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BERMUDA STATUTORY
INSTRUMENT
SR&O 7/1951
SENIOR TRAINING
SCHOOL RULES 1951
[made under
section 55 of the Young Offenders Act 1950 [title 10 item 33] and brought into
operation on 5 February 1951]
ARRANGEMENT OF
RULES
PART I
Preliminary
1 Citation
2 Interpretation
PART II
GENERAL RULES FOR TREATMENT OF INMATES
Organization
and training
3 Objects of corrective training
4 General organization
5 Grading of inmates
6 Privileges
Accommodation
7 Sleeping accommodation
8 Beds and bedding
Reception,
removal etc
9 Search of inmates
10 Inventory of property
11 Photographing and finger-printing
12 Interview with Commis sioner
13 Bath or shower
14 Medical examination
15 Explanation of rules
16 Undergoing preliminary training
17 Custody outside
18 Protection from public view
19 Temporary leave of ab sence
20 Medical Officer to record death
21 Notice of death
Discipline and
control
22 Development of individu ality and personal
respon sibility
23 Supervision by Commis sioner
24 Chief Officer as deputy to Commissioner
25 Use of force
26 Discipline offences; who may deal with
reports
27 Segregation on report
28 Opportunity to present case
29 Depriving of unauthorized articles
30 List of offences against discipline
31 Investigation of report; adjudication
32 Reference to Board for in vestigation
33 Restricted diet
34 Medical certificate of fit ness for
punishment
35 Frequency of visits by offi cers
36 Removal from normal community life
37 Weekly return of punish ments
38 Mechanical restraint
39 Temporary confinement of violent or
refractory in mate
40 Request to see Commis sioner or a member of
the Board
41 Prohibited articles
42 Liquor and tobacco
43 Search of persons and ve hicles
44 No conversation with in mate except as
authorized
45 Restriction on viewing training school
Work
46 48 hour week; suitability of work
47 No unauthorized work
Religion,
education and welfare
48 Religious denomination
49 Visits by special ministers
50 Divine Service
51 Visits by ministers
52 Religious books
53 Interviews with ministers
54 Avoidance of work on days of religious
observance
55 Education
56 Library
57 Books and periodicals from outside
58 Encouragement of family relationships
59 Inmate may inform family of his transfer to
prison
60 Assistance after release
61 Information to family of death or serious
illness
62 Letters and visits; fre quency
63 Supervision of letters and visits
64 Deferment of letters and visits when
confined
65 Letter instead of visit
66 Discretionary letters and visits
67 Voluntary interview with police officer
68 Visit by legal adviser
69 Visit by legal adviser not to be forfeited
Physical
welfare
70 Medical room; staff
71 Medical Officer
72 Preventive inoculation
73 Annual medical examina tion
74 Visits by medical staff
75 Attendance by Medical Officer; removal to
hospi tal
76 Dental treatment
77 Medical reports
78 Medical report on danger to inmate
79 Medical recommendations
80 Suicidal inmates
81 Mental illness
82 Serious illness or injury; notification
83 Hygiene
84 Ablutions; haircuts
85 Provision of toilet articles
86 Physical exercise
87 Quality of food
88 Inspection of food by Medical Officer
89 Private food prohibited
90 Quantity of food
91 Clothing
92 Protective clothing
93 Medical examination on release
94 Outfit on release
PART III
RULES AFFECTING INMATES NOT UNDERGOING CORREC TIVE TRAINING
95 Application of rules 96 to 110
Unconvicted
inmates
96 Separation of unconvicted inmates
97 Limited restriction of as sociation
98 Food of unconvicted in mate
99 Clothing of unconvicted inmate
100 Haircuts; shaving
101 Private medical atten dance on unconvicted in mate
102 Private property of uncon victed inmate
103 Books of unconvicted in mate
104 Work by unconvicted in mate
105 Visits to unconvicted in mate
106 unconvicted inmate seeking bail
107 Visit by private medical adviser to
unconvicted inmate
108 Facilities for unconvicted inmate to prepare
defence
109 Loss of special privileges of unconvicted
inmate
110 unconvicted inmate not to sell or transfer
articles
Appellants
111 Application of rules 112 to 116
112 Payment for work done by appellant
113 Appellant seeking bail
114 Visit by private medical adviser to appellant
115 Visitor to appellant in connection with appeal
116 Facilities for appellant to prepare appeal
Convicted
inmates awaiting sen tence
117 Representations to court by convicted inmates
awaiting sentence
PART IV
FUNCTIONS OF BOARD
118 Application of Part IV
119 Meetings and visits to training school
120 Minutes
121 Duties in general
122 Access to inmates
123 Inspection of food
124 Inspection of books and records
125 Additional visits or letters
126 Inquiry as to state of premises; recommenda tions
127 Assessment of conduct of inmates; suitability
for release
128 Reporting of incorrigible inmate
129 Supervision and after-care; directions
130 Assessment of compliance by person released
under supervision
131 Consultation with Com missioner before
granting any permission
132 Annual report to Governor
PART I
PRELIMINARY
Citation
1 These rules may be cited as the Senior
Training School Rules, 1951.
Interpretation
2 In these rules—
"the Board"
means the Treatment of Offenders Board established by the Treatment of
Offenders Board Act 1979 [title 10 item
31] ;
"Chaplain"
means a clergyman or minister appointed under the Young Offenders Act 1950 [title 10 item 33], to be a chaplain for
duties in connection with the administration of the senior
training school;
"Chief
Officer" has the meaning given in rule 4;
"Commissioner"
means the Commissioner of Prisons;
"inmate"
means a person undergoing corrective training or oth erwise required to be
detained in the senior training school;
"legal
adviser," in relation to an inmate, includes the inmate's counsel and a
clerk authorized by the inmate's counsel
to interview the inmate;
"the Medical
Officer" means the medical practitioner appointed to be the Medical
Officer for duties in connection with
the ad ministration of the senior
training school;
"offence against
discipline" means an offence against discipline within the meaning of rule
30;
"officer"
means a training school officer within the meaning of section 50 of the Young
Offenders Act 1950 [title 10 item 33];
"the training
school" means either of the training schools re ferred to in section 51 of
the Young Offenders Act 1950
[title 10
item 33].
PART II
GENERAL RULES FOR THE TREATMENT OF INMATES
Organization
and Training
Objects of
corrective training
3 The objects of corrective training shall
be to bring to bear every influence which may establish in inmates the will to
lead a good
and useful life on their release, and to fit them to do so by the
fullest possible development of their character, capacities, and
sense of per sonal
responsibility.
General
organization
4 (1) The
senior training schools shall be administered by the Commissioner assisted by a
Chief Officer who—
(i) in respect of the senior training
school for boys, shall be a male; and
(ii) in respect of the senior training school
for girls, shall be a female,
and such Chief
Officer shall be in immediate charge of the training school and shall be
responsible to the Commissioner; and the
Chief Offi cer shall have such powers
and discharge such duties as are set out in the following provisions of these
rules.
(2) In order to enable officers to exercise
their personal influ ence on the character and development of individual
inmates, and to
un derstand the needs of each inmate for the purposes of his
training, the inmates of the training school shall be grouped in houses.
(3) A Housemaster appointed under the Young
Offenders Act 1950 [title 10 item 33]
shall be responsible through the Chief Officer to the Commissioner for the
administration of each house, and for the per sonal
training of the inmates in
his house.
