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Prisons Act 1933 PART 7 — DISCIPLINE AND PRISON OFFENCES

s 60–s 80 · 22 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Offences governing prison supplies

s 60

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60.—(1) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison must not —(a) sell, supply or receive, directly or indirectly, any benefit or advantage from the sale or supply of any article to or for the use of any prisoner or for the use of any prison; (b) directly or indirectly have any interest in any contract or agreement for the sale or supply of any article mentioned in paragraph (a); or (c) directly or indirectly have any pecuniary interest in the purchase of any prison supplies, or receive any discount, gift or other consideration from contractors for or sellers of such supplies, or have any pecuniary dealing with prisoners or with their friends with regard to them.[33/2004] (2) A prison officer, medical officer, member or employee of the Corporation or any other person working in a prison must not hold any communication with any person on behalf of any prisoner unless authorised by the Commissioner, any Deputy Commissioner or the Superintendent.[33/2004; 1/2014] [Act 6 of 2022 wef 02/09/2022] (3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $6,000 or to imprisonment for a term not exceeding 12 months or to both.

Desertion

s 61

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61. Any prison officer who unlawfully or in breach of his or her engagement absents himself or herself from duty under circumstances which show that that prison officer has the intention of not returning to his or her duty shall be deemed to have deserted, and shall be liable on conviction to imprisonment for a term not exceeding 12 months, and all arrears of pay due to him or her shall be forfeited.

Payment of money forbidden

s 62

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62.—(1) Any money or other consideration must not on any pretext whatsoever be payable, paid, given or promised by or on behalf of any prisoner, either on his or her entry into, commitment to, continuance in or discharge from any prison, to any prison officer, medical officer, member or employee of the Corporation, or to any other person working in a prison. (2) Any such person receiving or demanding any such money or other consideration or undertaking any service in consideration of receiving or the promising of such money or other consideration shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,200 or to imprisonment for a term not exceeding 6 months or to both. (3) Any public officer convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.

Delivery of uniform, etc., on leaving

s 63

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63.—(1) A prison officer must, before leaving the Singapore Prison Service (whether by resignation, dismissal, discharge or otherwise), deliver up in good order (fair wear and tear excepted only) any arms, ammunition, accoutrement, uniform or other article supplied to him or her as a prison officer and any other property belonging to the Government which may be in his or her possession.[33/2004] (2) Any person who fails to comply with this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both and in addition thereto shall be liable to pay the value of any article not delivered up, which value shall be summarily ascertained by the court and shall be recoverable as if it were a fine.

Threatening, insulting or assaulting another prison officer

s 64

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64.—(1) Any prison officer who threatens or insults another prison officer of senior or equal rank —(a) when that other officer is on duty; or (b) when the threat or insult is related to or is consequent upon the discharge of duty by the officer so threatened or insulted, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. [33/2004] (2) Any prison officer who assaults another prison officer —(a) when that other officer is on duty; or (b) when the assault is related to or is consequent upon the discharge of duty by the officer so assaulted, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 2 years. [33/2004] (3) Any person convicted under this section may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.

