subsection (1), regulations made under this section may provide for all or any of the following matters:

(a) the powers and duties of persons employed in the prison department;

(b) the inspection and management of lock-ups, the officers to be in charge of the lock-ups, and for the employment, diet and discipline of persons confined in the lock-ups; (c) the medical examination, measuring, photographing and taking of fingerprint impressions or other records of prisoners, including detailed personal statistics and histories, and for requiring full and truthful answers to all questions put to the prisoners with the object of obtaining such statistics and histories;

(d) the persons, if any, to whom such measurements, photographs, fingerprint impressions or other records are to be sent or supplied;

(e) the diets, categorization, safe custody, separation, treatment and discipline of prisoners;

(f) the employment of prisoners, including provisions for the rate, use and apportionment of earnings of prisoners; (g) the scheme of gainful employment and in particular for-- (i) the categories of prisoners who are eligible to take up employment under the scheme;

(ii) the terms and conditions upon which prisoners are to be permitted to take up employment outside the limits of a prison;

(iii) the terms and conditions of employment;

(iv) the manner in which wages shall be paid to the prisoners;

(v) the proportion of and the manner in which the wages earned by prisoners under the scheme of

employment may be retained by the prisoners;

(h) the kind of labour to be exacted at the different stages of imprisonment of the prisoners and the manner and place of exacting such labour;

38 Laws of Malaysia ACT 537

(i) the disposal of the products of labour of prisoners other than the products of labour in the scheme mentioned in paragraph (2)(h);

(j) the remission of sentences to be allowed to prisoners who duly comply with the regulations to which they are subjected, and the conditions on which such remissions are to be made;

(k) the establishment of prisoners' aid associations and for the subsidising of their work and the utilizing of their services in connection with prisoners discharged on probation and convicted prisoners whose sentences have expired;

(l) the supply of money, food, clothing or means of travelling to prisoners on their discharge;

(m) the administration of the Prison Officers' Reward Fund; (n) the proceedings and visits of the Visiting Justices; (o) the classification of offences;

(p) the procedure for the carrying out of inquiries into offences committed by prisoners and for matters related thereto; and

(q) any matter which is required to be or which may be prescribed under this Act.

Repeal, saving and transitional provisions

68. (1) The laws mentioned in the Second Schedule to the extent to which they are therein expressed to be repealed are repealed accordingly.

(2) Save for item 4 in the Second Schedule, all subsidiary legislation, orders, directions and notices made or given and any act lawfully done under or by virtue of the repealed Ordinances shall, in so far as such subsidiary legislation, order, direction or notice is not inconsistent with the provisions of this Act, be deemed to have been made or given under or by virtue of this Act, and shall continue to remain in force and to have effect until amended, repealed, rescinded, revoked or replaced under or by virtue of this Act.

39Prison

(3) Notwithstanding subsections (1) and (2), in respect of a sentence of imprisonment passed or to be passed upon a prisoner on or after the coming into force of this Act, the laws mentioned in the Third Schedule shall apply.

(4) Notwithstanding subsection (1)--

(a) any officer or person appointed to act or employed under or by virtue of the repealed Ordinances or deemed to be appointed to act or employed under or by virtue of the repealed Ordinances shall continue and be deemed to have been appointed or employed under or by virtue of this Act; and

(b) any inquiry or proceeding commenced or pending under the repealed Ordinances immediately before the coming into force of this Act shall be continued or concluded under and in accordance with the repealed Ordinances. (5) In this section, "proceeding" means any proceeding whatsoever of a civil or criminal nature and includes an application at any stage of a proceeding.

(6) On the date of coming into force of this Act, the Prison Officers' Reward Fund established under the Prisons Ordinance 1952 [Ord. 81 of 1952], the Prison Officers' Reward Fund established under the Prisons Ordinance of Sabah [Sabah Ord. 70 of 1956] and the Prison Officers' Reward Fund established under the Prisons Ordinance of Sarawak [Sarawak Cap. 24] shall be wound up and all moneys, property, whether moveable or immoveable and liabilities to which the various funds were entitled or subject to shall by virtue of this section become the moneys, property rights and liabilities of the Prison Officers' Reward Fund established under section 60 by operation of law without any necessity for a notice to be given to any party affected by the transfer. 40 Laws of Malaysia ACT 537

FIRST SCHEDULE

[Subsection 10(3)]

Senior Prison Officers

Director General of Prison

Deputy Director General of Prison

Director of Prison

Senior Superintendent of Prison

Superintendent of Prison

Deputy Superintendent of Prison

Assistant Superintendent of Prison

Prison Inspector

Junior Prison Officers

Prison Sub-Inspector

Prison Sergeant Major

Prison Sergeant

Prison Corporal

Warder

41Prison

SECOND SCHEDULE

[Subsection 68(1)]

REPEALS

Number of Ordinance/ Title of Ordinance/ Extent of Repeal Rules Rules

1. F.M. Ord. 81/1952 Prisons Ordinance The whole

2. Sabah Ord. 7/1956 Prisons Ordinance The whole except the following:

(1) subsections 70(4)

to (14); and

(2) subsection 81(1) in

respect of sentences

of imprisonment

passed upon a

prisoner before the

date of coming into

force of this Act.

3. Sarawak Cap. 24 Prisons Ordinance The whole except subsections 34(4) to

(14).

4. Sarawak G.N.S. Prison Rules Part VI 31/1956

THIRD SCHEDULE

[Subsection 68(3)]

APPLICATION OF LAWS

State Extent of Application

1. Sabah Part 6 of the Prisons Rules 1953 (L.N. 326/1953)

2. Sarawak Part 6 of the Prisons Rules 1953 (L.N. 326/1953) 42 Laws of Malaysia ACT 537

LAWS OF MALAYSIA

Act 537

PRISON ACT 1995

LIST OF AMENDMENTS

Amending law Short title In force from

P.U. (A) 118/2003 Revision of Laws 25-04-2003

(Rectification of Prison

Act 1995) Order 2003

43Prison

DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

LAWS OF MALAYSIA

Act 537

PRISON ACT 1995

LIST OF SECTIONS AMENDED

Section Amending authority In force from

­ NIL ­

44 Laws of Malaysia ACT 537

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