Grading of
inmates
5 (1) In
order to encourage the progressive development of re sponsibility and to assist
in the assessment of their fitness for release,
inmates shall be placed in such
grades as the Commissioner may from time to time approve.
(2) Promotion from grade to grade or reduction
in grade other wise than as a punishment imposed in respect of an offence
against dis
cipline, shall be decided by the inmate's Housemaster, subject to
ap proval by the Commissioner.
(3) Inmates who have been appointed to an
appropriate grade may be given positions of special responsibility and
leadership.
Privileges
6 (1) There
shall be established in the training school such sys tem of privileges as the
Commissioner may, after consultation with the
Board, from time to time approve
in the interests of good conduct and training.
(2) Any such system shall include arrangements
under which sums paid to inmates under these rules may be spent on such
articles, and
subject to such conditions, as the Commissioner may from time to
time determine.
Accommodation
Sleeping
accommodation
7 Sleeping accommodation for inmates
shall be of such size, and
shall be lighted,
ventilated and fitted in such a manner, as is requisite for health; and when
such accommodation is locked it shall
be furnished with the means of enabling
inmates to communicate at any time with an officer:
Provided that this rule
shall not have effect when, with the au thority of the Commissioner, inmates
are temporarily accommodated
un der camp conditions.
Beds and
bedding
8 Every inmate shall be provided with a
separate bed and with separate bedding adequate for warmth and health.
Reception,
Removal, etc.
Search of
inmates
9 (1) Every
inmate shall be searched when taken into custody by an officer, on his
reception in the training school (unless on transfer
from a prison) and at such
subsequent times as may be directed by the Commissioner or by the Chief
Officer, and all unauthorized
articles shall be taken from him.
(2) The searching of an inmate shall be
conducted in as seemly a manner as is consistent with the necessity of
discovering any con cealed
article.
(3) No inmate shall be stripped and searched in
the sight of another inmate.
Inventory of
property
10 All money, clothing or other articles
belonging to an inmate which he is not allowed to retain shall be placed in the
custody of
the Chief Officer, who shall keep an inventory thereof, which shall
be signed by the inmate.
Photographing
and finger-printing
11 (1) A
personal record of each inmate shall be prepared and maintained in such manner
as the Minister may direct.
(2) Every inmate sentenced to undergo corrective
training shall as soon as may be after his reception in the training school be
pho
tographed, measured and shall have his finger-prints taken; but no copy of
the photograph shall be given to a person who is not
authorized to re ceive it.
Interview with
Commissioner
12 Every inmate shall, as soon as possible
after his reception in or, as the case may be, his recall to, the training
school, be separately
inter viewed by the Commissioner and by the Chief
Officer.
Bath or shower
13 Every inmate shall, unless exempted by
the Chief Officer or the Medical Officer, take a hot bath or shower on his
reception in the
train ing school.
Medical
examination
14 Every inmate (unless he is transferred
from a prison under sec tion 60 of the Young Offenders Act 1950 [title 10 item 33]) shall, as soon as
practicable after his reception in the training school, or (as the case may be)
his recall thereto, be separately
examined by the Medical Officer who may take
a specimen of the inmate's blood; and the Medical Officer shall record the
state of
health of the inmate and such other particulars as may be directed by
the Commissioner.
Explanation of
rules
15 The Chief Officer shall ensure that
every inmate receives on his reception in the training school a careful
explanation of these
rules and of any other administrative regulations or
orders of which he should have knowledge, including—
(a) those relating to the disciplinary requirements
of the training school;
(b) those relating to earnings and privileges;
(c) those relating to the proper methods of
submitting peti tions to the Governor and to the Minister and of making
complaints; and
(d) those relating to food, clothing, bedding and
other nec essaries,
so that the inmate
may understand both his rights and obligations.
Undergoing
preliminary training
16 (1) An inmate sentenced to undergo corrective
training shall, for a period of not less than two weeks nor more than four
weeks follow
ing his reception in the training school after sentence, be
treated as an inmate undergoing preliminary training.
(2) An inmate undergoing preliminary training
shall as far as practicable be segregated from other inmates who are not
undergoing preliminary
training.
(3) Arrangements shall be made by the
Commissioner—
(a) for a careful examination of each inmate
undergoing preliminary training, so that in the light of his history, character
and capacities
his suitability for subsequent corrective training may be
assessed and his particular training may be determined; and
(b) for such preliminary instruction of the inmate
as will best fit him for undergoing subsequent corrective train ing in the
training
school.
Custody outside
17 An inmate directed to be taken to any
place outside the training school under section 64(1) and (2) of the Young
Offenders Act 1950
[title 10 item 33]
shall be kept in the custody of training school officers, prison officers or
police officers while outside the training school.
Protection from
public view
18 When inmates are removed to or from the
training school they shall be exposed to public view as little as possible, and
proper safe
guards shall be taken to protect them from insult or curiosity.
Temporary leave
of absence
19 (1) An
inmate undergoing corrective training may be allowed by the Commissioner, on
conditions and for reasons approved by the Com missioner
after consultation
with the Board, to be temporarily absent from the training school on leave of
absence, for a stated length of
time.
(2) If the Commissioner is satisfied that an
inmate absent on leave of absence has broken any of the said conditions, the
inmate shall
notwithstanding that the stated length of time has not elapsed, be
liable to be recalled to the training school by written order
of the Commis sioner;
and if the inmate fails duly to comply with any such order he shall be deemed
to be unlawfully at large.
(3) If an inmate absent on leave of absence
fails duly to return to the training school upon the elapse of the length of
time for which
the leave of absence was granted he shall be deemed to be
unlawfully at large.
Medical Officer to record death
20 The Medical Officer shall keep a record
of the death of an inmate which shall include the following particulars—
the time when the deceased was taken ill or was injured, the
time when the illness or injury was first notified to the Medical Officer,
the
nature of the illness or injury, the method of treatment employed, the time
when the inmate died, and an account of the appearance
after death (in cases
where a post mortem examination is made), together with any special remarks
that appear to the Medical Officer
to be required.
Notice of death
21 The Commissioner shall, upon the death
of an inmate, give im mediate notice thereof to the Deputy Governor and to the
Minister,
to the Coroner having jurisdiction and to the Board.
Discipline and
Control
Development of
individuality and personal responsibility
22 The purpose of corrective training
requires that every inmate, while conforming to the rules necessary for
well-ordered community
life, shall be able to develop his individuality on
right lines with a proper sense of personal responsibility. Training school
officers shall, therefore, while firmly maintaining discipline and order, seek
to do so by influenc ing the inmates through their
own example and leadership and
by en listing the willing co-operation of the inmates.
Supervision by
Commissioner
23 (1) The
Commissioner shall exercise a close and constant per sonal supervision of the
whole training school, which he shall, if practi
cable, visit daily, and which
he shall inspect at frequent intervals.
(2) The Chief Officer shall visit and inspect
daily all parts of the training school in which inmates work or are
accommodated, and
shall give special attention to every inmate who is ill or is
suffering from any injury.
Chief Officer
as deputy to Commissioner
24 The Commissioner may depute the Chief
Officer to act in his stead in his absence, and the Chief Officer shall, in the
Commissioner's
absence perform all the duties imposed upon the Commissioner by these rules.
Use of force
25 (1) No
officer shall in dealing with an inmate use force unnec essarily; and when the
application of force to an inmate is necessary,
no more force than is necessary
shall be used.