Wearing and possession of uniforms, etc., by others

s 65

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65.—(1) A person who, when the person is not a prison officer —(a) wears or possesses any prison officer uniform, or uses any prison officer insignia —(i) for the purpose of personating or representing himself or herself as a prison officer; or (ii) knowing that it is likely to cause any member of the public to believe that the person is a prison officer; (b) uses the designation of a prison officer or a rank of the Singapore Prison Service, in connection with any business, occupation or employment —(i) for the purpose of personating or representing himself or herself as a prison officer; or (ii) knowing that it is likely to cause any member of the public to believe that the person is a prison officer; (c) represents himself or herself, by word or conduct, to be a prison officer for the purpose of personating or representing himself or herself as a prison officer; or (d) wears or possesses any prison officer uniform, or uses any prison officer insignia, in connection with any business, occupation or employment, for the purpose of falsely claiming, suggesting or implying —(i) that the person receives or is to receive, a fee, commission or other reward for providing professional or other services in relation to a matter being dealt with or to be dealt with by the Singapore Prison Service; (ii) that the Singapore Prison Service has agreed to acquire any goods or services provided by or on behalf of the person, or that those goods or services had previously been used or acquired by the Singapore Prison Service; or (iii) that the person has the sponsorship or approval of the Singapore Prison Service for any goods or services provided by or on behalf of the person, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. [53/2018] (2) A prison officer who wears any prison officer uniform or uses any prison officer insignia otherwise than —(a) in the course of, and for the purpose of, exercising the functions of a prison officer; or (b) for such other purpose authorised in writing by the Commissioner, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both. [53/2018] (3) It is a defence to any prosecution for an offence under subsection (1)(a) or (2) if the accused proves, on a balance of probabilities, that —(a) the accused had the express permission of the Commissioner to wear or possess the prison officer uniform or use the prison officer insignia, as the case may be; or (b) the accused wore or possessed the prison officer uniform or used the prison officer insignia (as the case may be) for the purposes of a public entertainment provided in compliance with the Public Entertainments Act 1958.[53/2018] (4) A person (whether or not a prison officer) who —(a) manufactures any prison officer uniform or prison officer insignia otherwise than under an agreement with the Government; (b) sells any prison officer uniform or prison officer insignia to a person who is neither a prison officer nor otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; or (c) gives or provides, whether or not for a consideration, any prison officer uniform or prison officer insignia to a person who is neither a prison officer nor otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. [53/2018] (5) It is a defence to any prosecution for an offence under subsection (4) if the accused proves, on a balance of probabilities, that —(a) the accused had reasonable grounds to believe and did make reasonable inquiries to ascertain that the person to whom the prison officer uniform or prison officer insignia was sold, given or provided was —(i) a prison officer; or (ii) a person otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; or (b) the accused had received from the person to whom the prison officer uniform or prison officer insignia was sold, given or provided, evidence purporting to show that —(i) that person was a prison officer or was otherwise authorised or permitted under subsection (3) to wear or possess the prison officer uniform or use the prison officer insignia; and (ii) it was reasonable to and the accused did accept that evidence as correct.[53/2018] (6) An offence under subsection (1), (2) or (4) is an arrestable offence.[53/2018] (7) In this section —“prison officer insignia” means —(a) any item (being any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing) that is generally recognised as being used by a prison officer; (b) any part of any such item; (c) any reasonable imitation of any such item, or part of such item; or (d) any insignia, emblem, logo, symbol, representation, device, badge of rank or other thing prescribed as being within this definition; “prison officer uniform” means the uniform of a prison officer, and includes —(a) any part of such a uniform or any accoutrement of a prison officer that is generally recognised as a part of the uniform or accoutrement of a prison officer; or (b) any reasonable imitation of such a uniform or accoutrement, or part of a uniform or accoutrement; “sell” includes —(a) exchange or let on hire; (b) offer, expose, possess, send, forward or deliver for sale, exchange or hire; or (c) cause, suffer or allow any sale, exchange or hire; “use”, in relation to prison officer insignia, includes —(a) driving on a public road a vehicle that has on it any prison officer insignia; and (b) using a reproduction or representation of prison officer insignia, but does not include wearing a prison officer uniform. [53/2018]

