Effect of sentence of imprisonment
Open ↗(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, subject to his being released on parole; 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 Commissioner 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
Open ↗(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.
Segregation of prisoners
Open ↗(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
Open ↗(1) An Officer in Charge, or in his absence, the next senior prison officer who has been authorized by the 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;
(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, or in his absence, the next senior prison officer who has been authorized by the Officer in Charge, finds a prisoner after due inquiry to be guilty of an aggravated prison offence, the Officer in Charge, or in his absence, the next senior prison officer who has been authorized by 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
Open ↗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
Open ↗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
Open ↗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.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