(2) No officer shall deliberately act in a
manner calculated to pro voke an inmate.
Discipline
offences; who may deal with reports
26 No report against an inmate for an
offence against discipline shall be dealt with by an officer except the
Commissioner, or, in
his ab sence, by the Chief Officer duly deputed under rule
24 to act in his stead in his absence.
Segregation on
report
27 Where an inmate has been reported for
an offence against disci pline or for any criminal offence the Commissioner or
the Chief Officer
may order him to be kept apart from other inmates until
adjudication on the report or, as the case may be, until the institution
of
criminal pro ceedings against him.
Opportunity to
present case
28 An inmate shall, before a report
against him is dealt with, be in formed of the offence against discipline for
which he has been
reported and shall be given a proper opportunity of hearing
the facts alleged against him and of presenting his case.
Depriving of
unauthorized articles
29 The Commissioner or the Chief Officer
may deprive an inmate of any unauthorized article found in his room or in his
possession.
List of
offences against discipline
30 An inmate shall be guilty of an offence
against discipline
(a) if he disobeys any order of the Commissioner or
of the Chief Officer or of any other officer; or if he disobeys any order of
any
person in whose lawful custody he is for the time being while temporarily
absent from the training school;
(b) if he treats with disrespect any officer or any
person authorized to visit the training school;
(c) if he is idle, careless, or negligent at work,
or refuses to work;
(d) if he uses any abusive, insolent, threatening
or other improper language;
(e) if he uses any indecent language, does any
indecent act, or makes any indecent gesture;
(f) if he commits any assault;
(g) if he absents himself without permission from
any place where he is required to be;
(h) if he has in his room or in his possession any
unautho rized article, or attempts to obtain any unauthorized ar ticle;
(i) if he gives to, or receives from, any person
any unautho rized article;
(j) if he improperly takes, or is improperly in
possession of, any article which belongs to the Prison Department or is the
property
of any other person;
(k) if he wilfully disfigures or damages any part
of the training school, or any article the property of any other person;
(l) if he commits any nuisance;
(m) if he escapes from the training school or from
any other lawful custody;
(n) if he mutinies or incites any other inmate to
mutiny;
(o) if he does any personal violence to an officer;
(p) if he makes repeated and groundless complaints;
(q) if he in any other way offends against good
order and discipline; or
(r) if he
attempts to do any of the foregoing things, or if he conspires with or causes
or procures any person to do any such things,
or if he aids in doing any of
such things.
Investigation of report; adjudication
31 (1) The
Commissioner shall investigate every report of the commission by an inmate of
an offence against discipline and shall, un less
he reports the case to the
Board under rule 32, adjudicate thereon; and where he finds the inmate to be
guilty of an offence against
disci pline he may impose one or more of the
punishments set out in section 67(3)(b) of the Young Offenders Act 1950 [title 10 item 33].
(2) Every offence against discipline shall be
reported forthwith and the Commissioner shall investigate such reports not
later than
the following day, unless that day is a Sunday or other public
holiday.
Reference to
Board for investigation
32 (1) Where
an inmate who is undergoing corrective training is reported for any of the
following offences against discipline, namely mutiny,
incitement to mutiny or
doing personal violence to an officer, and the Commissioner, having regard to
the circumstances of the
case, thinks it expedient that the Board should deal
with the report, then the Commissioner shall report the offence to the Deputy
Governor and to the Minister, and to the Board.
(2) The Board (or a magistrate, if a magistrate
is duly appointed by the Governor to act in their place in pursuance of section
68(3)
of the Young Offenders Act 1950 [title
10 item 33]) shall as soon as may be in vestigate the report and deal with
the matter in accordance with section 68 of the Young Offenders
Act 1950 [title 10 item 33]; and if the Board or
(as the case may be) the magistrate, find the inmate to be guilty of such
offence, then the Board or the
magistrate may impose one or more of the
punishments which may lawfully be imposed under section 67 read with section 68
of the
Young Offenders Act 1950 [title 10
item 33].
(3) Where the Governor annuls, under section
68(5) of the Young Offenders Act 1950 [title
10 item 33] an order made by the Board or by a magistrate imposing corporal
punishment on an inmate the matter shall be remitted to the Board
or
magistrate, and the Board or magistrate shall as soon as may be impose such
other lawful punish ment (other than corporal punishment)
upon the inmate as
appears to them or him proper in the circumstances.
Restricted diet
33 Where restricted diet is imposed as a
punishment in respect of an offence against discipline it shall consist of
restricted diet
No. 1 or re stricted diet No. 2 as mentioned in the First
Schedule; and such re stricted diets shall comprise the food, and shall
be
administered subject to the conditions, specified in the First Schedule.
Medical
certificate of fitness for punishment
34 Corporal punishment, confinement to a
room or restriction of diet shall in no case be imposed on an inmate as a
punishment in re
spect of an offence against discipline unless the Medical
Officer has cer tified that the inmate is in a fit condition of health
to
undergo that pun ishment.
Frequency of
visits by officers
35 Every inmate who is undergoing
confinement to a room either as a punishment imposed for an offence against
discipline or under rule
39, or who is placed on restricted diet No. 1, shall
be visited at least once a day either by the Commissioner or by the Chief
Officer, and in addition either by the Medical Officer or by an officer trained
as a medical orderly; and, if the inmate is undergoing
confinement to a room he
shall also be visited by an officer appointed for that purpose at intervals of
not more than three hours
during the day.
Removal from
normal community life
36 (1) Without
prejudice to anything in rule 30, where the Com missioner is satisfied that the
behaviour of an inmate is such that, in
the interests of his own training or of
the good conduct of his house, he should be temporarily removed from normal
community life,
the Com missioner may order the removal of the inmate from his
house.
(2) An inmate shall not be removed from his
house under the foregoing provisions of this rule for longer than is necessary
to achieve
the purpose of the removal, and during that period every effort
shall be made to ascertain the causes of the inmate's behaviour
and to correct
it.
(3) An inmate removed from his house under the
foregoing pro visions of this rule or as a punishment imposed in respect of an
offence
against discipline shall be accommodated in a separate part of the
training school under such restrictions of association, diet,
earnings and
privileges as the Commissioner, after consultation with a member of the Board,
may determine:
Provided that where the
diet of an inmate is restricted under this paragraph it shall not be reduced
below a nutritional standard
adequate for the health and strength of the inmate
at normal work.
Weekly return
of punishments
37 The Commissioner shall render to the
Deputy Governor and to
the Minister a weekly return setting out the names of inmates punished in
respect of offences against discipline during the seven
days last pre ceding
the making of the return, the offences in question, the punish ments imposed,
the offences against discipline
(if any) previously com mitted by each such
inmate and any remarks which the Commissioner wishes to make.
Mechanical
restraint
38 (1) Mechanical
restraint shall not be used as a punishment for an inmate or for any purpose
other than the safe custody of an inmate
during his removal from the training
school, except on medical grounds by direction of the Medical Officer, or in
the circumstances
set out in paragraphs (2) to (6) of this rule.
(2) Where it appears to the Commissioner, or in
the Commis sioner's absence then to the Chief Officer, that it is necessary to
place
an inmate under mechanical restraint in order to prevent his injuring him self
or others, or damaging property, or creating a disturbance,
then the
Commissioner, or in the Commissioner's absence then the Chief Officer, may
order the inmate to be placed under mechanical
restraint; and no tice thereof
shall forthwith be given to a member of the Board and to the Medical Officer.