Unauthorised articles, communications and recordings

s 66

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66.—(1) Any person who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner —(a) conveys, supplies or causes to be supplied or conveyed to any prisoner, or hides or places for his or her use any unauthorised article; (b) brings or attempts by any means to introduce into any prison, or places or attempts to place where prisoners labour, any unauthorised article; (c) brings or attempts to bring out of any prison, or conveys from any prisoner, any unauthorised article; (d) makes any audio or visual recording in a prison; (e) communicates with a prisoner, in circumstances where the person knows or ought reasonably to know that the communication is likely to encourage, incite or agitate any prisoner to commit a prison offence, and thereby encourages, incites or agitates a prisoner to commit a prison offence; or (f) does any act, or omits to do any act which the person is required by law to do, which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have that effect:(i) prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or (ii) prejudicing the maintenance of good order and discipline in a prison, shall be guilty of an offence. [1/2014] (2) Any prison officer who, without the authority of this Act, the regulations made under this Act or the express permission of the Commissioner —(a) knowingly suffers any unauthorised article to be sold to or received or used by or on behalf of any prisoner; (b) lends or gives to any prisoner any unauthorised article; (c) knowingly suffers any unauthorised article to be brought out of any prison, or to be conveyed from any prisoner; (d) knowingly suffers the making of any audio or visual recording in a prison; or (e) knowingly suffers any act or omission which he or she knows or ought reasonably to know is likely to have any of the following effects, and does have such effect:(i) prejudicing the safe custody of prisoners, the safety of any person in a prison, or the security of a prison; or (ii) prejudicing the maintenance of good order and discipline in a prison, shall be guilty of an offence. [1/2014] (3) Any person guilty of an offence under this section shall be liable on conviction to a fine not exceeding $3,000 or to imprisonment for a term not exceeding 12 months or to both and, if the person is a prison officer, he or she may, unless the conviction is reversed on appeal, be dismissed from his or her office, and all arrears of pay due to him or her may be forfeited.[1/2014] (4) In this section, “unauthorised article” means —(a) any letter or document; (b) any electronic storage device; (c) any intoxicating substance, controlled drug, psychoactive substance or stimulant;[Act 6 of 2022 wef 02/09/2022] [Act 12 of 2023 wef 01/06/2024] (ca) any Part 3A product;[Act 9 of 2026 wef 01/05/2026] (d) any food or drink; (e) any item of clothing; (f) money; or (g) any article not specifically authorised by the Commissioner to be brought into or out of a prison.[1/2014]

Prisoner may be allowed to work

s 67

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67. A prisoner may be allowed to work at any labour prescribed under this Act, and for which he or she is certified as fit by the medical officer.[1/2014] [Act 5 of 2024 wef 31/07/2026]

Separation of prisoners

s 68

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68.—(1) Persons confined under civil process, and persons on remand charged with crimes or offences, or committed to take their trial, or confined for want of sureties, must not —(a) ordinarily be associated with convicted prisoners; or (b) be required to labour beyond the labour that is reasonably proper for keeping their persons and dress in a proper state, and keeping the places in which they are confined clean. (2) All juveniles must, so far as local conditions permit, be kept apart from adults under detention.

Extramural custody of prisoners

s 69

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69. A prisoner, when being taken to or from any prison in which the prisoner may be lawfully confined, or whenever the prisoner is working outside or is otherwise beyond the limits of any such prison in or under the lawful custody or control of a prison officer, is deemed to be in prison, and is subject to all the same incidents as if he or she were actually in prison.

Punishment by Superintendent for minor prison offences

s 70

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70.—(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of a minor prison offence as specified in section 72 with one or more of the following punishments:(a) confinement in a punishment cell for a term not exceeding 7 days; (b) forfeiture of remission not exceeding such amount as may be prescribed; (c) reduction in grade or postponement of promotion for such period as may be prescribed; (d) a written warning; (e) in the case of a prisoner subject to a home detention order under section 52, extension of the hours to which the prisoner is required to remain indoors under the conditions of the order;[Act 5 of 2024 wef 31/07/2026] (f) if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on a release order for a period that may be prescribed.[Act 5 of 2024 wef 31/07/2026] (2) The Superintendent must enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by the Superintendent upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of the prisoner’s offence and the extent of his or her punishment.

Punishment by Superintendent for aggravated prison offences

s 71

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71.—(1) The Superintendent may punish any prisoner found after due inquiry to be guilty of an aggravated prison offence as specified in section 73 by ordering the prisoner to undergo one or more of the following punishments:(a) except for the aggravated prison offence mentioned in item 6 of the table in section 73(1), corporal punishment not exceeding 12 strokes with a rattan;[Act 21 of 2025 wef 17/08/2026] (b) confinement in a punishment cell for a term not exceeding 7 days; (c) forfeiture of remission not exceeding such amount as may be prescribed; (d) reduction in grade or postponement of promotion for such period as may be prescribed;[Act 5 of 2024 wef 31/07/2026] (e) if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on any release order for a period that may be prescribed.[Act 5 of 2024 wef 31/07/2026] (2) Where the Superintendent has imposed any punishment upon any prisoner under subsection (1), the Superintendent must notify the Commissioner of the facts of the case and the punishment imposed on the prisoner not later than 7 days after imposition of the punishment.[1/2014] (3) The Commissioner may within 14 days, or such longer period as may be required in exceptional cases, of being notified by the Superintendent under subsection (2) —(a) confirm any punishment imposed by the Superintendent under subsection (1); or (b) vary any punishment imposed by a Superintendent under subsection (1), including enhancing, reducing or substituting the punishment imposed by the Superintendent or imposing any additional punishment that could have been awarded by the Superintendent under that subsection.[33/2004; 1/2014] (4) Where the Commissioner imposes forfeiture of remission under subsection (3)(b), the forfeiture of remission must not exceed such amount as may be prescribed.[1/2014] (5) Any punishment imposed by a Superintendent under subsection (1) must not be carried out until confirmed, or varied, by the Commissioner under subsection (3).[1/2014] (6) The Superintendent must enter in a register to be open to the inspection of the Visiting Justices a record of the punishments imposed by the Superintendent and by the Commissioner under subsection (3) upon prisoners, showing, in respect of each prisoner punished, the name of the prisoner, the nature of his or her offence and the extent of his or her punishment.[1/2014]