(3) The Medical Officer shall, on receiving any
such notice, forthwith inform the Commissioner, or in the Commissioner's
absence then
the Chief Officer, whether he concurs in the order; and if on medi cal
grounds he does not concur then the Commissioner or (as the
case may be) the
Chief Officer, shall act in accordance with any recommenda tion which the
Medical Officer may make.
(4) No inmate shall be kept under mechanical
restraint longer than is necessary, or in any event for a period longer than
twenty-four
hours, unless an order in writing from a member of the Board is
given, specifying the cause of the mechanical restraint and the
time during
which the inmate is to be kept under mechanical restraint; and any such order
shall be retained by the Commissioner
as his warrant for keeping the inmate
under mechanical restraint.
(5) Particulars of the circumstances of every
case in which an inmate is placed under mechanical restraint shall forthwith be
recorded
by the Commissioner in a book to be kept for that purpose.
(6) No instrument or apparatus of mechanical
restraint shall be used except of such pattern and in such manner and under
such condi
tions as may from time to time be approved by the Minister.
Temporary
confinement of violent or refractory inmate
39 The Commissioner, or in the
Commissioner's absence then the Chief Officer, may order a refractory or
violent inmate to be temporarily
confined in a special room suitable for the
purpose; but no inmate shall be confined in any such room as a punishment or
after
he has ceased to be refractory or violent.
Request to see
Commissioner or a member of the Board
40 (1) Arrangements
shall be made that every request by an in mate to see the Commissioner or a
member of the Board is recorded by the
officer to whom it is made and that the
request is conveyed without delay to the Commissioner.
(2) The Commissioner shall, at a convenient hour
on every day, other than a Sunday or other public holiday, hear the
applications of
all inmates who have made a request to see him, and shall
inform the next member of the Board who visits the training school of
every
such request made by an inmate to see a member of the Board.
Prohibited
articles
41 (1) No
person shall without authority convey into or deposit in the training school,
or convey out of the training school, or convey
to an inmate, or deposit in any
place with the intent that it shall come into the possession of an inmate, any
money, clothing,
food, drink, tobacco, let ter, paper, book, tool or other
commodity or article whatsoever.
(2) Without prejudice to any proceedings which
may be taken against any person in respect of a contravention of the foregoing
provi
sions of this rule anything so conveyed or deposited may be confiscated
by order of the Commissioner or, in the Commissioner's absence,
then by the
Chief Officer.
Liquor and
tobacco
42 (1) No
inmate shall be given or allowed to have in his posses sion any intoxicating
liquor except under the authority of a written order
of the Medical Officer
specifying the name of the inmate for whose use it is intended and the quantity
to be given.
(2) No inmate shall be allowed to smoke or have
in his posses sion any tobacco except in accordance with such orders as may be
given
by the Commissioner.
Search of
persons and vehicles
43 (1) All
persons and vehicles entering or leaving the training
school may be examined and searched.
(2) A person suspected of improperly bringing
any article spec ified in rule 41 into the training school, or of improperly
carrying
out any such article or any article belonging to the Prisons
Department, or while in the training school of being improperly in
possession
of any such arti cle or of any article belonging to the Prisons Department,
shall be stopped and immediate notice shall
be given to the Commissioner, or in
the Commissioner's absence then to the Chief Officer, who may order that such
person shall
be searched:
Provided that any such
person shall not be searched except by a prison officer of the same sex as that
person.
(3) The Commissioner or the Chief Officer may
refuse admit tance to the training school of any person who is not willing to
be exam
ined and searched.
(4) Without prejudice to paragraph (2), the
Commissioner or the Chief Officer may direct the removal from the training
school of any
person who while within the training school is not willing to be
examined and searched or whose conduct is improper.
No conversation
with inmate except as authorized
44 No person shall, except in pursuance of
these rules or as autho rized by the Governor, by the Commissioner or by the
Minister, enter
into or hold any conversation with an inmate.
Restriction on
viewing training school
45 (1) The
Commissioner shall not, except as provided by law, or as directed by the
Governor or by the Minister, allow any person to view
the training school.
(2) The Commissioner shall ensure that no person
authorized to view the training school makes a sketch, or takes a photograph or
enters
into communication with an inmate, unless authorized to do so by the
Governor by the Minister.
Work
48 hour week;
suitability of work
46 (1) The
normal working week for inmates shall be forty-eight hours.
(2) The work on which inmates are employed shall
so far as practicable be such as will help to fit each inmate to earn his
livelihood
on release.
(3) Provision shall so far as practicable be
made for the techni cal training of suitable inmates in skilled trades.
(4) The Medical Officer may excuse an inmate
from work on medical grounds; and no inmate shall be employed on any work
unless he has
been certified as fit for that type of work by the Medical
Officer.
(5) Inmates may receive payment for work in
accordance with the rates and subject to the conditions set out in the Second
Schedule;
and the Commissioner shall determine the amount payable in respect of
inmates of particular grades.
No unauthorized
work
47 No inmate shall be employed on any type
of work not authorized by the Minister.
Religion,
Education and Welfare
Religious
denomination
48 The religious denomination of each
inmate shall on his reception in the training school be ascertained and
recorded and he shall
thence forward be treated as a member of the religious
denomination then recorded unless and until he satisfies a member of the
Board
that he has good grounds for desiring the record to be altered.
Visits by
special ministers
49 Where an inmate is recorded as
belonging to a religious denomi nation for which no Chaplain has been appointed
to the training school,
the Commissioner shall, if the inmate so requests,
arrange for him, so far as possible, to be visited by a minister of that
denomination,
and every such inmate shall be informed of this rule on his
reception into the training school.
Divine Service
50 Chaplains and other ministers shall
conduct Divine Service for inmates of their religious denominations at such
times as may be
ar ranged by the Commissioner.
Visits by
ministers
51 Arrangements shall be made by the
Commissioner to secure, so far as practicable, that every inmate is regularly
visited at proper
and reasonable times by a Chaplain or, as the case may be, by
a minister, of
his religious denomination.
Religious books
52 There shall, so far as practicable, be
made available for the per sonal use of every inmate such of the Scriptures and
books of
religious observance and instruction recognized for his religious
denomination as are accepted by the Board for use in the training
school.
Interviews with
ministers
53 (1) Arrangements
shall, so far as practicable, be made by the Commissioner for a Chaplain or
other minister—
(a) to interview individually every inmate recorded
as be longing to his religious denomination, as soon as possi ble after the
inmate's
reception in the training school, a short time before his release from
the training school, and from time to time during his detention;
and
(b) if no other arrangements have been made, to read
the burial service at the funeral of such an inmate who has died in the
training
school.
(2) Arrangements shall be made by the
Commissioner for a Chaplain or other minister to visit daily, if practicable,
any inmate recorded
as being of his religious denomination who is ill or
injured.
Avoidance of
work on days of religious observance
54 Arrangements shall be made for the
avoidance of all unnecessary work by inmates of the Christian religion on
Sunday, Christmas Day
and Good Friday, and by inmates recorded as belonging to
other religious de nominations on their recognized days of religious
observance.
Education
55 (1) Provision
shall be made for the continued education of all inmates by class teaching,
individual study, and such cultural influ
ences, including hobbies and
handicrafts, as may encourage the devel opment of valuable interests and good
use of leisure.