Minor prison offences

s 72

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72.—(1) The following are minor prison offences:Item Minor prison offence 1. Talking during working hours, or talking loudly, laughing or singing at any time after having been ordered by a prison officer to desist. 2. Quarrelling with any other prisoner. 3. Secreting or possessing any unauthorised article, or possessing a greater quantity of any article than the prisoner is authorised to possess. 4. Showing disrespect to any prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 5. Common assault or taking part in any attack on any other prisoner. 6. Providing information (whether or not in response to any question) to any prison officer, official visitor, or any person working, or providing rehabilitative and other related services, in the prison that the prisoner knows or ought reasonably to know to be — (a) false in a material particular; or (b) misleading by reason of the omission of a material particular. 7. Holding any communication (in writing, by word of mouth, or otherwise) with any person in disobedience of the regulations of the prison. 8. Abetting the commission of any minor prison offence. 9. Omitting to assist in the maintenance of discipline by reporting any prison offence, or to give assistance to a prison officer when called on to do so. 10. Doing any act or using any language calculated to offend or insult any other prisoner, prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 11. Doing any act calculated to create any unnecessary alarm in the minds of the prisoners, prison officers or any other persons working, or providing rehabilitative and other related services, in the prison. 12. Leaving the group to which the prisoner is attached, or the part of the prison in which the prisoner is confined, without the permission of a prison officer. 13. Leaving the ward, the yard, the place in file, the seat or berth assigned to the prisoner, without the permission of a prison officer. 14. Loitering about the yards or lingering in the wards when these are open. 15. Omitting or refusing to march in file when moving about the prison or proceeding to or returning from work. 16. Visiting the toilets without the permission of a prison officer or remaining there longer than is necessary. 17. Refusing to eat the meals provided. 18. Eating or appropriating any food not assigned to the prisoner or taking from or adding to the portions assigned to other prisoners. 19. Removing without the permission of a prison officer food or drink from any place in a prison where meals are cooked, distributed or served, or disobeying any order as to the issue and distribution of food and drink. 20. Wilfully destroying food or drink or throwing it away without orders. 21. Introducing into food or drink anything likely to render it unpalatable or unwholesome. 22. Omitting or refusing to wear the attire given to the prisoner, or exchanging any portion of it for the attire of other prisoners, or losing, discarding, damaging or altering any part of it. 23. Removing, defacing or altering any distinctive number, mark or badge attached to, or worn on, the attire or person. 24. Omitting or refusing to keep the person clean, or disobeying any order regulating the cutting of hair. 25. Omitting or refusing to keep clothing, blankets, bedding, fetters or utensils clean, or disobeying any order as to the arrangement or disposition of such articles. 26. Tampering in any way with prison locks, lamps or lights or other property without orders. 27. Stealing the prison attire or any part of the prison kit of any other prisoner. 28. Committing a nuisance in any part of the prison. 29. Spitting on or otherwise soiling any floor, door, wall or other part of the prison building or any article in the prison. 30. Wilfully soiling or befouling the toilets, washing or bathing places. 31. Damaging the trees within the enclosure of the prison. 32. Omitting or refusing to take due care of all prison property entrusted to the prisoner. 33. Omitting or refusing to take due care of, or damaging, or misappropriating, the materials and implements entrusted to the prisoner for work. 34. Omitting to report at once any loss, breakage or damage which the prisoner may have caused to prison property or implements. 35. Manufacturing any article without the knowledge or permission of a prison officer. 36. Performing any portion of the task allotted to another prisoner, or obtaining the assistance of another prisoner in the performance of the prisoner’s own task. 37. Appropriating any portion of the task performed by another prisoner. 38. Mixing or adding any foreign substance to the materials issued for work. 39. Cursing or swearing, or using indecent, violent, threatening or insulting language. 40. Causing or omitting to assist in suppressing violence or insubordination of any kind. 41. Immoral, disorderly or indecent behaviour. 42. Omitting or refusing to help any prison officer in case of an attempted escape or of an attack upon such officer or upon any other person. 43. Disobeying any lawful order of a prison officer. 44. Defacing or damaging the walls, furniture or other property of the prison. 45. Malingering. 46. Any breach by a prisoner subject to a home detention order under section 52 of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73. 47. Any breach by a prisoner subject to an external placement order under section 59B of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73. 48. Any breach by a prisoner subject to an employment preparation order under section 59K of the conditions of the order other than conduct constituting an aggravated prison offence specified in section 73. 48A. Any breach by a prisoner subject to an order under section 50ZG releasing the prisoner on licence of the conditions of that order other than conduct constituting an aggravated offence under section 73. 49. Any other act, conduct, disorder or neglect to the prejudice of good order or discipline in the prison. 50. Failure by a prisoner subject to an order under section 50ZG releasing the prisoner on licence, a prisoner subject to a home detention order under section 52, a prisoner subject to an external placement order under section 59B, or a prisoner subject to an employment preparation order under section 59K, to report to such person and at such times and place as may be specified under the conditions of the order. [Act 5 of 2024 wef 31/07/2026] (2) The minor prison offences mentioned in subsection (1) (other than items 4, 6, 8, 10, 11, 43, 45, 46, 47, 48, 48A and 50 of the table) do not apply in relation to a prisoner who is serving his or her sentence in such place or places outside the limits of any prison.[Act 6 of 2022 wef 02/09/2022] [Act 5 of 2024 wef 31/07/2026]