(2) Facilities shall so far as practicable be
provided to enable every inmate to take part in such educational activities for
at least
six hours a week outside the normal working week; and, where it is
desir able in the educational interests of any inmate, and particularly
in re spect
of any inmate under eighteen years of age, arrangements may be made for his
education within the normal working week.
Library
56 A library shall be provided in the
training school, and, subject to such conditions as the Commissioner may
determine, every inmate
shall be allowed to have library books and to exchange
them as often as prac ticable.
Books and
periodicals from outside
57 Inmates may receive books or
periodicals from outside the training school under such conditions as the
Commissioner may deter mine.
Encouragement
of family relationships
58 (1) Special
attention shall be paid to the maintenance of such relations between an inmate
and his family as are desirable in the best
interests of both.
(2) So far as is practicable, and in the opinion
of the Commis sioner and of the Board desirable, an inmate shall be encouraged
and
assisted to maintain or establish such relations with persons or societies
outside the training school as may promote the best interests
of the in mate's
family or the social rehabilitation of the inmate.
(3) The Commissioner or a member of the Board
may at any time communicate to an inmate, or to his family or friends, any
matter of importance
to the inmate.
Inmate may
inform family of his transfer to prison
59 An inmate shall be allowed to inform
his family of his transfer from the training school to a prison.
Assistance
after release
60 From the beginning of the corrective
training of every convicted inmate consideration shall be given by the
Commissioner, in consulta
tion with the Board, to the future of the inmate and
the after-care and assistance to be given to him on and after his release from
the training school.
Information to
family of death or serious illness
61 Upon the death or serious illness of an
inmate or upon the certi fication of an inmate as insane, or upon the
sustaining by an inmate
of a serious injury, the Commissioner, if the inmate is
married to a person whose address is known, shall at once inform the wife,
and
otherwise shall at once inform the nearest relative whose address is known and
shall in any event inform any other person whom the inmate has re quested may
be so informed.
Letters and
visits; frequency
62 (1) Every
inmate shall be allowed to write and to receive a letter on his reception in
the training school and thereafter once in four
weeks, and to receive a visit
once in four weeks.
(2) The letters and visits to which an inmate is
entitled under paragraph (1) shall not be liable to be forfeited as a
punishment imposed
in respect of an offence against discipline.
(3) The Commissioner may allow as a privilege
for any class of inmates such additional letters or visits as he may determine.
Supervision of
letters and visits
63 (1) Without
prejudice to rule 62(1), the Commissioner may, notwithstanding anything in this
or in rules 64 to 69, impose such re strictions
upon and supervision over
letters and visits as he considers necessary for maintaining discipline and
good order, for preventing
crime and criminal associations, and for ensuring
the welfare of individuals.
(2) Except as provided in these rules, no person
shall without special authority be allowed to communicate with an inmate.
(3) Every letter to or from an inmate shall
(except as hereinafter provided in these rules in the case of certain
communications to
the legal adviser of an inmate) be read by the Commissioner,
or by the Chief Offi cer or by an officer deputed by the Commissioner
for that
purpose; and it shall be within the discretion of the Commissioner to stop any
letter on the grounds that its contents
are objectionable or that it is of
inordinate length.
(4) The degree of supervision to be exercised during
visits to inmates shall, subject to any express provision of these rules, be in
the discretion of the Commissioner.
Deferment of
letters and visits when confined
64 Where an inmate who is entitled to a
letter or visit under any provision of these rules is at the time undergoing
confinement to
his room, the letter or visit may in the discretion of the
Commissioner be deferred until the period of confinement has expired.
Letter instead
of visit
65 The Commissioner may allow an inmate
who is entitled to a visit to write a letter and to receive a reply instead of
the visit.
Discretionary
letters and visits
66 An inmate may be allowed, at the
discretion of the Commis sioner, to have special letters and visits for any
purpose which, in the
opinion of the Commissioner, is likely to promote the
best interests of the inmate or of his family either while he is undergoing
corrective training or after his release from the training school.
Voluntary
interview with police officer
67 A police officer may on production of
an order issued by a police officer not below the rank of Superintendent,
interview any inmate
who is willing to see him.
Visit by legal
adviser
68 (1) Reasonable
facilities shall be allowed for the legal adviser of an inmate who is a party
to legal proceedings (whether civil or
criminal) to interview the inmate with
reference to those proceedings out of the hearing of any officer.
(2) The legal adviser of an inmate may, with the
permission of the Commissioner, interview such inmate with reference to any
other le
gal business.
Visit by legal
adviser not to be forfeited
69 The visits for special purposes to
which rule 68 refers shall be additional to the visits allowed under any other
of the foregoing
rules, and shall not be liable to be forfeited as a punishment
imposed in re spect of an offence against discipline.
Physical
Welfare
Medical room;
staff
70 (1) The
training school shall include a suitable room or rooms equipped and furnished
in a manner proper for the medical examination,
care and treatment of inmates
who are ill or injured but who arc not re moved to a hospital under these
rules.
(2) The
medical staff of the training school shall consist of the Medical Officer and
not less than one officer trained as a medical
orderly.
Medical Officer
71 (1) The
Medical Officer shall, while acting in that capacity, be responsible to the
Commissioner.
(2) The Medical Officer shall have the care of
the mental and physical health of the inmates.
(3) The Medical Officer shall visit every day,
if practicable—
(a) every ill or injured inmate in the training
school;
(b) every inmate who complains of illness or
injury; and
(c) any other inmate to whom his attention is
specially di rected.
Preventive
inoculation
72 The Medical Officer may, on the
reception in the training school of an inmate sentenced to undergo corrective
training, cause him
to be given such preventive inoculations as he thinks
desirable; and may cause the inmate to be given subsequent preventive
inoculations
at such intervals as he may direct.
Annual medical
examination
73 The Medical Officer shall cause every
inmate to undergo a com plete medical examination not less often than once in
each period
of twelve months following the inmate's reception in the training
school.
Visits by
medical staff
74 The Medical Officer shall visit every
day, if practicable, and an officer trained as a medical orderly shall visit
every day, or
more often if necessary, every inmate who has been placed under
mechanical re straint, or who is undergoing confinement to his room,
or who has
been placed on restricted diet No. 1.
Attendance by
Medical Officer; removal to hospital
75 (1) The
Medical Officer shall attend as soon as practicable on receiving information of
the illness or injury to an inmate.
(2) The Medical Officer may in his discretion
direct the removal of an ill or injured inmate to a hospital under such
arrangements as
to medical care and otherwise as may be expedient.
(3) The Medical Officer may in his discretion
call into consulta tion another medical practitioner, and shall do so before a
serious
oper ation is performed upon an inmate, unless in the opinion of the
Medical Officer it is essential for the operation to be performed
immediately.
(4) The Medical Officer shall keep a record of
occasions on which in accordance with paragraph (3) he consults another medical
practitioner,
and of the circumstances in which any serious operation is
performed without such consultation.
Dental
treatment
76 The Medical Officer shall, in
conjunction with the appropriate authorities, make arrangements for any
necessary dental treatment
of inmates.
Medical reports
77 (1) The
Medical Officer shall report to the Commissioner any matter which on medical
grounds appears to him to require the consid eration
of the Commissioner or of
the Board; and, where the Medical Of ficer considers the consideration of the
Board to be required, the
Com missioner shall forward the report to them.
(2) Where a report on the physical or mental
condition of an inmate is required by the Governor, by the Minister, or by any
court, or
by the Attorney-General or by the Commissioner of Police, then the
Commissioner of Prisons shall cause a report to be prepared by
the Medical
Officer accordingly, and shall transmit the report to the person or court by whom
it was required.
Medical report
on danger to inmate
78 Whenever the Medical Officer has reason
to believe that the mental or physical health of an inmate is likely to be
injuriously affected
by continued corrective training or by any conditions of
his training or that the life of an inmate will be endangered by corrective
training or that an inmate who is ill or injured will not survive the term of
his sentence or is totally or permanently unfit for
corrective training in the
training school, then the Medical Officer shall without delay report the case
in writing to the Commissioner
with such recommendations as he thinks fit; and
the Commissioner shall forward a copy of such report and rec ommendations to
the
Board forthwith.
Medical
recommendations
79 The Medical Officer shall report in
writing to the Commissioner the case of any inmate to which he thinks it
necessary on medical
grounds to draw attention, and shall make such
recommendations as he considers necessary for the alteration of the diet or treatment
of the in mate or for his separation from other inmates, or for the supply to
him
of additional clothing, bedding or other articles; and the Commissioner shall
so far as practicable carry such recommendations
into effect.
Suicidal
inmates
80 The Medical Officer shall draw the
attention of the Commissioner to any inmate who he has reason to think has
suicidal intentions
in or der that special observation may be kept on such
inmate; and the Com missioner shall, without delay, direct that such inmate
be
observed at frequent intervals.
Mental illness
81 The Medical Officer shall keep under
special observation any in mate whose mental condition appears to require it,
and shall take
such steps as he considers proper for the segregation of the
inmate, and, if necessary, for his compulsory admission to hospital
under the
Mental Health Act 1968 [title 11 item 36].
Serious illness
or injury; notification
82 The Medical Officer shall forthwith
notify the Commissioner and the Chaplain of the case of an inmate who appears
to him to be seriously
ill or to have been seriously injured.
Hygiene
83 The Medical Officer shall oversee and
shall advise the Commis sioner upon the hygiene of the training school and of
the inmates,
in cluding arrangements for cleanliness, sanitation, heating,
lighting and ventilation.
Ablutions;
haircuts
84 Arrangements shall be made for every
inmate to wash at all proper times, to have a hot bath or shower at least once
a week, and
(unless excused or prohibited on medical or other grounds) to shave
or be shaved and have his hair cut as short as necessary for
good appear ance
or for medical reasons.
Provision of
toilet articles
85 Every inmate shall, on his reception in
the training school, be provided with such toilet articles as are necessary for
health and
cleanli ness; and arrangements shall be made for the replacement of
those arti cles when necessary.
Physical
exercise
86 (1) Inmates
shall regularly be given such physical recreation, training and exercise as are
required to promote health and physical
well-being.
(2) The Medical Officer shall decide on the
fitness of every in mate for physical recreation, training and exercise, and
may on medical
grounds modify the physical recreation, training or exercise to
be taken by an inmate, or may on medical grounds excuse or prohibit
an inmate
from undertaking such recreation or training or from taking such exer cise.
Quality of food
87 (1) The
normal diet of the training school shall be such diet as is from time to time
approved by the Chief Medical Officer.
(2) The food provided for inmates shall be of
wholesome quality and be well prepared and served; and shall, within the scope
of any
diet approved under paragraph (1) be reasonably varied.
Inspection of
food by Medical Officer
88 The Medical Officer shall frequently
inspect the food, both cooked and uncooked, which is provided for inmates, and
shall report
to the Commissioner on the state and quality of the food and on
any defi ciency in the quantity or defect in the quality of the
water.
Private food
prohibited
89 Except as determined by the
Commissioner, or as directed by the Medical Officer on medical grounds no
inmate shall be allowed to
have any food other than that provided in the normal
diet of the training school.
Quantity of
food
90 Except as provided by rule 36, or as
provided by these rules in connection with the imposition of a punishment in
respect of an
offence against discipline, or on the written recommendation of
the Medical Offi cer in the case of an inmate who persistently wastes
his food,
or on medical grounds by direction of the Medical Officer, no inmate shall have
less food than is provided in the normal
diet of the training school.
Clothing
91 Except as provided by rule 99, every
inmate shall be provided with an outfit of clothing adequate for warmth and
health, and shall,
unless the Commissioner otherwise directs, wear such clothing and no other.
Protective
clothing
92 The clothing provided under rule 91
shall, where necessary, in clude suitable protective clothing for use at work.
Medical
examination on release
93 Every inmate shall, as short a time as
is practicable before his release from the training school, be examined by the
Medical Officer,
and an inmate who is suffering from an acute or dangerous
illness shall not be released until in the opinion of the Medical Officer
it is
safe to do so, unless, the period for which he may be detained in the training
school having expired, he refuses to stay.
Outfit on
release
94 (1) Every
inmate shall on release from the training school or on being granted temporary
leave of absence under rule 19 of these rules
receive his own clothes.
(2) Where for any reason his own clothes cannot
be worn the inmate may be provided with or, in the case of his temporary
absence on
leave be lent, an outfit of suitable clothing.
PART III
SPECIAL RULES FOR PARTICULAR CLASSES OF INMATES OTHER THAN THOSE SENTENCED TO
UNDERGO CORREC TIVE TRAINING
Application of
rules 96 to 110
95 Notwithstanding anything in the
foregoing provisions of these rules, this Part shall, as respects the matter
dealt with in this
Part, have effect in relation to inmates other than those
sentenced to undergo cor rective training.
Unconvicted
Inmates
Separation of
unconvicted inmates
96 An inmate detained in the training
school before trial under sec tion 49 of the Young Offenders Act 1950 [title 10 item 33] (hereinafter in these
rules referred to as an "unconvicted inmate") shall, while so de tained,
be kept apart as far
as possible from inmates undergoing correc tive training.
Limited
restriction of association
97 Restrictions on the association of
unconvicted inmates shall be limited to what is necessary to prevent
contamination or conspiring
to defeat the ends of justice.
Food of
unconvicted inmate
98 An unconvicted inmate may, subject to
such conditions as the Commissioner may from time to time impose, be supplied
at his own ex
pense or at the expense of friends with food, drink, and tobacco.
Clothing of
unconvicted inmate
99 (1) An
unconvicted inmate may wear his own clothing, and may have necessary changes of
his own underclothing supplied from time to time
where such clothing—
(a) is sufficient and suitable;
(b) is not required for the purposes of justice;
and
(c) is disinfected should the Medical Officer
direct.
(2) An unconvicted inmate who does not wear his
own clothing may be required to wear training school clothing provided under
rule 91.
(3) An unconvicted inmate may be deprived of the
privilege of wearing his own clothing as a punishment imposed in respect of an
of fence
against discipline, being an offence relating to escaping from lawful
custody.
Haircuts;
shaving
100 An unconvicted inmate shall not be
required to have his hair cut or, if he has a beard, moustache, etc., to shave
or be shaved,
unless the Medical Officer considers it necessary for purposes of
health or cleanli ness; and his hair shall not be cut closer than
necessary for
those pur poses.