Aggravated prison offences

s 73

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73.—(1) The following are aggravated prison offences:Item Aggravated prison offence 1. Mutiny. 2. Escape or attempt to escape. 3. Taking part in any assault or attack on any prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 4. Aggravated or repeated assault on any other prisoner. 5. Wilful destruction of prison property. 6. Wilfully causing to himself or herself any illness, injury or disability. 7. Wilfully making a false or groundless accusation or complaint against any prisoner, prison officer, official visitor or any person working, or providing rehabilitative and other related services, in the prison. 8. Any act constituting a minor prison offence under section 72, committed by one or more members or associates of a secret society in connection with the activities of the secret society, whether or not all the other members of the secret society are present. 9. Repetition of any minor prison offence after having been twice punished for the same minor offence. 10. Where a prisoner subject to a release order, a home detention order under section 52, an external placement order under section 59B or an employment preparation order under section 59K (called in this subsection the relevant order) is required under the conditions of the relevant order to allow the Superintendent or any person authorised by the Superintendent to enter the prisoner’s place of residence, or any other place or places designated under the relevant order, the refusal by the prisoner to allow the entry, or obstructing or hindering the entry, of such person. 11. Any other act of gross misconduct or insubordination. 12. Abetting the commission of any aggravated prison offence. [Act 5 of 2024 wef 31/07/2026] (2) The aggravated prison offences mentioned in items 1, 4, 5 and 6 of the table in subsection (1) do not apply in relation to a prisoner who is serving his or her sentence in such place or places outside the limits of any prison.[Act 6 of 2022 wef 02/09/2022] [Act 5 of 2024 wef 31/07/2026]

Punishment by Visiting Justices

s 74

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74.—(1) Where a prisoner is accused of any aggravated prison offence and the Superintendent is of the opinion that, in the circumstances of the case, the power of punishment which the Superintendent possesses is inadequate, the Superintendent must forthwith report the matter in writing to the Visiting Justice or Justices. (2) The Visiting Justice or Justices are to, upon receipt of such report, attend at the prison without undue delay and investigate the charge, and may punish any prisoner whom after due inquiry upon oath the Visiting Justice or Justices may find guilty of such offence with one or more of the following punishments:(a) confinement in a punishment cell for a term not exceeding 30 days on such prescribed diet as the Visiting Justice or Justices may think fit; (b) corporal punishment not exceeding 24 strokes with a rattan; (c) forfeiture of remission not exceeding the amount that may be prescribed;[Act 5 of 2024 wef 31/07/2026] (d) if the prisoner is subject to an SPP or SEPP, postponement of the date on which the prisoner may be released on any release order for a period that may be prescribed.[Act 5 of 2024 wef 31/07/2026]

Prisoner may make defence

s 75

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75. A prisoner must not be punished until the prisoner has had an opportunity of hearing the charge and evidence against him or her, and making his or her defence.