Private medical
attendance on unconvicted inmate
101 If
an unconvicted inmate desires the attendance of a registered medical
practitioner or registered dental practitioner, and is able
and willing to
defray any expense thereby incurred, the Commissioner may, if he is satisfied
that there is reasonable ground for
the application, allow him to be visited
and treated by that medical or dental practitioner in consultation with the
Medical Officer.
Private property of unconvicted inmate
102 The Commissioner may, on the application
of an unconvicted inmate, allow him, so far as is consistent with good order
and discipline
in the training school, to have in his room any articles which
were in his possession at the time of his arrest or committal to
the training
school and which are not required for the purposes of justice and are not rea sonably
suspected of forming part of
any property improperly acquired by him.
Books of
unconvicted inmate
103 An unconvicted inmate may have supplied
him at his own ex pense books, newspapers, writing materials and other means of
occupa tion
except such as are objectionable in the opinion of the Board or,
pending their consideration of the matter, in the opinion of the
Commis sioner.
Work by
unconvicted inmate
104 (1) An
unconvicted inmate shall not be subject to the require ments of rule 46
regarding work, but may work if he so wishes, and in
that event shall receive
payment at the appropriate rate set out in the Second Schedule,
(2) An unconvicted inmate may be required to
clean his room, and no payment shall be made in respect of any of such work.
Visits to
unconvicted inmate
105 An unconvicted inmate may be visited
during such hours and under such restrictions as the Commissioner may
determine.
Unconvicted
inmate seeking bail
106 Where an unconvicted inmate is detained
in the training school in default of bail he shall be allowed to have an
interview at any
reason able hour, or to communicate with friends, for the
purpose of providing bail.
Visit by
private medical adviser to unconvicted inmate
107 An unconvicted inmate may, for the
purposes of his defence at his forthcoming trial, receive a visit from a
registered medical practitioner
selected by him or by his friends or legal
adviser, under the same condi tions as apply to a visit by his legal adviser.
Facilities for unconvicted inmate to prepare defence
108 (1) An
unconvicted inmate shall be allowed all reasonable facil ities, including the
provision of writing materials, for communicating
by letter with his friends,
or for conducting correspondence or preparing notes in connection with his
defence at his forthcoming
trial.
(2) A confidential written communication
prepared as instruc tion for the legal adviser of an unconvicted inmate may be
delivered per
sonally to such legal adviser, and shall not be treated as a
letter to which rule 63(3) applies, unless the Commissioner has reasonable
grounds for suspecting that the letter contains matter not relating to such
instruc tions,
Loss of special
privileges of unconvicted inmate
109 An unconvicted inmate may be deprived of
the privileges allowed to him by rules 98, 103, 105 and 108 as punishment
imposed in respect
of an offence against discipline:
Provided that any such
deprivation shall not extend so as to af fect visits or letters required for
the purposes of his securing
bail or preparing his defence at his forthcoming
trial.
Unconvicted
inmate not to sell or transfer articles
110 The sale or transfer or attempted sale or
transfer to any person by an unconvicted inmate of an article allowed to be
introduced
into the training school for his use shall be an offence under rule
30, and upon proof of the offence rule 29 shall apply to any
such article as it
applies in relation to an unauthorized article.
Appellants
Application of
rules 112 to 116
111 Rules 112 to 116 apply to an inmate who,
having been sen tenced to undergo corrective training—
(a) has duly appealed against his conviction in
accordance with the Criminal Appeal Act 1952 [title 8 item 87]; or
(b) has duly appealed, or applied for leave to
appeal, or has been granted leave to appeal against his conviction or sentence
to the
Court of Appeal in accordance with the Court of Appeal Act 1964 [title 8 item 4]; or
(c) has
duly petitioned for special leave to appeal against his conviction or sentence
to Her Majesty-in-Council; or
(d) has been granted leave to appeal against his
conviction or sentence to Her Majesty-in-Council;
and any such
inmate is in those rules referred to as an "appellant".
Payment for
work done by appellant
112 If an appellant is ordered by the Supreme
Court, the Court of Appeal or Her Majesty-in-Council to be released from
detention in
the training school (whether under a recognizance pending the
hearing or upon the determination of the appeal) he shall be entitled
to be
paid at the appropriate rate set out in the Second Schedule for any work upon
which he has been employed during the time
he has been treated as an appellant.
Appellant
seeking bail
113 Where an inmate who is an appellant is
detained in the training school in default of bail or of any person entering
into a recognizance
or giving other security in connection with the inmate's
appeal, then the inmate shall be allowed to have an interview at any reasonable
hour, or to communicate with friends, for the purpose of obtaining bail or any
such recognizance or other security.
Visit by
private medical adviser to appellant
114 An appellant may, for the purposes of his
appeal or his petition for special leave to appeal, receive a visit from a
registered
medical prac titioner selected by him or by his friends or legal
adviser, under the same conditions as apply to a visit by his legal
adviser.
Visitor to
appellant in connection with appeal
115 An appellant may for the purposes of his
appeal or petition for special leave to appeal receive a visit from any other
person.
Facilities for
appellant to prepare appeal
116 (1) Writing
materials to such extent as the Commissioner con siders reasonable shall be
furnished to an appellant who requires them
for the purpose of preparing his
appeal or petition for special leave to ap peal.
(2) An appellant may write letters to his legal
advisers or other person for the purposes of his appeal or petition for special
leave
to ap peal.
(3) A confidential written communication
prepared as instruc tions for the legal adviser of an appellant may be
delivered personally
to such legal adviser, and shall not be treated as a
letter to which rule 63(3) applies, unless the Commissioner has reasonable
grounds for suspecting that the letter contains matter not relating to such
instructions.
Convicted
Inmates Awaiting Sentence
Representations
to court by convicted inmates awaiting sentence
117 (1) This
rule applies to inmates who having been convicted of an offence, are before
sentence is passed upon them, remanded to the training
school under section
49(1) of the Young Offenders Act 1950 [title
10 item 33].
(2) An inmate to whom this rule applies shall,
if he so desires, for the purpose of preparing any representations to the court
before
which he is to appear to be sentenced or otherwise dealt with, be
granted any or all of the facilities which are accorded to appellants
by virtue
of rules 114, 115 and 116.
PART IV
FUNCTIONS OF BOARD
Application of
Part IV
118 Without prejudice to any of the foregoing
provisions of these rules by or under which any duty is imposed or power
conferred on
the Board or on a member of the Board, this Part shall have effect
with re spect to the functions of the Board, or of individual
member of the
Board, in relation to the training school and to the inmates.
Meetings and
visits to training school
119 (1) The
Board shall meet at the training school not less often than once a month to
discharge their functions under these rules, and
on such other occasions as
from time to time become necessary.
(2) Individual members of the Board shall
frequently visit and inspect the training school.
(3) The Board shall from time to time arrange a
rota of atten dance of members of the Board at the training school.
Minutes
120 The
Board shall keep minutes of their proceedings.
Duties in general
121 (1) The
Board shall co-operate with the Commissioner in pro moting the efficiency of
the training school.
(2) The Board shall make inquiry into any
matters specially referred to the Board by the Governor or by the Minister, and
shall report
thereon.
(3) The Board shall report to the Governor and
to the Minister any matter relating to the training school or to any inmate
where they
think it expedient or desirable to do so.
Access to
inmates
122 (1) The
Board, or individual members of the Board, may see such of the inmates as they
desire, out of the sight and hearing of any officer.
(2) The Board, or individual members of the
Board, shall hear, investigate and deal with any complaint or application which
an inmate
may wish to make to them and shall, if necessary, report the circum stances,
with their opinion and recommendations (if any), to
the Com missioner and to
the Governor-in-Council.
Inspection of
food
123 The Board shall from time to time inspect
the dietary of inmates, and if they find the quantity or quality of the food
unsatisfactory
they shall report the matter to the Minister and note the
circumstances in their minutes.
Inspection of
books and records
124 The Board may inspect any of the books
and records of the training school, and a note of any such inspection shall be
made in their
minutes.
Additional
visits or letters
125 The Board, or a member of the Board, may,
in any case of spe cial importance or urgency, allow an inmate an additional
visit or
letter or prolong the period of a visit.
Inquiry as to
state of premises; recommendations
126 The Board shall from time to time inquire
into the state of the premises and buildings comprising the training school,
and if any
repairs or additions thereto appear to them to be necessary they
shall report thereon with their advice and suggestions to the Minister.
Assessment of conduct of inmates; suitability for release
127 (1) The
Board shall consider not less often than every three months the character,
conduct and prospects of each inmate undergoing corrective
training.
(2) The Board shall, in the case of an inmate
who has under gone corrective training for not less than nine months and who
is, in the
opinion of the Board, suitable for release from the training school
under supervision, report to the Governor and to the Minister
on the advisabil ity
of his release; and in making any such report the Board shall assess his
prospects on release and the probability
that he will not revert to a criminal
life.
Reporting of
incorrigible inmate
128 The Board shall, where it appears to them
that an inmate is in corrigible or is exercising a bad influence on other
inmates, report
the circumstances to the Governor and shall make such
recommendations to the Governor as appear to the Board to be desirable; and
the
Board shall inform the Minister accordingly.
Supervision and
after-care; directions
129 Where an inmate who is under going
corrective training is to be released from the training school by the Governor
under section
62 of the Young Offenders Act 1950 [title 10 item 33] then in any such case the Board shall take his
supervision and after-care into consideration, and shall, upon his release,
cause
him to be given a notice in writing con taining—
(a) the name of the person or body of persons under
whose supervision he is to be after his release; and
(b) any requirements which the Governor has
directed to be specified in the notice and with which the inmate is to comply
while under
supervision on his release.
Assessment of
compliance by person released under supervision
130 The Board shall, while a person released
from the training school is under supervision, take such steps as they think
necessary
to satisfy themselves that he is duly complying with the requirements
contained in the notice given to him in accordance with rule
129 on his
release; and if it appears to the Board that any such person has failed to
comply with any of the requirements contained
in the notice they shall, as soon
as may be, inform the Governor and the Minister of the circumstances, and shall
make such recommendations
with respect to
the recall of that per son to the training school or otherwise as they think
expedient.
Consultation
with Commissioner before granting any permission
131 The Board shall, before granting any
permission which they have power to grant under these rules, satisfy themselves
by consultation
with the Commissioner that it can be granted without
interfering with the se curity, good order, and proper government of the
training
school and of the inmates therein; and if after such permission has
been granted its continuance appears likely to cause such interference,
or if
an inmate has abused any permission granted to him or has been guilty of miscon duct,
the Board may suspend or withdraw the
permission.
Annual report
to Governor
132 The Board shall make an annual report at
the end of each year to the Governor with regard to the matters referred to in
these rules,
with their advice and suggestions upon any such matter, and shall
inform the Minister accordingly.
SCHEDULES
FIRST SCHEDULE
Restricted
Diets
The restricted
diets which may be imposed as punishments in respect of offenders against
discipline shall be as follows—
(1) No. 1 DIET
(a) This diet, when imposed for a period of three
days or less, shall consist of—
1 lb. bread each day with
water.
(b) This diet when imposed for more than three days
shall consist of alternate periods of three days of—
(i) 1 lb. bread each day with water;
(ii) the ordinary diet for inmates employed
on nor mal labour.
(c) An inmate shall not be employed on normal work
on any of the days on which bread and water constitute the sole food supplied
to
him; but the inmate may, nevertheless, be allowed, if he so wishes, to
perform suitable work in his room.
(d) An inmate who has been placed on No. 1 diet
shall not again be placed on that diet as a punishment in respect of a fresh
offence
against discipline until an interval has elapsed equal to the period
already passed by the inmate on No. 1 diet.
(2) No. 2 DIET
(a) This diet when imposed for a period of fourteen
days or less shall consist of—
Breakfast Bread, 8 oz., with water.
Dinner 1 pint of thick pea soup.
Potatoes, 8 oz.
Bread, 8 oz., with water.
Supper Bread, 8 oz., with water.
(b) If an inmate while placed on No. 2 diet is
guilty of a fresh offence against discipline, No. 2 diet may be temporarily
interrupted,
and the inmate may be placed on No. 1 diet for a period not
exceeding three days; and on the expi ration of the period on No. 1
diet the
inmate shall re sume the diet originally ordered, and the period passed on No.
1 diet shall count as part of the period
of No. 2 diet on which the inmate was
originally placed.
(c) An inmate who has been placed on No. 2 diet for
a pe riod of fourteen days continuously shall not again be placed on either No.
1 or No. 2 diet as a punishment in respect of a fresh offence against
discipline until an in terval of one week has elapsed.
SECOND SCHEDULE
Payment for
Work in Training School
1 An inmate sentenced to undergo
corrective training shall (subject to these rules) be paid for work done at the
following rates —
For eight hours work in
any one day —
25 cents to 35 cents for
that day according to grade.
For four hours work in
any one day —
12 cents to 17 cents for
that day according to grade.
2 An unconvicted inmate shall (subject
to these rules) be paid for work done at the following rates —
For eight hours work in
any one day —
15 cents for that day.
For four hours work in
any one day —
7 cents for that day.
3 The Minister may by order in writing—
(a) direct that any part of the amount to be paid in
accor dance with the provisions hereof may, prior to or upon the release of the
inmate, be paid by the Commissioner to any person specified in the order for
the maintenance of any of the dependants of the inmate;
or
(b) direct that where in the opinion of the
Minister the in mate has wilfully destroyed or damaged any part of the premises
comprising
the training school or any article belonging to the Government an
amount not exceeding one half of the moneys accruing to the inmate
under the
provisions hereof from the date of the order until the date of discharge shall
be paid into the Consolidated Fund, prior
to the release of the inmate, in full
or part compensation for such destruction or damage.
4 Where an inmate is transferred to a
prison under section 59 of the Young Offenders Act 1950 [title 10 item 33], then any moneys held on his behalf in accordance
with the provisions hereof at the date of his transfer shall be deemed to be
held on his behalf under the analogous provisions of the Prison Rules 1980 [title 10 item 32(a)] .
5 Where a prisoner has been transferred
from a prison to the training school under section 60 of the Young Offenders
Act 1950 [title 10 item 33], then
moneys held on his behalf under the analogous provi sions of the Prison Rules
1980 [title 10 item 32(a)], at the
date of his transfer shall be deemed to be moneys accruing to him under the
provi sions hereof so however that payment
therefor may be withheld from him
until the date of his discharge from the training school.
[Amended by
SR&O 37/1964
SR&O 2/1966
SR&O 47/1971
SR&O 11/1975
SR&O 42/1976
BR 18/1979 ]
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