Detention after date of discharge

s 76

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76.—(1) Any punishment lawfully imposed on a prisoner under this Act or any regulations made under this Act may be carried into effect despite the fact that the carrying into effect of the punishment may necessitate the detention of the prisoner beyond the date at which he or she would otherwise be entitled to be discharged from prison. (2) The period of detention under subsection (1) must not exceed 48 hours, the period to be calculated from the last hour of the day upon which the prisoner would otherwise be entitled to be discharged.

Corporal punishment

s 77

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77.—(1) When any sentence of corporal punishment is passed under this Act upon any prisoner, he shall not be liable to more than one such sentence in respect of the act or acts, or omission or omissions, for which he has been sentenced. (2) No sentence of corporal punishment shall be passed upon —(a) a woman; (b) a man sentenced by a court to death; or (c) a man whom a medical officer considers to be more than 50 years of age.[33/2004] (3) In no case shall a sentence of corporal punishment in excess of 10 strokes with a light rattan be passed upon a juvenile. (4) No sentence of corporal punishment shall be inflicted unless a medical officer is present and certifies that the prisoner is in a fit state of health to undergo the punishment.[33/2004] (5) If, during the execution of the sentence of corporal punishment, a medical officer certifies that the prisoner is not in a fit state of health to undergo the remainder of the sentence, the corporal punishment shall be finally stopped.[33/2004]

Superintendent may restore remission

s 77A

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77A. The Superintendent may, in the Superintendent’s discretion, restore to any prisoner a period of remission or any portion of the period which had previously been forfeited by the prisoner.[1/2014]

Prosecution for offences

s 78

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

Appointment of Visiting Justices

s 79

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79.—(1) The Minister must appoint a Board of Justices of the Peace, to be called the Board of Visiting Justices, of which all Magistrates are ex‑officio members. (2) Each member of the Board of Visiting Justices —(a) holds office for a period not exceeding 2 years or for any other period that the Minister may determine; (b) may from time to time be re-appointed or at any time be removed from office by the Minister; and (c) may at any time resign from the member’s office by giving written notice to the Minister. (3) A Visiting Justice —(a) may at any time visit any prison or reformative training centre and may inspect the several wards, cells, yards, solitary or punishment cells and other apartments or divisions of the prison, inspect and test the quality and quantity of the prisoners’ food, hear the complaints (if any) of the prisoners, and question any prisoner or prison officer; (b) must ascertain, so far as possible, whether the prison regulations are adhered to, and must call the attention of the Superintendent to any irregularity that may be observed in the working of the prison or reformative training centre or in the treatment of any prisoner confined therein; and (c) is to exercise and perform any other powers and duties that may be prescribed. (4) The Board is to appoint one or more of its members to be, on rotation, a Visiting Justice or Justices of the prisons for each month of the year, and the Visiting Justice or Justices are to hear, try and dispose of any prison offences for which a report under section 74(1) has been made. (5) Every Visiting Justice, for the purposes of this Act, has power to summon witnesses and to administer oaths. (6) The Board must in relation to persons detained in reformative training centres exercise such functions as may be required of it by any written law.

Visits by Judges, Magistrates, etc.

s 80

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80. Every Judge, Magistrate or Justice of the Peace having jurisdiction in the place where any prison is situated may —(a) whenever he or she thinks fit, enter into and examine the condition of the prison and of the prisoners therein; (b) question any prisoner or officer; and (c) enter any observation he or she thinks fit to make in reference to the condition of the prison in a Visitors’ Book to be kept for that purpose by the Superintendent, which book must be duly produced to the Visiting Justices at their next ensuing visit.

Back to Prisons Act 1933 — full text

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